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Agenda Report - August 19, 2015 C-11
AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM Cool I AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Mark Thomas & Company, Inc., of Sacramento, for Harney Lane Grade Separation Project ($398,343) and Appropriating Funds ($500,000) MEETING DATE: PREPARED BY: August 19, 2015 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Mark Thomas & Company, Inc., of Sacramento, for Harney Lane Grade Separation Project in the amount of $398,343 and appropriating funds in the amount of $500,000. BACKGROUND INFORMATION: On October 5, 2011, City Council approved the professional services agreement with Mark Thomas & Company, Inc. (MTCo) for the design of the Harney Lane Grade Separation Project. The design work has been completed and the project is now moving to the next phases of work preliminary to awarding the construction contract. On June 3, 2015, City Council approved Amendment No. 1 to the Professional Services Agreement adding funding assistance and utility coordination to the suite of services provided by MTCo. As a result of accelerated funding approval, it is time to add services for the bidding and construction aspects of the project. The requested amendment to the Professional Services Agreement will add the following services to the contract. A copy of the contract amendment is provided as Exhibit A. 1. Bidding Assistance. During the construction contract bidding phase, MTCo will assist the City with any bidder related questions, prepare any necessary contract addenda, and provide interpretations of the contract documents as needed. 2. Right -of -Way Certification and Utility Coordination. The level of effort required to deliver the services covered under Amendment No. 1 to the professional services agreement were understated. A variety of unexpected last-minute right-of-way issues were resolved by the right of way acquisition subconsultant. In addition, several utility design conflicts at various locations were discovered during utility relocation construction that had to be immediately resolved by the City's design team. The added costs total $4,300. 3. Project Funding and Reimbursement. Now that the project funding has been approved by Caltrans, Union Pacific Rail Road and the Public Utilities Commission, it is necessary to create the agreements to establish procedures for delivery of the funds to the City. Typically, the City will spend the funds and then apply for reimbursement from the various entities. MTCo will serve as an adjunct to City staff by assisting in the set-up of the reimbursement agreements and compiling and assembling the reimbursement application packages. Due to the federal funding on this project, the process is complicated and time-consuming. 4. National Environmental Protection Agency (NEPA). Since completion and certification of the original NEPA clearance for the project, the City acquired additional property at the southeast corner of Stockton Street and Harney Lane from the Reynolds Ranch development. The City anticipates the construction contract awardee will request to use the property as a construction staging area at a considerable savings to the City. Supplemental NEPA documentation and APPROVED �. S ph Schw fuer City Manager K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\CCMarkThomasAmendment No. 2.doc 8/10/2015 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Mark Thomas & Company, Inc., of Sacramento, for Harney Lane Grade Separation Project ($398,343) and Appropriating Funds ($500,000) August 19, 2015 Page 2 coordination with Caltrans will be prepared and performed by MTCo and the environmental subconsultant to allow use of this property. 5. Design Support During Construction. MTCo and subconsultants will assist the City during construction and project close out by providing interpretation of the construction documents, responding to requests for information, reviewing change orders, reviewing shop drawing and product submittals, attending construction meetings, reviewing project pay requests, and preparing record drawings for the project. 6. Contract Term. The term of the contract will be extended for 30 months to June 30, 2018. The not to exceed fee for these services is $398,343. Staff recommends adoption of the resolution approving Amendment No. 2 to the Professional Services Agreement with MTCo for the Harney Lane Grade Separation Project and appropriating funds in the amount of $500,000. The additional appropriation above the amendment costs is to cover staff time to administer the project. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Regional State Transportation Program (307) Jor an "k" - Aye Deputy City Manager/Internal Services Director J'a li F. Wally ndelin Public Works Director Prepared by F. Wally Sandelin, Public Works Director FWS/FWS/tb Attachment K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\CCMarkThomasAmendment No. 2.doc 8/10/2015 AMENDMENT NO. 2 MARK THOMAS & COMPANY, INC. FEDERALLY -FUNDED CONTRACTS HARNEY LANE GRADE SEPARATION PROJECT - DESIGN THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, made and entered this day of August, 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MARK THOMAS & COMPANY, INC. (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Contract Agreement on February 12, 2013, Contract Extension Agreement on December 17, 2013, and Amendment No. 1 on June 15, 2015, as set forth in Exhibit 1; and 2. WHEREAS, CITY requested to amend said Agreement as set forth in Attachment A; and 3. WHEREAS, CITY requested to amend said Agreement to extend the term through June 30, 2018; and 4. WHEREAS, CONTRACTOR agrees to said amendment; NOW, THEREFORE, the parties agree to amend the Scope of Services and fees as set forth in the Amendment No. 2 per Attachment A and amend the Term of the Agreement. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on .2015. CITY OF LODI, a municipal corporation MARK THOMAS & COMPANY, INC. Hereinabove called "CITY" Hereinabove called "CONTRACTOR" STEPHEN SCHWABAUER City Manager Attest. JENNIFER M. FERRAIOLO, City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney MICHAEL J. LOHMAN President MARK THOMAS & COMPANY, INC. Providing Inoneeling, Surveying and Planning Services July 20, 2015 File # SA -13103 (B) [PS&E] Mr. Wally Sandelin City of Lodi - Public Works Department 221 West Pine Street Lodi, CA 95241 RE: HARNEY LANE GRADE SEPARATION PROJECT AMENDMENT FOR DESIGN SUPPORT SERVICES DURING CONSTRUCTION Dear Mr. Sandelin, As we have discussed, MTCo has prepared the attached contract amendment for additional contract OFFICES services that are beyond the approved scope of work for the Harney Lane Grade Separation Project. Cupertino These items are described below and in the enclosed attachments. Fresno Pleasanton Bidding Assistance: Sacramerdo During the advertisement period, MTCo will assist the City with any bidder related questions, prepare Salinas any needed addenda and provide any interpretation of the contract documents. San Jose San Mateo Design Support During Construction: County Walnut Creek MTCo and subconsultants will provide assistance, as required, during construction of the project, including interpretation of the construction documents, responding to request for information (RFI), reviewing shop drawings, attending construction meetings, etc. Project Budget Assistance: MTCo will - assist the City and SJCOG with continued support to identify and program additional funding sources for the project. NEPA Revalidation for Proposed Staging Area: Since completing the original NEPA clearance, the City of Lodi acquired additional right-of- way at the southeast corner of Stockton Street and Harney Lane. The City anticipates that the selected contractor will request to utilize the parcel as a construction staging area. The total cost above for the above items of work is $398,342.71. Thank you, please feel free to call if there are any questions on the attached scope of work. MARK THOMAS & COMPANY, INC. Zach Siviglia, P.E. Project Manager 7300 Folsom Blvd., Suite 203 Sacramento, CA 95826 www.morkfhomas.com Tel: (916) 381-9100 Fax: (9161381-9180 Harney Lane Grade Separation — CCO #3 Scope of Work Introduction and Background Mark Thomas & Company (MTCo) and the City of Lodi have completed the Final PS&E for the Harney Lane Grade Separation project, which is ready for advertising once the funding authorization is issued from Caltrans. The following scope of work is to provide bidding assistance, project budgeting assistance, NEPA revalidation for the proposed contractor staging area on the southeast corner of Harney/Stockton intersection, and design support during construction. Scope of Work The MTCo Team will provide professional services for the following items. Task 1 Bidding Assistance During the advertisement period, MTCo will assist the City with any bidder related questions, prepare any needed addenda and provide any interpretation of the contract documents. MTCo has included a fee for this task; however, the level of work effort will be based on the requested involvement from the City and construction manager for the project. Task 2 Design Support During Construction MTCo and subconsultants will provide assistance, as required, during construction of the project. The work may include assisting the City in providing consultation and interpretation of the construction documents, responding to request for information (RFI), reviewing shop drawings, attending construction meetings, etc. MTCo will also complete the as -built drawings after receiving red -line mark- ups at the completion of construction. An allowance has been provided for construction assistance and will be charged on a time and materials basis. Task 3 Project Budget Assistance The project includes multiple local, state, and federal funding sources that have been allocated toward the project. MTCo will assist the City and SJCOG with continued support to identify and program additional funding sources for the project. The potential funding sources may include Measure K Renewal, RSTP, STIP, Section 190 Funding, and other Local funds. MTCo will review the allocated funds to date and recommend modifications based on the availability of other sources. Task 4 Final Right of Way and Utility Coordination The final right of way acquisition process required additional effort and coordination with the affected property owner. There were numerous meetings and revisions to the purchase agreements, and ultimately modifications to the final Right of Way Certification for Caltrans review and approval. Task 5 NEPA Revalidation for Proposed Staging Area Since completing the original NEPA clearance, the City of Lodi acquired additional right-of-way at the southeast corner of Stockton Street and Harney Lane. Given the proximity of this parcel to the proposed Harney Lane Grade Separation Project, the City anticipates that the selected contractor will request to utilize the parcel as a construction staging area. However, as this parcel was not previously included in the project study area, supplemental environmental studies will be needed to allow the use of the parcel as a staging area. LSA has prepared the following scope of services to support the NEPA revalidation. Initial Assessment / Caltrans Coordination Following authorization to proceed, LSA will conduct an initial assessment of project impacts based on the revised project description and make a preliminary determine n of what additional documentation will be required. LSA will then coordinate with Caltrans regarding these findings. It is Page 1 of 3 Harney Lane Grade Separation — CCO #3 Scope of Work expected that the Caltrans will confirm the Technical Errata and Technical Studies described below will be sufficient. Technical Errata It is not expected that the revised project description will require substantial revisions or supplements to technical studies for biology, community impacts, noise, or visual. However, it will be necessary to review these studies in light of the revised project description and prepare brief technical errata to documenting changes to the existing setting (i.e., inclusion of the new parcel). Changes to impacts and/or mitigation, if any, are expected to be minor. Deliverables: Technical Errata (4) Technical Studies The following revised/supplemental technical studies will be prepared in support of the NEPA revalidation. Agricultural Resources. The new parcel supports agricultural crops that will likely be removed during project implementation. In order to document these additional impacts, LSA will prepare a revised Farmland Impact Assessment Memorandum. The memo will briefly describe potential conversions of agricultural lands to non-agricultural uses on the new parcel, in the context of the project as a whole. The analysis will include the revisions to the Soil Conservation Service Form AD 1006. The memorandum will also discuss the potential for the project to impact parcels that are currently under Williamson Act contracts. We have budgeted 2 hours for responding to comments generated during review of the Farmland Impact Assessment Memorandum. Deliverables: Revised Farmland Impact Assessment Memorandum Soil Conservation Service Form AD 1006 Cultural Resources. LSA will conduct additional cultural resource studies for the additional parcel that are needed for the City and Caltrans to address requirements of Section 106 of the National Historic Preservation Act, NEPA, CEQA, and the Caltrans 2014 FirstAmended Programmatic Agreement Among The Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance With Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal -Aid Highway Program in California (Section 106 PA). Research and Field Investigation • A records search will be conducted at the Central California Information Center. The records search will identify previously recorded cultural resources and previous cultural resource studies within or adjacent to the APE. • A review of cultural resource inventories will be completed to identify listed resources in or adjacent to the APE. • Background research and a literature review, consisting of a review of archaeological, ethnographic, historical, and environmental publications and maps at historical archive repositories and at LSA's library will also be performed. • LSA will contact the Native American Heritage Commission in Sacramento for (1) a review of the Sacred Lands File to determine if the Study Area contains any listed sites, and (2) a list of Native American contacts who may have concerns about the APE. Local Native Americans on that list will be Page 2 of 3 Harney Lane Grade Separation — CCO #3 Scope of Work contacted by letter and follow-up telephone calls, as necessary, to inquire about any concerns or information they may have. • LSA will consult with Caltrans to determine which resources (if any are identified) can be exempted and which will require evaluation. • LSA will contact the San Joaquin County Historical Society and Museum for any information or concerns they may have about the APE. • LSA will conduct a field survey of the approved APE to identify and record archaeological and/or architectural cultural resources. Documentation • LSA will prepare a revised Area of Potential Effects (APE) map to Caltrans standards. • LSA will prepare a Supplemental Historic Property Survey Report (sHPSR) and a Supplemental Archaeological Survey Report (sASR) per Caltrans standards. We have budgeted 8 hours for responding to comments generated during review of the sHPSR and sASR. Deliverables: APE Map Supplemental Historic Properties Survey Report Supplemental Archaeological Survey Report Page 3 of 3 CONTRACT No CONSULTANT DIRECT LABOR Classification Engineering Manager III Structural Manager Engineer IX Engineer VIII Engineer VI Engineer V Engineer IV Engineer III Engineer II Engineer Technician Land Surveyor Project Surveyor Admin COST PROPOSAL Hareny Lane Grade Separation Mark Thomas & Company Form 101-1 CONSULTANT COST PROPOSAL Date 20 -Jul -15 Subtotal Direct Labor Costs $ 131,920 00 Initial $ - Total Direct Labor Costs Hourly FRINGE BENEFITS Rate Range Hours Fringe Benefits 3890% Rate Total 78.00-8999 60.0 C $ 78.00 $ 4,68000 89.00-100 99 60.0 C $ 89.00 $ 5,340.00 59 00-62 99 650.0 C $ 62.00 $ 40,300.00 55.03-57.22 0.0 t✓d $ 55.00 $ - 4600-52.49 300.0 $ 46.50 $ 13,950.00 42 00-45 99 00 @ $ 42.50 $ - 3850-41.99 12000 C $ 4050 $ 48,600.00 3500-38.40 00 @ $ 3550 $ 31.50-3449 600.0 C $ 31.75 $ 19,050.00 26 00-32 49 00 C $ 26.00 $ 50 00-57 00 00 @ $ 51 00 $ 33.00-41.99 0.0 @ $ 35.00 $ - 18 00-29 00 00 C $ 1900 Subtotal Direct Labor Costs $ 131,920 00 Anticipated Salary Increases (0% for one year) $ - Total Direct Labor Costs $ 131,920 00 FRINGE BENEFITS Rate Total Fringe Benefits 3890% $ 51,316.88 INDIRECT COSTS Overhead/General and Administrative 146.46% $ 193,210.03 Total Indirect Costs 0.00 $ 193,210 03 FEE @ 10% $ 32,513.00 OTHER COSTS Mileage $ Reports $ - Reproductions Costs (out of office blue lines, xerox, binding) $ 375.95 Overnight Mail/Mail $ Total Other Costs $ 37595 MTCo TOTAL COSTS $ 358,018.99 SUBCONSULTANT 10-H TOTAL COSTS Fehr & Peers $ 8,173.41 Pennino Design Group $ 3,354.31 Interwest $ 4,29000 Baumbach & Piazza $ 1.000.00 LSA $ 23,506 00 Subconsultants Total Costs $ 40,323.72 $ 398,342.71 TOTAL COSTS Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No. Harney Lane UPRR Grade Separation Construction Support Date 07/16/15 CONSULTANT Fehr & Peers 0.00 $ - 0.0 DIRECT LABOR 0.00 $ - Initial 0.0 C $ 0.00 $ Hourly Classification Name Range Hours 0.00 Rate Total Sr. Associate II Kristin Calia 12.0 C $ 63.46 $ 761.52 2,650.38 Sr. Technician IV Mike Johnstone 22.0 C $ 50.48 $ 1,110.56 Total Direct Labor Costs Sr. Technician IV James Sellards 10 0 C $ 46.39 $ 463.90 FRINGE BENEFITS Administrative Asst. II JoLynn Souto 2.0 C $ 26.44 $ 52.88 71.17% Technician III Raynon Catris 8.0 C $ 32.69 $ 261.52 0.0 C $ 0.00 $ - 0.0 C $ 0.00 $ - 0.0 C $ 0.00 $ - 0.0 C $ 0.00 - Subtotal Direct Labor Costs $ 2,650.38 Anticipated Salary Increases (5% for one year) $ Total Direct Labor Costs $ 2,650.38 FRINGE BENEFITS Rate Total Fringe Benefits 71.17% $ 1,886.28 Total Fringe Benefits $ 1,886.28 INDIRECT COSTS Overhead/General and Administrative 105.00% $ 2.782.90 Total Indirect Costs $ 2,782.90 FEE @ 10% $ 731.96 OTHER COSTS Mileage $ 121.90 Reproductions Costs (out of office blue lines, xerox, binding) $ Photographic Film & Processing $ Mail & Delivery Services (California Overnight and Postage) $ Total Other Costs $ 121.90 TOTAL COSTS $ 8,173.41 CONTRACT No. CONSULTANT DIRECT LABOR Classification Landscape Architect Administration Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL Harney Lane Grade Separation -Construction Support Date 07/16/15 Pennino Design Group Initial Hourly Name Range Hours Rate Total Valerie Pennino 75-100 20.0 @ $ 80.00 $ 1,600.00 Bryan Pennino 22-30 5.0 C $ 20.00 $ 100.00 Subtotal Direct Labor Costs $ 1,700.00 Total Direct Labor Costs $ 1,700.00 FRINGE BENEFITS Rate Total Fringe Benefits Multiplier 75.00% $ 1,275.00 (Payroll taxes, benefits, retirement, bonuses, occupancy) Total Fringe and Labor $ 2.975.00 INDIRECT COSTS Overhead/General and Administrative Total Indirect Costs FEE @ 10% OTHER COSTS Mileage Computer Fees - Modeling Reproductions Costs (out of office blue lines, xerox, binding) Photographic Film & Processing Mail & Delivery Services (California Overnight and Postage) Total Other Costs 2.50% $ 74.38 $ 74.38 $ 304.94 TOTAL COSTS $ 3,354.31 Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL - Contract Change Request #3 CONTRACT No. SA -13103, Harney Lane / UPRR -Grade Separation Project Date 5/5/15 CONSULTANT Interwest Consulting Group DIRECT LABOR Initial Hourly Classification Name Range Hours Rate Total John Almazan 34.0 @ $ 54.00 $ 1,836.00 Admin Staff 2.0 @ $ 28.25 $ 56.50 0.0 @ $ 0.00 $ - 0.0 @ $ 0.00 $ - 0.0 @ $ 0.00 $ 0.0 @ $ 0.00 $ 0.0 @ $ 0.00 $ - 0.0 @ $ 0.00 $ - 0.0 @ $ 0.00 $ 0.0 @ $ 0.00 $ 0.0 @ $ 0.00 $ 0.0 @ $ 0.00 Subtotal Direct Labor Costs $ 1,892.50 Anticipated Salary Increases (5% for one year) $ - Total Direct Labor Costs $ 1,892.50 FRINGE BENEFITS Rate Total Fringe Benefits 47.00% $ 889.48 Total Fringe Benefits _ $ 889.48 INDIRECT COSTS Overhead/General and Administrative 59.00% $ 1,116.58 Total Indirect Costs $ 1,116.58 FEE @ 10% $ 389.86 OTHER COSTS Total Other Costs $ - TOTAL COSTS $ 4,288,41 Harney Lane Grade Separation NEPA Revalidation - LSA Budget Estimate Bdkg Rq 516795 S11859 S9579 514753 5105,90 SW. 12 59026 58739 SIN 11 FAR Rate (186.09 -May 31, 2013 (Update 6/23/15) Overhead G&A Fringe Profit 45.940A 49.72% 90.43% 10% 7I202015(L PROPOSA'Co of nanny2 Obudge)x1,) all MW Bdkg Rq 516795 S11859 S9579 514753 5105,90 SW. 12 59026 58739 SIN 11 FAR Rate (186.09 -May 31, 2013 (Update 6/23/15) Overhead G&A Fringe Profit 45.940A 49.72% 90.43% 10% 7I202015(L PROPOSA'Co of nanny2 Obudge)x1,) AMENDMENT NO. 1 MARK THOMAS & COMPANY, INC. FEDERALLY -FUNDED CONTRACTS HARNEY LANE GRADE SEPARATION PROJECT - DESIGN THIS AMENDMENT NO. 1 TO CONTRACT EXTENSION AGREEMENT, made and entered this L!�' day of June, 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MARK THOMAS & COMPANY, INC. (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Contract Agreement on Februa y 12, 2013 and Contract Extension Agreement on December 17, 2013, as set forth in Exhibit 1 of Attachment A and 2. 1N"HEREEAS, CITY requested to amend said Agreement as set forth in Attachment d ar!d 3. VC-tER.EAS, 'ONT;1tACTOR agrees to said amendment; NOW, THEREFORE, the parties agree to amend the Scope of Services and fees as set forth in the Amendment No. 1 per Attachment A. jN WiTNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on �: .---,2015. CITY OF LODI, a municipal corporation Hereinabove called "CITY" Attest: JE . IFER 10. FERRAIOLO, Cit. Clerk Approdec as to F=;crn: {,1A ISE C). N A-_DjCH pity Atio; ney MARK THOMAS & COMPANY, INC. Herei ove called "CONTRACTOR" 1 I President A • $ was> OFFICES Cupertino Fresno Pleasanton Sacramento Salinas San Jose San Mateo County Walnut Creek MARK THOMAS & COMPANY, iNC. Providing Engineering, Surveying and Planning Seii ices April 24, 2015 Mr. Wail} Sandeiin City of Lodi - Public Works Department 221 West Pine Street Lodi, CA 95241 File # SA -13103 (B) [PS&E] RE: HARNEY LANE GRADE S C:PARATION PROJECT AMENDMENT FOR ADDITIONAL WORK ON PS&E CONTRACT Dear Mr. Sandelin, As we have discussed, MTCo has prepared the attached contract amendment for additional contract services that are beyond the approved scope of work for the Harney Lane Grade Separation Project. These ite,l.s are describeJ, in detail, in the enclosed attachments. Amendment For Additional Work Below is a description of the additional services that will be provided by MTCo: Funding Assistance: MTCo will work with the City to develop funding documentation for the Harney Lane Project. MTCo will prepare the CPUC Section 190 Funding Application, STIP amendment justification, and work with SJCOr on the other funding amendments necessary for RSTP and Measure K funds. In addition, MTCo will p•epm-e ti;e necessary Requests for Authorization (RFA) documents for the construction auti.,i'izaticn, wnica includes right of way certification, utility relocations, and will work directly with Caltrans Local Assistane:s or; tile fanning allocation documentation needed for the CTC agenda. Utility Crsordinatiori: MTCo will provide utility coordination for the proposed project. MTCo will follow the Caltrans process for utility relocations which includes: Record of Investigation (ROI), Claim Letters, Utility Agreements, and Notice to Owners, prior to completing the Utility Certification. The total cost above for MTCo is $45,000. Thank yoi i, nleast- feel free to call if there are any questions on the attached scope of work. Best Regards, MARK THOMAS & COMPANY, INC. u Zach SiN ip;lia, P. Project Mana¢c,r 7300 Folsom blvd., Suite 203 Sacramento, CA 95826 www.markthornas.corn Tel: (916) 381-9100 Fax: 19161 381-9180 Harney Lane Grade Separation -- CCO #2 Scope of Work Introduction and Background The current design contract between Mark Thomas & Company (MTCo) and the City of Lodi for work on the Harney Lane Grade Separation project is moving towards the Final PS&E Submittal. In order to advance the project funding, MTCo has been asked to assist in the preparation of funding requests for various sources including STIP, RSTP, CPUC Section 190, along with the preparation of the authorization requests and coordination with Caltrans and the CTC, as well as finalizing the utility coordination process for any relocations needed for the project. Scope of Work The MTCo Team will provide professional services for funding assistance with funds administered through Caltrans Local Assistance, SJCOG, California Transportation Commission, and the California Public Utilities Commission. In addition, MTCo will provide utility coordination for the proposed project. FUNDING ASSISTANCE 'rack 1. Fending Assistance MTCo will work with the City to develop funding documentation for the Harney Lane Project. MTCo will prepare the CPUC Section 190 Funding Application, STIP amendment justification, and work with SJCOG on the other funding amendments necessary for RSTP and Measure K funds. In addition, MTCo will prepare the necessary Requests for Authorization (RFA) documents for the construction authorization, which includes right of way certification, utility relocations, and will work directly with Caltrans Local Assistance on the funding allocation documentation needed for the CTC agenda. T,?!:k 2 Utility Coordination MTC.c wil! fcllow the Caltrans process for utility relocations which includes: Record of Investigation i,ROI), Cla`rn Letters, Utility Agreements, and Notice to Owners, prior to completing the Utility Certification. MTCo will work with the City to finalize all utility agreements and certifications to satisfy City requirements. This task includes reviewing relocation agreements for proper charges and fees and ne ,otiatina as necessary to ensure correct advances, refunds and reimbursements. Final utility agreements will be included in the Right of Way Certification package. When the relocation plans are received, MTCo will check relocation design against the latest project n!,.n,s for conflicts. MTCo will then send a copy of the Ffinal Plans ("C" Pians) along with a Notice to Owner (C:3!trans Exrr'sbit 14-d in the Local Assistance Pro-edures Manual) directing the utility com�nanies to initiate relocation construction. Page 1 of 1 Form 10H CONSULTANT COST PROPOSAL Subtotal Direct Labor Costs $ 16,460.00 Anticipated Salary Increases (0% for one year) $ - Total Direct Labor Costs $ 16,460.00 - FRINGE BENEFITS Fringe Benefits INDIRECT e^O^TS Overhead/General and Administr::ilve "rota) Indirect Costs FEE @ 10% OTHER COSTS Mileage Reports Reproductions Costs (out of office blue lines, xerox, binding) Overnight Mail/Mail Total Other Costs MTCo TOTAL COSTS SUBCONSULTANT 10•-H TOTAL COSTS Subconsultants Total Costs TOTAL COSTS Rate Total 38.90% $ 6,402.94 146.46% $ 24,107.32 0.00 $ 24,107.32 S -w $ 375.95 $ 4,056.73 $ 375.95 $ 45,000.00 $ 45,000.00 COST PROPOSAL CONTRACT No. Hareny Lane Grade Separation Date 24 -Apr -15 T CONSULTANT Mark Thomas & Compan� DIRECT LABOR Initial Hourly Classification Range Hours Rate Total Engineering Manager III _ 78.00-89.99 - v 0.0 C $_78.00 $ Structural Manager 89.00-100.99 0.0 @ $ 89.00 $ Engineer XI 59.00-•62.99 120.0 Ca $ 62.00 $ 7,440.00 Engineer VIII 55.03-57.22 __ 0.0 C $ 55.00 $ - Engineer VI 46.00-52..49 0.0 @ $ 46.50 $ - Engineer V 42.00-45.99 0.0 @ $__42.50 $ - Engineer IV 38.50-41.99 „ 160.0 C $ 40.50 $ 6,480.00_ Engineer Ili 35.00-38.40 0.0 C $ 35.50 $ - Engineer II 31.50-34.49 _80.0 @ $ 31.75 $ 2,540.00 Engineer Technician 26.00-32.49 - 0.0 @ $ 26.00 $ -- Land Surveyor 33.00-57.00 0.0 @ $ 51.00 $ - Project Surveyor 33.000-41.99 0.0 C $ 35.00 $ - Admin 18.00-29.00 0.0 C $ 19.00 - Subtotal Direct Labor Costs $ 16,460.00 Anticipated Salary Increases (0% for one year) $ - Total Direct Labor Costs $ 16,460.00 - FRINGE BENEFITS Fringe Benefits INDIRECT e^O^TS Overhead/General and Administr::ilve "rota) Indirect Costs FEE @ 10% OTHER COSTS Mileage Reports Reproductions Costs (out of office blue lines, xerox, binding) Overnight Mail/Mail Total Other Costs MTCo TOTAL COSTS SUBCONSULTANT 10•-H TOTAL COSTS Subconsultants Total Costs TOTAL COSTS Rate Total 38.90% $ 6,402.94 146.46% $ 24,107.32 0.00 $ 24,107.32 S -w $ 375.95 $ 4,056.73 $ 375.95 $ 45,000.00 $ 45,000.00 CONTRACT EXTENSION AGREEMENT MARK THOMAS & COMPANY, INC. FEDERALLY -FUNDED CONTRACTS HARNEY LANE GRADE SEPARATION PROJECT — DESIGN THIS CONTRACT EXTENSION AGREEMENT, made and effective this n day of December, 2013, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and MARK THOMAS & COMPANY, INC., hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and City, entered into a contract for Harney Lane Grade Separation Project — Design (Federally -Funded Contracts) on February 12, 2013. 2. TERM AND TERMS: The term of this Contract Extension Agreement shall be for a period of 2 (two) years, commencing immediately and terminating December 31, 2015. All other terms and conditions will remain as set forth in the Contract for Harney Lane Grade Separation Project — Design (Federally -Funded Contracts) attached hereto as Exhibit 1 and made a part hereof as though fully set forth herein. IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension Agreement on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "City" KO RADT AM, City Manager Attest: RANDI JOHL-OLSON, City Clerk Approved as to Form: D. STEPHEN SCWABAUER, City Attorney MARK THOMAS & COMPANY, INC. hereinabove called "Contractor" ��[ Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES Federally Funded Contracts Cost Plus Fixed Fee Option ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties � 1A 13 THIS AGREEMENT is entered into on and between the CITY OF LODI, a municipal corporation (hereinafter CITY"), and MARK THOMAS & COMPANY, INC. (hereinafter "CONTRACTOR"). Section 1.2 Contract Documents The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Agreement for Professional Services Scope of Services attached as Exhibit A City's Request for Proposals Contractor's Proposal The City's Request for Proposal and the Contractor's Proposal are on file in the Public Works Department. All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. However, in the event of a conflict between this Agreement and the Scope of Services, City's Request for Proposal or Contractor's Proposal, this Agreement shall control. ARTICLE 2 SCOPE OF SERVICES ''- Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in the Contract Documents. Section 2.2 Time For Cornmencement_and CornOWdon of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR'S contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities -- and on the qualifications of CONTRACTOR's principals and staff as identified in the Contract Documents. The Scope of Services set out in the Contract Documents shall be performed by CONTRACTOR and may not be assigned to a subcontractor, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within tate Contract Documents and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. CITY's CONTRACT ADMINISTRATOR shall be Public Works Director Wally Sandelin. CONTRACTOR'S PROJECT MANAGER shall be Robert A. Himes. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Any subcontract shall contain all of the provisions required by this Agreement. 2 Section 2.6 Term The term of this Agreement commences on 2112, 2013 and terminates upon the completion of the services required by the Contract Documents. However, Contractor shall complete the required services byf A61 , 2013, unless otherwise excused as provided in this Agreement. ARTICLE 3 COMPENSATION Section 3.1 Compensation A. The method of payment for this contract will be based on actual cost -plus -a -fixed fee as set forth in the attached COST PROPOSAL attached hereto as Exhibit 10(h) and incorporated herein by reference! The LOCAL AGENCY will reimburse the CONTRACTOR for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by the CONTRACTOR in performance of the work. The CONTRACTOR 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 CONTRACTOR'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will the CONTRACTOR be reimbursed for overhead costs at a rate that exceeds the LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that the LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time and/or actual costs reimbursable by the 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, the LOCAL AGENCY will pay the CONTRACTOR a fixed fee in the amount set forth in Exhibit 10(h). 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. 1 Exhibit references In this Agreement are not sequential, to match required federal exhibit reference names. 3 D. When milestone cost estimates are included in the approved Cost Proposal, the CONTRACTOR shall obtain prior written approval for a revised milestone cost estimate from the Contract Manager 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 the CONTRACTOR's fixed fee will be included in the monthly progress payments. If CONTRACTOR fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, the LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of this Agreement. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract by the Lodi City Council. G. The CONTRACTOR will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 -calendar days after the performance of work for which the CONTRACTOR 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 the LOCAL AGENCY including any equipment purchased under the provisions of Section 4.21(o) Equipment Purchase of this contract. The final invoice should be submitted within 60 -calendar days after completion of the CONTRACTOR's work. Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Wally Sandelin, Public Works Director/ Contract Manager H. The total amount payable by the LOCAL AGENCY including the fixed fee shall not exceed $947,147. I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by the LOCAL AGENCY's Contract Manager. H 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. Section 3.2 Method of Payment Payment shall be as provided in Section 3.1 of this Agreement. Section 3.3 Costs Costs shall be as provided in Section 3.1 of this Agreement. Section 3.4 Auditinn CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be, relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. 