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HomeMy WebLinkAbout2006 CON Dokken Engineering - Engineering Services Plaza BlvdAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING THIS AGREEMENT is entered into this 21st day of November, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Dokken Engineering, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the professional civil engineering and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Chris Johnson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 Revised April 2005 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and al! applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a 3 Revised April 2005 current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising. layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised April 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 Revised April 2005 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR: 7 Revised April 2005 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Chris Johnson Consultant Project Manager Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY 8 Revised April 2005 of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday. then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services (see also Attachments A-1 through A-3) Exhibit B — Cost Summary Exhibit C — Progrm Schedule Exhibit D — Certification of Consultant Exhibit E — Certification of Local Agency Exhibit F — DBE Form Exhibit G — Nonlobbying Certification Exhibit H — Disclosure of Lobbying Activities Exhibit I — Debarment and Suspension Certification 9 Revised April 2005 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Bv• k7nzunza,"Mayor APPROVED AS TO FORM: George H.'Eiser, III City Attorney DOKKEN ENGINEERING (Corporation — signatures of two corporate officers)) (Partnership — one signa ure) (Sole pr.1216- — o .nature) By: VIP �\►►' .0&,�►:� (Name) (Tit By: i (Name) (Title) 10 Revised April 2005 EXHIBIT "A" DOKKEN EXHIBIT "A" SCOPE OF SERVICES PLAZA BLVD PS&E PROJECT DESCRIPTION The City of National City will widen approximately 1.8 kilometers (1.1 miles) of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I-805). The project will widen Plaza Boulevard from its present 4 lanes to 6 lanes, consistent with its Circulation Element status in the National City General Plan. The proposed improvements will take place primarily on the northern side of Plaza Blvd, with some widening proposed along the south side. ASSUMPTIONS • Proposed improvements within the state right of way will be submitted as a separate stand-alone PS&E package to Caltrans. • Improvements to the interchange ramps are not part of this scope of services. • Enhanced pedestrian street crossings (cobblestones or decorative block design) are not part of this scope of services. • Although the landscape concepts will generally follow guidelines from the Filipino Village concept plans, no improvements related to the Filipino Village concept are included in this project, other than the planting and irrigation systems for the landscape medians and parkways, as specifically shown in the improvement drawings included in the VIA Study. • Landscape plans shall depict repairs to existing planting and irrigation systems on private properties along Plaza Avenue that have been disturbed by the Plaza Blvd widening project. TASK 1.0 PROJECT MANAGEMENT Project Management shall be conducted to ensure a smooth flow of information 1 DE3KE . between PDT members. Management tasks include: Task 1.1 Kick-off Meeting Consultant shall schedule and conduct a kick-off meeting within two weeks of Notice to Proceed (NTP). Consultant shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the kick-off meeting. Task 1.2 PDT Meetings Consultant shall coordinate and attend Project Development Team (PDT) meetings with City, Cities, and Caltrans staff and other representatives from resource agencies as necessary. Minutes shall be prepared by the Consultant at each meeting and distributed to the City's Project Manager and other attendees. An Action Item list shall be updated and prepared for each PDT meeting. Task 1.3 Monthly Progress Reports Consultant shall prepare progress reports to record the progress of the project and as supporting data for invoices presented monthly to the City. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. Consultant shall mail progress reports with the monthly invoices and deliver the Progress Reports to the City and Caltrans Project Managers at the monthly PDT meetings. Task 1.4 Project Schedule Consultant shall, within 2 weeks of Notice to Proceed (NTP), provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City and Caltrans for review and comments. Consultant shall update the schedule on a monthly basis to coincide with the PDT meetings or as required. Task 1.5 Quality Control Consultant shall have a quality control plan in effect during the entire course of the project. Consultant shall develop a plan establishing a process to ensure design 2 DOKKEN calculations are independently checked. Exhibits and plans shall also be checked, corrected and back -checked for accuracy and completeness. Consultant shall review environmental and engineering Sub -consultant report submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards. Task 1.6 Funding Assistance Consultant shall assist the City in identifying and obtaining funding to complete the construction of the project including attendance at meeting with key stakeholders and funding agencies. Task 1.7 Construction Authorization Assistance Consultant shall prepare all necessary documentation and forms for obtaining authorization to proceed with construction from Caltrans District Local Assistance Engineer (DLAE). TASK 2.0 SURVEYS & MAPPING Task 2.1 Design Surveys Consultant shall perform design surveys including, edge of traveled way surveys, topographic surveys, topographic surveys of areas obscured to aerial photography, existing conform locations and existing drainage invert surveys. Consultant shall provide all required traffic control measures during surveying field work in accordance with the latest edition of the Caltrans Manual of Traffic Controls, the details in the Regional Standard Drawings, and the W.A.T.C.H. Manual. Task 2.2 Survey Cross Sections Consultant shall complete survey cross sections within the project limits. Critical features between section stations shall be surveyed. Task 2.3 Utility Mapping Consultant shall perform a utility search for affected utilities in the project area. The search shall include field review and review of available as-builts and encroachment 3 DOKKEN permits for the project area. Consultant shall research records for both public and franchise utilities and shall plot the location of all existing facilities including: water, storm drain, electric, and fiber optic cable. Consultant shall include preparation of a database of utility records indicating the type of utility, owner, drawing number, and other vital information. The identified utility companies shall be sent a letter requesting information regarding existing and proposed utilities. Using the information obtained, Consultant shall prepare a utility base map and begin early coordination of utility conflict resolution. Task 2.4 Utility Conflict Identification Consultant shall survey all visible utility features within the proposed area of improvements and identify all critical utility crossings that should be potholed during the design phase to confirm the location so as to avoid conflicts during construction. Task 2.5 Potholing Consultant shall coordinate with City and Caltrans staff to arrange with the respective utility owner to pothole its facility as required. Consultant shall coordinate the use of field survey crews to locate potholed utilities by coordinates and elevations based on the project's survey controls. Task 2.6 Right of Way Requirements Map Consultant shall prepare a right of way requirements map based on the right of way requirements for the build alternative. The right of way requirement maps shall define all property acquisition and easement areas required. TASK 3.0 UTILITY COORDINATION Task 3.1 Utility Coordination Consultant shall complete all utility coordination matters, except for those procedures that must be performed by City. Consultant shall coordinate with public and private service providers in regards to traffic control and construction staging. Consultant shall provide copies of the plans in digital format if requested by the 4 DOKKEN to Ni Y4: utilities. Consultant shall coordinate with the Caltrans Utility Coordinator for all utility clearances and relocations. Consultant shall coordinate with utility owners, City and Caltrans utility coordination staff with respect to all utility related matters, including: • Requests for utility as -built plans and inventory, maps. • Request for property rights information. • Design coordination meetings and communications. • Notices to owner to initiate design. • Notices to owner and agreements to pothole including submissions to Caltrans for encroachment permits. • Inclusion of utility information, including sub -surface engineering data, on improvement plans. • Notices to owner to relocate conflicting utilities. • Coordination and communication with respect to utility facilities that are to be installed within planned bridge structures including preparation of agreements as required. • Coordination and communication with respect to utility facilities that are to be installed prior to or concurrent with City's ccnstruction project, including preparation of agreements as required. • No conflict letters. • Coordination of the implementation of the under grounding of utilities as identified in Resolution 91-221 (City of National City 1991) for the Plaza Boulevard Underground Utility District and extending that to encompass the entire proposed action corridor shall be coordinated by the Consultant. Task 3.2 Utility Coordination Meetings Consultant shall conduct utility coordination meetings, as needed, regarding adjustments and relocations, to resolve conflict issues, and with respect to performing work for utility companies by City contractors. For utility conflicts that 5 DOKKEN Is A7. INR.. 44.1f1 VI: require relocating, Consultant shall prepare notices to owner relocate conflicting facilities. However, it is expected that City staff will sign the orders. Consultant shall make recommendations for special provision language with regard to utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. Consultant shall coordinate with City survey and utility companies as required with respect to prior rights claims and determinations. Task 3.3 Utility Correspondence Consultant shall provide copies of all correspondence with utility companies and other utility related information to the City and Caltrans as required. Consultant shall implement utility coordination and relocation in accordance with Caltrans Right of Way Manual, Chapter 13 and necessary City procedures, including but not limited to: • Preparation of letters to owners of utilities. Consultant shall prepare letters for County signature as required. Consultant shall prepare and send correspondence under Consultant's signature when feasible and appropriate. • Submittals. Consultant shall submit letters, notices to owner, agreements, and other documents to City and Caltrans for reviews and approvals. • Consultant shall comply fully with Caltrans utility coordination procedures, as outlined in Chapter 13 of the Caltrans Right of Way manual. Consultant shall maintain files in accordance with Caltrans fil!ng requirements, and shall provide Caltrans with duplicate files and shall provide City with original files upon completion of construction. Task 3.4 Utility Conflict Resolution Known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. Inventory numbers of poles, vaults and other surface facilities shall be shown on the plans for those facilities that have such numbers attached to the facility and as provided on the owner's inventory maps. 6 DOKKEN Consultant shall send preliminary design plans to owning utility companies within the project limits with request for review and comments on the plans relevant to their respective facilities, and other project specific information. Consultant shall monitor responses of utility notices received and make recommendations for mitigating conflicts. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows: • Consultant, through City staff, shall request and obtain a written acknowledgement of any conflicts from the respective utility owners. • Reasonable efforts shall be taken to accommodate utility company requests for minor design changes to accommodate their facilities. Consultant understands that the utility companies are generally operating within the City or Caltrans right-of-way, but may have prior rights to that of the City/Caltrans or may have rights prescribed by Master Utility Agreements between Caltrans and utility companies. • Consultant shall coordinate inclusion of special provisions in City's bid documents for adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility. Said work may require that cooperative agreements be prepared between the City and the owning utility companies. Consultant shall prepare agreements and shall provide information and exhibits as required to support the preparation of cooperative agreements, if needed. Task 3.5 Utility Service Connections If new electrical service shall be needed, Consultant shall provide support as directed by City. Such support includes, but is not limited to, the following responsibilities: • Obtain approved electrical service point from the serving electric company for each service equipment enclosure to be installed, and identify requirements that the serving electric company has for the provision of service. Fulfill 7 DOKKEN hD ':. I A L R It I V �L serving electric company requirements as appropriate, including preparation of applications for service and other required documents, some of which may require City or Caltrans signatures. • Serving electric company shall be notified that Electrical Safety Orders clearance requirements must be met (10 foot radial clearance between 12 kv overhead electrical facilities and signal poles and mast arms, and greater clearance for higher voltage electrical facilities). Show such clearance conflicts on the plans with construction notes. • Submit plans indicating proposed service connection locations to serving electric company for approval (service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate). • Provide detailed load calculations to serving electric company, with a copy to the City, which provides calculations of the normal and maximum expected loads. Task 3.6 High/Low Risk Utility Certification Consultant, in accordance with the RTL Guide and Appendix LL "Policy on High and Low Risk Underground Facilities within Highway Right of Way" of the Project Development Procedures Manual (PDPM), shall review existing utilities and determine whether the facilities are high or low risk. TASK 4.0 GEOTECHNICAL DESIGN Task 4.1 Literature Review and Reconnaissance Consultant shall begin the investigation by reviewing available geologic and geotechnical literature pertaining to the project site. Consultant shall review published soil and geologic data as available from appropriate public agencies. The review shall include a review of reports and geologic_ maps prepared by the California Geological Survey, the U.S. Geological Survey, and other government agencies. Consultant shall also review Caltrans reports and documents pertaining to the 8 DOKKEN AT....................... ........... existing structure, if available for review. A geologic/geotechnical reconnaissance by a California Certified Engineering Geologist and/or a California Registered Geotechnical Engineer shall be performed along the full length of the proposed improvements, to observe and check for geological conditions and features that could impact design, construction and cost of the proposed improvements. Task 4.2 Field Investigation and Utility Clearance Prior to the field investigation, Consultant shall submit a plan showing locations of the proposed borings along with a completed application package to Caltrans District 8 Permit Office to obtain an Encroachment Permit. Following Caltrans appraisal, and prior to drilling, Consultant shall contact Underground Service Alert (USA) to identify potential conflicts between our planned boring locations and existing underground utilities. Traffic control shall be required for drilling within portions of the existing right of way. Consultant shall drill and log up to six geotechnical borings for evaluation of subsurface conditions to support preliminary foundation studies and pavement design. Two borings shall be completed in the area of the tie -back retaining Walls. The location of the borings shall be determined following our literature review and site reconnaissance. Task 4.3 Laboratory Testing Laboratory testing shall be performed on selected samples obtained during field exploration to assess the physical characteristics of the subsurface materials. The testing shall include moisture/density, gradation, plasticity index, sand equivalent, consolidating/collapse potential, direct shear strength, maximum density/optimum moisture content, R-value and corrosion potential. The testing program may be modified based on the actual subsurface materials encountered during exploration. Task 4.4 Geotechnical Design Report Consultant shall prepare a Geotechnical Design Report for design and construction of embankments and pavement structural sections in general accordance with 9 DOKKEN T N,, g F k N, A 1: California Test Method CAL-130, and shall present the data obtained during field exploration and laboratory testing, as well as conclusions and recommendations pertaining to the following: • Project description including proposed improvements, climatic conditions, terrain and surface drainage, and land use. • Discussion of geotechnical settings including regional geology, subsurface soil and groundwater conditions. • Recommendations for design of retaining walls, including foundation type, allowable capacity and lateral pressures. • Recommendations for construction of roadway and embankment foundations and estimated settlement. • Evaluation of gross and surficial stability of the proposed fill slopes. • Earthwork considerations, including excavat on characteristics and erosion controls. • Collapse, expansive and corrosion potentials of the subgrade soils and recommended mitigation measures, if necessary. • Earthquake considerations including seismic design criteria for fill embankment, and seismic hazards including the potential for liquefaction, ground rupture due to surface faulting and seismically induced settlement. • Recommendations for pavement structural design based on traffic indices assumed or provided by the client. • Pavement design shall consist of a cost estimate for the pavement items, existing structural section information, existing and projected traffic data, Traffic Indexes, R-values, and a pavement condition survey. Consultant shall conduct a visual condition survey of the project pavement surface. The focus of the survey shall be to identify distresses that need to be addressed as part of the rehabilitation recommendations or distresses possibly caused by 10 DOKKEN 14 t..4 H1 44; pavement structural problems. Some of these distresses may include: • Fatigue cracking (alligator cracking, edge cracking) • Longitudinal and transverse cracking • Block cracking • Rutting • Pot holes, depressions • The distress types, severities and quantities identified on the project site shall be documented for evaluation and inclusion in the final report. • Discussion of materials available including local and commercial sources and materials specifications. • Logs of Test Borings (LOTB). Task 4.5 Structures Foundation Report Consultant shall prepare a Structures Foundation Report in accordance with Caltrans Guidelines for Foundation Investigations and Reports, and shall include the following: • Seismic design recommendations including recommended acceleration response spectra in accordance with the current Caltrans Seismic Design Criteria. • Recommendations for design and construction of shallow or deep foundations including recommended bearing capacities, lateral resistance, and total and differential settlements. • Overall stability analyses of footings, slope and foundation materials; evaluation for static and pseudo -static conditions. • Construction considerations. • Log of Test Borings (LOTB) Sheets. • The conclusions and recommendations pertaining•to design and construction of foundation systems shall be presented in a Draft Structure Foundation 11 DOKKEN Report with a site map showing boring locations, LOTB Sheets and laboratory test results. • Consultant shall prepare LOTB Sheets to be included as part of the Foundation Report and Contract Plans. TASK 5.0 35% PS&E PACKAGE Consultant shall develop plans to 35% standards for PS&E. The plan sheets shall include: Task 5.1 Title Sheet Consultant shall prepare a title sheet that includes an index of sheets, the project description, location map, notes, title and signatures blocks in City plan sheet format. Task 5.2 Typical Cross Section Sheets Consultant shall prepare typical section sheets for freeway lanes, ramps and arterial road improvements that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls, existing/proposed right of way and existing/recommended structural sections. Task 5.3 Key Map/Line Index Sheet Consultant shall prepare a key map/line index sheet that includes a location outline of all plan view sheets. A summary table defining the location of each roadway sheet shall be prepared. Horizontal alignments shall be identified and annotated with the "Line" name. Task 5.4 Layout/Curb Profile Sheets Consultant shall prepare base geometrics include geometric data required to construct the project and curb profiles. Geometric curve data shall be organized in a data table. A legend and abbreviations list shall be prepared along with a "location of sheet" diagram for ease of layout understanding. Task 5.5 Curb Return Layout/Profile sheets 12 DOKKEN l. A 1. 1 4 t. k N l .V 1: Consultant shall prepare curb return layout and profiles for the street improvements. Task 5.6 Draft Engineer's Estimate Consultant shall prepare a Draft Engineers Estimate of construction costs, based on preliminary design information and current unit prices. All quantity calculations shall be independently checked and substantiated with independent calculations. Task 5.7 Structure Type Selection • Site Plans. Consultant shall obtain and review the as -built drawings of the existing bridge structure and perform site surveys as necessary to determine existing conditions and topography and to establish or verify construction survey controls. Before beginning the structural design, the Consultant shall prepare and deliver the required number of copies of the completed Bridge Site Data Submittal Package to Caltrans for review. • Type Selection. Consultant shall produce, submit and present the Type Selection Report for the Tie -back Retaining Walls. Consultant shall schedule, hold, run and document a Type Selection Review Meeting, in Sacramento, to discuss and provide information on foundation requirements, proposed seismic design criteria, aesthetics, traffic handling, and other pertinent information related to wall design, construction and maintenance. Consultant shall perform drainage design calculations for the proposed bridge deck drainage systems and prepare a Bridge Drainage Report summarizing the findings. The Type Selection Report shall contain a General Plan; General Plan Estimate; Vicinity Map; Type Selection Memo; Project Seismic Design Criteria; and supporting documentation for potential seismic retrofit strategies and associated costs. • Structures Aesthetic Treatment Package. Consultant shall prepare an Aesthetics Treatment Package for structures. The package shall consist of proposed aesthetically enhancing structural details and surface treatments. 13 RIDOKKEN t1M. r 1. 1 G �. 4( It \ 1; The package shall be submitted to the City and Caltrans for approval. Deliverables: Consultant shall submit 30 sets of 35% plans, reduced to 11" x 17" size, and an engineer's estimate. Consultant shall complete and obtain Type Selection approval for the Tie -back Walls. After receivin.g written approval of the proposed General Plan and structure type, the Consultant shall furnish OSFP with 15 Copies of the Type Selection Report; 1 Copy Bridge Site Data Submittal form and attachments; 2 Copies Draft Foundation Plan; 4 Copies Bridge Drainage Report; 40 Copies Approved General Plan. TASK 6.0 65% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic,.miscellaneous plans, special provisions, the engineer's estimate and a draft drainage report for review by the City and Caltrans at the 65% completion stage. Consultant shall prepare the following sheets: Task 6.1 Title Sheet Task 6.2 Typical Cross Section Sheets Task 6.3 Key Map/Line Index Sheet Task 6.4 Street Layout/Street Curb Profile Sheets Task 6.5 Curb Return Layout/Profile sheets Task 6.6 Driveway Layout/Profile Sheets Task 6.7 Construction Detail Sheets Construction detail sheets shall be prepared for street intersections, driveways, curb transition details, and miscellaneous details required for the project. Task 6.8 Water Pollution Control Sheets Consultant shall prepare plans for erosion control facilities for the project. Design of these facilities shall include current Best Management Practices and shall conform to the City and other requirements of Caltrans and the Regional Water Quality Control Board. 