5 Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.6 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: 6 To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: F. Wally Sandelin, Public Works Director To CONTRACTOR: Mark Thomas & Company, Inc. Robert Himes, PrincipalNice President 7300 Folsom Blvd., Ste_ 203 Sacramento, CA 95826 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be perfonned under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Cost Proposal (Exhibit 1 Oh) to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except 7 to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Remedies, Applicable Law, Jurisdiction, Severability, and Attorney's Fees City shall be entitled to any remedies available under California law for breach of this Agreement. This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terns Prevail All of the Contract Documents are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the other Contract Documents, the terms of this Agreement shall prevail. 8 Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authorily The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions The Federal Transit Funding conditions below apply to this contract. In the event of a conflict between the terms of this contract or any of the other Contract Documents, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. a) Covenant Against Contingent Fees The Contractor warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Contractor; to solicit or secure this agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, the local agency shall have the right to annul this agreement without liability, or at its discretion; to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9 b) Documentation. CONTRACTOR shall document the results of the work to the satisfaction of the local agency, and if applicable, the State of California and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. c) Ownership of Documents Tracings, plans, specifications, and maps prepared, or obtained under the terms of the agreement shall become the property of the local agency. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under such agreement shall be made available upon request to the local agency without restriction or limitation on their use. If this agreement is for preliminary plans only, local agency shall have full rights to the subsequent use of the plans, or ideas incorporated therein for preparation of construction plans. d) Patent Rights Patent rights shall be as provided in 41 CFR 1-9.1, as applicable. e) Copyrights If CONTRACTOR requests and is permitted by Local Agency to copyright reports or other agreement products, CITY, the FHWA and the State of California shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use the work for government purposes. f) Changes in Work I. This contract may be amended or modified only by mutual written agreement of the parties. II. The CONTRACTOR shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the LOCAL AGENCY's Contract Manager. III. There shall be no change in the CONTRACTOR's Project Manager or members of the project team, as listed in this Agreement without prior written approval by the LOCAL AGENCY's Contract Manager. g) Disputes I. 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 the LOCAL AGENCY's Contract Manager and 10 City Manager, who may consider written or verbal information submitted by the CONTRACTOR. U. For Contracts without PS&E submittals, Not later than 30 days after completion of all work under the contract, the CONTRACTOR may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. For Contracts with PS&E submittals, Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONTRACTOR may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing III. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONTRACTOR from full and timely performance in accordance with the terms of this contract. h) General Compliance with Laws and Wage Rates The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work. This includes compliance with California prevailing wage rates, certified payrolls, and payment in accordance with California Labor Code, Section 1775. i) Subcontracting, Assignment and Transfer If CITY approves a subcontract pursuant to Section 2.4 of this Agreement, all subcontracts shall provide that subcontracts exceeding $25,000 in cost shall contain all required provisions of the prime contract. j) Contractor's Endorsement on PS&E/Other Data The responsible Contractor/engineer shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by him/her, and where appropriate, indicate his/her California registration number. k) Disadvantaged Business Enterprise Considerations Contractors must give consideration to DBE firms as specified in 23 CFR §172.5(b), 49 CFR, Part 26, and in Exhibit 10-1 "Notice to Proposers Disadvantaged Business Enterprise Information! If the contract has a DBE goal, the Contractor must meet the DBE goal by using DBEs as subcontractors or 11 document a good faith effort to have met the goal. If a DBE subcontractor is unable to perform, the Contractor must make a good faith effort to replace him/her with another DBE subcontractor if the goal is not otherwise met. LAPM Exhibits 10-I, 10-J, 10-01, 10-02, 15-H and 17-F are included in this Contract as though fully set forth herein. I) Non -lobbying Certification (Exhibit 10-P) is included in this contract as though fully set forth herein. m) Debarment and Suspension Certification (Exhibit 12-E, Attachment E) is included in this contract as though fully set forth herein. n) Non -Discrimination Clause (Exhibit 104) is included in this contract as though fully set forth herein. o) EQUIPMENT PURCHASE A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before the CONTRACTOR enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONTRACTOR services. The CONTRACTOR shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in the CONTRACTOR's Cost Proposal and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager, 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: "The CONTRACTOR shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, the CONTRACTOR may either keep the equipment and credit the 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 the LOCAL AGENCY in an amount equal to the sales price. If the 12 CONTRACTOR elects to keep the equipment, fair market value shall be determined at the CONTRACTOR's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the LOCAL AGENCY and the CONTRACTOR, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5000.00 is credited to the project. P) OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in the LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to the LOCAL AGENCY. The CONTRACTOR shall furnish the 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. The CONTRACTOR is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the LOCAL AGENCY of the machine-readable information and data provided by the CONTRACTOR under this agreement; further, the CONTRACTOR is not liable for claims, liabilities, or losses arising out of, or connected with any use by the 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 the CONTRACTOR. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions are included in this Agreement as appropriate. E. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. 13 q) CONFIDENTIALITY OF DATA A. - All financial, statistical, personal, technical, or other data and information relative to the LOCAL AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made available to the CONTRACTOR in order to cant' out this contract, shall be protected by the CONTRACTOR from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the LOCAL AGENCY relating to the contract, shall not authorize the CONTRACTOR to further disclose such information, or disseminate the same on any other occasion. C. The CONTRACTOR shall not comment publicly to the press or any other media regarding the contract or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff, CONTRACTOR's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. The CONTRACTOR shalt not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the LOCAL AGENCY, and receipt of the 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. F. If this is a PS&E contract, all information related to the construction estimate is confidential, and shall not be disclosed by the CONTRACTOR to any entity other than the LOCAL AGENCY. r) CONFLICT OF INTEREST. Sub -Paragraphs A through D shall apply to PS&E contracts. Subparagraphs A,B, E, F and G shall apply to Construction Contract Administration Contracts. A. The CONTRACTOR 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, The CONTRACTOR 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. 14 B. The CONTRACTOR hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. C. The CONTRACTOR hereby certifies that neither CONTRACTOR, nor any firm affiliated with the CONTRACTOR 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 subcontractors whose services are limited to providing surveying or materials testing information, no subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. E. The CONTRACTOR hereby certifies that neither the CONTRACTOR, its employees, nor any firm affiliated with the CONTRACTOR providing services on this project prepared the Plans, Specifications, and Estimates 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. F. The CONTRACTOR further certifies that neither CONTRACTOR, nor any firm affiliated with the CONTRACTOR, will bid on any construction subcontracts included within the construction contract. Additionally, CONTRACTOR certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. G. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this contract shall have provided services on the design of any project included within this contract. S) REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONTRACTOR warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or IM 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 t) PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING A. The CONTRACTOR 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 the CONTRACTOR to any person for influencing or aiiempting 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; the CONTRACTOR shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. 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, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty 16 of not less than $10,000 and not more than $100,000 for each such failure. C. The CONTRACTOR 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. U) COST PRINCIPLES A. The CONTRACTOR agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items. B. The CONSUTTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. 17 CITY OF LODI, a municipal corporation ATTEST: l� RANDI JOHL KONRADI"BA—RTLAM City Clerk City Manager APPROVED AS TO FORM: COMPANY, INC. D. STEPHEN SCHWABALIER, City Attorney JANICE D. MAGDICH, Deputy City Attorney By CONTRACTORWARK THOMAS & By: t �. T) 1,� Name: � eAti k Title: 124pc4hi iee President Attachments: Exhibit A - Scope of Services Exhibit 10(h) - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - City's Request for Proposals Exhibit E - Contractor's Proposal Exhibit 104 Notice to Proposers DBE Information Exhibit 104 Standard Agreement for Subcontractor/DBE Participation Exhibit 10-01 Local Agency Consultant DBE Commitment Exhibit 10-02 Local Agency Consultant DBE Information Exhibit 15-H DBE Information -Good Faith Efforts Exhibit 17-F Final Report - Utilization of DBE's Exhibit 10-P Nonlobbying Certification for Federal Aid Contracts Exhibit 12-E, Attachment E - Debarrment and Suspension Certification Exhibit 10-V - Non -Discrimination Clause Exhibit 10-F - Certification of Consultant Commission and Fees Exhibit 10-G - Certification of Local Agency Funding Source:337022.7720 (Business Unit & Account No.) Doc ID: CA: rev.01.2012 18 6)'t';e, i-iq PROPOSED SCOPE OF WORK WORK PERFORMED UNDER CURRENT PA -ED CONTRACT Several of the tasks that are included in MTCo's current PA -ED contract will continue through completion of the PS&E contract, as detailed in our approved contract with the City. As such, these tasks are not included in the following scope of work. These items generally include: In addition, there are several PS&E level tasks that have already been completed; therefore, they are not included in the scope below_ These items include: DESCRIPTION PERFORMED BY Borings'For Bridge- and Retaining Wolf Foundptions. Neel 0. An&ie on'& /�SSp�EIaf�S_ Design -Level Topographic Suryeys B&P WORK PROPOSED FOR THE PS&E CONTRACT TAS10 PROJECT INANAGEMENT PROJECT DEVELOPMENT TEAM (PDT) MEETINGS MTCo will continue to coordinate with the PDT on this project. Once PS&E design commences, meetings will be held on a monthly basis or as needed to correspond with deliverables and decision deadlines. The PDT meetings Will include the City, MTCo and our subconsultants, Caltrans, SJCOG, and other agency representatives as appropriate. MTCo will continue to take the lead in: facilitating the meetings, preparing and distributing meeting agendas, inviting meeting participants, and preparing/distributing meeting minutes. Meeting minutes will include a list of materials distributed/discussed at the meeting, and a summary of action items to be addressed prior to the next meeting. This proposal assumes there will be 10 PDT meetings. 1.2 CLIENTfSURCONSULTANT PROJECT MANAGEMENT MTCo will continue to perform ongoing general project coordination with the City and our subconsultants. This will include maintaining project files; holding focused design coordination meetings; and preparing correspondence, e-mail, and phone calls necessary to manage the project, maintain project budget, and achieve on -schedule submission of project deliverables. 1.3 AGENCY COORDINATION MTCo will continue to perform ongoing general project coordination with the City, Caltrans (for right of way certification and funding authorizations), Union Pacific Railroad (UPRR), and the California Public Utilities Commission (CPUC). This will include holding design review meetings and CPUC field review meetings; and preparing checklists, applications, and submittals consistent with Caltrans, CPUC, and UPRR guidelines. Funding Support (Section 190 Authorization)- PERFORMEDDESCRIPTION MTCo Right of Way Plats and Description Boumbach & Piazza (B&P) _Pothole Surveys _ B&P . "Show Me Stakes" for Proposed Right of Way B&P Hydrology and Drainage Design B&P Preparation/Distribution of Newsletters JBC Design Refinement and Geometric Approval Drawings _ ti1TCor:: In addition, there are several PS&E level tasks that have already been completed; therefore, they are not included in the scope below_ These items include: DESCRIPTION PERFORMED BY Borings'For Bridge- and Retaining Wolf Foundptions. Neel 0. An&ie on'& /�SSp�EIaf�S_ Design -Level Topographic Suryeys B&P WORK PROPOSED FOR THE PS&E CONTRACT TAS10 PROJECT INANAGEMENT PROJECT DEVELOPMENT TEAM (PDT) MEETINGS MTCo will continue to coordinate with the PDT on this project. Once PS&E design commences, meetings will be held on a monthly basis or as needed to correspond with deliverables and decision deadlines. The PDT meetings Will include the City, MTCo and our subconsultants, Caltrans, SJCOG, and other agency representatives as appropriate. MTCo will continue to take the lead in: facilitating the meetings, preparing and distributing meeting agendas, inviting meeting participants, and preparing/distributing meeting minutes. Meeting minutes will include a list of materials distributed/discussed at the meeting, and a summary of action items to be addressed prior to the next meeting. This proposal assumes there will be 10 PDT meetings. 1.2 CLIENTfSURCONSULTANT PROJECT MANAGEMENT MTCo will continue to perform ongoing general project coordination with the City and our subconsultants. This will include maintaining project files; holding focused design coordination meetings; and preparing correspondence, e-mail, and phone calls necessary to manage the project, maintain project budget, and achieve on -schedule submission of project deliverables. 1.3 AGENCY COORDINATION MTCo will continue to perform ongoing general project coordination with the City, Caltrans (for right of way certification and funding authorizations), Union Pacific Railroad (UPRR), and the California Public Utilities Commission (CPUC). This will include holding design review meetings and CPUC field review meetings; and preparing checklists, applications, and submittals consistent with Caltrans, CPUC, and UPRR guidelines. 1 .Q FUNDING SUPPORT In addition to coordinating with CPUC and CTC to acquire Section 190 funds, as defined in our PA -ED contract, MTCo will assist the City to prepare the E-76 authorization request for federal funding reimbursements. 1.5 PREPARE/UPDATE PROJECT SCHEDULES MTCo will continue to update the project schedule For review at the PDT meetings. 1.6 MONTHLY PROGRESS REPORTS MTCo will prepare a monthly status spreadsheet with each of the invoices submitted for payment. The spreadsheet will show the original budget, reallocated budget, amount spent to date, amount spent this period, and percentage spent to date for each task. 1.7 QUALITY ASSURANCE/QUALITY CONTROL MTCo will employ our comprehensive QC/QA checklists and perform an independent review of each submittal in parallel with agency reviews. We have assigned Matt Brogan (MTCo) to serve as Quality Control Manager for this project. He will be responsible for internal and external quality control measures (e.g., verifying sound design practices internally, and verifying that our subconsultants are using most recent information). 1.8 UPRR/CPUC AND UTILITY COORDINATION MTCo will continue to coordinate with UPRR, CPUC, and the City to facilitate approval of the following: ■ Cost Sharing Agreement ■ Construction & Maintenance Agreement for the ■ Right of way and aerial easements for construction new grade separation ■ GO -88B grade separation crossing application 1.9 CALTRANS COORDINATION MTCo will continue to coordinate with Caltrans and the City to facilitate the approval of the following (these items are now required with federal funding): ■ Record of Investigation ■ Utility Agreements ■ Certification of Sufficiency 1.10 PUBLIC OUTREACH ■ Environmental Certification ■ Right of Way Certification Judith Buethe Communications (JBC) will continue to provide public outreach for this project. JBC is already scoped to provide several update newsletters throughout the project within the PA -ED contract. For the PS&E scope, JBC will coordinate two (2) public meetings. It is anticipated that these meetings will be held following the 65% design submittal and after the project has been awarded. This will provide a check-in with the public and property owners during design and just prior to construction. MTCa will continue to provide support at the Shirtsleeve and Council meetings as needed. - - _ - - — - - - - y::.. i • i Sys_- " _ 1 .r; ':e X' .-•:r.:ti�i... -;s,'�.y...,__- .:. TASK -2' DUAf�t�: F�tQ s ��._ ��h:'n., � ������:=s; a:_ 2.1 STRUCTURES I)SUC:N MTCo will prepare structure plans based upon the approved General Plan. The structure will be designed using Load and Resistance Factor Design following AASHTO LRFD Bridge Design Specifications. Other references that MTCc, will follow are Caltrans Division of Structures Bridge Memo to Designers, Bridge Design Aids, Bridge Design Details, and BNSF-UPRR Guidelines for Railroad Grade Separation Projects. 2.2 STRUCTURE INDEPENDENT CHECK Upon completion of the 65% Structures Submittal, APEX will commence the structures independent check. All discrepancies between the designer and independent checker will be resolved prior to the 95% Submittal. 2.3 LANDSCAPE DESIGN Pennino Design Group (PDG) will develop up to two concepts for hardscape and landscaping the median and the outside embankments for the overhead crossing from Hutchins to Stockton. This scope includes preliminary design of all four quadrants of the grade separation. The scope and fee can be adjusted if the City decides to landscape the northwest quadrant only. 2.4 UTILITY COORDINATION MTCo will coordinate with utility companies to relocate their facilities to accommodate construction. This includes: ■ Sending Utility "A" Letters (Already sent in PA -ED contract) ■ Sending Preliminary Conflict Mapping (Already sent in PA -ED contract) ■ Attending Field Meeting with Utility Companies ■ Utility Company will Prepare Their Relocation Design ■ Utility Companies will Send Their Claim Letters Submitted to the City TASK 3: RiGHT OF WAY SERVICES ■ City and Utility Companies will Approve Agreements ■ Preparing Certification of Sufficiency (MTCo and Neil O. Anderson) ■ Caltrans will Issue an Environmental Certification ■ Caltrans will Issue an Right of Way Certification It is assumed there will be seven (7) acquisitions, and temporary access will be allowed with Rights of Entry. With federal funding, Caltrans will be involved in every step of the right of way acquisition process. They will review the plats, descriptions, appraisals, and offers, and will ultimately issue a right of way certification. 3.1 APPRAISAL SERVICES Interwest will subcontract with Sierra West Valuation to perform appraisal services as described below. The reports will be prepared in conformance with and subject to the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). 3.2 APPRAISAL REVIEW Interwest will subcontract with Henry Spoto to perform the appraisal review services described below. The reports will be reviewed in conformance with and subject to the requirements of the USPAP. 3.3 ACQUISITION/NEGOTIATION PROCESS Interwest's licensed agents will negotiate to acquire interests that are identified and required for the project. interests to be acquired or cleared include, but may not be limited to: fee andpermanent and temporary construction easement. MTCo will be heavily involved with the acquisition and appraisals, providing exhibits and attending field meetings with the appraiser and property owners as needed. TASK 4: PROJECT PLANS SPECIFICATIONS & ESTiMATES (PS&E) MTCo and our subconsultants will prepare the Plans, Specifications, and Estimates (PS&E) based on designs performed in Task 2 of this scope of work. The plans will be prepared in AutoCAD, in a version compatible with the City's software requirements. Specifications will be prepared in MS Word and will be based on the City and Caltrans specifications. The Est -ii -notes will be prepared in MS Excel and will include quantities and current PROPOSED SCOPE OF WORK construction pricing. The Plans and Estimates (P&E) will be provided at 65% submittal and the PS&E will be provided at the 95%, 100% and Bid Package stages. It is anticipated the plan package will include the following plan sheets: 4.1 PROJECT PLANS MTCo and our subconsultants will prepare the following Plan Submittals: 4.1.1 65% PLAN suBMRTAL The 65% plan submittal will include the sheets specified above and will specify critical details needing approval. The intent of this submittal is to gain buy -off on plan layout and standards used, and confirm property and utility impacts. 4.1.2 95% PLAN SUBMITTAL The 95% plan submittal will include the plan sheets specified above and details. The 95% plan submittal is considered to be 100% and will be used to perform a thorough internal review for constructability and bidabiIity 4.1.3 100% PLAN SUBMITTAL The 100% plan submittal will include the plan sheets specified above and details, and will include final comments received by the City and MTCc's internal reviewers. 4.1.4 BID SET SUBMITTAL The Bid Set submittal will be printed on mylor or vellum (whichever the City prefers), and will be signed and ready for the City to advertise. 4.2 SPECIAL PROVISIONS MTCo will prepare Special Provisions for the project. The specials provisions will combine of Caltrans general provisions and the City's technical provisions. The special provisions will be submitted at the 95% and 100% plan reviews and Bid Set. 4.3 ESTIMATES MTCo will prepare preliminary construction cost estimates and submit them with each plan submittal. MTCo will also prepare preliminary costs for design options, as needed, for the City to make decisions. DESCRIPTION SCALE # OF R:r General Notes N/A. 7 i7i, c#Survey Typical Section(s) N/A 3 =Qli Profiles Varies 5 Water Pollution Control Plans 1 irlci,_ 2.0Uet 7 .7 PI'Qris, Prafiles,-Details _ MIK W Stage Construction/Traffic Control Varies Traffic Signal & Lighting Plop _ Varies � . .r�F- s=- 4�'-r yr- �. � .may: .r �._ J 4.1 PROJECT PLANS MTCo and our subconsultants will prepare the following Plan Submittals: 4.1.1 65% PLAN suBMRTAL The 65% plan submittal will include the sheets specified above and will specify critical details needing approval. The intent of this submittal is to gain buy -off on plan layout and standards used, and confirm property and utility impacts. 4.1.2 95% PLAN SUBMITTAL The 95% plan submittal will include the plan sheets specified above and details. The 95% plan submittal is considered to be 100% and will be used to perform a thorough internal review for constructability and bidabiIity 4.1.3 100% PLAN SUBMITTAL The 100% plan submittal will include the plan sheets specified above and details, and will include final comments received by the City and MTCc's internal reviewers. 4.1.4 BID SET SUBMITTAL The Bid Set submittal will be printed on mylor or vellum (whichever the City prefers), and will be signed and ready for the City to advertise. 4.2 SPECIAL PROVISIONS MTCo will prepare Special Provisions for the project. The specials provisions will combine of Caltrans general provisions and the City's technical provisions. The special provisions will be submitted at the 95% and 100% plan reviews and Bid Set. 4.3 ESTIMATES MTCo will prepare preliminary construction cost estimates and submit them with each plan submittal. MTCo will also prepare preliminary costs for design options, as needed, for the City to make decisions. PROPOSED SCOPE OF WOF 4.4 GENERAL CROSS-SECTIONS MTCo will use Autodesk Civil 3D to create general cross-sections at 50 -foot intervals. The general cross- sections will include the pavement sections, curbs, gutters, sidewalks, ditches, soundwalls, and critical offsets and elevations. These cross-sections will be used for estimating excavation and embankment quantities, and will be available to the contractor during bidding. 4.5 SLOPE STAKE NOTES MTCo will export information from the general cross-sections produced in Task 4.5 into an Excel spreadsheet. This information can be used by the surveyors providing construction staking for the project. 4.6 RESIDENT ENGINEER FILE MTCo will provide a Resident Engineer (RE) File to the City prior to construction. The RE File will provide useful information to the construction inspector, and will generally include quantity calculations, critical information the inspector should know, etc. 4.7 PREPARE PRELIMINARY SWPPP MTCo has several certified QSPs and QSDs on staff. It is now required that preliminary SWPPPs be prepared and uploaded to the State's website in order to receive a WDID number (as required by Caltrans). MTCo will prepare the preliminary SWPPP for upload. TASK 5: BIDDING ASSISTANCE AND CONSTRUCTION SUPPORT 5.1 BIDDING ASSISTANCE MTCo and our subconsultants will provide assistance, as required, to the City during bidding of the project. An allowance has been provided for bidding assistance in our fee, and this work will be charged on a time and materials basis. 5.2 CONSTRUCTION SUPPORT MTCo and our subconsultants will provide assistance, as required, to the City during construction of the project. An allowance has been provided for construction support in our fee, and this work will be charged on a time and materials basis. 5.3 RECORD DRAWINGS MTCc, and our subconsultants will provide Record Drawings to the City after construction is complete. Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No. Harmy Lane Grade Separation APEX Civil Engineering 5 Date 8 -Oct -12 CONSULTANT maili-Thomas & Cum n 28.096-2266 Fehr 8, Peers 5 35.228.G0 DIRECT LABOR $ 82.641.96 Pennino Design Group Initial 12,036.06 SubeorrsultantsTotal Costs $ 213,434.95 TOTAL COSTS Hourly $ 949,147.67 Classification Name Range Hours Rate Total Engineering Manager 111 78.00-89.99 700.0 C $ 78.00 $ 54,600.00 Structural Manager 89.00-100.99 48.0 Ia $ 89.00 $ . 4272.00- ,2'12:130-Engineer EngineerVI 46.00-52-49 240.0 C $ 46.50 $ 11,160.00 Engineer V 42.00-45.99 1236.0 Ca $ 42.50 $a2,530.D0 Engineer IV 38.50-41.99 1824.0 C $ 38.50 $ W=4.00. Engineer II 31.50-34.49 632.0 @ $ 31.75 $ 20,066.00 Engineer Technidal 26.00-32.49 936.0 @a $ 26.00 $ 24,336.00 Land Surveyor 50.00-57.00 16.0 Q $ 51.00 $ 816.00 Project Surveyor 33.00-41.99 80.0 C $ 35.00 $ 2,800.00 Admin 18.00-29.00 14.0 C $ 19.00 $. 2tifi e)0 0.0 @ $ _0.00. , - Subtotal Direct Labor Costs $ 241,070.00 Anticipated Salary Increases (0% for one year) $ Total Direct Labor Costs 5 2400 FRINGE BENEFITS Rate Total Fringe Benefits 43.92% $ 105,877.94 Total Fringe Benefits INDIRECT COSTS OverheadlGenemi and Administrative 125.98% $ 303,699.99 Total Indirect Costs 0.00- $ _.30SA99AS FEE t_ 10% 5 65.1364.79 OTHER COSTS Mileage $ Reproductions Costs (out of office blue Ivies, xerox, binding) $ 10.000A0 Utilty Potholing $ 9.840.00 Mail S Delivery Services (Caffornia Overnight and Postage) $ 350-00 Total Other Costs 20.000.00 MTCo TOTAL COSTS $ 735,712.72 SUBCONSULTANT 10-H TOTAL COSTS APEX Civil Engineering 5 55.488- 67 Judith Buethe Communications S 28.096-2266 Fehr 8, Peers 5 35.228.G0 IntenxestConsulting Group - Real Estate Consultants $ 82.641.96 Pennino Design Group 5 12,036.06 SubeorrsultantsTotal Costs $ 213,434.95 TOTAL COSTS $ 949,147.67 Form I OH CONSULTANT COST PROPOSAL CONTRACT No_ Lane Grade Def 101=12 CONSULTANT APEX CM Engineennil DIRECT LABOR Initial Houlty Classification Name Range Holds Rabe Totrd Principal Patricia Preston 86-129 80.0 Cl $ 7212 $ 5,789.8[] Senior Errgirreer imeutierm 50-58 18.5.0 a $ 5288 $ 9.782.80 CAMTechniaan RitmrdUhkran 32-38 80.0 a $ 38.06 s 2,884.80 0.0(a$ 0.00s - 0.0 $ 0.00 $ 0.0 a_$ 0.00 $ 0.0 s O.W$ - 0.0 as 0.00 $ OA as O•W $ - 0.0 a s Q00 $ 0.0 as 0.00 Subtotal Direct Labor Casts S 18,43720 Total Direct Labor Casts ;„ 18,43720 FR*4E BENEFITS Rate Total Fringe Seneft VAAUpGar 158.68% S 29,256.89 (Payroll taxes, beneft retirement bonuses. ocmwancY) TOW F*W and Labor $ 47.694.09 INDIRECT COSTS Beneral OverheadCand Administ mitm 5 Q076 Z 23&4'711 Total Indirect Costs $ _ Z38C70 FEE IM 10% OTHER COSTS md"" computer Fees - Mode" = Reprrlduckm Cada (out Of ohne btue Ines, zem& bkWing) s 350.00 Phomgrapft Film & ProCes:trr$ $ - Mal & Daheq SWIMS (Caiforrrla Oftoght and Postage) $ 54.rlU Total Other Caste $ 400.00 TOTAL COSTS : 56�IQ6.6T • 9/2W 12 Form 10H CONSULTANT COST PROPOSAL COSTPROPOSAL CONTRACT No. Namey Lane Grade 5eparatien Date_ 10/08/12 CONSULTANT Judith 13uethe Communications DIRECT LABOR Initial Hourly Classification Name Range Hours Rate Total Principal/Proj. Mgr. J. Buethe 55.00 93.0 $ 55.00 S 5.115.00 Sr.Associate/Cmative Dir_ M. Williams 30.00 29.0 Ca$ 30.00 $ 870.00 Admin. Asst. L. Huey 19.37 28.0 Ca $ 19.37 $ 542.36 Associate int. Chapman 26.99 3.0 C $ 26.99 $ 80.97 Clerical K. Williams 13.26 30.0 C $ 13.26 $ 397.80 O.QCa$ 0.00 $ - 0.0 C $ 0.00 $ - - 0.0 $ 0.00 $ 0.0 $ 0.00 $- - 0.0 $ 0.00 $ 0.0. $ 0.00 - Subtotal Direct Labor Costa $ 7,006.13 Total Direct Labor Costs $ 7,006.13 FRINGE BENEFITS Rate Total Fringe Benefits Multiplier^-_ 20.00% $, __ 1_.401.23 (Payroll taxes, benefits, retirement, bonuses, occupancy) Total Fringe and Labor $ 8,407,36 INDIRECT COSTS Overhead/General and Administrative 96.00% $ 8,071.06 Total Indirect Costs $ 8.07^ .06 647.84 FEE @ 10% $ 1' OTHER COSTS M $ 150.00 Mileage Direct mail (3 invitations and 3 newsletters) $ 6,700.00 Advertising In Lodi News -Sentinel $ 1,800'00 Public meeting printing, supplies (assumes mtgs will be held in Council Chambers) $ 538.00 Public Steno & Court Reporter $ 700.00 Total Other Coals $ 9,918.00 TOTAL COSTS $ 28,044.26 Form 1011 CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No. Homey Lane Grade Sepamdon ME and Cormtruction-Support We 090112 CONSULTANT Fehr&"Peace DIRECT LABOR Initial Hourly ClassMastion Name Range Hours Rate Told Sr. Associate II Malin Calla 48.0 ig S 57.69 $ 2.769.12 Sr. Technician N Mice Johnslon0 136.0 9$ 42.31 S 5,754.16 Sr. Technician 11 Beverly Melt 60.0 as 3125 S 1,875.0Q Administrative Asst, N Lindsey Sana &0 � i 33.17 $ 265.35 Administrative Asst. II Victoria Rose &0 19.95 $ 119.70 0.0 i 0.00 S_= 0.0. 5 0.00 $ 0.0 lai 0.00 $ 0.0 G$ 0.00 i 0.0 $ 0.00 i 0.05 0.005 - 0.0 L2 i 0.00 Sul It ' Direct Labor Coeds $ 10.783.34 Anticipated Salary hmeases (5%fbr one Year) $ -539.17 Total Direct Labor Costs i 11.322.51 FRINGE BEKEFITS RaUe Total Fringe Benefits 54.934E $ 6.219.45 Tobi Fringe Benefits S 8, 19.45 WDIRECT COSTS OvedmmdGermvW and Administrative 125.549E S 14,214.26 7o1s1 Irrdlrsct Costs a 14,214'28 FEE 4110% 5 , 3x175.62 OTHER COSTS $ 200.00 mmew Reproductions Coats (out of office blue Ones, xerm bkdm) S Photographic Fibra & Processing S Mai 3 Delivery Services (California Ovemight and Postage) S 94.14 Total Other Costs TOTAL COSTS COST PROPOSAL CONTRACT No. Harney Lane Grade 52eetration CONSULTANT Interwast CDnsultinq Group - Real Estate Consuitant Form 10H CONSULTANT COST PROPOSAL Date 10108112 DIRECT LABOR Initial Hourly Classification Name Range Hours Rate Total Project Manager Julie Cline 55-60 65.0 @ $ 59.62 $_ 3,875.30 Senior Agent John Almazan 50-55 240.0 @ $ 54.00 $ 12,960,00 Admin Staff Gina Wong 25-30 60.0 @ $ 28.25 $ 1,695.00 C$ $ Ca $ Subtotal Direct Labor Costs $ 18,530-30 Total Direct Labor Costs $— 18,530.30 FRINGE BENEFITS Rate Total Fringe Benefits Multiplier 470.0%. 8,709.24 (Payroll taxes, benefits, retirement, bonuses, occupancy) Total Fringe and Labor 27239-64 INDIRECT COSTS Overhead/General and AdministrativeTotal Indirect Costs — 59.00% $ - 16,071-33 $ 16,071.33 FEE @ 10% OTHER COSTS Sierra West Valuation - Appraisal Services Henry Spoto- Appraisal Review Services Fidelity National Tide Co. - PTR for UPRR Property Total Other Costs $ 16.OW.00 8.00040 1,D00-00 $ 4,3_31.09 $ 35 , - -,OGO.DO TOTAL COSTS $ 82,641.96 CONTRACT No. CONSULTANT DIRECT LABOR Classlflcadon Landscape Architect Administration COST PROPOSAL Ham lane Grade 5e awatfon Pannino Design Grau Form 10H CONSULTANT COST PROPOSAL pate i [)1081'12 Initial Hourly Name Range Hours Rate Total Valerie Pennino 75-100 75.0 C $ 80.00 $ 6,000.00 Bryan Pennino 22-30 5.0 C $ 20.00 $ 100.00 Subtotal Direct Labor Costs $ 6,100.00 Total Direct Labor Costs $ 6,100.00 FRINGE BENEFITS Rate Total Fringe Benefits Multiplier 75.00°/x. $ 4,575.00 (Payroll faxes, benefits, retirement, bonuses, occupancy) Total Fringe and Labor $ 10.675-00 INDIRECT COSTS 2.50% $ 266.88 Overhead/General and Administrative � 266.88 Total Indirect Costs $ 1,094.19 FEE @ 10% OTHER COSTS $ Mileage $ _ Computer Fees - Modeling $ Reproductions Costs (out of office blue fines, xerox, binding) 5 Photographic Film & Processing $ Mail & Delivery Services (California Overnight and Postage) $ Total Other Costs $ 12,036.06 TOTAL COSTS EXHIBIT C Insurance Requirements for Contractor The Contractor shall takeout and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the: Conti tor:and any subcontractor performing work covered. by this contract from claims for damages for personal injury, including.accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this contract, whether such Operations. be by Contractor a by any suboorltractor or by anyone directly.or iridfrectiy nployed by either of them, and the amozlnt of such insuranre-shalI be as folWis. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Ea. Occurrence $1,000,000 Aggregate PROFESSIONAL LIABILITY $1,000,000 Ea. Occurrence COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oieet that it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severabiily of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240, Compensation Insurance The .ContirsiAdr shall take out' and. maintain .during ft. NO of this contract, Worker's Compensation insurance. for all of Contractor's ernployees employed at the site. of ft project and, if any work is sublet, Contractor shall require the subcontractor simllarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection af€orded by the Contractor, in case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contraclor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days" prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 V'!. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. W, 10 a CITY OF LODI DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS for PROJECT MANAGEMENT, DESIGN AND ENGINEERING for the HARNEY LANE / UNION PACIFIC RAILROAD GRADE SEPARATION PROJECT Please Submit Proposals to: City of Lodi Public Works Department P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241 (95240) Attn: Wally Sandelin, Public Works Director Solicitation: Proposal for Professional Engineering and Environmental Services for the Harney Lane/UPRR Grade Separation Project Deadline for Submittal of Proposals No later than 11:00 a.m. on Monday, October S, 2012 TABLE OF CONTENTS Section Pa e Introduction Figure I —Vicinity Map ..... Schedule ........................... Prevailing Wage Requirements ........ Scope of Work ......... Proposal Format .......... Proposal Submittal Instructions ....... Evaluation Criteria ....... Selection Procedure,,.::.,...:.......:..:.13 General Terms and Conditions ....................13 Inquiries ............................................. ... . ..... ......................... * .......... 14 Attachments ........................ 1. Sample Contract with Indemnification and Insurance Requirements 2. Required Federal Form Submittals 3. Forms Required upon Execution of Agreement 4. Overall Project Cost Estimate K-.1WPXPR0JEC'fS\STREETS\Hamy0radeSepamtion\RFPNHamoy RFP -Revised 9-6-12.doe INTRODUCTION Harney Lane is a two-lane east -west urban collector near the City of Lodi's southern city limit. It intersects the Union Pacific Railroad approximately % miles west.of State Route 99. The City of Lodi recently adopted a Specific Plan for Harney Lane which reclassified it as a four -lane divided expressway. The City of Lodi is also planning several improvement projects along the Harney Lane corridor between Lower Sacramento Road to the west and State Route 99 to the east. This combined with the improvements to Harney Lane at State Route 99 that were recently constructed will increase the usage of Harney Lane. Keeping the existing at -grade railroad crossing along Harney Lane would cause significant traffic congestion, with a compound effect: on surrounding intersections and the State Route 991 Harney Lane interchange. The construction of a railroad grade separation at this location will be, an integral piece of the planned improvements to Harney Lane, The City of Lodi ("City") is soliciting:sealed proposals from Civil Engineering firms (California Registered Civil Engineer required) to provide professional engineering services for the Harney Lane/Union Pacific Railroad Grade Separation Project. The Scope ofServiees.shail include; but is not limited tot project mauagemebt, final right of way engineeringi axed final design of the proposed grade sepatation. This work X11 include all coordination with the. California Public Utilities Commission (CPUC), the Tibion Pacific Railroad (UPRR) and all other necessary agencies; identifying and. obtaining _aU. regulatory pits; and preparing a complete set of plans, specifications, and do engineer'se dmato (I'S") for the. proposed improvements. The purpose of this procurement is to select the iiiost qualified firm to enter into a contract with the City to provide professional engineering services. for the preparation of PS&E for construction of the Harney LaneWRR Grade Separation Project. The City is seeking tobsultants-YA6 strong general civil e€tgineeting and stiucttiral desigt► skills, depth of resources, and sensitivity to. the looel and regulatory issuR. limas. should have knowledge of the City's Standard Piaw-and Design Standards, as well as mowledge of the BNSF/UPRR Guidelines for Railroad Grade Separaq.dn Projects; AASHTG Design Guidelines: Caltrans Highway Design Manual, Caltrans Bridge -Design Manuals; Caltrans Standard Plans, and Caltrans Standard Specifications, The Project Location is identified in the project location map included herein as Figure 1. 2 KAWPIPROJECfSXSTPEEMiarneyGradeSepgaiongRFMamy RFP -Revised 9-6-12,doc Figure 1 Vicinity Map Grade Separation: Harney Lane at Union Pacific Railroad s cormay CIu6 rt Ail 4L ••�'` - ~� l «ri--, :, _ - 4• iii Fip .T. 3 K:\WPtPROJECTS\STREETS\HamayGradeSeparation\R[-?Wa moy RFP -Revised 9-6-12.doc .��• ,.iii: •;:: i�-'_�-. a ProjeaArea i gktk 3 K:\WPtPROJECTS\STREETS\HamayGradeSeparation\R[-?Wa moy RFP -Revised 9-6-12.doc .��• ,.iii: •;:: i�-'_�-. ��nanlal• -- - 3 K:\WPtPROJECTS\STREETS\HamayGradeSeparation\R[-?Wa moy RFP -Revised 9-6-12.doc WORK COMPLETED BY OTHERS The City contracted with Mark Thomas & Company to perform preliminary engineering, base mapping, geotechnical investigations and environmental review. Mark Thomas & Company is scheduled to complete these tasks on or before Febmary 13, 2013. Any Consultant awarded the contract shall incorporate the appropriate preliminary engineering, base mapping, geotechnical and environmental information into the design documents. Because the Harney Lane Grade Separation Project will be Federally funded, any Consultant awarded the contract must work with the City to be sure all work is cohesive with the timing as set forth in the Federal funding guidelines. SCHEDULE The City has established the following dates for this RFP: RFP released September 10, 2012 Proposals due October 8, 2012 Proposals evaluated by review team October 9 -17, 2012 Interviews of short-listed firms (if necessary) October 17, 2012 Award recommendation to City Council November 7, 2012 Contract ExecutionfWork Commences November 12, 2012 This schedule is subject to change and can be affected by various intervening events. PREVAILING WAGE REQUIREMENTS The services described herein are considered "public works" as defined by California Labor Code Section 1720 et seq. Any Consultant awarded a contract as the result of this RFP shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal wage laws, for services under the Consultant's contract. SCOPE OF WORK The Consultant shall have the ability to deliver a wide range of services including, but not limited to: bridge engineering, civil engineering, project management, development of PS&E, permitting, and construction support. The Consultant will serve as the central coordinator for all activities between the consulting team, City Staff, the CPUC, the UPRR, and regulatory agencies. A sample contract is provided as Attachment I. Listed below are tasks the consultant is expected to incorporate in the proposed scope of services. It is not intended that the tasks included below comprise a comprehensive list or are the only tasks required for this project. Each consultant firm should, based on its expertise, develop a cornprebensive and detailed scope of services necessary to complete the deliverables listed in this section of the RFP. 4 K:\WMPROJECCS�STREETS\HarmyGradeSeparationlRFMHerneyRPP-Revised 9-6-12.doc Phase I — Project Management, Final Design and Preparation of Plans, Specifications and Estimate Project Mana eg ment The Consultant shall provide professional and technical services during the scope of work. The following are some of the Consultant's tasks for this project: I . Develop a project team and prepare the project scope of work, activities, schedule, and work plan. Define key issues and goals and coordinate responsibilities of project team members. 2. Hold regular project team coordination and status meetings, and prepare agenda, meeting minutes and action items. Meetings should be held a minimum of once a month. 3. Prepare monthly progress reports addressing progress of work; project schedule; information/decisions required to maintain the project schedule and complete deliverables; problems encountered that may affect the schedule, budgets, and anticipated work items; and discuss recommendations to address issues. 4. Provide and maintain a Critical Path Method (CPM) schedule. The schedule shall list all tasks of all parties involved in the project with estimated start and completion dates. Updates should be provided to the City on a monthly basis and should include planned and actual dates. 5. Comply with all requirements of the UPRR and the CPUC for the design and construction of grade separated intersections. Deliverables• • One copy of the project CPM Gantt Chart schedule • One copy of monthly progress reports and schedules • Copies of meeting notes prepared by Consultant and distribution to all attendees Prez aration of Geometric- Autaroyal Drawings (GAD), 65%, 95%, 1 00%n -Draft and Final Plans; Spec !cations Estimates and Related Documents The Consultant shall be responsible for providing plans, specifications, estimates, and related documents in accordance with the requirements described below. The final plans, specifications, and estimates shall include all details necessary so the City can immediately proceed with advertisement of bids, award, and construction of the project. The final documents shall include all on-site environmental mitigation measures and shall clearly indicate project phasing, if required, and coordination necessary to allow construction to proceed in an orderly and safe manner. Design plans shall be prepared in AutoCAD and include the Digital Terrain Model (DT.ML ) used to create project contours. The design shall be in accordance with the requirements of the most current Burlington Northern Santa Fe Railway - Union Pacific Railroad Guidelines for Railroad Grade Separation Projects, AASHTO Highway Design Guidelines, and the Caltrans Highway Design Manual, Caltrans Bridge Design Manual, San Joaquin County Storm Management Manual, and the City of Lodi Design Standards. The Consultant shall identify all pertinent utilities within the project areas. Consultant shall perform "potholing" of utilities that may be in conflict with the proposed project improvements. Consultant shall coordinate all utility "potholing" work with the utility in question and contact USA prior to any excavation work. Consultant shall coordinate any utility relocation work with K:\WPIPROJECTS\STREETS1HerneyGradeSeparation\RFP\Hamey RFP -Revised 9-6-12.doc the affected utility while keeping City informed of all such activities. If Consultant is unable to obtain assistance from any utility in relocating work, they shall notify the City who will assist with resolving any relocation issues. Copies of all written correspondences and related materials shall be submitted to the City for their records, as the work progresses. The Consultant shall be responsible for identifying documents requiring review by other agencies, coordinating review and addressing comments. Geometric Approval Drawings (GAD) shall be submitted for approval prior to performing the 65% PS&E. All right-of-way, permitting, and environmental impacts shall be included in the GAD submittal for approval. The 65% PS&E shall be sufficiently developed so that an independent bridge design check can be completed. The Consultant shall have the 65% PS&E checked independently by an experienced civil or structural engineer registered in California and not involved with the original design. The independent checker will re -analyze the bridge, verify member capacities, review the special provisions, and prepare independent quantity calculations for the bridge. Issues raised by the checker will be discussed with and resolved by the Consultant. The final design will reflect agreement among the Consultant and the independent checker. Deliverables for each submittal: • Three sets of 24" x 34" Geometric Approval Drawings (GAD) for City review and comments • Three sets of 24" x 34" plans, including cross sections for City review and comments • Ten sets of 11"xIT' plans, including cross sections, for City review and comments • Electronic AutoCAD format of the plans for City review and comments • Three sets of 8.5" x I I" Special Provisions, including electronic copy in Microsoft Word format, for City review and comments (65% & 95% submittals only) • Two copies of the engineer's estimate for construction • Two copies Design notes and calculations • Two sets of Independent Design Check Calculations (only with 95% submittal) • One set of review comments made by the independent checker and response to these continents made by the Consultant (only with 95% submittal) • Copies of Utility Letter "A" and responses from the utility agencies • Utility Letter "B" and response from utilities (only with 65% submittal) • Utility Letter "C" and response from utilities (only with 95% submittal) • Map indicating pothole locations verifying locations and elevations of existing utility facilities that may have been or are in conflict with proposed road and bridge improvements (only with 65% submittal) • Two copies of draft permit applications for City review and comment (only with 95% submittal) Deliverables for Final Plans, Specifications, & Estimate: • One set of 24" x 34" wet -signed and stamped final plans on mylar, including all necessary details and cross sections K:%WP%FR01ECTS�STREETS1HameyGrade5eparationlRFKHarney RFP -Revised 9-6-12.doc • One set of 11"x17" final plans on mylar, including all necessary details and cross sections - • Electronic AutoCAD format of the final plans for City records • One set of wet -signed and stamped Special Provisions, including electronic copy in Microsoft Word format • One copy of wet -signed and stamped Engineer's Estimate, including electronic copy in Microsoft Excel format • Two wet -signed and stamped Structure Design Calculations for City records • Two sets of quantity calculations • One set of construction staking notes and data • Copies of pertinent agency approvals and permits Completion Time The Consultant shall complete all items in Phase I by December 1, 2013, unless otherwise modified by specific contract documents. K_1WPIPROJECTSLSTREETS1HameyGradeSeparationWPIHamey RFP -Revised 9.6-12.doc Phase ld — Bidding Assistance and Construction Support Bid Assistance and Construction Support Consultant shall provide clarification and information about the PS&E package during the advertising and construction process. The Consultant shall assist the City in the preparation of any addenda to the PS&E during the advertisement period. Consultant shall review the contractor's shop drawings and any other submittals required. Additionally, Consultant shall be responsible for resolving any errors in the design, which are identified during construction in a timely manner to ensure construction delays are avoided or minimized. The Consultant shall review and comment on contract change orders. The Consultant shall prepare plan revisions as necessitated by contract change orders. Deliverables: • Clarification of documents during advertising and construction, including preparation of any addenda • Provide review comments and acceptance letters/memos for each of the contractor's shop drawings and any other submittals required • Attend pre -construction meeting • Prepare plan revisions as required Construction Staking Notes and Record Drawing Preparation Consultant shall provide construction staking and notes for the proposed project. The Consultant shall also be responsible for the preparation of the Record Drawings from documents provided by the construction contractor and the City. Deliverables: • Provide construction staking and notes in a format approved by the City • Provide Record Drawings on mylar K.-XWP\PROJECTSMREMI HameyOradeSeparationaFP\Hamey RFP -Revised 9-6-12.doc PROPOSAL FORMAT Each response to this RFP shall include the information described in this section. Provide the information in the order specified and use tabs to identify the different sections of your proposal. Failure to include all of the elements specified may be cause for rejection. Additional information may be provided but should be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Proposals shall have a maximum of 30 pages, not including the cover letter, index and resumes, and shall contain the following elements, in the order given: Cover Letter with the following information: 1. Title of this Request for Proposal 2. Name and mailing address of firm (include physical location if mailing address is a P.O. Box) 3. Contact person, telephone number, fax number and e-mail address 4. A statement that the submitting firm will perform the services as described in the Scope of Work. 5. Acknowledgement that all proposals may be considered public information. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it. Therefore, proposers shall specify in their Cover Letter if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge. Note: Cost proposals shall be treated as proprietary and shall not be released as public information. Signatory Requirements - The Cover Letter must be signed by an officer empowered by the proposing firm to sign such material and thereby commit the proposing firm to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. Proposals which are submitted by an individual doing business under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm name and style. Table of Contents of material included in the proposal - This index must include a clear definition of the mate,,—gal and be identified by sequential page number,. 0 K:\WP\PROJECTMTREF-TS\HarneyGrade5eparaion\RFP\Harney RFP -Revised 4.6-12.doe A signed copy of official addenda to the RFP, if any, as published by the City and distributed via the City's website. WARNING: It is the proposer's responsibility to monitor the City's website for possible addenda to this RFP to inform him/herself of the most current specifications, terms, and conditions, and to submit his/her proposal in accordance with the original RFP requirements and all addenda. Failure to obtain -this information shall not relieve you of the requirements contained therein. Additionally, failure to return a signed addendum, when required, may be cause for rejection of your proposal. Organization Chart - Provide your firm's organization chart designating specific staff members to be assigned to this contract. Include the firm's organizational structure and size variation of employees in the past five years. Also provide a project -specific organizational chart identifying services which would be completed by your firm's staff and those provided by subconsultants. Experience of Firm and References - Provide a summary of the firm's experience with similar projects, including the date and a brief description of the project. The description is to include, at a minimum, an outline of the complexities of the project, the firm's approach to the project. Related experience to high-profile, fast-track, public -sensitive, local agency projects of similar size and magnitude should be included in this summary. Provide no more than three project references for related projects, including date of project, consultant staff that worked on the project, contact person and phone number. Preference is given to project references that have directly worked with proposed staff. Proposed Staff -Provide a brief summary of the qualifications/experience of each team member and how the experience applies to this project, preferably not more than one page per team member, to include length of service with the firm and resume. Qualification/Experience of the subconsultant(s) is also to be included in addition to proposed staff. Describe current and anticipated workload of each team member who will be assigned to this project. Include a discussion of project commitments made to other agencies and a table showing the percentage of time key staffmembers act, available during the course of this project. Include a statement assuring the availability of the proposed staff and the other project commitments noted in this section. Provide names of project manager and individuals authorized to negotiate contract on behalf of consulting firm. Project Understanding - Clearly describe your firm's understanding of the nature of work, including key project issues, engineering constraints, milestones, and required approvals relating to the project. Proposed Scope of Work - Describe the proposed scope of work and your firm's approach to completing the work. 10 K:1W MPR01ECfS4STREETViarneyGradeSepar dw\RCPIHarney RFP -Revised 9-6-12.doc Proposed Project Schedule - Provide a proposed schedule for completion of the project, including major contract milestones. Additionally, the project schedule should include review periods for the City, UPRR, the CPUC and other agency review of the respective submittals. Preference will be given to firms that can demonstrate the knowledge, resources, and ability to expedite the schedule. Required Statements - Include statements of assurance for the following requirements: • Non -substitution for the designated members of the proposed staff members and subconsultants (if any) without prior approval by the City • Conflict of Interest • Ability to fulfill the indemnification and insurance requirements contained in the sample contract (Attachment 1). Please note that actual Certificates of Insurance are not required as part of your submittal. • A contract goal of 8.79% has been determined for this project. The required Federal forms are listed below. These forms shall be filled out and submitted with the proposal. Copies and instructions are provided in Attachment 2. o Exhibit 10-F Certification of Consultant, Commissions & Fees o Exhibit 10-H Sample Cost Proposal o Exhibit 10-I Notice to Proposers DBE Information o Exhibit 10-1 Standard Agreement for Subcontractor/DBE participation o Exhibit 10-K Certification of Financial Management System and Contract Costs o Exhibit 10-L Consultant Certification of Final Indirect Costs o Exhibit 10-01 Local Agency Consultant DBE Commitment (Consultant Contracts) o Exhibit 10-02 Local Agency Consultant DBE Information o Exhibit I O -P Nonlobbying Certification for Federal -Aid Contracts o Exhibit I0 -Q Disclosure of Lobbying Activities o Exhibit 12-E Attachment E Debarment and Suspension Certification o Exhibit 12-G Bidder's List of Subcontractors (DBE and Non -DBE) - Part I and Part II o Exhibit 15-H UDBE Information - Good Faith Efforts • The following Federal forms are required upon execution of agreement with Consultant. Copies and instructions are provided in Attachment 3. o Exhibit 10-E Sample Payment Clauses o Exhibit 10-V Non -Discrimination Clause o Exhibit 17-F Final Report - Utilization of DBEs o Exhibit 17-0 DBE Certification Status Change Cost Proposal- Submit one (1) copy of proposed hourly rate(s), with not -to -exceed totals for each of the tasks identified in the Scope of Work. The Cost Proposal shall be submitted in a separate sealed envelope, clearly marked with the name of your firm, the name of the project, and identified as "Cost Proposal". The Cost Proposal does not apply to the page count. Cost proposals shall be treated as proprietary and shall not be released as public information. Cost proposals of those firms not awarded the RFP shall be destroyed. 11 K:IWPIPROJECPSISTREETSNliamayGradeSepawiioniRMHamey RFP -Revised 9-6.12,doo PROPOSAL SUBMITTAL INSTRUCTIONS One (1) original and three (3) copies of your Proposal and one (1) copy of your Cost Proposal in a separate sealed envelope, shall be received by the City of Lodi Public Works Department not later than the date and time indicated on the cover }gage of this RrP. Faxed and/or emailed proposals shall not be accepted. All proposals shall be submitted in a sealed envelope or container, and clearly marked with the RFP title. Proposals must be submitted ONLY to: City of Lodi Public Works Department Attn: Wally Sandelin, Public Works Director P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241-1910 (95240) Late proposals will not be accepted or considered. The City of Lodi shall not be responsible for proposals delivered to a person or location other than that specified in this RFP. All proposals, whether selected or rejected, shall become the property of the City of Lodi and will not be returned. All costs associated with proposal preparation shall be borne by the proposer. All proposals shall remain firm for one hundred eighty (180) days following the closing date for the receipt of proposals. 12 K.%WP1PROJECTSLSTREETSSHarneyDadeSepugionlRFP\Harney RFP -Revised 9-6-12,doe EVALUATION CRITERIA The following eva€uation criteria and rating schedule will be used to determine the most highly qualified firm for this project: Evaluation Criteria Maxim um Points Understandin . of the work to be done 25 l X erience with similar kinds of work 20 uAl of staff work to be done15 Caebility of devetopi2g innovative or advanced toxhni ues _ 10 Familiarity with state and federal ro:edures 10 Financial responsibility 10 Demonstrated Technical Abili!X 10 Total Possible Points 100 SELECTION PROCEDURE Proposals will be reviewed for responsiveness, and responsive proposals will be screened by a selection committee in accordance with the above criteria. The top two firm(s) submitting the highest rated proposal(s) may be invited for interviews. The proposed project manager and project engineer shall represent the firm at the interview. The City reserves the right to make an award without further discussion of the submittal with the offeror. Therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose. The City reserves the right to award a contract to the firm that presents the best qualifications and whose proposal best accomplishes the desired results. The City reserves the right to reject any or all proposals, or to waive minor defects and/or irregularities in said proposals, or to negotiate minor deviations with the successful firm(s). The City shall be the sole judge of the materiality of any such defect or irregularity. GENERAL TERMS AND CONDITIONS Exceptions: If the Proposer takes exceptions to the specifications, terms and conditions of this RFP or the Draft Contract, or as amended by any addenda subsequently issued, they must do so in writing. Said exceptions must be submitted with the Proposer's response to this RFP. Failure to do so shall signify acceptance of all specifications, terms and conditions and General Provisions of this RFP and the resulting contract. Standard Contract: Upon completion of the evaluation and recommendation for award, the selected firm will be required to execute a consultant services agreement, a sample of which is included as Attachment 1. Proposers are advised to carefully review the attached contract. Any proposed exceptions, alterations, or amendments shall be clearly specified in a separate letter in your submittal, the nature of which may affect the evaluation of your submittal and the perceived ability to successfully award a contract to your firm/individual. 13 K:\WP PROJECTS\STREETS1HameyrnedeScryaradon\RFP\Hamey RFP-Reviacd 9-6-12.doc Independent Contractor: At all times the Consultant shall represent himself/herself to be an independent contractor offering such services to the general public and shall not represent himself/herself, or his/her employees, to be an employee of the City of Lodi. Ownership of Information: All reports, documentation, and material developed or acquired by the Consultant as a direct requirement specified herein shall become the property of the City of Lodi. The Consultant agrees and understands that all discussions with the Consultant and all information gained by the Consultant as a result of the Consultant's performance under the contract, shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the City. Non -Appropriation: The City may terminate any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended. Conflict of Interest: The Consultant shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Non -Collusion: Firms submitting proposals shall warrant that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary consultant and the associated subconsultants. Indemnification and Insurance Requirements: The indemnification and insurance requirements are provided in Attachment 1. INQUIRIES All general inquiries regarding the RFP process or proposal submission must be directed to: Wally Sandelin, Public Works Director City of Lodi Public Works Department P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241-1910 (95240) Email: wsandelin@lodi.gov / Phone: 209-333-6709 Email is the preferred method of receiving inquiries. ATTACHMENTS 1. Sample Contract with Indemnification and Insurance Requirements 2. Required Federal Form Submittals 3. Federal Forms Required upon Execution of Agreements 4. Overall Project Cost Estimate 14 K:1WPIPROIECTS\STREEfSIHameyGradeSeparabon\RFMamey [LFP -Revised 9.6-12.doc , Attachment I Sample Contract with Indemnification and Insurance Requirements 15 K IWPTROJEC SWREETS*WUYGredeSePamtion%RFMafwy M -Revised 9-& 12-doc AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 12012, by and between the CITY OF LODI, a municipal corporation (hereinafter 'CITY'), and (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for PROJECT MANAGEMENT, DESIGN AND ENGINEERING FOR HARNEY LANEIUNION PACIFIC RAILROAD GRADE SEPARATION PROJECT (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.6 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter Into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on , 2012 and terminates upon the completion of the Scope of Services or on 2013, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. ONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 91 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4:3 Indemnification and Responsibility for Damage . CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. 4 Section 4.7 _ Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same Is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Wally Sandelin, Public Works Director To CONTRACTOR: Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the dunes to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.14 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated Within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction Severabillity, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict F with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County I Superior Court. Section 4.14 City Business License Reauinement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01,020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. 6 Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terns Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terns of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundina Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: RANDI JOHL KONRADT BARTLAM, City'Manager City Clerk APPROVED AS TO FORM: CONTRACTOR: D. STEPHEN SCHWABAIIER, City Attorney JANICE D. MAGDICH, Deputy City Attorney By: Attachments' Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Funding Source: - (Business Unit & Account No.) Doc ID: CA;rev.01,2012 8 By;,.-.- - Name: Title: EXHIBIT A g a e§ r f� Wank a Consultant ghall'huve"ahltilyto defnrera-wads Fang�aFaenricas Including, Es�it not lfir Md tw tiridgd . enginaedng, rlvll en•'giitsarliig, PNrect nianagentard. ernRror�ntarstsl stvdlas, a*ypnrhm- ddi docoMeAlStIOn; geotechnlGet dinghieeifng, �Ioveiopmarit of Pa&E, parmltling. aril oonstteEction suppa[t In addltlait, t►e Coiioultxnt shall pradicte avrveyln -bass rnappirlg; :arid prelltnlnary design and atternativa an$.tgsls.:and aalacflon far ttia proposed grade as' iton. The Consuupt will seue as the central 000rdlnatar for all act[v[ties 6eiweelt the consulting team. C1ty S6kk the.CPUC, the. LIMP..a� regulatory agandes. EXHIBIT C nsuranca• a ut a for gantmctar The GoriiraetoFshall take out and maintain during the Nfe of this contract, Insurance coverage: Si Ilstdd below. "iltissa IrtspranCa policles ehall,pMeet the Cantraetaf' and any subcontractor perfamilhg work covered by titin contract.from cta'riris for damages!dr Janet 1n�uryr.fnc[uaing accidental death, as W6111 a rare rdaldfs far progierty,derttiugas, whtc#t may adge ffwm ConVai7goes *rahvns tlr�dgrthis contract, whether ttudh.,oparstlons be by- Contiktor or•1sy any stikeord.rs a 4V. �rtygpq. dfrectly or Indirectly employed by either of tffeiit, aril tha amount;of• such lr3s4rart4s artail ba as. Tali*rtla: 1, COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury -Ea. Occurrence $1,000,000 Aggregate $1,000,000 Property Damage - Ea. Occurrence 3. PROFESSIONAL LIABILITY $1,000,000 Ea, Occurrence NOTE: Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage urhich is at least consistent with the claims period or statutes of limitations found In the California Tort Claims Act (California Government Code Section 810 at seq.). NOTE: (1) The street address of the CITY OF L001 must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of the gMiecLthat it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City. (a) Addlti al Named fns • Such lnsuranc4_as.is afforded by, this policy shall also apply Do the City of Lodi, Us elected and appointed Boards, Commissiona, Officers, Rgents, Etnp[oyees, and Volunteers as additional named Insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insuranos EndoZsn_t ema Such ir1surencer as is afforded by the endorsement for the Additional Insureds shag apply as primary insurance. Any other Insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severabllhv of I -rest C e The term "insured" Is used severally and not coileotively, but the Inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Ft ins ! o e t3 ament This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Disk ,Manager, City of Lodi, 221 W. Pine St„ Lodi, CA 95240. nrirnensa�efn Ince fCs a. lKao�or Shall folie .out (tnd Ma€ntal{t during tfCe tila of'.thri i�itiaGt, Workar's tvoiiipsnsalfon lasurarsea far' all -t mtriraetor+a env.... s errrplay�dJik tit'g site of tbs I •aRy work is stiblat; Cvitiractor sfkpli regcrita the'$iaNlppJraror glmilarly to;pltsvi'rifS►vr�s Eompensalf4ifi for all of the taffeta errtplvyees• unfeat:...eur f .aiitptpye" aIt Ovata� by �i�,•protei�3tirt afforded by the.