14 DOKKEN -Aa t. ipt_K Mf YY. Task 6.9 Contour Grading/Drainage Sheets Consultant shall prepare contour grading sheets/drainage sheets. Task 6.10 Drainage Profile Sheets Consultant shall prepare drainage profile, detail and quantity sheets. Task 6.11 Utility Sheets Consultant shall prepare utility sheets that shall depict both existing and relocated utilities. Task 6.12 Stage Construction/Traffic Handling Sheets Consultant shall prepare traffic handling plans, which show closure of lanes, detours, construction area signs and number of available lanes. Included in these plans are signing, striping, temporary traffic signals and quantities. Task 6.13 Pavement Delineation/Signing Sheets Consultant shall prepare pavement delineation/signing plans, pavement delineation/ signing quantity sheets. Task 6.14 Planting/Irrigation Sheets Consultant shall prepare planting/irrigation sheets including details/quantities. The plans shall include the design and preparation of the planting and irrigation improvements within the project limits. The plan submittals shall include the following drawings: • Plant Lists - indicating the plant botanical and common names, sizes, quantities, and fertilizer application rates for each, planting setbacks and clearances, and plan symbols representing each. A plant list shall be prepared for both the City and Caltrans right of way areas. • Planting Plans - indicating the plant locations, types, and quantities, and graphic symbol representative for each. • Irrigation Schedules - indicating the irrigation emission devices, the characteristics for each product, specific materials requirements, and 15 DOKKEN components legend. An irrigation schedule shall be prepared for both the City and Caltrans right of way areas. • Irrigation Plans - indicating diagrammatic locations, types, and sizes, of all proposed irrigation materials, including points of connection, backflow preventers, automated irrigation controllers, remote control valves, master valves, flow sensors, conduit, piping, and emission devices. Existing irrigation systems shall be inventoried and notes provided on the plans indicating repairs due to roadway excavation to enable the widening. The Consultant shall coordinate with the Electrical Engineer to provide the electrical supply and phone services to the automated controller locations. • Planting and Irrigation Details - indicating the typical installation requirements for plantings and irrigation components, including City standard irrigation controls. Task 6.15 Traffic Sheets Consultant shall prepare plans to upgrade intersection controls, including new traffic signals. Consultant shall prepare traffic signal design plans for interim, during construction and the ultimate improvements. The plans shall include all work necessary to install the traffic signals and shall conform to the requirements of the City and Caltrans. Task 6.16 Retaining Wall Sheets Consultant shall prepare tie -back retaining wall sheets including typical sections, details and architectural treatments. • Structures Independent Check. An Independent Check of the Tie -back wall design shall be completed. Checking shall include the preparation of an independent set of structural design check -calculations. Task 6.17 Sound Wall Sheets Consultant shall prepare sound wall sheets including typical sections, details 16 DOKKEN ibt.k Nt VI1 and architectural treatments. Task 6.18 Draft Special Provisions Consultant shall prepare project specific roadway Special Provisions in accordance Caltrans' standards. The Roadway Special Provisions shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the Engineer who prepared the special provisions or the Engineer under whose direction they were prepared. A list of contract items with item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit costs, shall be included in the special provisions. Task 6.19 Draft Engineer's Estimate Consultant shall prepare an Engineers Estimate of construction costs, based on detailed quantity takeoffs and current unit prices. The final estimate format shall be the standard Caltrans estimating system. Task 6.20 Draft Hydrology/Drainage Report Consultant shall research all existing improvement plans and drainage maps to obtain pertinent drainage information and plot said information on a tributary map. Consultant shall determine the limits and characteristics of watersheds, existing and future drainage facilities, and existing and future developments affecting the project limits. The information shall be included in the hydrology study and considered in the design of drainage facilities. Consultant shall analyze existing drainage systems for their ability to accommodate future design flows and propose drainage modifications/ improvements for the project in accordance with Caltrans/City requirements. Task 6.21 Draft Storm Water Data Report (SWDR) • Identification of Impacts. Consultant shall identify potential storm water quality impacts and develop options to avoid, reduce or minimize the potential for storm water quality impacts. Consultant shall ensure that the 17 DOKKEN programmed project includes sufficient right-of-way and budget for required storm water controls and identify project -specific permanent and temporary Best Management Practices (BMPs) that may be required to mitigate impacts. Drainage areas and total disturbed area shall be defined, as shall climatic conditions, existing drainage site conditions, site permeability, soil texture, existing vegetation and groundwater. • Evaluation Documentation Form. Consultant shall determine hydraulic conditions, disturbed soil areas, local pollution control requirements and total maximum daily loads (TMDLs) within the project vicinity. • Site Data and Storm Water Quality Design Issues. Consultant shall define site data and storm water quality design issues in accordance with checklists SW- 1, SW-2 and SW-3 from the Caltrans Project Planning and Design Guide: • Receiving water bodies/303(d) list/Pollutants of Concern • Regional Water Quality Control Board (RWQCB) special requirements/concerns • Local agency requirements/concerns • Project design considerations (climate, soil, topography, geology, groundwater, right of way requirements, slope stabilization • Right-of-way BMP costs and funding • Measures for avoiding or reducing potential storm water impacts • Design Pollution Prevention BMPs. Consultant shall describe proposed design pollution prevention BMPs to be used on the project in accordance with checklists DPP-1, Parts 1-5: • Downstream effects related to potentially increased flow. • Slope/Surface protection systems. • Concentrated flow conveyance systems. • Preservation of existing vegetation. 18 DOKKEN • Permanent Treatment BMPs. Consultant shall describe proposed permanent treatment BMPs to be used on the project in accordance with checklists T-1, Parts 1-7: • Biofiltration Swales/Strips • Dry weather diversion • Infiltration basins • Detention basins • Gross solids removal devices • Traction sand traps • Media filters • Multi -chamber treatment train • Wet basins • Construction Cost Information. Consultant shall prepare a summary of construction costs included in the Preliminary Construction Cost Estimate Summary associated with storm water pollution prevention. Task 6.22 Draft Traffic Management Plan (TMP) Consultant shall prepare a Draft Traffic Management Plan (TMP). The TMP shall address development of a public awareness campaign, proper identification of detour routes and lane closures, scheduling of construction activities during off-peak hours, emergency access, development of traffic contingency plans and other factors related to traffic management during construction. Deliverable: Consultant shall submit 30 sets of 65% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, and 4 copies of the Traffic Management Plan. TASK 7.0 100% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic, miscellaneous plans, special provisions, the engineer's estimate and a final drainage report for review at the 19 DOKKEN t. % (... 100% completion stage. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, signature, certificate number, registration classification, expiration date of the certificate of the professional engineer responsible for their preparation. Consultant shall prepare the following plan sheets: Task 7.1 Title Sheet Task 7.2 Typical Cross Section Sheets Task 7.3 Key Map/Line Index Sheet Task 7.4 Street Layout/Street Curb Profile Sheets Task 7.5 Curb Return Layout/Profile sheets Task 7.6 Driveway Layout/Profile Sheets Task 7.7 Construction Detail Sheets Task 7.8 Water Pollution Control Sheets Task 7.9 Contour Grading/Drainage Sheets Task 7.10 Drainage Profile Sheets Task 7.11 Utility Sheets Task 7.12 Stage Construction/Traffic Handling Sheets Task 7.13 Pavement Delineation/Signing Sheets Task 7.14 Planting/Irrigation Sheets Task 7.15 Traffic Sheets Task 7.16 Retaining Wall Sheets Task 7.17 Sound Wall Sheets Task 7.18 Draft Special Provisions Consultant shall respond to comments received on the Draft Special Provisions and prepare Final Special Provisions for construction. Task 7.19 Draft Engineer's Estimate Consultant shall respond to comments received on the Draft Engineer's Estimate and prepare a Final Engineer's Estimate for construction. 20 DOKKEN 7. 1. i. 1 . !. h N 1 .V 11 • Task 7.20 Draft Hydrology/Drainage Report Consultant shall respond to comments received on the Draft Hydrology Drainage Report and prepare a Final Hydrology/Drainage Report. Task 7.21 Draft Storm Water Data Report (SWDR) Consultant shall respond to comments received on the Draft SWDR and prepare a Final SWDR. Task 7.22 Draft Traffic Management Plan (TMP) Consultant shall respond to comments received on the Draft TMP and prepare a Final TMP. Task 7.23 Draft Construction CPM Schedule Consultant shall respond to comments received on the Draft Conceptual CPM Schedule and prepare a Final Conceptual CPM schedule for construction. Task 7.24 Construction Bid Support • Respond to Contractor Questions. Consultant shall analyze contract plan items requiring interpretation during the bidding period to determine the proper procedure required to address resolution of item interpretation. If necessary, Consultant shall assist in the preparation of an addendum to address resolution of the contract plans interpretation. • Prepare Geotechnical Information Handout. Consultant shall prepare a Geotechnical Information Handout for the use of prospective bidders. Selected portions of the Geotechnical Design Report shall be compiled in a handout. The material shall include, at a minimum test data on materials sources and soil survey sheets showing borings and tests. • Resident Engineer (RE) File. Consultant shall prepare Resident Engineer files. The files shall contain, at a minimum, the preliminary and final construction quantities and cost estimates, and all appropriate correspondence related to 21 DOKKEN AAL. idl.KN I.V1: environmental approval and final design of the project. • Prepare Design Cross Sections. To aid in the preparation of earthwork bids, Consultant shall provide design cross sections to be made available for use by prospective bidders, for each roadway alignment. Deliverable: Consultant shall submit 40 sets of 100% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, 4 copies of the Traffic Management Plan, 4 copies of the Construction CPM Schedule, 4 copies of Resident Engineer Book, 4 copies of Geotechnical Design Report, 4 copies of the Structures Foundation Report, answer questions during construction bidding, and provide materials required to assist prospective bidders. TASK 8.0 PERMITS Task 8.1 Permit Compliance Permits shall be obtained for geotechnical drilling, access to state right of way and compliance with the following: • National City's National Pollution Discharge Elimination System (NPDES) permit (No. CA 50108758) requirements (Order No. 2001-01). • National City Ordinance No. 2002-2213 and Standard Urban Runoff Mitigation Plan (SURMP). • Section 401 Regional Water Quality Control Board's Permit. TASK 9.0 RIGHT OF WAY Task 9.1 Right of Way Plats and Legal Descriptions Consultant shall conduct record data searches of Caltrans right of way maps, survey records at the County Surveyor's office, National City record maps and record deeds. Consultant shall prepare legal descriptions and plats for property acquisition and/or easements for up to 35 owners with a maximum of 2 types of acquisition per ownership. 22 DOKKEN Task 9.2 Right of Way Acquisitions Consultant shall provide budget estimates for property takes required. Budget estimates shall include values for property including severence damages (if any). Consultant shall provide Preliminary Title Reports, Real Estate Appraisals for all property rights to be acquired, Appraisal Reviews. Consultant shall provide furniture, fixture and equipment appraisals, goodwill appraisals, and shall provide business and residential relocation services (FF&E, Goodwill and Relocation services are not anticipated but will be provided if needed). Consultant shall work closely with the City and Caltrans to obtain approval of the appraisals and authorization for offers to be presented. Consultant shall prepare and deliver offer letters, negotiate with all affected property owners until either a settlement is reached, or it is apparent that a settlement cannot be reached. If a settlement is reached, Consultant shall oversee the escrow function through closing, including relocation as required to deliver the property to the City free of tenancy issues. If a settlement cannot be reached, Consultant shall assist the City Attorney as required during the eminent domain process. Specific tasks shall include: • Review appraisals and related documents. • Provide acquisition negotiations. • City/Appraiser/Caltrans coordination. • Escrow coordination. • Meetings and reports. TASK 10.0 Design Support During Construction (Negotiated Task) Design support during construction shall be determined as an amendment to the contract negotiated just prior to the start of construction. 