-.�ttt7 x In ease arty class. of empiayeas en.i rdoua gaged inwork uridee •• S haitRrac€;et'tits site 4.f the :0roJecf-ls nv; fieri ut?SI F tCta Oivae eikA WYorkaea O*Pattsaltari Sta[iifff, ttis Conttt t F attar :prer(Ida slid Ghali. •s acKtir�koi" t@ Pr." +a Inauree?caTor the prot®cticit of sold emp[o�ees. T.iila i>cy !t!aFl fie?ded'4ar'Ihe antrerage rediscadby Ct�s +m#gnY:withoiit A Gays `priot^witlterr rtatica o€ sudi cancellsEtoit.or reiiult 6ag"e to lrie Etlaft Manager, ty of Lgtli, 1 W. Plne.St„ Lodi, CA 0g24� iA:W. Alver of Suprogation against the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. Attachment Z Required Federal Forms Submittals !6 K,kWp\'ROlECCSdSTREMHe=y0tadeSeparoon% rmy UP -Revised 9-&12.doe Local Assistance Procedures Manual EXHIBIT 10-F Certification of conwitant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the representative of the firm of expressly stated, neither I nor the above firm that I represent have: and duly authorized whose address is , and that, except as hereby (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: 1) Local Agency Project File( Original & COirtract) 2) DLAE (with contract copy) (Signature) - Page l OB 12-03 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal EXMBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #1) Contract No, Consultant DIRECT LABOR Classification Name Project Manager Highway Engineer Bridge Engineer Technician Project Manager Fringe Benefits Indirect Costs Overhead General and Administrative FEE (Profit) OTHER COSTS Travel Costs Equipment and Supplies (Itemize) Other Direct Costs (Itemize) Initial Hourly Range Hours Rate Subtotal Direct Labor Costs Anticipated Salary Increases Total Direct Labor Costs Rate Total Fringe Benefits Total Indirect Costs Total Other Costs Subcontractor Costs (attach detailed cost estimate for each subcontractor) TOTAL COST Date Total M $ Total Page 1 08 12-03 June 20, 2012 $ $ Page 1 08 12-03 June 20, 2012 x d O M O � CSA Q N O A �YY CA .:7 ►O�r W U of C V � a0 0 U � b o a - � U a y�o � � O w c O � O s� W t� i� c � w aaa c Q o � U y t" �1w cv N z � p � N A e 4y d 94 M O � Q N O �YY .:7 of C U b � � O w s� c � aaa c o � U y �1w ° N p � N A e 4y EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Information EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Agreement of 1,71 Y. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "Agreement' also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal fiords (See 49 CFR -2 "Par#cipation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance payProflei. at The Contractor should ensure that DBEs and other small businesses have ebe opportunity to participate in the performance of the work that is the subject of this solicitation mud should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. Page 1 June 29, 2012 OB 12-04 EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE I11fa-iraatW13 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, m "Local Ageftcy Proposer DBE Cisrnmitmerit (Consultadt.Contract)" (Exhibit l&01) form shall be included in the Request for Proposal. In order for a proposer to b'e considered responsible and responsive,. tho: praposef muse make goon faith cffbrts to meet the goal cstab.lished for the: contract. If the goal is not met, the proposer must document adequate goad faith efforts• Ail A13E participation will be counted towards the contract goal,. and all DBI- participation shall be collectcd and reported. A "Local Agency Proposer DBE; Information (Consultant Contract)" (Exhibit 10-02) form shall be included with the'Request for Proposal. The pu1'pose of the form is to collect data required under 49 CFR 26. This form collects all DBE•participation . Even if no DISE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subcontractors, supplier or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for.specifie 0,00 apt: fEems of'work.or tlearly dofmsd portions thereof. Responsibility means actually .performiiig, •managing, sndsupervising the work with"its own forces. The DBE joint venture partner must.Aliare lin tht: capital contribution,_ canttal'I mariagcmerit, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.5 5, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must cant' out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. Page 2 OB 11-04 June 29, 2012 EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Informatioll 5. RESOURCES A. The CUCF database includes the eertificd DBEs from all certifying agencies participating in the CUCP, ll' you believe a form is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http://Www.dot.ca.gov/hgfbep/. • Click on the link in the left menu titled Disadvantaged Business Enterprise • Click on Search for a DBE Finn link • Click on Access to the DBE Ouery Farm located on the first line in the center of the page • Searches can be performed by one or more criteria • Follow instructions on the screen C. How to Obtain a List of Certified DBEs without Internet Access: DBE Directory - If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0522, 1900 Royal maks IDnve, Sacrwnento,.CA 93815-3800, 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLiOWING CONDTTIONS: taiited fiarrr a 17BE manufacturer; count 14i0 percent of the cost of the A. ff the materials or supplies are oli mator-ials or supplies. A: DBE manufacturer is a firma that operates or Mikititains a factory, or establishment that produces oil -the premises the materials, supplies,,articles, or equipment required under Else Agreerisent and of tlie� general character desatlbecl by thesped R. If ttie materials or supplies purchased from a DBE m&lar dealer, count 60 percent of the-ccst af'ttie materials or supplies: A DBE regular dealer is a firm that owns, apei'ates or maintains a store, warehouse, or other estalslisliat6t in which the usterials, supoiies, articles or equipment ofthe-general chamctw described i y: the specifications and required under the. -Agreement we bougllt,- kept in stock, and.regularly sold ar leased to the pu%icAn the usual -course of buslii6s. To be-a:DBE regular dealer, the firm must be an established, regular business that engages, as its prineipal ixusiitess and_under its own name, in the purchase and sale or lease of the products in question. A.persFm may be:aDBE regular dealer in such bulk items as petroleum products, steel, cernent,.gmvol, stotte or asphalt without owning, operating or maintaining a place of business provided in this section. Page 3 June 29, 2012 OB 12-04 EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Information C. If the person both owns and. gpprates.distribution equipment for the prod=B, any supplementing of regular dealers' awn distribeitiort.equiprnent shall be, by a lona terra lease agreement and not an ad hoc or Agreement by-A.greemea basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as cornpaacd with fees charged for similar services. 7. FOR DBE TRUCHINNG COLMTANIES: CREDIT FOR DBES WILL COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal. B. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner -operator who is certified as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E, The DBE may also lease trucks from a non -DBE firm, including an owner -operator. A DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. A DBE does not receive crodit for the total value ofthe transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 4 OB 12-04 June 24, 2012 EXHIBIT I" Local Assistance Procedures Manual Certification of Local Agency EXHIBIT 10-G CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Public Works D:--- _ of the Citv of Lodi , and that the consulting firm of Mark Thomas & Com an Inc. ,or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: l) Local Agency ProjeetFile (Original & Contract) 2) DLAE (with contract may) (Signature) Page 1 June 20, 2012 OB 12.03 Local Assistance ID v e durea Manual EXHIBIT 10-F Csrtliieation of consultant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSDLTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the ice President/Principal , and duly authorized representative of the firm of Mark Thomas & Company, Inc. whose address is 7300 Folsom Boulevard, Suite 203 Svcromento CA 95826 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokeragc, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement, nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation ofFederal-aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. a --05--t Z 03ate) Distribution: 1) Loral Agency Project File (Urieinal k CO"IrW) 2) DLAE (with mn beet 00") 1 Page 1 OB 1243 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-V Non -Discrimination Clause EXHIBIT 10-V NON-DISCRIMINATION CLAUSE (To be included in Consultant Agreement/Contract) NDN-DISCRI ENATION CLAUSE During the performance of this Agement, Contractor and its subcontractors shall not unlawfutly discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Page I OB 12-03 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 12-E P5&E Checklist Instructions Attachment E ATTACHMENT E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and 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 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 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Page 12-:9 OB 12-04 June 29, 2012 Certification Form 10-P Local Agency: qty of loth Project Description: Professional Engineering5ervices Proposal Date: September 28, 2012 Pmnosees Name: APEX Civil Engineering The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment; or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forrn- LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.5. 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. As the prospective participant we also agree by submitting this that we 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. Patricia Preston, Principal Englnee r w Name, Title Signature, Date PUBLIC WORKS ♦ COMMERCIAL * FORENSICS ♦ TRANSPORTATION Po BOX 1194 ORANGEVAU, CA 95662, E-MAIL: PATFtlCIA.PRESM@APEXCMLCDM T: 916.717.2812„ E: 916.988.6770 Local Assistance Procedures Mannal EXHIBIT 10-P K0D1Dbtz!2 Certification for Federal -aid Contracts EX mrr 10-P NONLOBBYING C1tRTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person forinfluencing:orttternpting too influence an officer or employee of any federal agency, a Member ofCongross; tut officea' or -employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Cott set the snaking of any federal gram the nicking ofany federal Ioan, the entering into of any cooperative agreement, and the extensiou:'Coutirstiatioa, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropiiatesTfuftds'havc bcert. paid or will.be paid to any person for influencing or attempting to influence aii.officte dr iiinployeb,bf 04Y fed&nl agency; s Member of Congress, an officer or employee of Congress, or on employee of a:Metnber of Coop= in connection with this federal contract, grant, loan, or cooperative -agreement, the undersigned sbidl e6wplete and submit Standard Form -LLL, "Disclosure of Lobbying Activities;" in accordance -wfth its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospecfive_psrt eipant also' lore s by submitting his/her proposaUbid that he/she shall require that the language of i.his eerdtlicatiialr'be iiseluddd in all lower -tier subcontracts which exceed $100,000 and that all such sub-recipierrls shall eer jtand 414* accordingly. Page 1 OB 12-03 June 20, 2012 EXHIBIT 17-F Local Assistance Procedures Manual Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors FINAL REPORT — UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS CEM 2402(F) (Rev. 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal -aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights web site at: b.9p://www.dot.c&eoy/hq/bo or by calling (916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Pr tam Status Column to be used If program status shows DBE only with no other Irrogmm listed DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM -2402(F). Any changes to DBE certification must also be submitted on Form -CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 July 1, 2012 LPP 09-02 L r W U) w CLW Z W U) N W Z U) .7 m W Q oZ aj Z �0 OZ Z w� O =a v G F � <7? 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H y g LU 0 � LU r w Z_ LL( 0 oc Z a 3g S W a N e [[L� � FO- LUO oxL w a ° w o� a a Local Assistance Procedures Manual E:bibit 15-H DBE Information - Good faith Effort NOT APPLICABLE - MTCo has met contract DBE goal requirements F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of . enc I 'an Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. Page 15-3 Jew 29, 2012 OB 12-04 Exhibit 15-H Local Assistance Procedures Manuel 1113E information -Good Faith Effort NOT APPLICABLE - MTCo has met contract DBE goal requirements C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE pmtcipation- It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE motion was made available to DBE funis. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) y _ Contract D. The names,-addMSWS and phone mmnbefs of rejected DBE firms, the reasons for the bidder's tejeadon of the DBEs, the firms w1ectt:d far that work (please attach copies of quotes from the firms iavol ted), and the:price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the biddees rejection o€the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or hu mance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 15-2 OB 12-04 June 29, 2012 Exhibit 15-H Local Asslstanee Procedures bUsual DBE Information - Good Faith Effort EXHIBIT 1,H DBE INFORMATION —GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS NOT APPUCABLE - MTCo has met contract DBE goal requirements Federal -aid Project No. Bid Opening Dais The Ci established a Disadvantaged Business Enterprise (DBE) goal of —% for this project. The information provided herein snows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following. information to document adeiquate good faith efforts. Bidders should submiit the fallowing information even if the "Local Agency Bidder DBE Commitment" feria indicates that the bidder has met the DBE goal. This will protect the bi 's eligibility for award of the contract if the administering agency detarrnines thatthe bidder failed to meet the goal for various reams; e.g., a DBE fm was not certified at bid ming, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment?' form may not proxade sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitmene' of the Special Provisions: cipation R)r this A. The planes and thhebs (pleasepublication attach copies of advertisements DBE pp of publication): was placed y Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following 11P initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Par M1 June 29, 2012 OB 12-04 Local Assistance Procedures Manual EXHIBIT 10-02 Local A ency Consultant DBE Information EXHIBIT 10-02: LOCAL AGENCY CONSULTANT DBE INFORMATION (Inclusive of all DBEs listed at bid proposal) NOTE: Please refer to instructions on the reverse side of this form. - " ' � - �'('nritsili9rif�fo ��1m[lltZ=tv�ll�S�dil. � . •".' . - .. .- 1. Local Agency Name: City of Lodi Der�arirn nt of Publi 2. Project Location: Lodi, California 3. Project DescriptionPra ect Mona emenf Design arid Eagineering# 4. Total Contract Award Amount S N/A S. Caisultant Name: Mork Thomas &Com 3any, Inc- °o 6. Contract DBE Goal %: r 7. Total Dollar Amount for At Subcontractors: $ 195,309 S. Total Number of all Subcontractors: 4 5 9. Deacriotion of Scrviees to be Provided Sfructu res Local Aeetdci .0. local Agency Contract Number: 21. Federal -aid Project Number: 22. Caaract Execution Date: . DBE Information Sect[on - - ' ` -- Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: 23. locW-Agency Representative Name (Print) 24. Local Agency Representative Signature 25. Dace 26. Local Agency RepieserNatWe Tide 27. {Area E6dW.Na- Caltrans District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: 2E. DLAE Name (Print) - 29: DLAE Signature 30• Date L_DBECett ILDBEDollar er 37196 213- 44 38747 S55,487 -47A-RA 1 112.036 Robert A. Himes 16. Prgmrer's Name (Primo) Vice.Pr5sidWYPrinci 17. Prrepare's-Tide 10/08/2012 (916)381-9100 IL Data -H. (Ara Code) %. No. Distribution_ (I ) Copy - Email a copy to the Caltrans Diatrsct Local Assistance Engineer (DLAE) +within 30 days ofeontraca award. Faihm to send a copy to the DLAE within 30 days of contract award may result in delay ofpaynlent. (2) Copy - include in award package sent to Caltrans DLAE (3) Original - L4cal agency OkS Page t OB 12-04 June 29, 2012 Local Assistance Procedures Manual E1H[BIT 10-01 Local Ageng Consultant DBE Commitment ExHiBrr 10-01: LOCAL AGENCY CONSULTANT DBE COMMITMENT (inclusive of all DBEs at time of proposal) NOTE: Please refer to. instructions on the Mvene side of titis fbm. = ry {:-onsultarit vtCnmplct�e Soff a 1. Local AgerteyName: City of Lodi Department of Public Works 2 PmjeaLocation: Lodi, California 3. Project Description: Prosect Management, Cess n and Enaineetijiq far the Harney Lane U 4. Consultant Name: Mark ThomOs & Com an , Inc. S. Contract DBE Goal %: a. -I T10 DB1L Commitmenthilormativn S. DBE Cat 6, Description of Services to be Provided -7.D13E Firm tad i ra WIM Nuntba 7 I„ i4 Ri zot a Cnrnmunirrrtions 1 37196 1 3.01% 47 - 1 -79161_71 --I Pennine Design Group 37638 1 .�kO:.Taa1 LL . . � i�oca'��AgeiicY to Corn •seta thfs:Seciina � - - ti+.�� ',;_='-•'• • :;: , 16. Local Agency Contract Number 17. Federal -aid Project Number: 18. Proposed Contract Execution Date: Local Agency cordfies that all DBE certifications arc valid and the information on this form is complete and accurate: 19. MR— Agency Representative Name (Print) 20. Local Agency Representative Signature 21. Date 22. Local Agency Representative Titic 23. (Area Code) Tel. No. Distribution:(1) original —Subrnitwith Award Pardtage Robert A. Himes 12. Preparer's Name t7t*S Vice President/Principal 13. Ptcparer's 7die 10/08/2012 _ (916) 381-9100 14. Date 15. (Area Code) Tel. No. (2) Copy -Local Ageacy files Page I OB 12-04 Jane 29, 2012 Local Assistance Procedures Manual EXHIBIT 10-J Standard Agreement For Subcontractor/DBE Participation C. The Agency shall hold retainage from the prune consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision, shall subject the violating prune consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subconsultant performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime consultant and subconsultants. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 5. DBE Records A. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. 6. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. Page 3 OB 12-04 June 29, 2012 EXHIBIT 10-J Local Assistance Procedures Manual Standard Agreement For Subcontractor/DBE Participation 3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DHE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBI- does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agrcement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 4. Prompt Payment of Funds Withheld to Subcontractors (Local agency to use either A,B, or C below; delete the other two) A. No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. 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. B. 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 CF'R26.29) 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 7148.5 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 2 OB 17-04 June 29, 2012 Local Assistance Procedures Manual EXHIBIT 10-J Standard A-grecsnrnt For Subcontractor/DBE Participation EXHIBIT 10-J STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION 1. Subcontractors. A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Tiie Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. D. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. 2.. Disadvantaged Business Enterprise (DBE) Participation A. This Agreement is subject to 49 GFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the contract has a DBE goal, the Consultant must meet the DBE goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him,'her with another DBE subconsuliar:, 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 agreements financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, fart 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the local agency deems appropriate. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. Page -1- OB OB 12-04 June 29, 2012 Local Assistance Procedures Manual EXHBTT 10-I Notice to Proposers DBE Informative C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning orthis section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will, be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonabie and not excessive, as compared with fees charged for similar services. 7. FOR DBE TRUCKING COWANiIES: CREDIT FOR DBES WILL COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal. B. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner -operator who is certified as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. A DBE Who 'teases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. A DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive ethers aurin control over the truck. This does not preclude the leased truck from working g the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. - Page 4 OB 12-04 June 29, 2012 Local Assistance Procedures Manual 5. RESOURCES EXHBIT 10-1 Notice to Proposers DBE Information A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Disadvantaged Business Enterprise • Click on Search for a DBE Firm link • Click on Access to the DBE Query Form located on the first line in the center of the page • Searches can be performed by one or more criteria • Follow instructions on the screen C. How to Obtain a List of Certified DBEs without Internet Access: DBE Directory - If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822, 1900 Royal Oaks Drive, Sacramento, CA 95815-3800. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL TINDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse; or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. Page 3 OB 12-04 June 29, 2012 EXHBIT 10-I Local Assistance Procedures Manual Notice to Proposers DBE Information 3. SUBMISSION OF DBE LNFORMATION If there is a DBE goal on the contract, a "Local Agency Proposer DBE Commitment (Consultant Contract)" (Exhibit 10-01) form shall be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal, and all DBE participation sha[l be collected and reported. A "Local Agency Proposer DBE Information (Consultant Contract)" (Exhibit 10-02) form shall be included with the Request for Proposal. The purpose of the form is to collect data required under 49 CFR 26. This form collects all DBE participation. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). . B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint ventum partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its oven farces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest, E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. Page 2 OB 12-04 June 29, 2012 Local Assistance Procedures Manual EXHBIT 10-I Notice to Pr9Posers DBE lnforma#ion EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Agreement of 8.79% 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "Agreement" also means "Contract" • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. Page 1 OB 12-04 June 29, 2012 Local Assistance Procedures Manna] EsW'bit 15--H DBE Information - Good Fatth Effort NOT APPLICABLE - MTCo has met contract DBE goal requirements F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materiads or related assistance or services, exchxlmg supplies and equipment the DBE subconftacta purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Intemet page download, etc.): Name of Agency/D 'on MethodfDate of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if may): NOTE: USE ADDTITONAL SHEETS OF PAPER IF NECESSARY, Psge lr3 OB 1244 dace 24, 2112 Exhibit 15-H Isocal Ant ance Procedurm Munni DBE hforuation -Good Faith Effort NOT APPLICABLE - MTCo has met contract DBE goal requirements C. The items of work which the bidder made available to DBE firms including, where appropri ate, any breaking down of the contract work items ('including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Performs Item Breakdown of Amount Iters cs) . a :1, . _- ffm Contract D. The natrres, addresses and phone members of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical. assistance or information related to the plans, specifications and dents for the work which was provided to DBEs: PRV M2 Jve 29, 2012 OB 124W Local Assistance Procedures Maauol Exhibit 15-H DBE Informatioe - Good Faith Effort EXHIBIT 15-H DBE INFORMATION --GOOD FAITH EFFORTS Federal -aid Project No. DBE INFORMATION - GOOD FAITH EFFORTS NOT APPLICABLE - MTCo has met contract DBE goal requirements Bid opening Date established a Disadvantaged Business Enterprise (DBE) goal of rw % for this pr4jCCL The infan enation provided herein: shoves that a good faith effort was made. Lcrwest, second lowest and third lowest bidders shall submit the following iDformatiun to document adequate good faith efforts. Bidders should submit the following information even ifthe "Local Agency'Bidder DBE Comnaitmene' ferns indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet dw So4fiir various ressons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitmene, form may not pro4de sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" ofthe Special Provisions: A. The Hautes and dates of each publication in which a request for,DBE participalion for this project was placed by the bidder (please attach copies of advertisements or proofs of publication}: Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for fallowing up initial solicitations to determine with certainty whether the DBEs were interests (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Page 15.1 OB 1?r04 Jane 29, 2012 Local Assistance Procedures Manual EXHIBIT 10-Q Disclosure of Lobbying Activities ExxIBI T 10-Q DISCLOSURE OF LOBBYING ACTIVITIES mcrT.A. RE OF LOBBYING ACTngTMS 1. Type of Federal Action: ® a. conuact b. grant c. cooperative agreement d. loan C. loan guamtee £ loan insurance 2. States of Federal Action: a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity ❑ Prime E1 Subawardee Tier , if known Congressional District, if known 6. Federal pa ``Dertment/Agency: UNV—' Q0 V,4A & Federal Action Number, if known: 10. a. Name sad Address of Lobby Entity (If individual, last name, fust name, MI) alb. TO 3I U.S.C. 1-352 3. Report Type: ® a. initial b_ material change For Material Change Only: year quarter date of last report 5. If Reporting Entity In No. 4 is Subawarde% Enter Name and Address of Prime: M>+11�e'Tit kAAS I e0MrA4Y, IMC, 1300 MLsq-om eLVV.,5u rM zap SACF.-&,{v1e-?JTV, CA `1552,0 Congressional District, iflinown 7.FeV yj gD� �scripiion: C-PDrA.Pi�um�{bar, €i'applicable 9. Award Amount, if known: b. Individuals Performing Smices (including address if diffcrrnt from No. 1.0a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) `r 1I. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ (� ❑ actual ❑ planned a retainer b. one-time fee 12. Form of Payment (check all that apply): o. commission ea. cash d. contingent fee b. in-ldnd; specify: natum - _ --_ a deferred Value _.-:-- . _. f. other, $Pee* 14. Brief Description of Services Performed or to be performed and Daae(,) of Service, including officer(s), employee(s), or member(s) contacted, for Psyment Indicated in Item 11: 140 50FAAG05 r-r�QFOWQnuadon Sheets) if necessary) 15. Continuation Sheet(s) attached: yea ❑ No .1A L6. ftf4on=ion requested thmilgh this form is authorized by Title 31 U.S.C:. Section 1352. Thk disclosure of lobbying M1hinrc Signature: V �- was placed by the tier Wove wheat tiix transaction was inade or ` rr entered in". This dis:tosurz ie acquired po=arra t to 31 U.S-C. PrintName:� �t A. �>N f .a 1352. This information will he rcportcd to Congress stmianntutlly and will 6eavadable 66irpubl1C.j2sMtion• Any Title: person who fails to me: tht inquired dis-016W'erShalI be subjeset la a civil p -malty of sof lass than i10,044•and no[ MO it than Telephone No.: %2i- 42dd Die: �i • • s Loo,ox for each such failure. Authorized for Local Reproduction Federal Use Only: Distribution: Ori&. Local Agency Project Files Standard Form - LLL Page 1 0612-03 June 20, 2012 Local Assistance Procedures Manual EXMrr 12-P PS&E Checklist Instructions Attachment E ATTACHMENT E DEBARMENT AND SUSPENSION CBRTngCATiON TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not eun:ently 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 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 3 years. Uthere are any exceptions to this certification, insert the exceptions in the following space. N/A Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Nobel: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Sighing this Proposal on the signature portion thereof shall also constitute signature of this Certification- ..' V,.wzm .: Fehr & Peers Page 12-29 OB 12-04 June 29, 2012 Local Assistance Procedures Manual EXHIBIT 10-Q Disclosure of L obtrying Activitles Exmm 10-Q DIscLOSURE OF Lolmym ACrivirm NoneDISCLOSURE OF LOBBYING ACTIVITIES CCMPLf'M MS FOi{v' TO DISCLOSE LOBBYrNG ACTiVi' 18S PUMAR1T T 7 31 LF.S.G 1352 Type of Federal Action: 2. Stems of Federal Action: 3, Report Type: ❑ e, ❑ a. bid/ofler/application ❑ a. initial b, b. initial award b, material change c.. ive agre ment c. post -award d. loan For Material Change Only: e, loan Yost quarter £ loan iiiSilf pGt date of last report 4. Name and Add !Reporting Entity 5. If Reporting Entity In No. 4 Is Subavrardee, Enter Name and Address of Prime: ❑ Prime if known Congressional District, if known Congressional District, ifknown 6. Federal Deportment/Agency: 7. Federal Program Name/Description-, CFDA Number, if applicable - _ S. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity individuals Performing Services (including (If individual, last names first name. UP if different from No. 10a) t( r first name, M<) (attach Continuation Sheet(s) if ' 11. Amount of Payment (check all that Apply) 13. Typeorpo enC(checkall that Apply) ❑ actual ❑ planned a. reta{ner b. one-time foe 12, Form of Payment (check nil that apply): c. commission 8 a. cash d, contingent fee b. in-kind; specify: nature a deterred Value £ other, specify . 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including ofiieer(s), employee(,), or member(s) contacted, for Payment Indicated in item 11: (attach Continuation Sheets) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑ L6. J0ftK0i" [C4105W ihmughis-fdrm ia'euthoiidocd bY'1"rtic S.dSDd n`li53:91ti!'di3afassrtf�dflo8bylii$Maim Sigaaturcl' r{es ptnsxd By..ihc tint above-wlsQrr itis tr4n�ction was:iitt{da or mnianniuxiatol.iyn-rTanhdivdVlisf cfiicb4vadLfsabel5-i�rl ...... 103 3 U: T1Cs �uf vairr�s -r3:G Prineprne. - ie impeetiwr. Any ritla piif1d8l ftati rvhb tidts.talikrda mqutiEddisglos shall be subject ikEt Slry oPnhrieia II>~iC3ill,O{i37 and not more then Telephone No.: 916-713-19M Date: 9/26/12 SlUO,OoO !br each x+ad� faitura, Authorized for Local Reproduction Feden d Use Only: Standard Form - LLL Distribution: Orig- Local Agency Project Files PFkge 1 08 12-03 dune 20, 2012 I o rz G w� !7 W4 wdb .. o �z Ill • N M.K i s es a Irl +n 77VV1rI!! iN Mrf9 Vl M iN.. 'N IN G N M N ra Qft 6►1 1/� �rJ Sn 1H •V! b Ta N S1 •y N N io V p4 v� v v n v v v v v v v v n vv v v .e 10 N rq v 7gjr 10 LO � O� M`O co a6::- o� I 0. NO 6T� S U g, a LLn N Ln IU !7 W4 wdb .. o �z S m IL L w m 4 ;, =1 Ag Pk ICU ; w. m m �y� N n a � O d � � V L � - u U N c O O R0 Oct w O u m m u u Q a: m oN 7 _ 11 V) V c n iR i"1 H H H H N H N V y A fAH V V H V FS v13 �N � N V N! V H V 4► V W h R j V V V V R V .V V 13 13 118 CD 1� O Nj DD M � 0 ol r LO o (V M CD M NI? a 10 M co n N. a ^ 'O � �O •o � N N S C P o A Z;7 C u LO ^ N m c c ) U a c N :_' N � ° C7 vi > ao C1 `a t t a Z N ,� a o 0 ri �' E (j D a=i CV o C � �` Q Q a o 6s NU U-fV _ m o .2 U o > V a m �A= 2 U ='gym c 3' M C, 0 � J y O � `c iol am N it� � ¢ o` 'V =1 Local Aisistanee Procedures Manual F,xEnrr 10-Q Diselasure of F obbgng Activities ExxtBIT 10-Q DismosURE OF LowmG AcrIvams ntrS:rr AngrTRE OF LOBBYING AGTMTESS COWLIMSTINS FORM TO 17ISWMLOBBYMQ ACnyn 1. Type of Federal Action: 2,. Status of Federal Action: ❑ a. Contract ❑ s. W"ffodepplfcotion b. grant b, lnIdat award G cooperative agreement P For Material iataage Oaly: d. loon yeas quW= e. loam guarantee date of lost report is roan lWo ralm 4. Name and AddressofReportingEntity 5. If Reporting Badly inNo.4IsSobawardee, Enter Name and Address of prime: ❑ pdm ❑ Subawardee Tier , If known Cougresslemal Disfile4 irimown 6- Federal DepartmeutlAgeney: �e L Federal Actions Number, if knownt PEIRSUAN'1' :tri 31 uz.[:, 3. Report Type: ❑ a. initial b. material chanp Congressional District, ifknmvn 7. Federal Prognm NamdDescrlptlotr. CFDA Number, i€a *le 9. Award Amount, if mOwn: 10. a. Name and Address of Lobby Entity b. individuals Perhrming Services (Including (If indlviduat. last name, first mmoe, MI) address 1f dUTenxt Brom NO. 100) (lest Came, fust m unei MI) (attach Con*Mson Sbeet(s) if try) 11. Amount of Payment (Cheek all that apply) 13. Type ofPsyment (cheek all that apply) S ❑ actual ❑ planned a. retainer b. one-time few 12, Form of Payment (check all that apply): 7 c. commission L cab __ d. eon inges fix b. unkind; specify: new* _�._ a defatrat vmhw £ odm sp9cify 14. Brief DoserlpgM of 9ervlees Pertbrmed or to be performed and Dates) of 3ervite, including or member(&) contacted, for Payment Indicated In Item 11: oineer(s), empluyes(s), (attach Continuation Sheets) If nec&way) IS. Conlmustlon sheet(s) attaehedt Yes ❑ Pio ❑ r t 6. lnforraatiun rtgnetted throwsh tutA Finan b sulhorixcd byTitia 31 UAC Stesian 1352. lois dfaoierure oftubhyin8 selfaacs gprc; vM pla0ad by*5 tier shove whm his trsrnaetioa wrs rusda as MAMIM Into. Tub dncrowue Is mquitad"Utrlt to 3I V -C Q J. PrWN � C� � 1352. This lnforMW= wlu baupwied to Coop= $=is msagy e W vdil bs aKallabiv forpublto htsp6dttt7n. ►tris TYiiv: fey aWboiwh to me ttte regWMddkct M shall bo su41� to K Owl pea tYofnat lass tlmSIO.00d and not nxm than TZlephanaH j&/,)Of Datta S1t10,am tcceavfrmrch £ailtuv. Autharked for Local Rgxodndlou Federal Use Only: sandard roan - LLL Dish ibutlont 014- Local Agency Projcet Files Page i 08 13-03 June 20, 2012 1 I I I I f I I N_on-Lobbying Certification Form 10-P Local en* _ Gly of Lodi Project Description: Professional Engineering Services Proposal Date: September 28, 2012 ProposeNs Name: APEX Civil Engineering The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _ As the prospective participant we also agree by submitting this that we shall require thatthe 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. s vow" Patricia Preston, Principal Engineer, Name, Title Signature, Date PUBLIC WORKS + COMMERCIAL ` FORENSICS * TRANSPORTATION PO BOX 1196, ORAN%vALE, CA 95662, E-MAIL: PAT=WPMTON@APEXML.COM T: 916.717.2812, F: 916.988.6770 Local Assistance Procedrres Manual Exff[BPI' 10-P honlobb*g Certification for Federal -aid ContractS EX mrr 10-P NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this proposallbid to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or altcmpting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an e:mpioyee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agresment, and the extension, continuation, renewal, amcndwent, or modification of any federal contract; grant, loan, or cooperative agreement. (2) if any fiords other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any perscin who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting hMier proposallbid that he/she shalt require that the lauguage. 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. Page 1 OB IM3 June 20, 2012 Local Assistance Procedures Manual Err 10-01 .. _ Local Aged Consultant DBE Commitment ExHlBrr 10-01: LocAL AcENcY CONSULTANT DHE COMMITMENT (Inclusive of all DBEs at time of proposal) NoTt=• P1sAae .rfrr to- insuuetinns on the reverse side of this form. . -. _ ''�:'�aasWta�e��IotCoiip�e�e ibis S�c�an ` :,t•�''�- -:; : �.:. •,,:.:. 1. Local Agency Nsme: City of Lodi Department of Public Works 2. ProjectLocatlon: Lodi, California 3.ProjectDescription: P'r❑iect Moneagement, Design and EngineeHn,4`for the 1-lcmy-Lane/UF -Grgde �gporrrtian Proicef 4. Consultant Name- Mork Thomas & .Inc. tCompony, S. Contract DBE Coaleb, DBE Commitment information C6 Description of Services to be Provided- 7. DBE P'um S. DBE Cert. 9. DBE % Canino hTmmetion N - ;.ti _ic -:utreac Judith'.-ftehe Cammuriiccstions: 371::96 3:Q1 °lo 209 464-8707 Apex reslwreitee Cv .i 38747 -3.95%trt- an. scbpq.l7esi •in Pennino Desian GrouLR 37638 1..29% _.. _(2091327-4261 )Lacal.Ageincy fcu�Cobi�kt� thlS Seri#on' . , - :-; • :: ; �. ���a3�'�y.•,,,"7. �� '� '��:yy. • ���77• [6. Local Agency Contract Number 17. Federal -aid Project Number: is. Proposed Contract Execution Daae: Local Agency certifies that all DBE certifications are valid and the 1L information on this form is complete and accurate: Robert A. Himes 12. Prelerees Name (Print) 19. Loom Agency Representative Name (Print) Vice Preside- nripal 13. Paepames Tide - 20- Local Agency Representative Signature 21. Date 10/08/2012-f916.3L1-9100 14. Date 15. (AresCcde) Tel. Ido, 2L Local Agency Rel tine Tide - - 23. (Ara Code) Tel. No. Distribution: (1) Original - Submit wkh Award Package (2) Copy - Local Agency files Page 1 OB 12-04 dune 29, 2012 Local Assistance Procedww Manual EXHIBIT 12-B PSM Checkllst lindmetions Attachment E ATTAc1rnzNT E DEBARMWNT Am SUMMON CERTMCATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, be/she or any other person associated therewith in the capacity of owner, partner, director, officer, and 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 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 juris&ction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. None Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constituter signature of this Certification. Page 12.29 OB 12-04 dune 29, 2012 Local Assistance Procedures Manual E2i3LIBIT 10-Q Disclosure of Lobbyteg AetMties NOT APPLICABLE EX MIT 10-Q DISCLOSURE pF LABBYING Acr[vrms DI[scLOSM OF LOBBYING ACTIVITIES TO DISCLOSE LOBBYING 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offedapplieation ❑ a. initial b. grant b. initial award b. materw dmv c. cooperative agreement c. post -award d. loan For Material Change Only: C. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity is No. 4 k Sabawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier , if known Congressional District, if known 6. Federal Departraeat/Agency: S. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last nerve, first name. MI) Congrenlonal District, ifiutowa Z Federal Program NarnM)Ncription: CFDA Number, if applicable 9. Award Amount, if known: - 6. Individuals Performing Services (including address if dii%rent from M. 100) (last nm,;, first nerve, IIT) (attach Continuation Sheet(s) if necessary) IL Amount of Payment (check all that apply) S ❑ actual ❑ planned 12. Form of Payment (check all that apply): b. in-kind; specify: nature Value 13. Type of Payment (cheek all tkat apply) a. reb a " b. onetime the c. commission d. oo„tingent lee e deforred r other, specify 14. Brief Description of Services Performed or to be performed and Dates) of Servk% including otfrcer(s), employee(s), or member($) contacted, for Payment Indicated in Item 11: (ai:tait Contiauaeon Skeet($) ifnecessary) 13. Continuation Sheet(s) attached: Yes ❑ No ❑ 16. Irtfonmdw requmftd through his form is autltorked by Title 31 U.S.C. Section 1352. This discimm of lobbying reliance Signature:: was plamd by the tans alwoe when his tranmcdoa was merle esu er'Ueed nrto. TMs disclosure In xq dmd ptaseentto 31 U.S.C. Print Mame: 1352, This information will be rcportcd to CaaUcss sarnianouoliy and will be avallabie: ibr pubik i;> ion:. sY Tide'. person yaw feil3 to fi?c dio.r ixs d discicd t;h ll he suWd to a civil paealty of nW kir thin sinal o 64,M most flavin S 100,= for cwh suds faihm. TelephoneNo.: - _ Dale Authorized for Local Reproduction Federal Use Only: Distribution: Orifi Local Agency Project Files Standard Form - LLL Page 1 OB 12-03 June 20, 2012 Local Assistance Procedures Maanal EXH1B1rr 14L Consultant Certifla don of Final Indlreet Cush Firm Name: Exmrr 10-L CONSULTANT CERTIFICATION OF FINAL INDIRECT COSTS Mark Thomas & Company, Inc. Indirect Cost Rafe: 125.98% Date of Proposal Preparation (nmldd/yyyy): 10/08/2012 Fiscal Period Covered (mmlddlyyyy to mm/dd/yyyy): 9117/2012 to 4/22/1014 I certify that I have reviewed the proposai to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 1. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. 2. Ali known material transactions or events that have ocmu:red affecting the firm's ownership, organization, and indirect cost ratesjLave been disclosed. *Consultant Signature: Name and Title (Print) RobertA-Himes, Vice President/Principal Date of Certification (ntmlddlyyyy): 1 0/0812 01 2 *An Individual executive or financial officer of the contractor's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in eonjunctkm with the contract. Distribution 1) Original to Caltrans AudlU and Investigations with Cost Proposal 131M or mace 2) Load Agency Project Files Page 1 OB 12-03 dune 20, 2012 EXHIBIT 10-K Local Assistance Procedures Manual Certification of Financial Management System and Contract Costs Local Agency Certification — Cost Analysis: I, the undersigned, certify that I have performed a cost analysis in connection with this contract including, contract modifications exceeding $150,000, for the fiscal period as specified above. Local Agency Certification Signature:: Local Agency Certifying Name and Title (Print): Local Agency Contact Information — Email and Phone number. Date of Certification (mm/ddlyyyy): Date of Cost Analysis (mmlddlyyyy): Distribution: () Ori&d to CalWas Audits sttd hwea ftnions with Cost Analysis if SIM or mare 2) Local Apnoy Fmjea Files Paige 2 June 20,1012 OB 17.83 Local Assistance Pmeedum Mausal EXHIM 14-K Certificafian of Finandal Managemeat S"ru And Contract Celts EXHIBIT 10-K CERTIFICATION OF FINANCIAL MANAGEMENT SYSTEM AND CONTRACT COSTS Consultant Certification: Consultant Firm Name' Mark Thomas &Com any, Inc. Cost Proposal Date: October B, 2012 Fiscal Period Covered (mm/dd/yyyy to mm/d&/ )W): 9/17/2012 to 4/22/2014 I, the undersigned, certify that all costs in this proposal (prime consultants and all subconsultants) are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of tide 48, Code of Federal Regulations (CFR), Part 31 and the indirect cost rate(s) Have been prepared or audited in accordance with the following criteria and in the acceptable indirect cost rate schedule formats, and retained in the project files: 1. Generally Accepted Government Auditing Standards (GAGAS) issued by the United States Government Accountability office, if applicable. 2. 23 Code of Federal Regulations (CFR), Chapter 1, Part 172 —Administration of Engineering and Design Related Service Contracts. 3. 48 CFR, Chapter 1, Part 31— Contract Cost Principles 4. 48 CFR, Chapter 99, Cost Accounting Standards, Subpart 9900 5, All known material transactions or events that have occurred affecting the firm's ownership, organization, and indirect cost rates have been disclosed. L the undersigned, further certify that our financial management system meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of title 49, CFR, Part 18.20. In addition, I the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is S 40,234,327.80 and the number of States in which the firm does business is 1 t _ 'I I *Consultant Certification Signature: Consultant Certifying Name and Title (Print): Robert A_ Fumes, Vice President/Principal Consultant Contact. lnformation— Email and Phone number rhimes@marldhomas.com;:,(:,016)381-9100 Date of Consultant Certification (mm/dd/yyyy) 10/08/2012 *An Individual executive or financial officer of the contractor's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish fhe indirect cost nate proposal submitted in conjunction with the cmftz t. Page 1 OS 12-03 Jane 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-F Certhleaden of Consultant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, CON WSSIONS & FEES I HEREBY CERTIFY that I am the Vice President/Principal , and duly authorized representative of the firm of Mark Thomas & Company, Inc. , whose address is 7300 Folsom Boulevard, Suite 203, SacramentoCA 95826 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent f* or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in commotion with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil: 0--C)CD � (Date) (signature) Distribution: 1) Local Agency Project File ( Ori®nal & Ca*act) 2) DLAE (with may) Page 1 OR 1243 June 20, 2012 NON -SUBSTITUTION MTCo acknowledges that no substitution of the proposed team members and subconsultants will be done without prior approval by the City. CONFLICT OF INTEREST MTCo warrants that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. NON -COLLUSION MTCo warrants that our offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with other to submit a cooperative proposal that clearly identifies a primary consultant and the associated subconsultants. INDEMNIFICATION & INSURANCE COVERAGE MTCo has the ability to fulfill the indemnification and insurance requirements contained in the sample contract (attachment 1). MTCo also acknowledges that actual Certificates of Insurance are not required as part of our submittal. NON-DISCRIMINATION AND DBE REQUIREMENTS It is the policy of MTCo to provide its employees, applicants and independent contractors with a work environment that encourages efficient, productive, and creative work. MTCo does not tolerate any form of harassment, including but not limited to harassment on the basis of race, color, religion, sex, (including pregnancy, childbirth or related medical conditions) national origin, ancestry, age, medical condition, physical disability, mental disability, family care status, veteran status, marital status, sexual orientation, or any other basis prohibited by law. In addition to MTCo's policy regarding harassment in the work place, the law provides that all employees have the right to file a charge or complaint with the department of Fair Employment and Housing ("DFEH") or the Equal Employment Opportunity Commission ("EEOC". The EEOC is the federal agency charged with the enforcement of federal laws protecting employees from unlawful discrimination. The DFEH is the state agency that protects employees against unlawful discrimination. If employees think that you they been harassed or have been retaliated against for resisting or complaining, they may file a complaint with the appropriate agency. MTCo believes in providing opportunities for Disadvantaged Business Enterprises, with the goal of developing long-term business relationships. Our goals are to identify firms that have similar approaches to management, with good track records of performing quality work on time and within budget. We hove been very successful in developing these teaming relationships over many projects (with and without goals), and have successfully met or exceeded DBE goals on previous projects. For this project, we have enlisted the expertise of three certified DBE firms — Judith Buethe Communications, Apex Civil Engineering, and Pennino Design Group. Together, these firms will be responsible for 10.25% of the work effort for the Homey Lane/UPRR Grade Separation PS&E Project. 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L t1AMAJ . ZULez"m PPL► _ _ m.IuU HNdfI _ ■ 2WRML Pd RLIRRL Pd .APO R�P�ddV19PwPv.q nlWllWdvLP4�8 l tut an :ZLIRJEL IN XmLuon .LMP wnnNRL yPW119aayP1Va11woLtAq d •EWr{LP9M ZUVL4 PMC PCOZ PVak,A,.P4MLPu7Yr91.udWV Vwm ■ L Tw=uPN mm -w PAPA UM) ON113aw d"31 Di t LliL1 nampum IN=PPAI woo _ . _ dit' a='Vdi SUVV YI IPNlddV T Lllri Zuil[ZL PWA ZlaW0U 449 IP><aL�8TUd7 m'a+'�91'�L t YK'4 CAW "ZMp -LL 4MY b.Wmv%"W-&ZZ; FA -WY �K ftp Z .►u@PML ZWLWMN PAPLl1 1Niud"FumssryPM.J min i-wl AU.M1 L N V N_ 3 _f_ _4_ H O _9 Y f {' n Y k 3 _f_4_a _N O _S _ _ _ _ ... . _ _ .. WPPId P>'1■ p.LMa - 41rLN #PL d UoprLrd■s 4P*+9 mucin f —'1 A*s+ H wal is 6117 dlfla3'�I�S _D? Odd a?SOdOdd 4.4 GENERAL cROSs-sECTIONs MTCo will use Autodesk Civil 3D to create general cross-sections at 50 -foot intervals. The general cross- sections will include the pavement sections, curbs, gutters, sidewalks, ditches, soundwalls, and critical offsets and elevations. These cross-sections will be used for estimating excavation and embankment quantities, and will be available to the contractor during bidding. 4.5 SLOPE STAKE NOTES MTCo will export information from the general cross-sections produced in Task 4.5 into on Excel spreadsheet. This information can be used by the surveyors providing construction staking for the project. 4.6 RESIDENT ENGINEER FILE MTCo will provide a Resident Engineer (RE) File to the City prior to construction. The RE File will provide useful information to the construction inspector, and will generally include quantity calculations, critical information the inspector should know, etc. 4.7 PREPARE PRELIMINARY SWPPP MTCo has several certified QSPs and QSDs on staff. It is now required that preliminary SWPPPs be prepared and uploaded to the State's website in order to receive a WDID number (as required by Caltrans). MTCo will prepare the preliminary SWPPP for upload. TASK 5: BIDDING ASSISTANCE AND CONSTRUCTION SUPPORT 5.1 BUDDING ASSISTANCE MTCo and our subconsultants will provide assistance, as required, to the City during bidding of the project. An allowance has been provided for bidding assistance in our fee, and this work will be charged on a time and materials basis. rj' .Z CONSTRUCTION SUPPORT MTCo and our subconsultants will provide assistance, as required, to the City during construction of the project. An allowance has been provided for construction support in our fee, and this work will be charged on a time and materials basis. 5.3 RECORD DRAWINGS MTCo and our subconsultants will provide Record Drawings to the City after construction is complete.. construction pricing. The Plans and Estimates (P&E) will be provided at 65% submittal and the PS&E will be provided at the 95%, 100% and Bid Package stages. It is anticipated the plan package will include the following plan sheets: DESCRIPTION rile Sheet SCALE NIA # of SHEETS 1 General Notes NIA T Pro)ect Survey Control Typical Section(s) NAA 3 Layout Profiles 1 inch = 20 feet Varies 4 5 C66itivction Details Ydirie3' - -9 Water Pollution Control Plans 1 inch = 20 feet 7 Drainage Plans, Profiles, & Details Vddes 13 Stage Construction/Traffic Control Varies 17 Sianinn nnrl S+rinInrt - - - 1:....L` -i A 7 Traffic Signal & Lighting Plan -Varies Y 7 4.1 PROJECT PLANS MTCo and our subconsultants will prepare the following Plan Submittals: 4.1 .1 65% PLAN SUBMITTAL The 65% plan submittal will include the sheets specified above and will specify critical details needing approval. The intent of this submittal is to gain buy -off on plan layout and standards used, and confirm property and utility impacts. 4.1.2 95% PLAN suBMIrrAL The 95% plan submittal will include the plan sheets specified above and details. The 95% plan submittal is considered to be 100% and will be used to perform a thorough internal review for constructability and bidability. 4.1.3 100% PLAN suemiTrAL The 100% plan submittal will include the plan sheets specified above and details, and will include final comments received by the City and MTCo's internal reviewers. 4.1 .4 BID SET SUBMITTAL The Bid Set submittal will be printed on mylor or vellum (whichever the City prefers), and will be signed and ready for the City to advertise. 4.2 SPECIAL PROVISIONS MTCo will prepare Special Provisions for the project. The specials provisions will combine of Caltrans general provisions and the City's technical provisions. The special provisions will be submitted at the 95% and 100% plan reviews and Bid Set. 4.3 ESMATEs MTCo will prepare preliminary construction cost estimates and submit them with each plan submittal. MTCO will also prepare preliminary costs for design options, as needed, for the City to make decisions. 2.2 STRUCTURE INDEPENDENT CHECK Upon completion of the 65% Structures Submittal, APEX will commence the structures independent check. All discrepancies between the designer and independent checker will be resolved prior to the 95`Yo Submittal. 2.3 LANDSCAPE DESIGN Pennino Design Group (PDG) will develop up to two concepts for hardscape and landscaping the median and the outside embankments for the overhead crossing from Hutchins to Stockton. This scope includes preliminary design of all four quadrants of the grade separation. The scope and fee con be adjusted if the City decides to landscape the northwest quadrant only. 2.4 UTILITY COORDINATION MTCo will coordinate with utility companies to relocate theirfacilities to accommodate construction. This includes: ■ Sending Utility `A" Letters (Already sent in PA -ED contract) ■ Sending Preliminary Conflict Mapping (Already sent in PA -ED contract) ■ Attending Field Meeting with Utility Companies ■ Utility Company will Prepare Their Relocation Design ■ Utility Companies will Send Their Claim Letters Submitted to the City TASK 3: RIGHT OF WAY SERVICES ■ City and Utility Companies will Approve Agreements ■ Preparing Certification of Sufficiency (MTCo and Neil O. Anderson) ■ Caltrans will Issue an Environmental Certification ■ Caltrans will Issue an Right of Way Certification It is assumed there will be seven (7) acquisitions, and temporary access will be allowed with Rights of Entry. With federal funding, Caltrans will be involved in every step of the right of way acquisition process. They will review the plats, descriptions, appraisals, and offers, and will ultimately issue a right of way certification. 3.1 APPRAISAL SERVICES Interwest will subcontract with Sierra West Valuation to perform appraisal services as described below. The reports will be prepared in conformance with and subject to the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). 3.2 APPRAISAL REVIEW Interwest will subcontract with Henry Spoto to perform the appraisal review services described below. The reports will be reviewed in conformance with and subject to the requirements of the USPAP 3.3 ACQUISITION/NEGOTIATION PROCESS Interwest's licensed agents will negotiate to acquire interests that are identified and required for the project. Interests to be acquired or cleared include, but may not be limited to: fee andpermanent and temporary construction easement. MTCo will be heavily involved with the acquisition and appraisals, providing exhibits and attending field meetings with the appraiser and property owners as needed. TASK 4: PROJECT PLANS SPECIFICATIONS & ESTIMATES (PS&E) MTCo and our subconsultants will prepare the Plans, Specifications, and Estimates (PS&E) based on designs performed in Task 2 of this scope of work. The plans will be prepared in AutoCAD, in a version compatible with the City's software requirements. Specifications will be prepared in MS Word and will be based on the City and Caltrans specifications. The Estimates will be prepared in MS Excel and will include quantities and current 1.4 FUNDING SUPPORT In addition to coordinating with CPUC and CTC to acquire Section 190 funds, as defined in our PA -ED contract, MTCo will assist the City to prepare the E-76 authorization request for federal funding reimbursements. 1.5 PREPARE/UPDATE PROJECT SCHEDULES MTCo will continue to update the project schedule for review at the PDT meetings. 1.6 MONTHLY PROGRESS REPORTS MTCo will prepare a monthly status spreadsheet with each of the invoices submitted for payment. The spreadsheet will show the original budget, reallocated budget, amount spent to date, amount spent this period, and percentage spent to date for each task. 1.7 QUALmf AssuRANCE/QUALnY CONTROL MTCo will employ our comprehensive QC/QA checklists and perform an independent review of each submittal in parallel with agency reviews. We have assigned Matt Brogan (MTCo) to serve as Quality Control Manager for this project. He will be responsible for internal and external quality control measures (e.g_, verifying sound design practices internally, and verifying that our subconsultants are using most recent information). 1.8 UPRR/CPUC AND UTILITY COORDINATION MTCo will continue to coordinate with UPRR, CPUC, and the City to facilitate approval of the following: ■ Cost Sharing Agreement ■ Right of way and aerial easements for construction 1.9 CALTRANS COORDINATION ■ Construction & Maintenance Agreement for the new grade separation ■ GO -888 grade separation crossing application MTCo will continue to coordinate with Caltrans and the City to facilitate the approval of the following (these items are now required with federal funding): C Record of Investigation ■ Utility Agreements ■ Certification of Sufficiency 1.10 PUBLIC OUTREACH E Environmental Certification ■ Right of Way Certification Judith Buethe Communications 0BC) will continue to provide public outreach for this project. JBC is already scoped to provide several update newsletters throughout the project within the PA -ED contract. For the PS&E scope, JBC will coordinate two (2) public meetings. It is anticipated that these meetings will be held following the 65% design submittal and after the project has been awarded. This will provide a check-in with the public and properly owners during design and just prior to construction. MTCo will continue to provide support at the Shirtsleeve and Council meetings as needed. TASK 2: DETAILED PROJECT DESIGN 2.1 STRUCTURES DESIGN MTCo will prepare structure plans based upon the approved General Plan. The structure will be designed using Load and Resistance Factor Design following AASI-ITO LRFD Bridge Design Specifications. Other references that MTCo will follow are Caltrans Division of Structures Bridge Memo to Designers, Bridge Design Aids, Bridge Design Details, and BNSF-UPRR Guidelines for Railroad Grade Separation Projects. WORK PERFORMED UNDER CURRENT PA -ED CONTRACT Several of the tasks that are included in MTCo's current PA -ED contract will continue through completion of the PS&E contract, as detailed in our approved contract with the City. As such, these tasks are not included in the following scope of work. These items generally include: In addition, there are several PS&E level tasks that have already been completed; therefore; they are not included in the scope below. These items include: Borings for Bridge and Retaining Wall Foundations Neil O. Anderson & Associates B&P WORK PROPOSED FOR THE PS&E CONTRACT TASK L: PROJECT MANAGEMENT 1.1 PROJECT DEVELOPMENT TEAM (PDT) MEETINGS MTCo will continue to coordinate with the PDT on this project. Once PS&E design commences, meetings will be held on a monthly basis or as needed to correspond with deliverables and decision deadlines. The PDT meetings will include the City, MTCo and our subconsultonts, Caltrans, SJCOG, and other agency representatives as appropriate. MTCo will continue to take the lead in facilitating the meetings, preparing and distributing meeting agendos, inviting meeting participants, and preparing/distributing meeting minutes. Meeting minutes will include a list of materials distributed/discussed at the meeting, and a summary of action items to be addressed prior to the next meeting. This proposal assumes there will be 10 PDT meetings. 1.2 CLIENT/SUBCONSULTAN7 PROJECT MANAGEMENT MTCo will continue to perform ongoing general project coordination with the City and our subconsultants. This will include maintaining project files; holding focused design coordination meetings; and preparing correspondence, e-mail, and phone calls necessary to manage the project, maintain project budget, and achieve on -schedule submission of project deliverables. 1.3 AGENCY COORDINATION MTCo will continue to perform ongoing general project coordination with the City, Caltrans (for right of way certification and funding authorizations), Union Pacific Railroad (UPRR), and the California Public Utilities Commission (CPUC). This will include holding design review meetings and CPUC field review meetings; and preparing checklists, applications, and submittals consistent with Caltrans, CPUC, and UPRR guidelines. '374 � � T� •may :v 1. MTCo will look at several options for the lowest cost structure, but typically a 3 -span structure is the least expensive because it is easiest to construct and provides the thinnest structure depth, which reduces embankment costs and will accommodate High Speed Rail in the future. 2. UP will require the project accommodate a future track (most likely to the east) and maintenance road. 3. Per the UP standards the structure supports will need to be completely outside of UP right of way and have a minimum construction clearance of 21'-0" high and 12'-0" on each side of the track. The permanent_ minimum clearance must be at least 23'-4" high and 25'-0" on the outside of the tracks (existing and future). 4. The barrier fence shall extend to the UP right of way and a minimum of 25' outside the tracks. 5. There is a Kinder Morgan fuel line that runs within the UP right of way. For an overhead structure it is anticipated the KM fuel line will not require relocation, but a KM inspector must be in the field during foundation construction. 6. Utility relocations along Harney Lane should be minimal because the existing Lodi electric overhead lines, water lines, gas line and fiber optics are located along the north right of way line. 7. The overhead structure will be designed to discourage camping under the structure. 8. UP requires that access roads are constructed along the new embankment or at the bottom of the MSE wall to provide access to their right of way. The City and utility companies will most likely require this also. Access driveways will be required from Harney Lane to these access roads. 9. The noise study shows that a new soundwall is required at three locations. The next step is to prepare the Noise Abatement Decision Report (NADR) to determine whether each wall location is feasible. 10. Councilmembers Joanne Mounce and Larry Hansen would also like to see soundwolls constructed on the south side of the overhead structure. 11. An overhead crossing will be seen from the residents that back-up to Harney Lane. Landscaping the embankment slope and providing a screen wall on the north side adjacent to the neighborhood will be considered. 12. The overhead will ire designed to AASHTO_"tail light" sight distance guidelines which provides conforms near the existing and proposed driveways and public roads. 13. Per AASHTO guidelines, sag curve lengths can be reduced by providing street lighting. 14. Working with the Costa's, the new public road has been set across from Banyan. The Costa property is ultimately planned for mid and light residential with mixed use and open space. 15. Tsutsumi is concerned with the amount of acquisition required for the embankment and circulation in and out of his business. By eliminating left turns into his driveway, access will be required from the west. 16. Mr. Costa wants to be involved in the detail design to ensure a fence of some sort is constructed along his property to discourage tresspassing. 17. A new connection will be provided to Maggio Circle to improve circulation at Valley iron Works and provide access to the possible retention basin, city well, and the utility corridor along north embankment. 18. Access and circulation within the existing well site will be coordinated with the City. 19. One drainage option that will provide retention and eliminate the need for water quality treatment is to construct a new retention basin at the project site. Depending on the impervious area constructed with the project and if the drainage outfalls in to the City system the water will need to be treated using filters and/or swales. 