23 ATTACHMENT A-1 ADDITIONAL CONTRACT PROVISIONS A. The Contract will begin on 11/21/06 . and expire on the work completion date based on the project schedule (Exhibit "C') unless extended by amendment. B. I. Code of Federal Regulations (CFR) 48 Chapter 1, Part 31 et seq, shall be used to determine the aliowability of the individual items of cost. 2. The Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, OMB Circular A 110, for nonprofit subrecipients, and CFR 49 Part 26 Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs. 3. Any costs for which payments have been made to the Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1 Part 31 or CFR 49 Part 18, are subject to repayment by the Consultant to the City of National City, the State and the Federal Government. 4. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. C. 1. The method of payment for this contract will be based on actual costs. The City of National City will 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, not to exceed an amount of the contract. The payments for the work will be monthly and shall be scaled based on the percentile completion of the entire project. 2. It is understood and agreed that the contract's not to exceed amount is an estimate and that the City of National City will pay only for those services actually rendered as authorized by the Contract Manager for the City. D. 1. The Consultant and all subconsultants shall mhintain all books, documents, papers, accounting records, and other evidence pertainijmg to the performance of this Contract. All parties shall make such materials available Iat their respective offices at all reasonable times during the contract and for three y after final payment under the contract The City of National City, the State, the A or their duly authorized representatives shall have access to any books, records d documents of the Consultant that are pertinent to the contract for audits, examinations, excerpts, and copies thereof shall be furnished if requested. 2. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. E. The Consultant shall comply with the requirements of Government Code, Section 7550, with respect to the required notice on any documents or written reports prepared. F. Any subcontract, entered into as a result of this contract, shall contain all of the applicable provisions of the contract agreement. G. In the event of any conflict between language contained in this Exhibit versus any other provisions of the contract, this language of this Exhibit will prevail. Attachment A-2 "Project Description and Location" The project is located in the City of National City, County of San Diego, California, on plaza Boulevard between Highland Avenue and Euclid Avenue. The project include the final design and right of way acquisition tasks which will in summary consist of the project coordination, survey and mapping, utility coordination, geotechnical design, final plans and specifications, obtaining permits, and right of way documentations and acquisition (see attached figure 1 & 2 for the vicinity and location maps). cur OF SAN DIEGO SAN DI£CO BAY SWEETWATER FLOOD CONTROL CITY OF CHULA VISTA CITY OF NATIONA CITY W. I8TH ST. W.22N0 CHANNEL W 35T ST. CITY OF SAN DIEGO DIVISION ST. E.16TH E. tam E.30Tk SITE £.BTH ST. E.(2ND ST. E./4TH ST 3 DIVISION / ST. E. 47H ST. �+ E.BTH ST. @ E.18TH ST. CITY OF " \. NATIONAL CITY CITY OF CHULA VISTA VICINITY MAP NO SCALE FIGURE 1 CITY OF SAN DIEGO PARADISE VALLEY RD. ALLEGHANY ST LINCOLN ACRES UNINCORPORATED CEMETERY CITY OF SAN DIEGO VALLEY R9 4 1' NOT TO SCALE D. SAN MIGUEL COURT LEFT -TURN LANE (TYP) WIDENING (TYP) PLAZA BOULEVARD REGIONAL ARTERIAL SYSTEM NO SCALE FIGURE 2 Attachment A-3 "WORK TO BE DONE BY THE CITY" 1. The City will provide available signal and timing plans, speed information, distances between intersections, etc. related to the project. 2. The City will provide available plans, aerial photos, contour maps, etc. related to the project. 3. The City will provide available information related to the properties along the Plaza Boulevard project corridor. EXHIBIT "B" EXHIBIT "B" Plaza Blvd PS&E FEE PROPOSAL SUMMARY com Dokken Engineering Aguirre & Associates Estrada Land Planning Wiggans & Willett 55.9% 4.5% 6.4% 33.2% $615,700.00 $50,000.00 $70,300.00 $365,000.00 TOTALS: 100.0% k:4*. S1,101,000.00 W5\10 gDOKKEN c. FEE PROPOSAL - PS&E Phase DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Chip Willett Project Manager 456 $41.00 $18,696.00 Senior RfW Agent 632 $35.75 $22,594.00 Assistant RIW Agent 256 $21.50 $5,504.00 Administration 236 $18.00 $4,248.00 ,580.00 INDIRECT COSTS (OVERHEAD) OVERHEAD TOTAL LABOR $51,042.00 155.00Ye DIRECT COSTS Billed at Actual Cost TOTAL OVERHEAD $79,115.10 ITEM Firm QTY UNIT COST AMOUNT Preliminary Title Reports First Southwest Title 37 $600.00 $22,200.00 Property Appraisals (Complex) Anderson 8 Brabant 5 $7,000.00 $35,000.00 Property Appraisals Anderson & Brabant 26 $3,500.00 $91,000.00 Review Appraisals (Complex) Hendrickson Appraisal Co. 5 _ $3,500M0 $17,500.00 Review Appraisals Hendrickson Appraisal Co. 31 $1,750.00 $54,250.00 Reproduction 1 $677.19 $677.19 $650.00 Courier Service 1 $650.00 Long Distance Telephone, FAX 1 $550.DD $550.00 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS FEE $13,015.71 TOTAL COST A' 7 t: a a iS N; f: f v'C' 15365,000.001 1:)OKKEN FEE PROPOSAL - PS&E Phase Estrada ani$ PiAiinirt# -` DIRECT COSTS (LABOR FUNCTION HOURS RATE AMOUNT Vicki Estrada Principal 54 $83.00 $4,482.00 Scott Molentln Senior Landscape Architect 138 $41.00 $5,658.00 Landscape Designer 248 $30.00 $7,440.00 Assistant Landscape Designer 280 $20.25 $5,670.00 INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS HOURS Billed at Actual Cost 720 TOTAL LABOR $23,250.00 172.00% TOTAL OVERHEAD $39,990.00 ITEM QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS LS $500.00 $500.00 Mileage 1 $236.00 $236.00 FEE (PROFIT) PERCENTAGE 10% TOTAL. DIRECT COSTS $736.00 FEE $6,324.00 TOTAL COST 70,300.00 L)()KKICN FEE PROPOSAL - PS&E Phase 1kgue Ai:Assc�kfpxall DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Mickey Aguirre Princlpal Land Surveyor 18 $50.00 $900.00 Nick Wilson Party Chief 106 $45.86 $4,861.16 Mike Havener Land Surveyor 54 $37.00 $1,998.00 _ ._ Senior Chalnman 102 $42.68 $4,353.36 Survey Technician 202 $24.00 $4,848.00 INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS Billed at Actual Cost TOTAL LABOR 16,960.52 163.00% TOTAL OVERHEAD $27,645.65 ITEM Reference Maps QUANTITY 1 UNIT LS UNIT COST $933.22 AMOUNT $933.22 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS $933.22 FEE $4,460.62 TOTAL COST l){)K.KE.N FEE PROPOSAL - PS&E Phase �itiae�iag ;, DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Chris Johnson, PE Project Manager 168 $64.00 $10,752.00 Don Bloodworth, PE Project Engineer (Roadway) 398 $45.00 $17,910.00 John Bishop, SE Project Engineer (Structures) 76 $56.00 $4,256.00 Rob Lawrence, PE Structures/Geotech Design 150 . $43.00 $6,450.00 Associate Engineer, PE 696 $40.00 $27,840.00 Assistant Engineer 2,606 $29.50 $76,877.00 CADD/Roadway 1,634 $26.50 $43,301.00 CADD/Structures 196 $34.00 $6,664.00 Environmental 28 $36.00 $1,008.00 TOTAL HOURS INDIRECT COSTS (OVERHEAD) OVERHEAD 5,952 TOTAL LABOR $195,058.00 171.00% DIRECT COSTS Billed at Actual Cost TOTAL OVERHEAD $333,549.18 ITEM QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS $432.10 $432.10 Potholing 1 LS $15,300.00 $15,300.00 Laboratory - Geotechnlcal 1 LS _ 68,500.00 $8,500.00, Drill Rig 1 LS $6,500.00 $6,500.00 Traffic Control • Geotechnical 1 LS $3,500.00 $3,500.00 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS $34,232.10 FEE $52,860.72 DOKKEN ENGINEERING TOTAL COST tri4 k..M1 ,. f Y S. r, R 1 V l: $6 5,700.00 i)OKK}N • 1 ! Mb AYIIt;1011011011111 I NEON In: i' iiMimi! 1111111111111111111P NI 1 --i _ � INIilIllFf �,. it UhIUUINhIIIt�',t 11pi �� �fmibmilimpommolo mom a MEMO nw 11 MilammumillquompuY-r Hi m11111� icoomI m +� Ii owl _ 0R��. ���� 1� ril I MI il I 1 Jail! 11mom 1.Gib I� Imummim ' l E�l II'' li� im n�fi �-. r~� J 1 I! IIla;I1�II II' 1i�. l I;I� I' ► ,�III117 1 Lr.� I I l i I I r >I aL� J:.I�. I:. I,I 1'�+ I� 11►�, 1� i1t 1 11 III I I i1� I , l i � �'�' III' iIi !Ili I i!tI I.:I IIi III: {I,�.IIIIi 1�1 �I�'I,� t I,! II1 II)1 II II ii i1 ll�l� I, 11 i1i1jII��1il1'l), �f� .s;3:r 7 s` �J'r p.1.11.s -oT?> r �:13 J s, "i _�, � -:: I�I' �� ili�l � �1�i l� i�i 1. • EXHIBIT "C" ID 1 2 3 4 5 6 7 8 9 10 11 12 13 Task Name Plaza Blvd PS&E NTP Right of Way Acquisition Prepare 35% PS&E Submit 35% PS&E Agency Review Prepare 65% PS&E Submit 65% PS&E Agency Review Prepare 100% PS&E Submit 100% PS&E Agency Review Approve PS&E Duration EXHIBIT "C" Start 341 days Mon 12/11/06 0 days 339 days 90 days Mon 12/11/06 Tue 12/12/06 Tue 12/12/06 0 days Tue 4/17/07 20 days Thu 4/19/07 120 days Fri 5/1 B/07 0 days Fri 11/2/07 20 days Tue 11/6/07 50 days Wed 12/5/07 0 days Wed 2/13/08 31 days Fri 2/15/08 0 days Mon 3/31/08 Finish Mon 3/31/08 Mon 12/11/06 Fri 3/28/08 Mon 4/16/07 Tue 4/17/07 Wed 5/16/07 Thu 11/1/07 Fri 11/2/07 Mon 12/3/07 Tue 2/12/08 Wed 2/13/08 Fri 3/28/08 Mon 3/31/08 Nov JanIMar 2006 May 2007 2008 Jul Ise lNov JanIMarIMlyj Jul ISep'Nov JanIMarlMayl Jul ISep NT 412/11/06 Right of Way Acquisitin j TUI�JJ 1�- Prepare 35% P E -. 4/16/07 Subm 35% PS&E 414/17/O7 ncy Review VT5/16/07 Pre are 65% PS&E E;'.'--•••--Y 11/1/07 1z Submit 65% PS&E 4. 11/2/07 3/28/08 Agency Review ;- 12/3/07 Prepare 100% PS&E f�.".;r 2/12/08 Submit 100% PS&E 4.2/13/08 Agency Review Z't 3/28/08 Approve PS&E 4 3/31/08 EXHIBIT "D" EXHIBIT "D" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the , and duly authorized representative of the firm of P OV.Y.5. iJ -N L \ N tJ L-, , whose address is 56,v e2-\ ,f i, a R-`D `o��- Z5o 'aiNN t-.4\ VAL3 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 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, foror 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 Flighway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) ( ignature) LPP 06-02 Page 10-43 May 1,2006 EXHIBIT "E" EXHIBIT "E" CERTIFICATION OF LOCAL AGENCY 1 HEREBY CERTIFY that I am the of the (local agency) , and that the consulting firm of ,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 firmor 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 conmection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature) LPP 06-02 Page 10-45 �ta� 1,2006 EXHIBIT "F" ffiIBIT "F" Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information This information shall be provided by the successful Proposer/Bidder with the award document. ❑Preli ninary Engr. ❑ Studies ❑F,mvirorwrental Docwnent EPrelhu Design aFIna1 Design Right of Way ®Right of Way Engineering ®Right of Way Utility Relocation ❑Construction ❑Constructiion Engineering qConstruetion Management AGENCY: st �'A OF N is 1� LOCATION: tJ R� kcitottL ' ki'1 PROJECT DESCRIPTION: ta'- 4;:s1 rteks C A'ft\e-tsT 4 - Z CONTRACT NUMBER: FEDERAL -AID PROJECT NUMBER: ' P L - S O7o TOTAL CONTRACT AMOUNT: S 1 ) t7 \ C. Ca b FEDERAL SHARE (For local agency to complete) : S "-Vi `'J `1 L 0 PROPOSAIJBID DATE: \ - 0 to PROPOSER'S/BIDDER'S NAME: tJ V1� an\rao TTcan nos !`nUTn err• •'a.,. aal.a:fv Arlvianru ➢err".In or • ?.. 2 -. • CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED 2 DBE Cent. No. AND EXPIRATION DATE NAME OF DBEs' (Must be coed on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE terv1,,`\\Nb •t-e 4'AZ4 'fie VE4iLS tivw.c. itSo eoo 1-1S100s c, � V-. r, LT : 1\ 0 3 '�r, +�ao% UatJ') % o �l©o . V eS\y` 1�- 09- `C"C*N1\N1. IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quota are helpiW. Names ofthe First -Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistentwith the names and items of work in the "List of Subwntracaors" submittal with your bid pursuant to the Subcontractors Listing Law and the Special Provisions. 1. Enter DBE prime and subcontractors ccthfcition Witlber. Mille Contractors shall indicate all work to be performed by DBFe ittolucling :work perfbmed by its own DBE forces. 2 If 100%of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE. TotalClaimed Participation $ .4 JO 0 t 0.1 ,4 Signature of iddcr 4.istAss, _ r`'' 1 Date --{ (Area Code) N.No, C `•►M‘ 40 \DU vl t'crson to Contact (Please Type or Print) ('T Hulder - 1)HF( Informanun (Rev 4/28(06) Distribution: (1) Gop) - Fax nrunedtatcly to the Caltrans District Local Assistance Engineer (DLAE) upon an ard (2) Coln - Include in au;ud package to Cantina District Local :\ssi•,lance (3) Original -. Local Agency tiles LPP 06-02 Page 10-73 May 1, 2006 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 November 2, 2006 NOTICE TO BIDDERS/PROPOSERS DISADVANTAGED BUSINESS ENTERPRISE INFORMATION The Agency has determined that Disadvantaged Business Enterprises (DBE) can reasonable be expected to compete for the subcontracting opportunities in this Agreement and has established a DBE Availability Advisory 8.2% percentage. It is therefore, the Agency's expectation that available DBE firms have an opportunity to participate in this Agreement. OR The Agency has not established a DBF, Availability Advisory Percentage for this Agreement. However, bidders/proposers are encouraged to obtain DBE participation for this Agreement. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "bidder" also means "proposer" or `offerer." • The term 'Agreement' also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The tern "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 49CFK26, "Participation by Disadvantaged Business Enterprises in Department ofTransportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other SBs, 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 bidder/proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Bidders/Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. C. Meeting the DBE Availability Advisory Percentage is not a condition firr being eligible for award of the Agreement. 3. SUBMISSION OF DBE INFORMATION A "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information" form will he included in the Agree lent documents to be executed by: the successful bidder. The purpose of the firm is to collect data required under 49 CFR 26. Even if no I)Bl'. participation will be reported, the successful bidder must execute and return the form. Page 10-49 ® Recycled Vrr n6-n2 17av I. 2606 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information DBE PARTICIPATION GENERAL INFORMATION It is the bidder'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 Calitornia 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 joint -venture 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 own forces. 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. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, 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. E. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. F. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participatioon except that portion of the work to be performed by non -DBE subcontractors. 5. RFSOIJRCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CI'CP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll tree number 1-866-810-6346 for assistance. Bidder/Proposer may call (916) 440-0539 for web or download assistance. R. Access the CUCP database from the Department of Transportation, Civil Rights. Business Enterprise Program website at: http://www.dot.ca.govlhgibep;. • Click on the link in the left menu titled Find a Certified Finn • Click on Query. Form link. located in the first sentence • Click 'u Certified DBE's (UCP) located on the first line in the center of the page • Click on Click To Access DBE Query Form • Searches can he performed by one or more criteria • Follow instructions on the screen • "Start Search", "Requery", "Civil Rights 1 tome", and "Caltrans Home" links are located at the bottom of the query form Page 10-50 \lav 1.2nt16 I.PP 06-02 Notice to Bidders/Proposers Disadvantaged Business Enterprise information 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 on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. 6. WHEN REPORTING DBE PARTICIPATION, MATERIAL ORSUPPLIES PURCHASED FROM DBES MAY COUNT AS FOLLOWS: A. If the materials or supplies are obtained from a DBE manufacturer, one hundred percent of the cost of the materials or supplies will count toward the DBE participation. 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. B. If the materials or supplies purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies toward DBE participation. 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 DRE 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. 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 orAgreement-by -Agreement 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 DRE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of ices 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 compared with fees charged for similar services. 7. WHEN REPORTING DBE PARTICIPATION, .PARTICIPATION OF D131•: TRUCKING COMPANIES MAY COUNT AS FOLLOWS: A. The Df31-: must be responsible for the management and supervision of the entire trucking operation for which it is responsible. 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 frm, including an owner -operator who is certified as a DRE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE. provides on the .Agreement. 1.PP 06-02 Page 10-51 May 1. 2006 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The 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. The 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 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 10-52 Vlav 1. 2006 l.1'I' 06-02 Standard Agreement for Subcontractor/ DBE Participation EXHIBIT 10-J STANDARD AGREEEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION STANDARD AGREEEMENT 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 Cully 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. The 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. (Use 2 or 3 below, delete the other) 2. Disadvantaged Business Enterprise (DBE) Participation (Without Availability Advisory Percentage) A. The Agency has not established a DBE Availability Advisory Percentage for this Agreement. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of "Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. DBE and other small businesses (SD), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race. color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor 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 recipient deems appropriate C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 3. Disadvantaged Business Enterprise Program .Availability Advisory' I his Agreement is subject toTitle 19. Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBI-: goal, the Agency encourages the participation of Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR 26 in the performance of Agreements financed in whole or in part with federal Funds. *Be Contractor shall not discriminate on the basis of race, color. national itriuin. or sex in the award and performance of subcontracts. 1 .PP 06-02 Page 10-53 Miv I. 2006 Standard Agreement for Subcontractor/ DBE Participation 13. As required by federal law, the Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, the Caltrans is tracking DBE participation on all federal -aid contracts. C. To assist Contractors in ascertaining DBE availability for specific items of work, the Agency advises that it has determined that DBEs could reasonably be expected to compete for subcontracting opportunities on this project and the likely DBE Availability Advisory Percentage is 8.2% percent. The Agency also advises that participation of DBEs in the specified percentage is not a condition of award. 1). Contractor has agreed to carry out applicable requirements of Title 49 CFR 26, in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated herein and by reference. E. The Contractor should notify the Contract Manager in writing, of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. F. DBE and other small businesses (SB), as defined in Title 49 CFR26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of Ttitle 49 CFR 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor 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 recipient deems appropriate. (i. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 4. Performance of DBE Contractors, and other DBE Subcontractors/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, th•.: 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 paving for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices: whether the amount the firm is to he paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. B. A DRF. 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 DBE does not perform or exercise responsibility for at least thirty, 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 Agreement 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. Page 10-S4 .Iuitv 21. 2006 I,PP 06-03 Standard Agreement for Subcontractor/ DBE Participation 5. 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 contractor or subcontractors is prohibited, and no retainage will he held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor 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 Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE. prime contractors and subcontractors. B. No retainage will be held by the Agency from progress payments due the prime contractor. Any retainage held by the prime contractors or subcontractors from progress payments due subcontractors shall be promptly paid in full to subcontractors within 30 days after the subcontractor's work is satisfactorily completed. Federal law (49CFR26.29) 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 contractor or subcontractor 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 Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. C. The Agency shall hold retainage from the prime contractor 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 contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor 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 (49CFR26.29) 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 prime contractor or subcontractor 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 contractor or subcontractor in the event ()la dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 6. DBE Records A. The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified I)REs. 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 limns. DRF, prime Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 1 .I'I' 116-D.i Page 1 0-55 .1111v 21. 20116 Standard Agreement for Subcontractor/ DBE Participation B. Upon completion of the Agreement, a summary of these records shall he prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprises (DBE)," CEM- 2402F (Exhibit 17-F in Chapter 17 of the 1,AP), certified correct by the Contractor or the Contractor'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 twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)"is submitted to the Contract Manager. a. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. lithe DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. b. The Contractor shall also submit to the Agency's Contract Manager documentation showing the truck number, name of owner, California I Iighway Patrol CA number, and if applicable, the DBE certification number of the truck owner fi>r all trucks used during that month. This documentation shall be submitted on the Caltrans"Morithly DBE Trucking Verification, CEM- 2404(F) form provided to the Contractor by the Agency's Contract Manager. 7. DBE Certification and De -certification Status If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de -certification. lfa subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. Vi hen Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows: A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBF. 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. R. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a first 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 he a DBE regular dealer, the first must he 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 DRF 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 10-56 .Inly 21. 2006 1 .1'P 06-03 Standard Agreement for Subcontractor/ DBE Participation 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 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 compared with fees charged for similar services. (Add the following to contracts which require trucking) When Reporting DBE Participation, Participation of DBE. trucking companies may count as follows: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insure, 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. The 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 nun-DRF firm. including an owner -operator. "fhe 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. The 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. For the purposes of this section. 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 ofthc lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. (.eased trucks must display the name and identification number of the DBE. 1.PP 06-03 Page 10-57 .ludo 21. 2006 EXHIBIT "G" EXHIBIT "G" NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief that: (I) 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. The prospective participant also agrees by submitting his or her bid or proposal 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 subrecipients shall certify and disclose accordingly. LPP 06-02 Page 10-75 May 1, 2006 EXHIBIT "H" EXHIBIT "H" DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE TILES FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: ❑ a. hid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity ❑ Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 3. Report Type: ❑ a. initial b. material change Fur Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. l0a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S actual 0 planned 12. Form of Payment (check all that apply): Ra. cash h. in -kind; specify: nature value IMMMI 10 a. retainer b. one-time fee c.. commission d. contingent fee e deferred I other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheets) attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 t1.