20. This project will need to coordinate with planned developments such as Sutter Gould and Reynolds Ranch. PROJECT UNDERSTANDING Construction projects are now also required to provide temporary soil cover for inactive disturbed soil areas (inactive soils are defined as not being used within 14 days). By having a contractor fully mobilized by the summer the likelihood of rain events is reduced and grading operations can be more continuous. FUNDING ASSISTANCE MTCo has assisted the City with the CPUC Section 190 application that is effective for the 2012/2013 and 2013/2014 fiscal years. The Harney Lane crossing ranked number 10 state-wide which puts the City in great position to receive Section 190 funds for this project. MTCo and the City need to make sure that the Right of Way Certification, UPRR Construction and Maintenance Agreement, and CPUC GO -88B Approval are in place before April 2014 (see the project schedule included in this proposal). MANAGEMENT APPROACH As seen above, we at MTCo pride ourselves with coming up with creative solutions to complex problems. Any and all of these potentially cost saving ideas will be discussed in depth with the City and the conversation will be one of candid pros and cons. Part of the MTCo philosophy is never to go to a client about a problem without at least one viable solution. In order to properly facilitate a project, which is one of the primary roles of a design consultant, one has to be a problem solver first. Furthermore, proactively following through and closing loops to make sure that the solution is appropriately administered and carried out is equally as important. The MTCo Team personnel will always be open and frank about their professional opinion on any given matter, and once a solution is agreed upon by the City, to carry out the directive to the best of their ability. On the subject of staffing, being efficient and cost effective is also part of the core values of the MTCo Team. The MTCo design costs are generally always lower than the competition because of the lean and efficient staffing strategies and philosophy that MTCo utilizes. It is important to note that this is not a recently adopted value because of the economic times that many of us are going through, but has been a core value of our company since its inception. It directly reflects the character and integrity of MTCo and our entire staff. It's also important to know that being lean and efficient does not mean that MTCo compromises the professional services, integrity and quality assurance requirements of the project. It is done simply as a matter of professional pride and integrity. MTCo is adamant about providing the best service at the most reasonable cost to the clients and taxpayers. Because MTCo personnel and upper management have so many years of experience with these types of contracts they are well aware of the required staffing of the projects and when it's time to appropriately trim staff or go to part time when the workload allows it. MTCo does not "pad" jobs; we properly staff and complete them. artist and created the plan sheets and specifications for the work — while keeping in close contact with the artist to make sure her aesthetic designs and intent were captured in the contract documents. KINDER MORGAN PETROLEUM PIPELINE/UTILITY COORDINATION ,,\ATCo has already sent out Utility OX Letters, received mapping,.entered mapping in AutoCAD, identified potential conflicts and serif conflict mapping to each of the utility companies in the corridor. Although the overhead alternative will reduce impacts within the roadway and UPRR, MTCo will work hard to make sure we are communicating with the utility companies for protection and relocation of their facilities. As you will see in our Scope of Work, MTCo will work with the utlllry comments companies tootfollow owners process to from relocation design, record of investigation, agreements HIGH SPEED RAIL The High Speed Rail Authority just received their Record of Determination for their first of nine segments of the High Spend Rail. The Authority has identified the HSR alignment to parallel the existing UPRR right of way at this location. The proposed three -span structure provides a low-cost overerossing that has the flexibility to accommodate HSR in the future. The structure has been designed to clear -23 -4 over t nf 3 PRRet, this operating right of way. Because the track is raised above the surrounding ground by approximately will provide a vertical clearance that will be acceptable (not preferred) by the Elwthorit?. If the profile was raised to provide the 27 -foot vertical clearance preferred by the Authority, there would be significant iinpocts.to utilities, driveways, intersections, etc. KEEP HARNEY LANE OPEN DURING CONSTRUCTION Homey Lane is required to stay open during constructionof the grade crossing. The selected alternafiive, has_ been aligned to accommodate two lanes of traffic at all times during construction. The sowth side of the structure and embankment will be constructed in the first phase while traffic remains in. its existing con{figuration. Once the first phase is complete, the traffic will be shifted to the new embankment and new structure (eliminating the need for the at -grade crossing) and the north side construction can begin. Because must of the. utility impacts are on the north side of Harney Lane, there will be some time after construction starts to relocate the utilities without delaying the contractor. UTILIZE STORM DRAIN BASINS FOR EMBANKMENT AND WATER QUALITY TREATMENT During the development of the PA -ED phase, MTCo looked at several drainage basin locations. An overhead grade separation will require in the range of 100,000 cubic yards of fill_ The cost of obtaining this fill material can vary with haul routes and borrow sources both playing a role. One way to reduce embankment cast is to excavate for drainage basins and utilize that soil for the import. MTCo has reviewed the City's storm drain basin master plan and several park bosins and temporary basins are within the vicinity of the project. MTCo con work with the City and/or nearby developers to create o Mandatory Borrow Source for the project. By having a site nearby and permitted for excavation the City will have a better handle on the embankment costs. MTCo has experience incorporating retention basins into our grade separation projects- South excess the project site at Eight that generated avele Road r 100,00 two large yards ofembankment fora the projectrerain retention bsins were ated on adjacent p HAVE THE CONTRACTOR FULLY MOBILIZED BY SUMMER The new Construction General Permit issued by the State Water Resources Control Board states that temporary ornsinn control is now required year-round and that a Rain Event Action Plan must be ready year-round. operating corridor instead of the full 250 -feet. This is an important point as the City will only have to span the 100 -feet operating corridor with a structure instead of the 250 -feet operating corridor which can save the City approximately $3 million. MTCo and the City submitted the General Plan for the structure and other information needed for UPRR's conceptual approval in August 2012. ENVIRONMENTAL APPROACH MTCo and the City have set this project up to utilize available federal funding by following the Caltrans Local Assistance Procedures Manual (LAPM) processes for both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Under CEQA, the grade separation project qualified for a Statutory Exemption (SE) under CEQA Guidelines Section 15282(g) and Public Resources Code 21080.13. Linder NEPA, the grade separation project would qualify for a NEPA Categorical Exclusion (CE), provided the actions meet the definition contained in 40 CFR 1508-4 and do not involve significant impacts. Caltrans has agreed that a NEPA CE is appropriate for this project. The City Council has selected the overhead alternative to move forward. The MTCo team has prepared and is ready to submit the technical reports to Caltrans for review. The technical reports have determined there are no mitigations necessary, except for three soundwalls located along the project corridor. COMMUNITY RELATIONS MTCo will continue to take on active role in community relations. MTCo has met several times with each effected property owners, held two Council Shirtsleeve meetings, held a public meeting, and presented at the City Council meeting on August 1, 2012. Our team continues to include Judith Buethe Communications pq who will assist MTCo with ongoing one-on-one meefings, public meetings and council meetings. Based on comments from the Community and the Council, the final design needs to take the following into account: ■ Make sure the types of plants do not introduce rodent problems ■ Consider a soundwail on the south side of Harney Lane or future development ■ Provide a barrier or fence to discourage access the UPRR right of way from Harney Lane PROPERTY ACCESS ■ Provide a fence along the Costa right of way to keep trespassers off his property ■ Look for ways to discourage camping under the overhead structure ■ Shield the view from the overhead embankment to the backyards down below MTCo has worked with Tsutsumi, Costa, and Valley Iron Works to minimize impacts to their properties during construction and with the completed project. Confinuing these conversations will be an important part of final design and right of way acquisition. ARTIST COORDINATION MTCo is aware that the City of Lodi requires public works Projects to include a 2% public art component. This is the same requirement that MTCo just recently dealt with in Stockton on three grade separations. MTCo is experienced coordinating public art components of this nature and has successfully blended several art designs into our engineering designs. Recently an the Stockton grade separation projects MTCo took designs From on PROJECT BACKGROUND Lodi approved the update to its General Plan in April 2010 and one of the primary purposes of the plan was to provide the basis for establishing and setting priorities for implementing the Capital Improvements Program. New growth areas were identified surrounding Homey Lane including: properties south of Harney Lane and north of the Armstrong Road Agricultural/Cluster Study Area for residential and mixed use development, and properties around the Kettleman and Harney Lane interchanges of Highway 99 for office and commercial development. Based on these new growth areas Lodi prepared a Specific Plan for Harney Lane in 2010 (Mark Thomas & Company was the City's prime consultant). The Specific Plan reached a consensus on the appropriate roadway improvements to be constructed along the Harney Lane corridor to serve the growth and traffic volume increases. Widening of Homey Lane will be primarily driven by development. However, widening of Harney Lane across the UPRR would be difficult since California Public Utilities Commission (CPUC) regulations do not typically permit the widening of an existing at -grade crossing, if a grade separation is feasible. To assist the City with determining the viability of a grade separation across UPRR, the City retained Mork Thomas & Company (MTCo) to prepare a feasibility study for the grade separation project and to initiate a funding request with the CPUC under their Section 190 Grade Separation program. In late 2011, the City retained MTCo to prepare a CEQA and NEPA document, evaluating four alternative configurations. On August 1, 2012, the City Council unanimously selected Alternative i which raises Harney Lane over the UPRR tracks with sloped embankments. The approved environmental document (SE and CI_) will be approved by the end of the year. Based on our extensive grade separation experience and our knowledge of this project, there are several key areas we will need to keep track of to make this a successful project: UPRR/CPUC COORDINATION Construction of a new grade separated crossing over a rail line will require concurrence from UPRR and approval by the CPUC under General Order 888. MTCo has recently completed this process on the same UPRR rail line for the Eight Mile Road/UPRR grade separation project and the Grant Line Road/UPRR grade separation project. The key approvals needed for this process are: ■ Concept Approval (30% Plans, submitted 8/2012) ■ Construction & Maintenance Agreement (with ■ 90% Plans Approval UPRR) ■ PUC GO -88B Approval ■ 100% Plans Approval The MTCo team is experienced with this process and working with UPRR and from this experience, we know that the two key UPRR issues will be negotiating UPRR's 10% cost share and gaining approval of a 100' UPRR operating corridor instead of the 250' operating corridor implied by their existing right-of-way. UPRR 10% Cosr SHARE Based on the California Streets and Highways Code, UPRR is required to contribute 10% of the theoretical cost of a grade separation for the existing road use. In the case of Harney Lane, the existing road crossing is a two-lane roadway so UPRR will be responsible for a theoretical two-lane grade separation project. When negotiating the 10% UPRR cost share, MTCo understands the items that UPRR will allow and will utilize our experience to get the City the maximum cost share allowed under the "10% Rule". 100 -FOOT Vs. 250 -FOOT OPERATING CORRIDOR At the Harney Lane/UPRR crossing, UPRR has a 250 -foot Congressional Grant to the south of Harney Lane and 100 -foot of right-of-way to the north. For both the Eight Mile Road/UPRR and the Grant Line Road/ UPRR projects on the same rail line, MTCo has successfully worked with UPRR to gain approval of a 100 -foot Valerie A. Pennino, owner and Registered Landscape Architect, returned to the z• San Joaquin Valley after graduating from Cal Poly San Luis Obispo in 2002. The Landscape Architecture degree she earned there has led to more than ten years gP PEM,! Hn sr of experience immersed in the design field and licensure in the state of California. nssir,� e.kex+r _. And as a woman owned business PDG holds a DBE Certification in the State of California. • • - RELEVANT PROJECTS San Joaquin Regional Rail Commission Rail Maintenance Facility, Stockton Landscape Architect. Pennino Design Group was contracted to coordinate Landscape Design and Construction Documents with agency, engineers and the City of Stockton. We were given the task of producing color conceptual documents, and full construction documents for the Landscape portions of the project, which include streetscape & screening measures along Alpine Road, as well as point of entry, building surround, a detention basin and parking areas. Pennino Design Group is currently contracted to provide Construction administration on this project, which is currently under construction. ADM Distribution Center, Lodi Landscape Architect. Pennino Design Group was contracted to coordinate with the client and City of Lodi in the production of landscape design plans for the interior of the site, including a retention basin, as well as the streetscapes along Victor and Guild that would serve to screen the large silos and highly visible tanker railcars that are stored on site. Abundance Vineyards Tasting Room, Lodi Landscape Architect. Provide Landscape Design and Construction Documents for the grounds surrounding the Tasting room. Features include a casual atmosphere, with decomposed granite paving, outdoor seating, and a vine trellised arbor over the entry. Services included color conceptual renderings, and full planting and irrigation construction documents. Towne Center, Lathrop Landscape Archit-ect. PDG, contracted with F&H ponsvuction to provide conceptual design and cansfruc#ion dacurrrents #or:on aufdaar detail seater featuring a pedestrian paseo .and, plaza which included fhe d ign of saving, outdoor seating and plogfors� The design also- irfOuded the su.rrountfirtg parking bnd pede&ian access ways. Bellevue Streetscape, Merced Landscape Architect. Mrs. Pennino was the lead Landscape Architect on this community development which included the design and completion of construction documents for the streetscapes, medians and sound -waifs on all major roadways throughout the subdivision. Community monuments and subdivision entry signage were also incorporated into the sound -wall design. The community additionally included the design of a utility easement to be utilized as a pedestrian bike trail, 2 neighborhood parks and a large community sports park, which included environmental semitiv"sty due to a viable stream that divided the park. Joe Gutierrez has 20 years experience focused on bridge design, and twenty- three years overall. My experience includes bridge design, land surveying, civil .ENEG land development, and transportation. I have been an assistant project manager for Caltrans projects including the San Diego - Coronado Bay Bridge Retrofit Project, and more recently the SRI 52/SR156 Interchange Improvement Project. Communication is the key to the success of any project. RELEVANT PROJECTS San Francisco -Oakland Bay Bridge Temporary Bypass Structure This project was performed for TRC lmbsen Engineering as part of a design/build contract between Caltrans and the Contractor. Mr. Gutierrez performed final design calculations of West -Tie-in segment Frame 2. SR-152/SR-156 Interchange Project, Santa Clara This project near Casa de Fruta was for the Santa Clara Valley Transportation Authority. This project was a grade separation interchange project. Mr Gutierrez served as Assistant Project Manager leading Environmental, and Civil. He was responsible for communications, meeting minutes, preparing structural alternatives and costs, preparing presentation materials, and design to 35%. Salley Avenue Grade Separation, San Jose This project in Son Jose's Coyote Valley, extends Bailey Avenue to Interstate 101. This required three major bridges, an overcrossing at 1101, a bridge at Coyote Creek, and an overhead at Monterey Road and UPRR. Mr. Gutierrez led the design of the bridge and overhead structures. This included aesthetic components to produce a landmark appearance as the gateway to the City of San Jose. Hanson Road and Vulcan Road Bridges, Pleasanton For this fast -tracked project, the design of both bridges was completed in two - months, and the bridges were built in six -months. The design and construction support was for two span cast -in-place post -tensioned bridges of 100' spans, and 110' spans. Buchanan Street/Eastshore Highway Connection, Albany This project was a combination in -fill widening overhead structure and new elevated intersection/connection structure. The infill -widening was designed using precast -prestressed Caltrans 1 -girders, and cast -in-place T girders to match the existing structure. The new connection structure was designed using post -tensioned combined with mild steel reinforcing for slab design with curving geometry. The substructure utilized a tall cantilever abutment with an MSE wall approach. Considerable coordination had to be executed due to the large amounts of utilities, and proximity to the railroad right of way. Jack Tone Road/Hwy 99 Interchange, Ripon, San Joaquin County. This replacement interchange project involved the design of four new bridges. Mr_ Gutierrez designed the Railroad Overhead (419'), and led or assisted in the design of the other three. Due to site constrains the type selected bridge was an unbalanced three -span (157, 144, 118') cost -in-place post -tensioned box girder. Patricia Preston has 23 years of engineering experience, specifically in the. area ./Li;1M CML of transportation related structure design. She has participated in every aspect of ENGINEERING project delivery from the planning stage, to the design phase, construction support, inspection, and just recently as a member of a community advisory committee. Principally, she has led or been part of a design team for deiivedrig bridge projects. As a former Caltrans engineer, Patricia has a thorough understanding of Caltrans' 11 Civil Engineering, University organizational structure, its processes and procedures. .,lifornia, Davis,RELEVANT PROJECTS Bay Bridge - Yerba Buena Westbound Ramps Improvement Project, San Francisco The YBI Ramps Improvement Project addresses the geometric and operational deficiencies of the existing on -and off -ramps and their effects on the San Francisco - Oakland Bay Bridge j1 -80j mainline. This project improves safety and facilitates traffic operations of the I-SON131 interchange by replacing the westbound on- and off -ramps located on the east side of YBI. The proposed structure will be 350' by 70' wide. It is considered a life line structure and must meet additional seismic demand requirements. Duncan Geek Bridge, Pfacer County Provided technical specifications, quality control and contructability review of a pre- cast girder bridge for the emergency replacement of a flood damaged culvert. San Francisco Oakland Bay Bridge Temporary By -Pass Structure, Oakland Working with Imbsen & Associates, Inc. providing assistance with design and analysis for the temporary by-pass for the New East Bay Bridge. Horse Ranch Creek San Diego County Providing structural engineering design ser ices to Imbsen & Associates for a three span reinforced concrete slab bridge widening. Due to scour and liquefaction, the existing bridge was found to be seismically deficient. Widening the structure required strengthening of the proposed foundations and passive seismic walls to reduce transverse displacement demand on the existing bridge. Chestnut Avenue Grade Separation, Fresno County Project Engineer for a 4 span crossing over the Golden State Boulevard south of Fresno. Early on in the process, 1 recognized potential conflicts with current UPRR guidelines and Utility information and took the initiative to adjust our design and our project management strategies. For a project, which normally takes one full year, our aggressive project coordination efforts effectively, managed to handle the Utility effort and the coordination effort with UPRR to deliver the full PS&E design phase in 6 months. Faith Horne Road Overhead, Ceres Design engineer for a 695 -foot long by 49 -foot wide 4 span cast in place box girder bridge with a 48 degree skew which required special analysis and detailing for torsional effects. Additional consideration was given to future utility locations in both the superstructure and sidewalks. Tehama Avenue Bridge over Tehama Slough, Tehama County Project Engineer for a 3 span creek crossing, using a conventional reinforced concrete bridge with pier walls on spread footings. During the foundation investigation, the conventional pile foundation was eliminated due to constructability issues. John has been in the public sector of the real estate field for nearly 21 years, primarily working on highway and road projects. John has been with Inter -west L�i Consulting Group since 2005. He has a wide range of experience in managing coordinating and processing real property and relocation transactions, ensuring that all federal, state and local laws are met. John is skilled at managing right of way activities for road improvement projects; 5s Administration; soliciting, hiring and administering contracts for real estate professionals; directing on . the work efforts of consultants; initiating eminent domain actions; residential and - • business relocation advisory services; He and escrow coordination; reviewing acrEmonto,construction plans, appraisal reports, and design reports; and developing project schedules, charts and budgets. John held many different positions with Caltrans in the Right -of -Way Department, both at the Headquarters and District levels. He was Appraisals Chief, Utility Chief, 101104863 RW Coordinator, and Local Programs Coordinator. RELEVANT PROJECTS Clinton Keith Road/I-15lnterchange, City of Wildomar John was the Project Right of Way Agent in charge of acquiring the land necessary to construct the proposed Clinton Keith/115 Interchange in Riverside County. The project involved appraisal coordination, negotiations and overseeing the title/ escrow process. Caltrans recently certified the Right of Way which allows the County to proceed to construction. Sheldon Road/SR 99 Interchange, City of Elk Grove John served as the City's Interim Real Estate Manager in charge of overseeing the delivery of right-of-way for this project, which involved 41 acquisitions: 7 full - takes and 34 partial takes, including several complex acquisitions and numerous relocations of both residential and commercial properties. Close coordination with Caltrans was necessary to certify this project as well as meeting a very aggressive construction schedule. Folsom Dam Bridge Project, City of Folsom, John provided real estate acquisition services to the City of Folsom and the Army Corps of Engineers. This fast-track, multi-million dollar project required meticulous management of right-of-way activities, including the acquisition from two private property owners, as well as multiple federal and state agencies. This project had a very aggressive schedule and required close coordination with the Army Corp. and the City of Folsom. John also assisted in the preparation of the right-of-way certification for the Army Corps of Engineers. Julie has been involved with the management and delivery of public land acquisition and municipal real estate for 20 years, for both public and private «� sectors. Julie has been with Interwest Consulting Group since 2004. She has a - wide range of experience in the public sector of real estate including delivery of right-of-way and land acquisition for large public infrastructure projects, acquisition of municipal facilities, Flood protection, utilities, etc., and has been responsible for iiness Administration, managing and overseeing multi-million dollar real estate budgets on a number of large projects in the Sacramento region_ • She is skilled at developing acrd implementing policies and procedures to successfully improve customer satisfaction and project delivery in a time -efficient manner, and has expertise in negotiating and resolving sensitive, political, and controversial project issues. Julie provides technical assistance and support to ❑ large range of professionals, including engineering design teams and government leaders. In addition, she has been responsible for business development, project scope, fee determination, proposal preparation, contract negotiation, client anaf Right of VVay coordination, project presentations, and project management on a variety of high - .n end projects. 27 .. RELEVANT PROJECTS Folsom Dam Bridge Prefect, City of Folsom As the Project Manager, Julie provided full-service real estate acquisition services to the City of Folsom and the Army Corps of Engineers. This fast-track, multi-million dollar project required meticulous management of right-of-way activities, including the acquisition from two private property owners, as well as multiple federal and state agencies. This project had a very aggressive schedule and required close coordination with the Army Corp. and the City.of Folsom. Eureka Road/1-80 interchange, City of Roseville Julie was involved with overseeing the approisal process and negotiating the acquisition of real estate interests from 7 property ownerships. All of the acquisitions involved large commercial real estate interests, which made this prefect uniquely challenging. The acquisitions were necessary to widen portions of Eureka Road and to create additional turn lanes at North Sunrise. Sheldon RoadfSR 99 Interchange, Cityof Elk Grove Julie served as the City's Real Estate Manager in charge of overseeing the delivery of right-of-way for this project, which involved 41 acquisitions: 7 full- takes and 34 partial takes, including several complex acquisitions and numerous relocations of both residential and commercial properties. Close coordination with Caltrans was necessary on this project as well as meeting a very aggressive construction schedule. Grant Line RoadfSR 99 interchange, Cltyof Elk Grove This project was a critical transportation improvement project for the City of Elk Grove. Julie was responsible for the delivery of the necessary right of way to construct the new 5 -lane structure. The project involved the acquisition of various property interests from 38 property owners, including the relocation of two major service stations, a propane facility, a saloon and several small businesses. Project began in 2005 and was completed fall of 2008. Mike Johnstone is a Senior Technical Specialist with over 15 years of experience who currently manages a number of traffic signal and lighting design projects. Mr, F E H R t P E E R S Johnstone's experience includes preparing plans, specifications and Estimates for the design of traffic signals, highway lighting and sign illumination, street lighting, romp metering, and signal interconnect systems, signing and striping plans, as well as roundabout concept designs. Mr. Johnstone has completed projects in the cities of Lodi, Sacramento, Roseville, Elk Grove, Folsom, Dixon, and Winters, i Arts, Geology, University, Sacramentoand in Sacramento and EI Dorado Counties. He is proficient with AutoCAD and Microstation, the latest drafting software programs; AGI32, lighting analysis software; Autoturn, vehicle turning analysis software; and SignCAD, sign panel design software. RELEVANT PROJECTS • State Route 99/11arney Lane Interim Signals, Lodi (2 signals) • West Entry Parking Structure Signals, UC Davis (I signal, 1 signal modification) • CSUS Parking Structure #3 Entry Signal, CSU Sacramento • Douglas Road Widening, Rancho Cordova (2 signals, 3 signal conduitplans) • Barrett Ranch, County ofSacramento (2 signals) • Power inn Sam's Club County of Sacramento (i signal, 2 signal modifications; and street lighting) • State Route 505/Russell Boulevard Signal, Winters • Fiddyment Ranch, Roseville (7 signals) • 1-80/Eureka Road Improvements, Roseville (2 signal modifications and fighting) Auburn Boulevard improvement Project, Citrus Heights (2 signal modifications and lighting) • Cirby WaylRoseville Road improvement Project, Roseville (6 signal modifications) 1-5/Louise Avenue Traffic Signals, Lathrop (2 signal modifications) • 1-5/Lathrop Road Traffic Signals, Lathrop (2 signals) • f-SfDei Paso Road Interchange Signalization, Sacramento (2 signals) Market and I oth Street TrafficSignat Colusa (I signal and streetlighting) Mitchell Read/Don Pedro Road Traffic Signal Installation, Ceres • Greenback Lane/Mariposa Avenue Traffic Signal Modification, Citrus Heights Kristin D. Calia, P.E., T.E., is a Senior Associate with Fehr & Peers. Ms. Calix has a Bachelor of Science degree in Civil Engineering from California Polytechnic F E H R t P E E RS State University, San Luis Obispo. She is a Registered Civil Engineer and Traffic Engineer in the State of California and a Registered Civil Engineer in the State of Washington. She has over 15 years of traffic engineering experience and has been working for Fehr & Peers for 12 years. Ms. Calix specializes in traffic signal and lighting system designs and roadway signing and striping and has been responsible i Civil Engineering California f -technic State Un:versity, San ar the design of hundreds of traffic signals throughout California. tuts. Calix Obispo, 1993 has designed and managed projects ranging from single traffic signal designs to projects involving several interchanges. She has worked extensively with local agencies and Caltrans. Ms. Colia's professional experience also includes Intel€igent -62461 Transportation System (ITS) designs, traffic operations analyses, traffic impact -P21 83 studies, safety studies, and access and circulation studies. RELEVANT PROJECTS • State Route 99/Harney Lane Interim Signals - Signals - Lodi) • Lower Sacramento Road Widening - Harney Lane to Kettleman Lane - Signal, Interconnect - Lodi • Lower Sacramento Road Widening - Kettleman Lane to Turner Road - Signals - Lodi • Lower Sacramento Road Improvements - Turner Road to Woodbridge Road - Lighting - San Joaquin County • Hammer Lane Phase N - Signals and Lighting -Stockton • EI Dorado Street Improvements - Signals, Lighting, Signing, Striping - Stockton • 1-5/County Road 102 Interchange - Signals, Lighting, ITS- Woodland • Antelope Road Widening - Signals and Lighting - Citrus Heights • Sheldon Road Widening - Signals and Lighting - Elk Grove • State Route 99 Widening - Signals, Lighting, ITS - Manteca Judith Buethe, founder and owner of JBC, has more than 32 years of private and public sector experience in public relations and consensus building. Judith designs and implements effective strategic public involvement plans, project team communication plans, public meetings and open houses, public outreach and education, cross-cultural communications, social marketing, meeting facilitation, stakeholder identification, media relations, newsletters, direct mail campaigns, Behavioral I advertising, events (large and small), consensus development, and staffs Hotlines. She has designed and facifitated formal focus groups, regional surveys, and walked �lersity of Californ a, door-to-door in mobile home parks to survey tenants and satisfy environmental justice requirements. She has served as a hearing officer. 'an Fra ncisco RELEVANT PROJECTS Relevant Public Outreach and Public Participation Programs Among the more than 300 public participation programs designed and ricil, Inc. implemented in the Central Valley and Foothills are these: North County Corridor Project Route Adoption and PA -ED. Developed a Team Communications Plan and developed and implemented a strategic Community Outreach Plan for both phases for this project, which has elicited keen interest in the community. In addition to ensuring that NEPA/CEQA requirements for outreach have been met, Judith has coordinated all logistics, media relations, and notifications for public meetings, workshops, and hearings. She has also served as a hearing officer and organizes and facilitates quarterly meetings of a Community Focus Group of people representing various community interests. SR -132 West Freeway/Expressway., Developed and implemented a strategic Community Outreach Pian for this long-awaited project. Judith has coordinated all logistics, media relations, and notifications for public meetings. She also organizes and facilitates quarterly meetings of a Project Implementation P#an group representing community interests. NEPA/CEQA requirements for outreach and environmental justice needs are being met - Homey Lane Specific Plan: Guided development of public outreach communications plan and its successful implementation. Tom' Walker has inure than TO years of :experience as a .Bridge Design Engineer. 7qMHis responsibilities include preporing fridge advance planning studies, bridge type selection 'reports, bridge desiigri calculations and plan preparation for freeway interch-ange.strodures and bridge retrofits. Ton4 experience inc€'udes preparation of design colculotioris,:pl.ans, specifications=and estimates For numerous tronsportativri structure projects including various designs of bridges, pump stations, retaining WdRt and-soundwall'_ He has extensive knowledge of numerous ate University, San computer applications including CTBRIDQE, 5EISAB seismic bridge analysis program, Enercalc structural analysis and RISA 3D. RELEVANT PROJECTS Stevens Creek Trail & Pedestrian Bridge - Reach 3, Mountain View Structures Engineer responsible for preparing the plans, specifications and estimate package for this two-mile long pedestrianlbike-trail.. Project included desinging three steel truss bridges over Stevens Creek, 6 1_,200 -foot long steel multi span truss bridge over UPRR, Central Expressway and Evelyn Avenue and a tie -back wall underthe Route 85 bridge. Responsibilities included ccncep#development, quality control, PS&E submittal and constructability review. Atwater -Merced Expressway PS&E, Merced County Bridge Engineer responsible for preparation of the Advance Planning Study for five new structures as part of the new expressway. Structures include overhead structures at BNSF railroad and SRI 40, UPRR Railroad and SR99, and a replacement structure at Buhach Road and SR99. Responsibilities include bridge layout, investigation of structure alternatives and preparation of general plans, estimates, and planning study report following Caltrans guidelines. 