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 G.S.C. 1352 This information will he reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than SI 00,000 for each such failure. Federal Use Only: Signature l'rint Name Title: Telephone No. Stata:N lI I -r'-I I Pr'. i:4-2S-C6 Date: .Authoi ized for Local Reproduction Standard Form - LLL LPP 06-02 Page 10-77 May 1, 2006 EXHIBIT "I" Exhibit "I" DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The kidder, 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; • I las 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 infOnnation 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. 1'age 12-83 t.PP 01-f14 March 1.. 2001 RESOLUTION NO. 2006 — 226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOKKEN ENGINEERING TO PROVIDE CIVIL ENGINEERING AND RIGHT-OF-WAY ACQUISITION SERVICES FOR THE STREET WIDENING IMPROVEMENTS ON PLAZA BOULEVARD FROM HIGHLAND TO EUCLID AVENUES, USING FEDERAL AND LOCAL TRANSNET FUNDS WHEREAS, the City desires to employ a Contractor to provide civil engineering and right-of-way acquisition services for the street widening project on Plaza Boulevard from Highland to Euclid Avenues; and WHEREAS, the City has determined that Dokken Engineering is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the City, and Dokken Engineering is willing to perform such services, which are to be paid for with Federal and Local TransNet funds. NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Dokken Engineering to provide civil engineering and right-of-way acquisition services for street widening improvements on Plaza Boulevard, from Highland to Euclid Avenues, using Federal and Local TransNet funds. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 21, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra. Nays: None. Absent: Zarate . Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California 4 City CIf?rk of the City of atio nal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-226 of the City of National City, California, passed and adopted by the Council of said City on November 21, 2006. City Clerk of the City of National City, Califomia By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 3 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City approving a Contract between Dokken Engineering firm and the City in the total amount of $1,101,000 to provide professional design and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue (Funding for this project is provided 88.53% by Federal (RSTP) and 11.47% by rdlfunds) Din Daneshfar DEPARTMENT Engineering EXT.4387 EXPLANATION See attached explanation. ( Environmental Review N/A MIS Approval Financial Statement /� The contract amount is $$1,101,000. Approved By: o1M /d� trua The funds are available in Account Nos. 307-409-500-598-6569 and 312-409-500-598-6569. P sots ofctw Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC N/A ATTACHMENTS ( Listed Below) Resolution No. . t , i 2 LY 1. Resolution 2. Contract Agreement A-200 (Rev. 7/03) C_ 'Z 0 0 .e �o Re: Resolution of the City Council of National City approving a Contract between Dokken Engineering firm and the City in the total amount of $1,101,000 to provide professional design and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue (Funding for this project is provided 88.53% by Federal (RSTP) and 11.47% by Local TransNet funds) The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I- 805). The purpose of widening portions of Plaza Boulevard is to add capacity and reduce existing congestion, decrease traffic delays, and maintain continuity in Levels of service (LOS) established by the City. Traffic safety is a major factor in justifying the project based a higher than average number of traffic accidents within the project limits. The project is mainly a federally funded project and required to meet the applicable federal and state rules and regulations. On April 16, 2002, after obtaining an authorization from the California Department of Transportation (Caltrans) to begin the Preliminary Engineering (PE) phase, a contract between Dokken Engineering (Professional Engineering Firm) and the City of National City was approved and the PE phase began. The PE work included preliminary engineering calculations, Plaza Boulevard alignment study with various proposed alternative maps for widening, and environmental clearance. Five alternative alignments were presented and the most desirable one was selected for the project. The selected alignment had the minimum impacts to the adjacent properties. The limits of the minimum impact were based on the standard design criterion that was required for the project and its objectives. The City Council was periodically informed during the PE process. On December 20, 2005, as a major part of the final PE work, the City of National City adopted the Mitigated Negative Declaration (MND), and on June 22, 2006 obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements from the Federal Highway Administration (FHWA). Attached is a copy of the correspondence letter from the U.S. Department of Transportation stating that the FONSI was approved and the NEPA process for this project was complete. On August 9, 2006, the City received an authorization notice to proceed with the right of way work. The information regarding the right of way authorization and the federal -aid program allocation is attached. The State has already issued an authorization and allocated federal -aid program funds (88.53% of the total estimated cost) for the final design work. 1 On October 25, 2006, the City was notified by the State that the final design and right of way acquisition could start while Caltrans is finalizing the Project Study Report (PSR). The PSR is a document that is required for the 1-805 bridge underpass and its surrounding improvements within the state right of way. With the adoption of the FONSI, receipt of the right of way authorization, and the acceptance of the final PS&R, the PE phase is considered to be complete. The project is now ready for final engineering design and right of way acquisition. Since, Dokken Engineering has provided the PE services and is most familiar with the project, staff has negotiated with this firm and requested a submittal which includes an updated organization chart, staff qualifications, scope of services outline, and project approach. In summary, the final design and right of way acquisition tasks will include project coordination, survey and mapping, utility coordination, geotechnical design, final plans and specifications, obtaining permits, and right of way acquisition. The final plans, specifications, and cost estimates will be completed on March 31, 2008. The detailed data regarding scope of work, fee proposal, and project schedule is attached for further review. After reviewing Dokken Engineering firm's submittal, staff has concluded that this firm is qualified to perform the final design and right of way acquisition services. It should be noted that during the PE phase Dokken Engineering provided a satisfactory work. Staffs recommendation is that the final design and right of way acquisition services be also performed by Dokken Engineering. The funding for the final design and right of way acquisition will be provided 88.53% by Federal (RSTP) and11.47% by Local TransNet allocation funds. 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOKKEN ENGINEERING TO PROVIDE CIVIL ENGINEERING AND RIGHT-OF-WAY ACQUISITION SERVICES FOR THE STREET WIDENING IMPROVEMENTS ON PLAZA BOULEVARD FROM HIGHLAND TO EUCLID AVENUES, USING FEDERAL AND LOCAL TRANSNET FUNDS WHEREAS, the City desires to employ a Contractor to provide civil engineering and right-of-way acquisition services for the street widening project on Plaza Boulevard from Highland to Euclid Avenues; and WHEREAS, the City has determined that Dokken Engineering is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the City, and Dokken Engineering is willing to perform such services, which are to be paid for with Federal and Local TransNet funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Dokken Engineering to provide civil engineering and right-of-way acquisition services for street widening improvements on Plaza Boulevard, from Highland to Euclid Avenues, using Federal and Local TransNet funds. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING THIS AGREEMENT is entered into this 21st day of November, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Dokken Engineering, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the professional civil engineering and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. 1 Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Chris Johnson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 • Revised April 2005 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a 3 Revised April 2005 current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised April 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers. for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I., Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 Revised April 2005 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; 7 Revised April 2005 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Chris Johnson Consultant Project Manager Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY 8 Revised April 2005 of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services (see also Attachments A-1 through A-3) Exhibit B — Cost Summary Exhibit C — Progrm Schedule Exhibit D — Certification of Consultant Exhibit E — Certification of Local Agency Exhibit F — DBE Form Exhibit G — Nonlobbying Certification Exhibit H — Disclosure of Lobbying Activities Exhibit I — Debarment and Suspension Certification 9 Revised April 2005 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DOKKEN ENGINEERING (Corporation - signatures of two corporate officers)) (Partnership - one signature) (Sole pcQprietorship - ignature) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: By: George H. Eiser. III (Name) City Attorney (Title) (Title) 10 Revised April 2005 EXHIBTT "A" II DOKKEN EXHIBIT "A" V4: SCOPE OF SERVICES PLAZA BLVD PS&E PROJECT DESCRIPTION The City of National City will widen approximately 1.8 kilometers (1.1 miles) of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I-805). The project will widen Plaza Boulevard from its present 4 lanes to 6 lanes, consistent with its Circulation Element status in the National City General Plan. The proposed improvements will take place primarily on the northern side of Plaza Blvd, with some widening proposed along the south side. ASSUMPTIONS • Proposed improvements within the state right of way will be submitted as a separate stand-alone PS&E package to Caltrans. • Improvements to the interchange ramps are not part of this scope of services. • Enhanced pedestrian street crossings (cobblestones or decorative block design) are not part of this scope of services. • • Although the landscape concepts will generally follow guidelines from the Filipino Village concept plans, no improvements related to the Filipino Village concept are included in this project, other than the planting and irrigation systems for the landscape medians and parkways, as specifically shown in the improvement drawings included in the VIA Study. • Landscape plans shall depict repairs to existing planting and irrigation systems on private properties along Plaza Avenue that have been disturbed by the Plaza Blvd widening project. TASK 1.0 PROJECT MANAGEMENT Project Management shall be conducted to ensure a smooth flow of information 1 igg A X i.I kt.k HI 44; DOKKEN between PDT members. Management tasks include: Task 1.1 Kick-off Meeting Consultant shall schedule and conduct a kick-off meeting within two weeks of Notice to Proceed (NTP). Consultant shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the kick-off meeting. Task 1.2 PDT Meetings Consultant shall coordinate and attend Project Development Team (PDT) meetings with City, Cities, and Caltrans staff and other representatives from resource agencies as necessary. Minutes shall be prepared by the Consultant at each meeting and distributed to the City's Project Manager and other attendees. An Action Item list shall be updated and prepared for each PDT meeting. Task 1.3 Monthly Progress Reports Consultant shall prepare progress reports to record the progress of the project and as supporting data for invoices presented monthly to the City. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. Consultant shall mail progress reports with the monthly invoices and deliver the Progress Reports to the City and Caltrans Project Managers at the monthly PDT meetings. Task 1.4 Project Schedule Consultant shall, within 2 weeks of Notice to Proceed (NTP), provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City and Caltrans for review and comments. Consultant shall update the schedule on a monthly basis to coincide with the PDT meetings or as required. Task 1.5 Quality Control Consultant shall have a quality control plan in effect during the entire course of the project. Consultant shall develop a plan establishing a process to ensure design 2 J. RP,ADOKKEN calculations are independently checked. Exhibits and plans shall also be checked, corrected and back -checked for accuracy and completeness. Consultant shall review environmental and engineering Sub -consultant report submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards. Task 1.6 Funding Assistance Consultant shall assist the City in identifying and obtaining funding to complete the construction of the project including attendance at meeting with key stakeholders and funding agencies. Task 1.7 Construction Authorization Assistance Consultant shall prepare all necessary documentation and forms for obtaining authorization to proceed with construction from Caltrans District Local Assistance Engineer (DLAE). TASK 2.0 SURVEYS & MAPPING Task 2.1 Design Surveys Consultant shall perform design surveys including, edge of traveled way surveys, topographic surveys, topographic surveys of areas obscured to aerial photography, existing conform locations and existing drainage invert surveys. Consultant shall provide all required traffic control measures during surveying field work in accordance with the latest edition of the Caltrans Manual of Traffic Controls, the details in the Regional Standard Drawings, and the W.A.T.C.H. Manual. Task 2.2 Survey Cross Sections Consultant shall complete survey cross sections within the project limits. Critical features between section stations shall be surveyed. Task 2.3 Utility Mapping Consultant shall perform a utility search for affected utilities in the project area. The search shall include field review and review of available as-builts and encroachment 3 1 `f DOKKEN i.Ti.i+4t-.k HI permits for the project area. Consultant shall research records for both public and franchise utilities and shall plot the location of all existing facilities including: water, storm drain, electric, and fiber optic cable. Consultant shall include preparation of a database of utility records indicating the type of utility, owner, drawing number, and other vital information. The identified utility companies shall be sent a letter requesting information regarding existing and proposed utilities. Using the information obtained, Consultant shall prepare a utility base map and begin early coordination of utility conflict resolution. Task 2.4 Utility Conflict Identification Consultant shall survey all visible utility features within the proposed area of improvements and identify all critical utility crossings that should be potholed during the design phase to confirm the location so as to avoid conflicts during construction. Task 2.5 Potholing Consultant shall coordinate with City and Caltrans staff to arrange with the respective utility owner to pothole its facility as required. Consultant shall coordinate the use of field survey crews to locate potholed utilities by coordinates and elevations based on the project's survey controls. Task 2.6 Right of Way Requirements Map Consultant shall prepare a right of way requirements map based on the right of way requirements for the build alternative. The right of way requirement maps shall define all property acquisition and easement areas required. TASK 3.0 UTILITY COORDINATION Task 3.1 Utility Coordination Consultant shall complete all utility coordination matters, except for those procedures that must be performed by City. Consultant shall coordinate with public and private service providers in regards to traffic control and construction staging. Consultant shall provide copies of the plans in digital format if requested by the 4 15 DOKKEN h A 1. I b 11, 14 $ utilities. Consultant shall coordinate with the Caltrans Utility Coordinator for all utility clearances and relocations. Consultant shall coordinate with utility owners, City and Caltrans utility coordination staff with respect to all utility related matters, including: • Requests for utility as -built plans and inventory maps. • Request for property rights information. • Design coordination meetings and communications. • Notices to owner to initiate design. • Notices to owner and agreements to pothole including submissions to Caltrans for encroachment permits. • Inclusion of utility information, including sub -surface engineering data, on improvement plans. • Notices to owner to relocate conflicting utilities. • Coordination and communication with respect to utility facilities that are to be installed within planned bridge structures including preparation of agreements as required. • Coordination and communication with respect to utility facilities that are to be installed prior to or concurrent with City's construction project, including preparation of agreements as required. • No conflict letters. • Coordination of the implementation of the under grounding of utilities as identified in Resolution 91-221 (City of National City 1991) for the Plaza Boulevard Underground Utility District and extending that to encompass the entire proposed action corridor shall be coordinated by the Consultant. Task 3.2 Utility Coordination Meetings Consultant shall conduct utility coordination meetings, as needed, regarding adjustments and relocations, to resolve conflict issues, and with respect to performing work for utility companies by City contractors. For utility conflicts that 5 l�. DOKKEN h J.I.IGhh W 1 V1: require relocating, Consultant shall prepare notices to owner relocate conflicting - facilities. However, it is expected that City staff will sign the orders. Consultant shall make recommendations for special provision language with regard to utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. Consultant shall coordinate with City survey and utility companies as required with respect to prior rights claims and determinations. Task 3.3 Utility Correspondence Consultant shall provide copies of all correspondence with utility companies and other utility related information to the City and Caltrans as required. Consultant shall implement utility coordination and relocation in accordance with Caltrans Right of Way Manual, Chapter 13 and necessary City procedures, including but not limited to: • Preparation of letters to owners of utilities. Consultant shall prepare letters for County signature as required. Consultant shall prepare and send correspondence under Consultant's signature when feasible and appropriate. • Submittals. Consultant shall submit letters, notices to owner, agreements, and other documents to City and Caltrans for reviews and approvals. • Consultant shall comply fully with Caltrans utility coordination procedures, as outlined in Chapter 13 of the Caltrans Right of Way manual. Consultant shall maintain files in accordance with Caltrans filing requirements, and shall provide Caltrans with duplicate files and shall provide City with original files upon completion of construction. Task 3.4 Utility Conflict Resolution Known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. Inventory numbers of poles, vaults and other surface facilities shall be shown on the plans for those facilities that have such numbers attached to the facility and as provided on the owner's inventory maps. 6 /7 DOKKEX ts , h t. I< It VI: Consultant shall send preliminary design plans to owning utility companies within the project limits with request for review and comments on the plans relevant to their respective facilities, and other project specific information. Consultant shall monitor responses of utility notices received and make recommendations for mitigating conflicts. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows: • Consultant, through City staff, shall request and obtain a written acknowledgement of any conflicts from the respective utility owners. • Reasonable efforts shall be taken to accommodate utility company requests for minor design changes to accommodate their facilities. Consultant understands that the utility companies are generally operating within the City or Caltrans right-of-way, but may have prior rights to that of the City/Caltrans or may have rights prescribed by Master Utility Agreements between Caltrans and utility companies. • Consultant shall coordinate inclusion of special provisions in City's bid documents for adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility. Said work may require that cooperative agreements be prepared between the City and the owning utility companies. Consultant shall prepare agreements and shall provide information and exhibits as required to support the preparation of cooperative agreements, if needed. Task 3.5 Utility Service Connections If new electrical service shall be needed, Consultant shall provide support as directed by City. Such support includes, but is not limited to, the following responsibilities: • Obtain approved electrical service point from the serving electric company for each service equipment enclosure to be installed, and identify requirements that the serving electric company has for the provision of service. Fulfill 7 a DOKKVEN wra.int,aue vc serving electric company requirements as appropriate, including preparation of applications for service and other required documents, some of which may require City or Caltrans signatures. • Serving electric company shall be notified that Electrical Safety Orders clearance requirements must be met (10 foot radial clearance between 12 kv overhead electrical facilities and signal poles and mast arms, and greater clearance for higher voltage electrical facilities). Show such clearance conflicts on the plans with construction notes. • Submit plans indicating proposed service connection locations to serving electric company for approval (service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate). • Provide detailed load calculations to serving electric company, with a copy to the City, which provides calculations of the normal and maximum expected loads. Task 3.6 High/Low Risk Utility Certification Consultant, in accordance with the RTL Guide and Appendix LL "Policy on High and Low Risk Underground Facilities within Highway Right of Way" of the Project Development Procedures Manual (PDPM), shall review existing utilities and determine whether the facilities are high or low risk. TASK 4.0 GEOTECHNICAL DESIGN Task 4.1 Literature Review and Reconnaissance Consultant shall begin the investigation by reviewing available geologic and geotechnical literature pertaining to the project site. Consultant shall review published soil and geologic data as available from appropriate public agencies. The review shall include a review of reports and geologic maps prepared by the California Geological Survey, the U.S. Geological Survey, and other government agencies. Consultant shall also review Caltrans reports and documents pertaining to the 3 !i DOKKEN ..i .. n...vw existing structure, if available for review. A geologic/geotechnical reconnaissance by a California Certified Engineering Geologist and/or a California Registered Geotechnical Engineer shall be performed along the full length of the proposed improvements, to observe and check for geological conditions and features that could impact design, construction and cost of the proposed improvements. Task 4.2 Field Investigation and Utility Clearance Prior to the field investigation, Consultant shall submit a plan showing locations of the proposed borings along with a completed application package to Caltrans District 8 Permit Office to obtain an Encroachment Permit. Following Caltrans appraisal, and prior to drilling, Consultant shall contact Underground Service Alert (USA) to identify potential conflicts between our planned boring locations and existing underground utilities. Traffic control shall be required for drilling within portions of the existing right of way. Consultant shall drill and log up to six geotechnical borings for evaluation of subsurface conditions to support preliminary foundation studies and pavement design. Two borings shall be completed in the area of the tie -back retaining Walls. The location of the borings shall be determined following our literature review and site reconnaissance. Task 4.3 Laboratory Testing Laboratory testing shall be performed on selected samples obtained during field exploration to assess the physical characteristics of the subsurface materials. The testing shall include moisture/density, gradation, plasticity index, sand equivalent, consolidating/collapse potential, direct shear strength, maximum density/optimum moisture content, R-value and corrosion potential. The testing program may be modified based on the actual subsurface materials encountered during exploration. Task 4.4 Geotechnical Design Report Consultant shall prepare a Geotechnical Design Report for design and construction of embankments and pavement structural sections in general accordance with 9 DOKKEN California Test Method CAL-130, and shall present the data obtained during field exploration and laboratory testing, as well as conclusions and recommendations pertaining to the following: • Project description including proposed improvements, climatic conditions, terrain and surface drainage, and land use. • Discussion of geotechnical settings including regional geology, subsurface soil and groundwater conditions. • Recommendations for design of retaining walls, including