1-801680112 Interchange PR/ED, Solano County Bridge Engineer responsible for the preparation of the Advance Planning Studies for 40 new structures as parr of the interchange replacement project study. The studies included long elevated connector structures, creek bridge replacements and UPRR overpass structure. Responsibilities included bridge layout, investigation of structure alternatives and preparation of general pians, estimates, in accordance with Caltrans and FHWA guidelines. Route 4.. Bypass Segment 7- Pa -ED, PS&E, Contya Costa County ,Bridge Design Engineer for a four -span, post-tensTbon #tax girder bride. Res{ ansibilities included preliminary design, prepard-fio r of advance planning study, bridge type selection, final structural design cailculdtion§i details and estimates for oil bridge components. Harkins. Slough Road Bridge over Struve Slough West Branch PS&E, Watsonville Project Engineer Responsiblefordosignirig a HBP funded, five -spore precast coricrete .girder bodge over Sturve, Slough West Brtxneh. Responsible for preparing Bridge Type Selei-tivh Reports, f?S:&E and coordination with roadway. engineers and other consultatrts to develop detalls.to support utilities'on I.he: brirdge. Coyote Creek Bridge Replacement at.1-880, San Jose Bridge Design Engineer responsible for Type Selection. Rep art and d®sign of 550 -foot long bridge replacement including design cal cuiations..A'" buib-tee" superstructure was used to expedite construction over can enriironrnentally sensitive creek habitat. Julie Passalacqua has more than eight years of experience as project engineer and design engineer designing and preparing details and quantities for bridge ( engineering construction projects. Her responsibilities include the structural design and analysis of bridge structures and retaining walls, production of contract docurnents, advance planning studies, shop drawing reviews, and field investigations. iqireeririg,RELEVANT PROJECTS North Stockton Railroad Grade Separations and Bridge Replacements PS&E, Stockton Structures Project Engineer responsible for six structures in North Stockton. Structures include a single -span, post -tensioned cancrete box girder overheord, a three -span, posmensioned concrete box girder overread, a three -span reinforced concrete box girder overhead, a two -span steel plate girder with concrete deck underpass and two post -tensioned voided concrete slab bridges. North Stockton Railroad Grade Separations and Bridge Replacements PA -ED, Stockton Structures Project Engineer responsible for preparation of Advance Planning Studies for six structures in North Stockton. Structures consist of one railroad underpass, three railroad overheads and two creek crossings. Louver socramento Road Bridge over Bear Creek, Stockton Structures Project Engineer responsible for three -span, 153 -foot long, cost -in-place, post -tensioned concrete voided slab replacement bridge. Responsibilities included overseeing structure design and independent check, along with plan, estimate and specifications preparation- Proiect involved significant coordination with the US Array Corps of Engineers (USACE) and the San Joaquin Area Flood Control Agency (SJAFCA). Lower Sacramento Road Bridge over Pixley Slough, Stockton Structures Project Engineer responsible for two -span, 82 foot long, cast -in-place prestressed concrete voided slab replacement bridge. Responsibilities included preparation of the structure type selection, design and independent check, along with plan, estimate and specifications preparation. This project involved significant coordination with the various resource agencies including the US Army Corps of Engineers and the Central Valley Flood Protection Board- Cohasset Road Widening & Bridge Replacement PS&E Chico Structures Design Engineer responsible for independent structure design, layout and plan preparation check for bridge replacement structure. Structure consists of a three span, 90 -foot long, cast -in-place, reinforced concrete slab bridge with stage construction, which replaced the existing vehicular bridge and adjacent bicycle bridge. Abernathy Road Bridge overLedgewood Creek PS&E, Solano County Structures Design Engineerforthis bridge replacement structure consisting of a single span, 43 -foot long, Gast -in-place, reinforced concrete slab. Also investigated a precast, voided concrete slab bridge option for the Type Selection Report. Responsibilities included structure layout and desing, including stage construction. Jeff Nettleton has more than six years of experience in municipal and transportation engineering. He has served as design engineer on numerous projects, including 6 focal roadway and intersection improvements. His experience includes geometric design, drainage design, utility coordination and the preparation of plans, specifications and estimates. RELEVANT PROJECTS Harney Lane1UPRR Grade Separation PA -ED, Lodi Design Engineer responsible for preparation of geometric exhibits and preliminary estimates including preparing various alignment designs, profile designs, and estimates. Other responsibilities included preparing exhibits for public meetings, utility coordination, and coordinating with various agencies. HarneyLane/UPRR Grade Separation Feasibility Study Report, Lodi Design Engineer responsible for preparation of geometric exhibits and preliminary estimates including preparing various alignment designs, profile designs, and estimates. Other responsibilities included utility coordination and preparing feasibility study. Eight Mile Road/UPRR Grade Separation, Stockton Design Engineer responsible for the development of a PS&E package for the widening and grade separation of Eight Mile Road in the north Stockton area. Improvements included the widening of Eight Mile Road to eight lanes for a stretch, four lanes in others, and then conforming to a two-lane road. Prosect challenges included coordinating with UPRR as well as local and state flood control boards, and incorporating bicycle- and pedestrian -friendly designs into a major arterial thoroughfare. North Stockton Railroad Grade Separations/bridge Replacements PA -ED, Stockton Design Engineer responsible for preparation of geometric exhibits and preliminary estimates including preparing various alignment designs, profile designs, and estimates. Other responsibilities included preparing exhibits for public meetings, utility coordination, and coordinating with various agencies. Lathrop Road/Union Pacific Railroad Westerly Grade Separation and Lathrop Road Widening PA -ED, Lathrop Design Engineer responsible for preparation of geometric exhibits and preliminary estimates including preparing various alignment designs, profile designs, and estimates. Performed utility coordination and prepared project Project Engineer responsible for preparing a feasibility study for the grade separation at Harney Lane/UPRR. Multiple alternatives were developed and the study included cost estimates, design challenges, scheduling, and recommendations- ShowAvenuelilPRR Grade Separation -Preliminary Engineering, Fresno Design Engineer responsible for preparation of geometric exhibits and preliminary estimates including preparing various alignment designs, profile designs, and estimates. Performed utility coordination and prepared project memos. Harney LanelHam Lane Traffic Signal Improvements, Lodi Project Engineer responsible for a PS&E package for the signoliaation of Horney Lane/Ham Lane. A key project challenge was the very aggressive schedule to have the project advertised three weeks offer the design contract was awarded. Derek Minnemo has 10 years of experience designing transportation projects with MTCo. Derek has completed a variety of different projects including railroad grade separations, road widenings, streetscape projects, intersection modifications with traffic signals, highway interchanges, bridges, and alignment planning studies. Derek is knowledgeable in both the local agency and Caltrans project development processes and has successfully delivered projects with very aggressive schedules igineerinCalifornia and significant public outreach efforts. In addition to working as a project manager ' at MTCo, he served as a Trustee on the American River Flood Control District for 8 Sacramento years, giving him unique insight and knowledge of the central volley's flood control challenges. RELEVANT PROJECTS Harney Lane/UPRR Grade Separation Feasibility Study Report, Lodi Project Engineer responsible for preparing a feasibility study for the grade Floodseparation at Harney Lane/UPRR. Multiple alternatives were developed and the study included cost estimates, design challenges, scheduling, and recommendations. Grant Line Road/UPRR Grade Separation PS&E; Elk Grove Project Engineer responsible for the development of a PS&E package for the widening and grade separation of Grant Line Road in the City of Elk Grove. Improvements included a new 4 lane rood and railroad overhead connecting the recently constructed SR 99/Grant Line Rood interchange and the recently constructed realignment of Waterman Road. Project challenges included coordination with Union Pacific Railroad, numerous utility relocations including high voltage overhead transmission towers, a high-pressure petroleum pipeline, water transmission lines, and a sewer trunk line relocation. Eight Mile Road/UPRR Grade Separation, Stockton Project Engineer responsible for the development of a PS&E package for the widening and grade separation of Eight Mile Road in the north Stockton area. Improvements induded the widening of Eight Mile Road to eight lanes for a stretch, four lanes in others, and then conforming to a two-lane rood. Project challenges included coordinating with UPRR as well as local and state flood control boards, and incorporating bicycle- and pedestrian -friendly designs into a major arterial thoroughfare. Lower Sacramento Road/UPRR Grade Separation, Stockton Project Engineer responsible for the development of a PS&E package for roadway widening and grade separation at Lower Sacramento Road. improvements included a new underpass for a six -Ione rood, a new pump station, and roadway realignment. Significant project elements included coordinating with UPRR for work that included a shoofly track for construction, designing retaining walls, coordinating with an artist and implementing aesthetic designs, and incorporating bike and pedestrian friendly designs into a major arterial thoroughfare. HarneyLane/Hare Lane TraffrcSignol Improvements, Lodi Project Manager responsible for a PS&E package for the signali=ation of Homey Lane/Hom Lane. A key project challenge was the very aggressive schedule to have the project advertised three weeks after the design contract was awarded. Philip Vulliet has more than eight years of experience in municipal and transportation engineering. He has served as design engineer on numerous projects, including local roadway, grade separation, intersection, and interchange improvements. His experience includes geometric design, drainage design, PUC/ UPRR coordination, utility coordination, construction support, construction staking, general cross sections, and the preparation of plans, specifications and estimates. RELEVANT PROJECTS Harney Lane/UPRR Grade Separation PA -ED, Lodi Senior Project Engineer responsible for day to day project management including meeting with project stakeholders, assisting with determination of environmental impacts, development of project alternatives including estimated cost and right of way impacts, analysis of vehicular and truck movements within proposed alternatives, correspondence with members of the public at public meetings, scheduling, facilitation, and recording of PDT meetings, and layout of preliminary geometries and 3D models. Lower Sacramento Road Widening, Tumer Road to Woodbridge Road PS&E, Woodbridge Design Engineer responsible for generation of general cross sections, quantity takeoffs, and construction cost estimates for roadway widening, new ADA facilities, and new curb and gutter Vintner Square Shopping Center (Route 12) PSM, Lodi Design Engineer responsible for construction staging/traffic handling, drainage system design, general cross sections, construction details, and roadway grading plans for civil design of roadway improvements to accommodate development of new shopping center. Watt Avenue tight Rai! Transit Grade Separation PS&E, Sacramento County Design Engineer responsible for parking lot layout, parking lot grading, utility coordination, geometric roadway design, drainage system design, drainage analysis, construction staging/traffic handling, signing and striping plans, roadway grading plans, and subcontractor coordination for project to provide a grade separation structure for light rail tracks, station and parking lot improvements, and roadway widening and improvements. Grant Line Road/Route 99 Interchange & Overcrossing Reconstruction PSR, PRIED, PS&E, Elk Grove Design Engineer responsible for drainage system design, hydrological/watershed analysis, and cost estimates/quantity takeoff for design of new interchange. Sacramento Regional Transit SSM -Civil Track& Structure PSM Design Engineer responsible for station modification, parking lot layout, site grading, site drainage, geometric roadway design, roadway grading plans, engineering quantities and estimate, and subcontractor coordination for project to extend light rail service from its existing southerly terminus at Meadowview Road to the Cosumnes River College campus. Hammer lane Widening Phase /if, Kelly Drive to Thornton Road PS&E, Stockton Design Engineer responsible for production of plan sheets, generation of engineers estimate, design of drainage facilities, grading details and coordination of plan review process. Matt Brogan has more than 12 years of experience in municipal and transportation engineering. He has served as project manager and project engineer on numerous projects, including bridges, local roadway improvements, highway interchanges, bicycle facilities, civil related transit improvements, streetscape designs, and downtown infrastructure improvements. Matt has completed a variety of different projects and has extensive experience with Caltrans facilities and local agency gineering, Neve improvements. He has experience ranging from completing interchanges with University, 1998 Caltrans approval to streetscape/infrastructure projects within historic downtown a reas. RELEVANT PROJECTS Washington Boulevard Pedestrian Underpass PS&E, Roseville Project Engineer responsible for design oversight, extensive coordination with the City and subconsultants, oversight for production of concept aesthetic and lighting plans, and development of final PS&E for development of a preliminary concept and final PS&E for beautification of Underpass, which extends under UPRR rail yard. Fast-track project consisted of working with City and community members to develop a concept that provided improved aesthetics, lighting, and artwork within the Underpass. Sacramento Regional Transit SSCP2-Civil Track & Structure PS&E Project Manager responsible for managing civil design team including utility coordination, station modification, parking lot layout, site grading, site drainage, geometric roadway design, roadway grading plans, engineering quantities and estimate, and subcontractor coordination for project to extend light rail service from its existing southerly terminus at Meadowview Road to the Cosumnes River College campus. The project includes five (5) new grade crossings, drainage/water quality treatment features, and a significant number of utility relocations, including relocations of 69 KV and 230 KV electric towers. Riverside Avenue Streetscape /infrastructure improvements PS&E, Roseville Project Manager for this project to replace existing curb, gutter, sidewalk, provide streetscape and landscape improvements and construct a new roundabout on Riverside Avenue. Project includes construction of bulbout islands for pedestrian safety, new storm drain, water and sewer systems, new bus facilities, additional parking and modifications for new driveway locations. Historic District Streetscapellnfrastructure Improvements PS&E, Roseville Project Manager for project to repair substandard cross -slopes, and degraded pavement areas. Project also includes construction of new curb, gutter and sidewalk, raised crosswalks and islands for pedestrian safety, new storm drain system, additional parking and extensive landscape/streetscape features to improve the aesthetics of Historic Roseville. Project also included extensive community and property owner outreach. 10th Street& Market Street Intersection Improvements& Signalization Phasef PS&E, Colusa Project Manager currently beginning the preliminary design phase of a $1.6 million first phase to construct a signal, minor widening at the intersection, and construct pedestrian "refuge" areas along the crosswalks. Aesthetics will include decorative crosswalks and signal poles and an entry feature or plaza at the entrance to Memorial Park. Rob Himes has more than 25 years years of experience in municipal and transportation engineering with MTCo. Rob is a Principal of the firm and specializes in all aspects of transportation projects ranging from feasibility studies to construction documents. Rob is experienced preparing project reports, project study reports, and concept approval reports. In addition to acting as project manager, he is currently an instructor for the University of California Berkeley Extension teaching Caltrans Geometric Design/Process. RELEVANT PROJECTS Harney Lane/UPRR Grade Separation PA -ED, Lodi Principal in Charge/Project Manager responsible for meeting with project stakeholders, assisting with determination of environmental impacts, development of project alternatives including estimated cost and right of way impacts, analysis of vehicular and truck movements within proposed alternative, correspondence with members of the public at public meetings, scheduling, facilitation, and recording of PDT meetings, and layout of preliminary geometries and Sharpie hand sketches. Lower Sacramento Road Widening, Harney Lane to Kettleman Lane PS&E, Lodi Project Manager for the widening of 2 miles of Lower Sacramento Road from two to four lanes from Harney Lane to Kettleman Lane. The project was phased to construct improvements to the Woodbridge Irrigation District (WID) Canal during the winter when the canal was empty. Improvements included evaluating the structural integrity of the culvert at Lower Sacramento Road, extending the existing culvert by 70 feet, three retaining walls at various locations, designing aesthetic barriers and wrought iron fencing and gates, and relocation of a water line. Roadway design included new curb, gutter and sidewalks, reconstruction of five signalized intersections, rubberized asphalt concrete overlays and wide landscaped medians. Harney LanelRoute 99 CombinedPSRIPR, Lodi Principal in Charge responsible for overseeing the project team and preparing a PSR/PR for improvements to mitigate the traffic impacts due to the proposed retail development in the southwest quadrant and to accommodate future development. Improvements include replacement of the Route 99 overcrossing, .,widening Harney Lane, relocating the overhead utility lines, and realigning the west frontage road south of Harney Lane to accommodate the new southbound on-ramp. North Stockton Railroad Grade SeparationslBridge Replacements PS&E, Stockton Principal in Charge responsible for the preparation of technical reports and defining the proposed improvements for final design. Improvements consist of roadway widening, bridges for grade separation and creek crossings, traffic signal and street _ lighting layout, aesthetic treatment, and hydrology and drainage report. Grant Line Road Grade Separation & Widening PS&E, Elk Grove Principal in Charge of project which will widen Grant Line Road from Survey Road to Bradshaw Road to accommodate planned growth in southeast Sacramento County. The project will also include the construction of a grade separation over the UPRR, and the realignment of Waterman and Bradshaw Roads to improve the intersection geometries. Traffic signals will be constructed at those intersections as well. An Environemntal impact Report was prepared by others with support provided by MTCo. Watt Avenue Light Rail Transit Grade Separation PS&E, Sacramento County Principal in charge responsible for design of a light rail overcrossing over Watt Avenue on Folsom Boulevard. The project included reconstruction and landscaping at the intersection of Watt Avenue/Folsom Boulevard. `"dddC"' 2 � � •' dr dam, : I.x C '�• :' c 3 �* e � v c �S b S K O. C m0 �. O C'n. -�.. �-�mi 0-2 '•" s O1 u_ Q .GI m p �G {+ Y [7. � ro-�' z o is=.�� _ �• f7•• ra G7'5�;�:;: L7 � a ¢ � � ti � Ufa - 5: , • ': t � - o'er � v.5 �-` r +SY•, C- ]f � .- C rte`: tea -:g' nU`eo 53'0' N ' G aA'.'., o r `� a .•` ..` a.._ __ .°. ' ,3 �4 .. �. The ability of the MTCo team members to work as on extension of our clients` staff to comptete successful designs and gain project approvals has allowed us to build and maintain strong trust -based working relationships. We have identified clients from local agencies for whom we have completed a number of projects similar to the Harney Lone Grade Separation PS&E. We encourage you to contact each of our references, who will verify MTCo project manager Rob Himes' dedication to technical excellence and client service, and our team's ability to complete similar projects on time and within budget, with adaptive measures to changing project demands. North Stockton RR Grade Sep. Grant Line Road/SR 99 Interchange Lower Sacramento Road & Overcrossing Recon. over Bear Creek CONTACT: Wes Johnson, City of Stockton, tel. (209) 937-8088 DATE: 2007-2010 STAFF: Rob Himes, Derek Minnema, Jeff Nettleton, Julie Passalacqua Thornton Community Improvements CONTACT: Jeff Levers, San Joaquin Co., tel. (209) 953-7631 DATE: 2009 -Present STAFF. Jan Stanley SR 99/Harney Lone Signals CONTACT: Lyman Chang, City of Lodi, tel. (209) 333-6800 DATE: 2009-2011 STAFF: Kristin Calia, Mike Johnstone 1-15/Clinton Keith Road Interchange CONTACT: Frank Oviedo, City of Wildomar, W. (951) 677-7751 DATE: 2009-2011 STAFF: Julie Cline Raif Maintenance Facility CONTACT: Stacy Mortensen, Son Joaquin Regional Rail Commission, tel. (209) 944-6220 DATE: 2009 -Present STAFF: Valerie Pennino CONTACT: Gary Grunwald, City of Elk Grove, tel. (916) 478-2236 DATE: 2004-2009 STAFF: Rob Himes, Phil Vulliet, Derek Minnema, Jeff Nettleton, Julie Passalacqua North Stockton RR Grade Sep. CONTACT: Eric Alvarez, City of Stockton, tel. (209) 937-8228 DATE: 2010-2011 STAFF: Jan Stanley Cirby Way/Roseville Road Improvements comAcT: Jason Shykowski, City of Roseville, tel. (916) 746-1300 DATE: 2008-2009 srAFF: Kristin Calia, Mike Johnstone Kings Beach Commercial Core Improvements CONTACT: John Weber, County of Placer, tel. (530) 745-7564 DATE: 2011-2012 eoNTAcr- Erik Alvarez, City of Stockton, tel. (209) 937-8228 DATE: 2007-2010 STAFF: Rob Himes, Derek Minnema, Jeff Nettleton, Julie Passalacqua SR 99/Hammer Lane Interchange/ SR 99 Widening CONTACT: Bob Murdoch, City of Stockton, tel. (209) 937-8400 DATE: 2005-2008 STAFF: Jan Stanley Auburn Boulevard Improvements coNTACr: Stuart Hodgkins, City of Citrus Heights, tel. (416) 727-4734 DATE: 2008 -Present srAFF: Kristin Colic, Mike Johnstone Grant Line Rd/SR 99 Interchange coNTAcr. Richard Shepard, City of Elk Grove, tel. (916) 683-7111 DATE: 2005-2008 STAFF: Julie Cline, John Almazan STAFF: Julie Cline RTD Downtown Transit Center, Mall ADM Sweetener Distribution Center Transfer Center CONTACT: Donna DeMartino, San Joaquin Regional Transit District, tel. (209) 948-5566 ext.615 DATE: 2007-2009 s-rmF: Valerie Pennino CONTACT: City of Lodi, Community Development DATE: 2007-2009 STAFF: Valerie Pennino INTERWEST CONSULTING GROUP Folsom Boulevard Streetscape Civil Engineer - City of Rancho Cordova (916) 851-8700 Rancho Cordova This .proiect involved.:9:commerciol prdpeities,, includifog. c me;mini-rrsar_VgW station, one auto tune-.uo %sines c-ind ane stordgs {�ici(i(fi This. ur'i;que`,r..l�oilerpes associated with this project involved complex acquisifia• ns.�sf commercial properfig. This pro eft fnvolved acq'u,ieing the hecessi'ry> real Pr: 5 - . nghis fa improve the siafewdlks an landsca};Ing along. Folsom 8aultward in o Cordova. Eureka Rood/1--$0 Interchange Clie�eferance_ wervnn)es, Senior Engineer - City of Roseville (916) 746-1300 InteAnnticipinugted 2011 rwest wns involved with averseeFng the apgrgi'spl proEess::.crnd negotiating e , , the K1vfri§Rion of real estate irifBlE44i55 #ram seven property ownerships, A{I of the ve�isrtrs�rrs-involved large:camltrrtsal Real E3tisf$ interests, ctrhich made this proiect uriigtfl�i cFiallenging. Tfie oocc�etisitions were necessary to widen portions o€ l ure[ca Rstcel and' to create adi�rtiona[ fum Innes at Noi#ii Sunrise: APEX CIVIL ENGINEERING Duncan Creek Bridge Client Reference: Steve Sanders, SAGE Geotechnical (916) 729-8050 PENNING DESIGN GROUP Placer Ccunfy Staff augmentation providing bridge techrntga( experlise to d.ge' s)Sftctural frim far Ihd production of the structural technical - Specifications, qualtty.�& o) atcd.-cor�siruetti6_ili reviews of the contract documents for can.ernergenc replek:d nt= flq ttq_ culvert- The project included cast in plcsce abulmenis, rock slope protsclion and a foot wide by 75 foot long weathered steel;,Oirdar bridge. " Analysis: Upon reviewing the .fans and specifications of a precast slob option, our QC reviewer recommended changing the proposed option to a prefabricated bridge type. This reduced the construction window and satisfied design standards. SJRRC Rail Maintenance Facil'sty 5lockton P E N N I O .ENNROU btl�F�li� Rancho Cordova This .proiect involved.:9:commerciol prdpeities,, includifog. c me;mini-rrsar_VgW station, one auto tune-.uo %sines c-ind ane stordgs {�ici(i(fi This. ur'i;que`,r..l�oilerpes associated with this project involved complex acquisifia• ns.�sf commercial properfig. This pro eft fnvolved acq'u,ieing the hecessi'ry> real Pr: 5 - . nghis fa improve the siafewdlks an landsca};Ing along. Folsom 8aultward in o Cordova. Eureka Rood/1--$0 Interchange Clie�eferance_ wervnn)es, Senior Engineer - City of Roseville (916) 746-1300 InteAnnticipinugted 2011 rwest wns involved with averseeFng the apgrgi'spl proEess::.crnd negotiating e , , the K1vfri§Rion of real estate irifBlE44i55 #ram seven property ownerships, A{I of the ve�isrtrs�rrs-involved large:camltrrtsal Real E3tisf$ interests, ctrhich made this proiect uriigtfl�i cFiallenging. Tfie oocc�etisitions were necessary to widen portions o€ l ure[ca Rstcel and' to create adi�rtiona[ fum Innes at Noi#ii Sunrise: APEX CIVIL ENGINEERING Duncan Creek Bridge Client Reference: Steve Sanders, SAGE Geotechnical (916) 729-8050 PENNING DESIGN GROUP Placer Ccunfy Staff augmentation providing bridge techrntga( experlise to d.ge' s)Sftctural frim far Ihd production of the structural technical - Specifications, qualtty.�& o) atcd.-cor�siruetti6_ili reviews of the contract documents for can.ernergenc replek:d nt= flq ttq_ culvert- The project included cast in plcsce abulmenis, rock slope protsclion and a foot wide by 75 foot long weathered steel;,Oirdar bridge. " Analysis: Upon reviewing the .fans and specifications of a precast slob option, our QC reviewer recommended changing the proposed option to a prefabricated bridge type. This reduced the construction window and satisfied design standards. SJRRC Rail Maintenance Facil'sty 5lockton FEHRtPEERS JUDITH BUETHE COMMUNICATIONS North Stockton RR Grade Separation 'kton Client Reference. Eric Alvarez, Engineering Services Manager - City of Stockton (209) 937=8228 This p.. roject includes construct�ivn of three grade. eporaiions. JBC's strategies for efFee�ive public outreach have in_ciuded a ggraurldit, _a ng ceremony; tenants, and of a pertli'rent datoibase; notifications of road diowieis iv'pxoperty media; .and• newsletters. Client Reference: Wdlly Sandelin, Public Works Director - City of Lodi (209) 333-6709- FEHR & PEERS Bueihe Communications -CM coded stakeholder list; identi media relations; wrote;. coot of-lagati'd and all prime m+ staffed Hotlines•andmaintaii wp lutes top' pp10q Web site. and created.detail;ed reports businesses. on overall' v Goniacr tog; a1rr,ueva b special rioter Jun Stanley t9 -cine -on -one meetings sfor Lodi owners and State Route 99/1-1amey Lane Signals Client Reference: Lyman Chung -City of Lodi Public Works Department (209) 333-6800' - Fehr & Peers managed. the: design of plao's, spedfic>iM&s-mild At i'iriaf� f6e+6 Ebst . Homey Lone/South- Cherokee Line and East Horney.lp EEast Frontage Hood traffic signal installations. The des"sggn was processed -as pa t' an :encreachment t ermit pack clge and involved coordination iw#h• Caltrans District 1-O'an[l ilia- City o � l,adj. The design was completed in 2010. Cirby Way/Roseville Road improvement Client Reference: Jason Shykowski - City of Roseville Public Works (916) 746-1300 Fehr & Peers prepared the plaits; designs associated with the Orby The project involved significant cc design included traffic :signal rno� Vernon Street, Orb y Way/Northris Riverside Avenue, Fehr &: Peerspr using hider optic -oublee'on Cirby on Riverside +venue=frond Qarling the plan's for a 5- nal modsficafiai intersecfion� which is a Caltrans ii ove,&,6 &3 gri illurrrinsition ran iti cations; and estirnates for the traffic signal QoseviRe Etoad Improvement Project in Roseville. ration with at�yyr._as iwili as Caltrans, staf . The ans r(Cir6v V'oy�/�Rosev'ilEe'Road, Cirby WQyI ri*' Cirb•.- Wa"�Mekz -Lane, drid Cl y Vdayrl d.the design o{ the trvFFe signal interconnect, oo Rosevile Road to•: Rives^ & Avenue and to:Irrtsrstate 80. Fehr & Peers also prepared e Riverside Av.enue/1-80 westbound romp etinn, and prepared the eiectrlcal design for Tian' 40a8le message sign. Harney Lane Specifyc Plan Client Reference: Wally Sandelin, Public Works Director - City of Lodi (209) 333-6709 Clferit lafeeeni�'�i'ter ... - t•- :.._ -- _ k L r � LL Lodi P 6f Lodi hired MM to prepare o Specific Plan for Homey Lone from edge -ef'the Reynolds Ranch development to the western Gty limits. The Plarti defined lane configurations along Harney Lane and the intersedngt sfgnWAzed'irstersectIbrt lec6tioris and access points to existing and eveiapiiTe - ts; mfr eerucfure needs'to accommodate future and existing ment, right of way ,and absement needs for the proposed improvements -itified special features such as retaining walls and customs driveways. cific Plan complied with Sections 65450 — 65457 of the Government hick states that a Specific Plan needs to be consistent with the adopted Plan. MTCc, then assisted the City and Dyett & 6hotio (the City's Plan consultant) to make sure the General Plan Update was consistent proposed Harney Lane Specific Plan. Challenges: The project included mopping rules of existin public wdiy:and then setting proposed right of way Lased an detailed geometric p -t 6f the. planned improvwhd ifs.. fVlTCv also..: attended two public pt 3Nthe?e (}111�1iC input �yois solicited dti�! inCi9i pbrQtSd into the plan. B SepQfQtlOri __� • • ImprovementsProjecF Marwger if of StockFon?•a a r .., Morada Lane in north Stockton currently runs east -to -west, connecting Route 99 to West Lane and then has a dead end just west of West Lane. As future development occurs in the area Morada Lane will need to be extended and connected to Lower Sacramento Road. MTCo was selected by the City of Stockton to perform alternative- analysis, environmental documentation and a detailed Geometric Approval Drawing (35% design) for the project. This effort has allowed the City to plan for future right of way and road network needs so that it can condition future development appropriately. MTCo analyzed } alignments, road - — connections, future drainage requirements, irrigation canal impacts, and connections to the ,�F=-.s,'�'- • .,. L nearby Class i bike �" •: �' path. At this location r -• - •� a two active tracks are present which requires special consideration - - to the bridge falsework design. Homey Lane/UPPR Grade Separation Feasibility Study Report Client Reference: Wally Sandelin, Public Works Director - City of Lodi (209) 333-6709 LST' Lodi , The City of Lodi is currently adopting a Specific Plan for Harney Lane which would classify it as a four lane divided arterial. Future development in the area will increase traffic congestion on this roadway and without a grade separation traffic delays would increase exponentially with the current at -grade crossing. MTCo was hired by the City to look at different alternatives to grade separate this crossing. MTCo prepared a technical report for the City in which several different alternatives were examined and analyzed to help the City define the project's scope and funding needs of the project. The report included a list of pros and cons for each alternative, preliminary layout, cost estimates and an overall recommendation for the next steps of the project. Unique Challenges: With each alternative there were several challenges and requirements that needed to be met. Some of those challenges included utility relocation, conforming to existing intersections, identifying and then minimizing impacts to adjacent property owners, and relocating access to Harney Lane for several business and residential driveways. Ham Lane/Harney Lane Intersection Signalization Project C!ient Reference: Wally Sandelin, Public Works Director - City of Lodi (2091333-6709 As part of the Harney Lane Specific Plan, this project will install a new traffic signal at the intersection of Ham Lane and Harney Lane, which is ranked as the highest priority on the City's Signal Priority List. As the civil subconsuitant to Y&C Transportation Consultants MTCc, is performing design of the traffic signal and lighting project. Linder an aggressive schedule, the project will construct interim signal and lighting improvements, with subsequent signal improvements constructed as development occurs to the south of Homey Lane. The proposed interim improvements will provide an LDS of no less than LOS Q through 2023. SR 99/Homey Lane Interchange Interim Improvements Client Reference: Wally Sandelin, Public Works Director - City of Lodi (2091333-6709 Lodi Grant Line Road/UPRR Overhead Grade Separation Elk Grove Client Reference: Gary Grunwald, Senior Pralect Mdiicget - City of Elk Grove (9161 478-2236 Grant Line Road is a heavily -- ! travelled east -west connector road and a major truck route in the Elk Grove area that connects State Route 99 to Rancho Cordova. Past growth and development in the Elk Grove area fueled the increase in traffic on Grant Line Road and generated the need to grade separate the crossing with the l _ Union Pacific Railroad (UPRR). This project is planned for an eight lane facility in the General Plan F% but currently is being constructed }x'`'� /ir' to four ]trues. The bridge as well as dreina. a corn ponem were till designed a ftityre.-wideniing: Multiple aligrtmer:ts.ant€ staging a7ceis were an and all options required' ■ analysisof the, futura'-eight lan-efgril:ity-and future constwdion conwa,irtfs. At this location two, active tracks -are present which requires spe iaf :consideration m the bridge falsework design. MTCo was selected by the City of Elk Grove to perform alternative analysis, preliminary engineering, environmental documentation and PS&E construction documents for the project. Additional services include extensive community and property owner outreach, survey and right of way services, including coordination with developers along the corridor. Due to past experience and excellent working relationships with UPRR, all design submittals to UPRR received zero comments and were approved within three weeks of being submitted. Unique Challenges: Numerous utility relocations are involved, including overhead transmission towers, high-pressure petroleum pipeline relocation, water transmission line construction, and sewer trunk line relocation. The project requires extensive agency coordination for utility relocation and to secure permits. Utility companies include Western Area Power Administration, Sacramento Municipal Utilities District, Kinder -Morgan, PG&E, Frontier, and Comcast. Other agencies involved in utility coordination include Sacramento Area Sewer District, Sacramento County DOT and Sacramento County Water Agency. Dia a4trb-the-irRA-ole ufillfral dfiNs. lot*tioR WE put together a l mnstrucfion:kl*dule xnilietd utility retocatior; efforts were autlin ;tiWng dl power-clowfis,,cutoyoft, Wtnt6f access and ability of the -014 crews fa pe�orin the work were: "all c obeinaif*d with the respective comp�tt fes. dnrf a clakfad sche4 e:wo::dewed to highlight when •exactly the CitYs cvnfractor would `6e able.te.begin' work-. Lower Sacramento Road/UPRR Underpass Grade Separation Client Reference: James Wong, Associate Civil Engineer - City of Stockton (209) 937-5110 I Oq__r --- l Lower Sacramento Road is a critical north -south =� 6. of and rural highway connecting the City of Stockton to the City of Galt. Past growth and * development in the North Stockton area fueled I the increase in traffic on Lower Sacramento Road 3 motes and generated the need to grade separate the crossing with the Union Pacific Railroad (UPRR). This project depresses Lower Sacramento Road - below the UPRR tracks. At its lowest point, the sicycLe new roadway will be approximately 25 -feet beneath than the existing roadway and will conform to the existing roadway approximately 1,000 -feet to the north and south of the current at -grade crossing. The new bridge for the UPRR track was designed to meet the current UPRR/BNSF design guidelines for grade separated crossings. MTCo was selected by the City of Stockton to perform alternative analysis, preliminary engineering, environmental documentation and PS&E construction documents for the project. A large portion of the project funding came from the Highway -Railroad Crossing Safety Account (HRCSA) which required the project to have a construction contract awarded by July 2010. MTCo successfully accelerated the project delivery to meet this deadline and the project is currently under construction. Unique Challenges: To expedite the construction of the project, the City of Stockton decided to close Lower Sacramento Road during the construction of the underpass. MTCo assisted the city in determining appropriate Detour Routes, attending and speaking at public meetings, and coordinating with other agencies for the closure. Bear Creek is the drainage outfall for the project and is also a regulated waterway and a stream listed as threatened in Section 303(d) of the Clean Water Act. Roadway drainage required treatment of runoff before entering the creek. With the help of Contech Construction Products, MTCo was able to incorporate several treatment units into the drainage systems that would treat the required amount of runoff associated with the new grade separation. The railroad crossing at Lower Sacramento Road is located approximately 1,700 -feet north of Bear Creek and 1,000 -feet north of Grider Way. As part of the project, it was determined that the existing bridge over Bear Creek would eventually need to be replaced and upgraded to current standards for freeboard over the 200 year flood elevation. The profile for Lower Sacramento Road had to be designed to raise the elevation over the creek, maintain elevation at an existing street crossing in between, and achieve adequate clearance at the railroad tracks. Both the railroad and roadway at the Lower Sacramento Road crossing are major utility corridors. Fiber-optic lines within the railroad corridor had to be directionally bored approximately 50 -feet below grade to clear all of the roadway improvements. PG&E gas and electric distribution and transmission mains were relocated outside of the roadway prism to ensure that service could be maintained during construction. Through diligent coordination, all relocations were completed with minimal issues_ [ LL I =_J; Eight Mile Road/UPRR (East) Overhead Grade Separation Client t efererice_ Eric Alvarez, Capital Improvements Project Manager -City of $ocidon (209) 937 b "_8 �_u Similar to the previous project, Eight Mile Road has two ai-grade rail crossings and both have been designed by MTCo to be grade separated. This project raises Eight Mile Road over the L)PRR tracks between West Lone and Highway 99. MTCo was selected by the City of Stockton to perForm alternative analysis, preliminary engineering, environmental documentation and PS&E construction documents for the project_ Again, a large portion of the project funding came from the Highway -Railroad Crossing Safety Account (HRCSA) which required the project to have a construction contract awarded by July 2010. MTCo successfully accelerated the project delivery to meet this deadline and the project is currently under Construction. Unique Challenges: Eight Mile Road is a critical truck haul route and the need to maintain one lane of traffic in both directions at all times made construction staging and troffic handling critical parts of the project. The close proximity t.Wo County. roads; Pearson -Road and GoNview Road, a Woodbridge Wgafion District conal running diagonally through the project, and: ars open an active ine ust�ial center afsc, added MAP complexity. The City decided the preferred alternative was to keep the centerlirie of Eight Mile Road where it is, build.a temporary waif during construction; and -split the construction of the structure -into two stages. The..eftsfing of the W6odbridgge Irrigation District canal required a new align rttent and a-rsew 1344.00t long box culvert. To help generate embankment, this project also4neorp6roted large retention hasins (oversized for the design storms) -and the Lodi/Stockton'RV Pork was purchased and closed. The project was designed to avoid the Kinder Morgan petroleum line, but other utility conflicts for the project included PGk gas lines and electric lines. Two billboards were also in conflict with #I?.e project and MTCo assisted the City with its condemnation efforts on'CBS- duidoars. Meeting Exhibit Eight Mile Road/UPRR (West) Overhead Grade Separation Client Reference: Wes Johnson, Senior Civil Engineer - City of Stockton (209) 937-8088 Stockton Eight Mile Road is a critical east -west connector road and a major truck route in the North Stockton area that connects State Route 99 to Interstate 5- Post growth and development :spy's. in the North Stockton area fueled the increase in traffic on Eight Mile Road and generated the need to grade separate the j' crossing with the Union Pacific Railroad (UPRR). This project raises Eight Mile Rood over the UPRR tracks between Davis Road and lower Sacramento Road. At its highest point, the new roadway will be approximately 28 - feet higher than the existing roadway and will conform to the existing roadway approximately 1,300 -feet to the east and west of the current at -grade crossing. The new bridge over the UPRR track was designed to meet the current UPRR/6NSF design guidelines for grade separated crossings. MTCo was selected by the City of Stockton to perform alternative analysis, p;eliminory engineering, environmental documentation and PSE Construction documents for the project. A large portion of the -.project funding epme from the Highway -Railroad Crossing Safety.Acequnt (HRCA}' which requi+ed the project to have a construction contract orvarded by. July 20I.D. MTCa-successfully accelerated the project delivery to meet this deadline and the project is currentfy under construction. Unique Challenges: Eight Mile Road is a critical truck haul route and the need to maintain one lane of traffic in both directions of all times made construction stoging and troff':c handling critical parts of the project. The close proximity of Pixley Slough on the south side of the project olso added to the. complexity. The Gly decided the preferred alignment alter votive was to shift the: roadway olignment north and acquire more. right of way to accommodate the .shift. This allowed the entire structure'to be built in the first stage of the project while keeping the existing roadway open to traffic - Pixley Slough is a regulated waterway and a stream listed as threatened in Section 303(d) of the Clean Water Act- Roadway drainage required treatment of runoff before entering the slough. With the help of Contech Construction Products, MTCo was male to incorporate several treatment units into the drainage systems that would treat the required amount of runoff associated with the new grade separation. This project also had major utility conflicts, including a 24 -inch transmission gas line owned by PG&E. The cost of relocation of this gas line was over $2 milliary dollars. MTCo worked successfully with PG&E and the City to incorporate the cost and schedule of relocation into the construction contract. � ! § k Z \ § ( a § § ! z { J k \ ) \ ! f- aJ B G- - !■�E&| _I �2#■�22 \§£ )\�} Ing } I • ■ea� « PJo; \ U0) -;M-M �}e�l�z fI $\� } 72_ § /�� ■5 7/) ` \kj\\ 22 \\ _o `,!�§) !} ) $§]§¥ «© ate, ;f r0) _ k _ g,�9 # f� «f§!f �£\}k }- }�}, . A£I �)7Fe (}| 3 2§\ - ���\J §}0 \/ I\/ © \8}k\} \\} .�{�) ` -rte' § a ( §� }}�$\� �fkk��§\\ LT -Z ' / k }(ƒN �2C ;2IF0 |�=E -0 �eeee ! �.�$�•�.%{ _)fes /°ƒ�! , )a� !, . , § �If/2§ £0 }�� '\2§) � 16o I /\ ƒ TEAM INTRODUCTION SUBCONSULTANTS MTCo has assembled a highly -qualified and dedicated team with extensive experience delivering projects in the Lodi region. We have selected our team based upon our previous working relationships and track record of success with similar local projects —Judith Buethe Communications, Interwest Consulting Group, and Fehr & Peers Transportation Consultants have already provided services as part of the earlier phases of this project. Because we are deeply dedicated to seeing this project through to completion, each firm has committed their most qualified and experienced personnel for the duration of this project. •E1[GNMIIM 5 ttiesllRES i W DEPENICIENT.4tk0CK.--APE]( Civil Engineering is a small engineering firth 9668 Snowberry Way founded'in ,200 providing design servir_es th consultants;• public agencies, builders Qrangevale, CA 95662 and urehiiecis for the design of new transportation-reloted'structures and structural DBE assessments --of wdsting sfructures. Apex is.a:cer[ified DBE and WBE_ �MTiRtIt/f RIGHT OF WAY AgGcj Stam'- Inferwest Consulting Group., Inc, specializes in a/or. _ municipal real estrsie:carts.til#oti�rneaisd'relafieaF;serviGeS foi-public:agencies throughout California. In#erwesl's Iisat Estate teexm:'provides rigi;t -way:services including 9300 W. Stockton Blvd., project..manage.ment,-.acquisition, approisgl, appraisal review,: relocation assistance, Suite 105 esci&w.and title coorclin'don; and wridemnahon support_ Elk Grove, CA 95758 FEHR 'PEERS SIGNALS AND -Uo"mINo— Fehr & Floors Transportation -Consultants s16et.ializes in providing transportation planning and traffic engineeriag-services '10-public,vnd. 2990 Lava Ridge Court, pnvote sector clients. They emphasize the development of creative; cost�f.k ' - e; and Suite 200 results --oriented solutions to planning and design problems vssociatvd with all modes Roseville, CA 95661 of transgortation. �3 LANDSCAPE DESIGN - Pennino Design Group.ls an in -de. 'W' ' _Hlv. awned. and. E operated Landscape Architecture firm loca;t'sd in Lodi: I?�.+�-piovid' iod tsr P E N r N O plarsning, cvnstrucfion documents, hardsCa dbs Fri torte 04,'arpe:tfesign, imgat'sbn n stUl+t r�totfp a� system design, construction detailing, and'tarldscape stru�f m r_ a 1;ifuai6;ion, 1450 Springhaven Way detailing. They have performed this work frir'a .variety. oft ns rtaliorir tr6gdt,,cl `d Lodi, CA 95242 development projects in Lodi and Stockton. Pennino'is a certif�ed DBI; and W9 firm: DBE Pusuc ourltmcH — Judith Buethe Communications (JBC), a sole proprietorship established in 1�989,speci`CIUi in consensus -building and public participation programs in Central. Cc�l'�f'olaiia,_JBC has organized and implemented outreach programs for more fliarf 300'fnfrastructure projects -of every stag -from feasibility stud- t. r6ugh-:tonstruction:: A hos been oictively inv6Wd is out'redch acfivities for 445 Weber Avenue, Suite 221 the Horne�rr: Larto/IlPI~R.Gra de Home ..#ion, and the program' hasbeen successf�ii in scitisfyirlg-fhe public's need for information,-pr-oviding opportunities for meaningful -is Stockton, CA 95201 involi e&ht,.and nurturing the sense of toirmunity partnership. JBit a certi&ed DBE 1)I3f/UDBE/5WBE_ •E1[GNMIIM 5 ttiesllRES i W DEPENICIENT.4tk0CK.--APE]( Civil Engineering is a small engineering firth 9668 Snowberry Way founded'in ,200 providing design servir_es th consultants;• public agencies, builders Qrangevale, CA 95662 and urehiiecis for the design of new transportation-reloted'structures and structural DBE assessments --of wdsting sfructures. Apex is.a:cer[ified DBE and WBE_ �MTiRtIt/f RIGHT OF WAY AgGcj Stam'- Inferwest Consulting Group., Inc, specializes in a/or. _ municipal real estrsie:carts.til#oti�rneaisd'relafieaF;serviGeS foi-public:agencies throughout California. In#erwesl's Iisat Estate teexm:'provides rigi;t -way:services including 9300 W. Stockton Blvd., project..manage.ment,-.acquisition, approisgl, appraisal review,: relocation assistance, Suite 105 esci&w.and title coorclin'don; and wridemnahon support_ Elk Grove, CA 95758 FEHR 'PEERS SIGNALS AND -Uo"mINo— Fehr & Floors Transportation -Consultants s16et.ializes in providing transportation planning and traffic engineeriag-services '10-public,vnd. 2990 Lava Ridge Court, pnvote sector clients. They emphasize the development of creative; cost�f.k ' - e; and Suite 200 results --oriented solutions to planning and design problems vssociatvd with all modes Roseville, CA 95661 of transgortation. �3 LANDSCAPE DESIGN - Pennino Design Group.ls an in -de. 'W' ' _Hlv. awned. and. E operated Landscape Architecture firm loca;t'sd in Lodi: I?�.+�-piovid' iod tsr P E N r N O plarsning, cvnstrucfion documents, hardsCa dbs Fri torte 04,'arpe:tfesign, imgat'sbn n stUl+t r�totfp a� system design, construction detailing, and'tarldscape stru�f m r_ a 1;ifuai6;ion, 1450 Springhaven Way detailing. They have performed this work frir'a .variety. oft ns rtaliorir tr6gdt,,cl `d Lodi, CA 95242 development projects in Lodi and Stockton. Pennino'is a certif�ed DBI; and W9 firm: DBE Mark Thomas & Company, Inc. (MTCo) is a leading engineering firm deeply rooted in Northern California. Since our company's founding in 1927, we have provided consulting engineering services for transportation, structural and municipal engineering projects, as well as right of way engineering, surveying and mapping, and engineering management services for a wide range of private and public sector clients. Today, our company serves clients throughout- the hroughoutthe state from a network of nine offices staffed with more than 180 professional, technical and support personnel. MTCo has maintained stability through the years because of our reputation for providing quality services with an experienced engineering staff. This has enabled us to maintain a list of repeat clientele who provide the company with 80% of our workload and has given the firm a level of stability upon which our clients can rely with confidence. MTCo offers integral experience and credentials to the City, including the following: ■ a N III MW PATtO AT A GLANCE ■ 85 YEARS IN BUSINESS ■ 180 EMPLOYEES Finm-WIDE ■ 9 CALIFORNIA OFFICE ILocATIONs PROJECT STAFF AND DESIGN CONTINUITY — MTCo has been actively involved in the Harney Large/UPRR Grade Separation Project since 2010, having prepared the Feasibility Study, Section 190 Funding Application and Nomination Form, and the Harney Lane Specific Plan; as well as design for the Highway 99/Homey Lane Interchange Interim Improvements. As a result of our work and involvement in stakeholder and public outreach in the early development of the Project, MTCo has extensive knowledge of design standards and a strong trust -based working relationships with the City of Lodi, Lodi City Council, and the local community. This experience will go a long way toward achieving quick project start-up, agency sign -off and approval, and stakeholder/public consensus to deliver a desirable project design and an efficient construction phase. With this level of continuity, MTCo's project team is structured to deliver the project on the City's schedule without interruption or additional expense. ADDITIONAL EXPERIENCE ALONG THE SAME UPRR CORRIDOR — Within 20 miles Of the Homey Lane/UPRR project site, MTCo has successfully delivered three grade separation projects through construction, and has taken another four through various stages of design and environmental clearance. Three of those seven grade separations are located on this same UPRR corridor. This includes the Eight Mile Road/UPRR Overhead in Stockton and the Grant Line Road/UPRR Overhead in Elk Grove. It is important to note that the same staff that delivered these projects is the same staff we are proposing to successfully deliver the sinal phases of the Homey Lane Grade separation- This unparalleled experience gives the MTCo Team an understanding of the specific L)PRR issues and the solutions that will translate into cost savings for the City. CONSISTENCY AMONGST PROJECT STAFF THROUGHOUT THE LIFE OF THE PROJECT — This is particularly important at the management level and is critical in controlling project budgets, schedules, and quality. Many of our proposed staff are career -long MTCo employees, and the City of Lodi will benefit from working with the same group of professionals throughout the course of this project. Proposed principal in charge/project manager, Rob Himes, has been with MTCo for 26 years, and his investment as a firm principal and owner assure his full-term commitment to this project. AVAILABILITY OF ALL TEAM MEMBERS TO ADDRESS KEY PROJECT ISSUES AS SOON AS POSSIBLE — A high profile project such as the Harney Lane grade separation project requires that a project manager and staff be immediately available to address concerns as they come up. As a principal of the firm, Rob Himes will: 1) dedicate the staff listed in this proposal for the duration of the project; and 2) commit to reallocating firm resources to this project should the schedule need to be accelerated to meet program goals. This is a distinct advantage that we bring to the City and will provide for an efficient project delivery. The structure of the MTCo Team ensures this availability. COVER LETTER ORGANIZATIONAL CHART Team Introduction ................ ....... _......... ... ... ........ ...-.....,� .........1 Organizational Chart ............. _ • :- . .. ......... EXPERIENCE OF FIRM AND REFERENCES MTCoExperience ............................................... :....: -. .......:.......:. ...............4 Subconsultant Experience .................. ...........-......... ......:. ..:_.............:.._.11 References....................................................... ........ .. ...... .... , ......13 PROPOSED STAFF TeamMembers..:.......:....:..... ....... ....:.:........._.:.._.........:._.:...:.---...:_......... .........w....... 14 Resumes PROJECT UNDERSTANDING.....................................................................................16 PROPOSED SCOPE OF WORK....................................................................................22 PROPOSED PROJECT SCHEDULE...............................................................................27 REQUIRED STATEMENTS............................................................................................28 Non -Substitution Conflict of Interest Indemnification and Insurance Requirements Non -Discrimination and DBE Requirements REQUIRED FORMS Exhibit i 0-F Certification of Consultant, Commissions & Fees Exhibit 10-K Certification of Financial Management System and Contract Costs Exhibit 10-L Consultant Certification of Final Indirect Costs Exhibit 10-01 Local Agency Consultant DBE Commitment (Consultant Contracts) Exhibit 10-P Nonlobbying Certification for Federal -Aid Contracts Exhibit 10-Q Disclosure of Lobbying Activities Exhibit 12-E Attachment E Debarment and Suspension Certification (PRIME AND SUBS) Exhibit 12-G Bidder's List of Subcontractors (DBE and Non -DBE) - Part I and Part 11 (PRIME AND SUBS) Exhibit 15-H UDBE Information - Good Faith Efforts COSTS (UNDER SEPARATE COVER) Cost Summary Spreadsheet Exhibit 10-H Sample Cost Proposal Exhibit 10-02 Local Agency Consultant DBE Information 9401 16.691.3173 Elk Gmv °ro "'E'er Way 9ELIC GROVE Fac 916.6511.3173 Wab_ wway.nikgcorettity_ote Elk �'S Calilwnn 95751 September 12, 2011 JTURL— Mr. Wally Sanddin, Public Works Director City of Lodi 221 West Pine Street Lodi. CA 95241 SUBJECT: LETTER OF RECOMMENDATION FOR MARK THOMAS do COMPANY Dear Mr. Sandelim k has come to my attention that you are looking for a consultant to assist you with the Harney Lane/Union Padfic Railroad (UPRR) grade separation project. I strongly recommend that you consider Mark Thomas & Company for this project Mark Thomas & Company Is currently leading the Grant Line Road/UPRR Grade Separation project for the City of Elk Grove. Our project is on the same UPRR track One to the north of the Harney Lane crossing and will have many of the same project Issues that Mark Thomas & Company has been able to efficiently resolve for the City. One key issue that Maris Thomas & Company resolved was working with UPRR to minimae the `operating corridor' to 100 feet instead of the 250 feet based on the UPRR right-of-way. This resulted in a much smaller structure and significant cost savings to the City. Late in the design process. the City was able to completely acquire one of the key properties within the project limits. Park Thomas & Company was flexible in working with the City to redesign the project to fully take advantage of this acquisition and as a result, reduced the project costs. Mark Thomas & Company has also assisted the City in preparing grant applications for the California Public Utilities Commission (CPUC) Section 190 Grant program. Mark Thomas & Company provides the quality and high level of customer service that the City of Elk Grove expects from its consultants which has resulted in a very successful long term relationship. - I would not hesitate for a minute in recommendling them to lead your project Please fed free to contact me at (916) 478-2236 or via email at Wwwaldft if you have any questions about Mark Thomas & Company or our project Sincerely Gary Gruunntw�(d, Senior Project Manager City of Elk Grove Public Works Deparwmnt Mr. Wally Sandelin Page 2 October 8, 2072 We feel that our team has performed very well on the current PA -ED phase. While the City Council initially wanted the road to pass under the railroad tracks, they ultimately approved the overhead crossing option, with a unanimous 5-0 decision. We have received favorable feedback from the Council members and residents, including: "Impressed with the thoroughness of the evaluation" - Larry Hansen, Councilmember -(MTCo's) presentation was very helpful, they did a good job" - Mr. Costa, property owner "Clear, concise, well-run meeting" - nearby resident We would love to continue to be "the face" of the project as we continue to meet with the public and the City Council and to work hard for the City to make this a very successful project we can all be proud of. To that end, we=at6�P1d0dsritg thesome team: membgrs working on the PA -ED phase of this project. l,. Robert Hime5,..will'1"d .the, team .as Principal` in Charge/Project Manager, and will be closely supported by Phil Yulllet as PebJdct Eiaginier aril 1 Nettleton as Design Leader. This team has worked together to successful(y.cleliver,cr: numbde df grade separation projects in the Inst five years for he cities of StocWh arid'tlk`Grove. Work described in this proposal will be managed and administered from our Sacramento office, and will be the point of contact for the selection and contract process, at the address and phone number noted on the first page of this letter. I can be reached on my mobile at any time, at (916) 207-3813 or via email at rhimes(a-morkthomos.com, if you have any questions or comments. MTCo will perform the serki;!ks er d adhere to the requirements described in the City's RFP, and we acknowledge that all propoldlt:�tndy- 6 d6nAidered public information. This proposal is firm for 180 days from the date of the rerei44w. pro sal. Thank you for your time and consideration. We look forward to continuing work with you on this important project. Sincerely, HQMAS &COMPANY, INC. RobertA. Himes, PE Principal/Vice President MARK THOMAS & COMPANY Ptuviding Engineering Surveying &Planning Services October 8, 2012 SA -11818 Mr. Wally Sandelin, Public Works Director OFFICES City of Lodi Cupertino Public Works Department Fresno 221 West Pine Street Irvine Lodi, CA 95240 Pleasanton Sacramento Salinas RE: PROPOSAL FOR PROJECT MANAGEMENT, DESIGN AND ENGINEERING FOR THE San Carlos HARNEY LANE /UPRR GRADE SEPARATION PROJECT San Jose Walnut Creek Dear Mr. Sandelin: As you know, the City of Lodi has been working with the community to develop a scope for improvements on Homey Lane from Route 99 to the City limits. Minor improvements to the Homey Lane/SR 99 interchange have been constructed to accommodate traffic from the recently opened Costco and Home Depot, and the need for further improvements on Harney Lane to the west is imminent. The proposed railroad grade separation between South Hutchins Street and South Stockton Street is a critical element of these improvements, as it will reduce delays and improve the safety of vehicles, cyclists, and pedestrians at the Union Pacific Railroad (UPRR) crossing. The MTCo team provides an intrinsic value that no other firm can offer — we have beeu%iorking with the City on all of the planned Homey Lane improvement projects to date, which include: ■ Harney Lane Specific Plan ■ Harney Lane/Route 99 Interim Project Improvements ■ Harney Lane/Ham intersection Improvements Furthermore, our work on this Harney Lane/UPRR grade separation project includes: ■ Grade Separation Feasibility Study ■ Grade Separation Preliminary Design and Environmental Document Also unique to the MTCo team is the amount of Grade Separation experience we have, especially along this some UPRR track corridor. MTCo recently delivered Plans, Specifications, and Estimates (PS&E) for other overhead separations as follows: ■ Eight Mile Road/UPRR Overhead project in Stockton ■ Grant Line Road/UPRR Overhead project in Elk Grove This direct experience with projects on Harney Lane, on the some UPRR track corridor, combined with our current work on the PA -ED phase of the overcrossing, allows us "hit the ground running" and move forward with the project with no unnecessary delays or learning curves. 7300 Folsom Blvd., Suite 203 Sacramento, CA 95826 www.morkthomos.com re& (916) 381-9100 Fam (916) 381-9180 I -D City of Lodi C05kAngus[ 9, 2010 Alfernpilve i Harney Lana ! UPRR overhead (Sloped Embankmenis} Prellndnary project Cost Esilmate Attachment 3 Federal Forms Required upon Execution of Agreements 17 K:tVMPROJECMTREETS1HameyGradeSepamtionlRFV4-1nmey RFP -Revised 9fi-I2.doe Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Aew .10 tion Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary). NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. OB 12-04 Page 15-3 Jnne29,2012 Exhibit 15-H DBE Information -Gond Faith Effort Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) Of rvinll Contract D. 1he. names;, addresses and phone nurnbeis of rejected DBE firms, the reasons for the bidder's rejection of the. DBEs, the. ftrnns selected for that work (please attach copies of quotes from the fimas iiivolved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 15.2 June 29, 2012 OB 12-04 Attachment 4 Overall Project Cost Estimate is KAWPIPROJECTS%TREET31E A=YGJMdOSePatationWpU- emey RCP-R-iscd 9-6-12AN EXHIBIT 17-0 Local Assistance Procedures Manual Disadvantaged Busino-sq Enterprises (DBE) Certification status Change Form CP -CEM 2403(F) (New 10199) DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTIFICATION STA'T'US REPORT The topof the -form requires specific irdbrmation regarding,thc construction projects C:ontracthlumber,:County,. Route, Post Miles,.the-Adminit(Oring-Agency, the Contract. CompleiioriT]ate, and the=Bstiitiatsd Contract Amount It.requi=theTrime Contractor's rti3riae.and-Business: Address. The focus ofthe foim is to substIntiate and verity `the actual DBE do liar amount paid ta'casitraetors:on federally funded projects that had a changed in Certification status -during -the course of the completion ofihe contract. The two situations that are being addressed by CP -CEM 2403(F) are, if'a firm certified as a DISE and doing work on the contract during the course of the project becomes 1, lecertified,.and if a non -DBE firm doing work on the contract during the course ofthe project becomes Certified as a DBE. The form has a column to enter the Contract Item No (or Item Nos.) as well as a column for the Subcontractor's Name, Business Address, Business Phone, and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP -CEM -2403(F) should only reflect the dollar value of work performed while the firm was Certified as a DHE. The column called Certification/Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP -CEM -2403 (F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM -2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM -2403(1) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. Page 17-44 July 21, 2006 LPP 06-03 P 2 0 � c 9 t Q EXHIBIT 17-F Local Assistance Procedures Manual Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors_ - FINAL REPORT — UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS CEM 2402(F) (Rev. 0212008) The form requires speck information regarding the construction project: Contract Number, County,..Rothe, Post MAes, Fedcrxl-aidPro'eatNo,, the. Administering. Agency; the Contract Completion Date and tho l sdinated Contract Amount. -It requires tate prime contractor naine and business address. The focus of the form is to describer -who did what by .contract item number and descriptions, asking for spedific dollar values of item work completed broken down by subcontractors who performed the work loth DBE and non -DBE work forces. DBE prime contractors are required to shone the'date of work pe-formed.by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to b6 usedfdf 6nt&higthe DBE dollar value is based on what program(s) status the firmis certified. This prognirn atatiis is determined by the California Unified Certification Program by etlinicity, gender,, ownership,. and control lashes at time of certification. To confirm the certification status and program st-atusa. aews1he Departmetlt of Transportation Civil Rights web site at: hti12:f/www4aca.gavPublllteD or by calling -(916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Pra am Status I Column to be used I if tsrtiaram:status shoves DBE only with no other urograms listed I DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM -2402(F). Any changes to DBE certification must also be submitted on Form -CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct Page 17-22 July 1, 2012 LPP 09-02 � $ k § � 0 - \ � k § $ / � b_ \ B � uj z » b § § � ° § $ -®----®--©®- _ / § e § -®-®-----®®- - w�� / § §■ a ) §2 Cl2 Z< V.- >_CA � � $ §� k ul 0 ,0 ul � Lu ( E2§« § ( §2§� ©■ S � §9 w ��z 0 (A | /! 1 a $\ | k f .4 2 � Local Assistance Procedures Manual EXHIBIT 10-V Non-piscrimination Clause EXHIBIT 10-V NON-DISCRIMINATION CLAUSE (To be included in Consultant Agreement/Contract) NON-DISCRIMINATION CLAUSE During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any emptp M.. or applieaut for employment because of sex, race, color, ancestry, religious creed, n4onal origin, pl ysrcel disability (including HIV and AIDS), mental disability, medical eonditiaa (e.g., cant/ - age (aver 40) marital status, and denial of family care leave. Ctintwtor'aad subiwntraetors- shah ins uralm dw evaluation and treatment of their employees and appllemts exploymerit are free &MAI" discrimination and harassment. Contractor and stibeoiitfautors sliatl:aatnpFy a'M the proviskW of the Fair F,ttspiayrFtentand Hapai; (fQay.-Co §12990 (a f) et seq.) and the applicable rsgnlatiafis pi'amulge#¢d ttis Code of Regulations, Title 2, Section 7285 et -seq.: 1_64�ipK"bio repula[i ".Oftt Fair -Employment and l inuskg Coriiinsssion: p ritlag;t3airerniirBnt Co le: S,cctian 12990{a �j, set fortlr iii �` `� of Divisipit 4 o��'itte 2 d ihs EaiiPorriia Code of egdbd ns, are incorporated. into* A '-- "I by reference artd made a part hereof as if set forth in full. Contractor and its soh btra6tors shall give written notice of their obligations under this clause to laiorQc$anizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement, Page I OB 12-03 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-E SAMPLE PAYMENT CLAUSES COST -PLUS -FIXED FEE EXHIBIT 10-E Sample Payment Clauses The basis of payment for the services provided under this agreement shall be cost -plus -a -fixed fee. 1. The local agency shall reimburse the consultant for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by the consultant in performance of the work, in an amount not to exceed $ exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in the consultant's proposal. 2. 1n addition to the costs referred to in paragraph I of this article, the local agency shall pay the consultant a fixed fee of $ . Said fixed fee shall not be altered, unless there is a significant alteration in the scope, complexity, or character of the work to be performed which is documented as an amendment. 3. The Consultant shall be reimbursed for actual travel expenses incurred in the performance of this work, including the use of private vehicles at the sate of cents per mile, while traveling away from consultant's headquarters, which is hereby designated as . In addition, consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed the currently authorized rates for state employees under State Department of Personnel Administration rules. 4. Total expenditures made under this agreement, including the fixed fee shall not exceed the sum of LUMP SUM The basis of payment for the services provided under this agreement shall be lump sum. 1. Pursuant to satisfactory completion of this agreement, a lump sum payment of $,which includes all expenses incurred will be made to the consultant 2. The above lump sum payment includes: salary, fringe benefits, overhead, profit, and all other expenses incurred by the consultant. The other methods of payment are not addressed here and be viewed in Exhibit I O -R, "A&E Sample Contract Language." Page 1 OB 12-03 June 20, 2012 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: Rebecca Areida-Yadav 5. DATE 4 DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT .A. 307 56402 Other Federal Grants $ 500,000.00 SOURCE OF FINANCING B 307 30799000 77020 Capital Projects $ 500,000.00 USE OF FINANCING 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Amendment No. 2 with Mark Thomas & Company for the Harney Lane Grade Separation project. Amendment No. 2 covers project bidding assistance, Right of Way, funding/reimbursement assistance, NEPA , design support during construction. Funds appropriated in excess of the contract amount are for City staff time spent on the project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: , Res No: i� _ Attach copy of resolution to this form. Department Head Signature: .6. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-146 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICE AGREEMENT WITH MARK THOMAS & COMPANY, INC., OF SACRAMENTO, FOR THE HARNEY LANE GRADE SEPARATION PROJECT AND FURTHER APPROPRIATING FUNDS WHEREAS, on October 5, 2011, City Council approved the Professional Services Agreement with Mark Thomas & Company, Inc., of Sacramento, for the design of the Harney Lane Grade Separation Project; and WHEREAS, on June 3, 2015, City Council approved Amendment No. 1, adding funding assistance and utility coordination services to the Scope of Work, at a cost not to exceed $45,000; and WHEREAS, the design work has been completed and the project is moving to the next phases of work; and WHEREAS, staff recommends that the City Council approve Amendment No. 2 to the Professional Services Agreement, adding bidding assistance, right-of-way certification and utility coordination, project funding and reimbursement, National Environmental Protection Agency clearance, design support during construction, and extension of the term to June 30, 2018, at a cost not to exceed $398,343. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc., of Sacramento, California, for the Harney Lane Grade Separation Project in the amount not to exceed $398,343; and BE IT FURTHER RESOLVED that funds in the amount of $500,000 be appropriated from the Regional State Transportation Program (307) for this project, with the additional funds above the cost of Amendment No. 2 appropriated to cover staff time to administer the project. Dated: August 19, 2015 I hereby certify that Resolution No. 2015-146 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 19, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None )FNNIFERI . FERRAIOLO City Clerk 2015-146