foundation type, allowable capacity and lateral pressures. • Recommendations for construction of roadway and embankment foundations and estimated settlement. • Evaluation of gross and surficial stability of the proposed fill slopes. • Earthwork considerations, including excavation characteristics and erosion controls. • Collapse, expansive and corrosion potentials of the subgrade soils and recommended mitigation measures, if necessary. • Earthquake considerations including seismic design criteria for fill embankment, and seismic hazards including the potential for liquefaction, ground rupture due to surface faulting and seismically induced settlement. • Recommendations for pavement structural design based on traffic indices assumed or provided by the client. • Pavement design shall consist of a cost estimate for the pavement items, existing structural section information, existing and projected traffic data, Traffic Indexes, R-values, and a pavement condition survey. Consultant shall conduct a visual condition survey of the project pavement surface. The focus of the survey shall be to identify distresses that need to be addressed as part of the rehabilitation recommendations or distresses possibly caused by 10 o�� WelDOKKEN pavement structural problems. Some of these distresses may include: • Fatigue cracking (alligator cracking, edge cracking) • Longitudinal and transverse cracking • Block cracking • Rutting • Pot holes, depressions • The distress types, severities and quantities identified on the project site shall be documented for evaluation and inclusion in the final report. • Discussion of materials available including local and commercial sources and materials specifications. • Logs of Test Borings (LOTB). Task 4.5 Structures Foundation Report Consultant shall prepare a Structures Foundation Report in accordance with Caltrans Guidelines for Foundation Investigations and Reports, and shall include the following: • Seismic design recommendations including recommended acceleration response spectra in accordance with the current Caltrans Seismic Design Criteria. • Recommendations for design and construction of shallow or deep foundations including recommended bearing capacities, lateral resistance, and total and differential settlements. • Overall stability analyses of footings, slope and foundation materials; evaluation for static and pseudo -static conditions. • Construction considerations. • Log of Test Borings (LOTB) Sheets. • The conclusions and recommendations pertaining to design and construction of foundation systems shall be presented in a Draft Structure Foundation UOKKEN A D I. 1 F 1. A N I V I: Report with a site map showing boring locations, LOTB Sheets and laboratory test results. • Consultant shall prepare LOTB Sheets to be included as part of the Foundation Report and Contract Plans. TASK 5.0 35% PS&E PACKAGE Consultant shall develop plans to 35% standards for PS&E. The plan sheets shall include: Task 5.1 Title Sheet Consultant shall prepare a title sheet that includes an index of sheets, the project description, location map, notes, title and signatures blocks in City plan sheet format. Task 5.2 Typical Cross Section Sheets Consultant shall prepare typical section sheets for freeway lanes, ramps and arterial road improvements that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls, existing/proposed right of way and existing/recommended structural sections. Task 5.3 Key Map/Line Index Sheet Consultant shall prepare a key map/line index sheet that includes a location outline of all plan view sheets. A summary table defining the location of each roadway sheet shall be prepared. Horizontal alignments shall be identified and annotated with the "Line" name. Task 5.4 Layout/Curb Profile Sheets Consultant shall prepare base geometrics include geometric data required to construct the project and curb profiles. Geometric curve data shall be organized in a data table. A legend and abbreviations list shall be prepared along with a "location of sheet" diagram for ease of layout understanding. Task 5.5 Curb Return Layout/Profile sheets 12 23 DOKKEN Consultant shall prepare curb return layout and profiles for the street improvements. Task 5.6 Draft Engineer's Estimate Consultant shall prepare a Draft Engineers Estimate of construction costs, based on preliminary design information and current unit prices. All quantity calculations shall be independently checked and substantiated with independent calculations. Task 5.7 Structure Type Selection • Site Plans. Consultant shall obtain and review the as -built drawings of the existing bridge structure and perform site surveys as necessary to determine existing conditions and topography and to establish or verify construction survey controls. Before beginning the structural design, the Consultant shall prepare and deliver the required number of copies of the completed Bridge Site Data Submittal Package to Caltrans for review. • Type Selection. Consultant shall produce, submit and present the Type Selection Report for the Tie -back Retaining Walls. Consultant shall schedule, hold, run and document a Type Selection Review Meeting, in Sacramento, to discuss and provide information on foundation requirements, proposed seismic design criteria, aesthetics, traffic handling, and other pertinent information related to wall design, construction and maintenance. Consultant shall perform drainage design calculations for the proposed bridge deck drainage systems and prepare a Bridge Drainage Report summarizing the findings. The Type Selection Report shall contain a General Plan; General Plan Estimate; Vicinity Map; Type Selection Memo; Project Seismic Design Criteria; and supporting documentation for potential seismic retrofit strategies and associated costs. • Structures Aesthetic Treatment Package. Consultant shall prepare an Aesthetics Treatment Package for structures. The package shall consist of proposed aesthetically enhancing structural details and surface treatments. 13 ay DOKKEN _K b 7. 11. 1. K N 1 1 4: The package shall be submitted to the City and Caltrans for approval. Deliverables: Consultant shall submit 30 sets of 35% plans, reduced to 11" x 17" size, and an engineer's estimate. Consultant shall complete and obtain Type Selection approval for the Tie -back Walls. After receiving written approval of the proposed General Plan and structure type, the Consultant shall furnish OSFP with 15 Copies of the Type Selection Report; 1 Copy Bridge Site Data Submittal form and attachments; 2 Copies Draft Foundation Plan; 4 Copies Bridge Drainage Report; 40 Copies Approved General Plan. TASK 6.0 65% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic,.miscellaneous plans, special provisions, the engineer's estimate and a draft drainage report for review by the City and Caltrans at the 65% completion stage. Consultant shall prepare the following sheets: Task 6.1 Title Sheet Task 6.2 Typical Cross Section Sheets Task 6.3 Key Map/Line Index Sheet Task 6.4 Street Layout/Street Curb Profile Sheets Task 6.5 Curb Return Layout/Profile sheets Task 6.6 Driveway Layout/Profile Sheets Task 6.7 Construction Detail Sheets Construction detail sheets shall be prepared for street intersections, driveways, curb transition details, and miscellaneous details required for the project. Task 6.8 Water Pollution Control Sheets Consultant shall prepare plans for erosion control facilities for the project. Design of these facilities shall include current Best Management Practices and shall conform to the City and other requirements of Caltrans and the Regional Water Quality Control Board. 14 �5 DOKKEN k *i. I(. 1. K KI.V/: Task 6.9 Contour Grading/Drainage Sheets Consultant shall prepare contour grading sheets/drainage sheets. Task 6.10 Drainage Profile Sheets Consultant shall prepare drainage profile, detail and quantity sheets. Task 6.11 Utility Sheets Consultant shall prepare utility sheets that shall depict both existing and relocated utilities. Task 6.12 Stage Construction/Traffic Handling Sheets Consultant shall prepare traffic handling plans, which show closure of lanes, detours, construction area signs and number of available lanes. Included in these plans are signing, striping, temporary traffic signals and quantities. Task 6.13 Pavement Delineation/Signing Sheets Consultant shall prepare pavement delineation/signing plans, pavement delineation/ signing quantity sheets. Task 6.14 Planting/Irrigation Sheets Consultant shall prepare planting/irrigation sheets including details/quantities. The plans shall include the design and preparation of the planting and irrigation improvements within the project limits. The plan submittals shall include the following drawings: • Plant Lists - indicating the plant botanical and common names, sizes, quantities, and fertilizer application rates for each, planting setbacks and clearances, and plan symbols representing each. A plant list shall be prepared for both the City and Caltrans right of way areas. • Planting Plans - indicating the plant locations, types, and quantities, and graphic symbol representative for each. • Irrigation Schedules - indicating the irrigation emission devices, the characteristics for each product, specific materials requirements, and 15 " DOKKEN 1,1.1.16b. N W1 V I: ..., Ia <.. .. . components legend. An irrigation schedule shall be prepared for both the City and Caltrans right of way areas. • Irrigation Plans - indicating diagrammatic locations, types, and sizes, of all proposed irrigation materials, including points of connection, backflow preventers, automated irrigation controllers, remote control valves, master valves, flow sensors, conduit, piping, and emission devices. Existing irrigation systems shall be inventoried and notes provided on the plans indicating repairs due to roadway excavation to enable the widening. The Consultant shall coordinate with the Electrical Engineer to provide the electrical supply and phone services to the automated controller locations. • Planting and Irrigation Details - indicating the typical installation requirements for plantings and irrigation components, including City standard irrigation controls. Task 6.15 Traffic Sheets Consultant shall prepare plans to upgrade intersection controls, including new traffic signals. Consultant shall prepare traffic signal design plans for interim, during construction and the ultimate improvements. The plans shall include all work necessary to install the traffic signals and shall conform to the requirements of the City and Caltrans. Task 6.16 Retaining Wall Sheets Consultant shall prepare tie -back retaining wall sheets including typical sections, details and architectural treatments. • Structures Independent Check. An Independent Check of the Tie -back wall design shall be completed. Checking shall include the preparation of an independent set of structural design check -calculations. Task 6.17 Sound Wall Sheets Consultant shall prepare sound wall sheets including typical sections, details 16 G77 DOKKEN 1: 1.I b!!1ifft V" and architectural treatments. Task 6.18 Draft Special Provisions Consultant shall prepare project specific roadway Special Provisions in accordance Caltrans' standards. The Roadway Special Provisions shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the Engineer who prepared the special provisions or the Engineer under whose direction they were prepared. A list of contract items with item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit costs, shall be included in the special provisions. Task 6.19 Draft Engineer's Estimate Consultant shall prepare an Engineers Estimate of construction costs, based on detailed quantity takeoffs and current unit prices. The final estimate format shall be the standard Caltrans estimating system. Task 6.20 Draft Hydrology/Drainage Report Consultant shall research all existing improvement plans and drainage maps to obtain pertinent drainage information and plot said information on a tributary map. Consultant shall determine the limits and characteristics of watersheds, existing and future drainage facilities, and existing and future developments affecting the project limits. The information shall be included in the hydrology study and considered in the design of drainage facilities. Consultant shall analyze existing drainage systems for their ability to accommodate future design flows and propose drainage modifications/ improvements for the project in accordance with Caltrans/City requirements. Task 6.21 Draft Storm Water Data Report (SWDR) • Identification of Impacts. Consultant shall identify potential storm water quality impacts and develop options to avoid, reduce or minimize the potential for storm water quality impacts. Consultant shall ensure that the 17 IIIDOKK£N as�.i••.a•ev4s ra...•-........ programmed project includes sufficient right-of-way and budget for required storm water controls and identify project -specific permanent and temporary Best Management Practices (BMPs) that may be required to mitigate impacts. Drainage areas and total disturbed area shall be defined, as shall climatic conditions, existing drainage site conditions, site permeability, soil texture, existing vegetation and groundwater. • Evaluation Documentation Form. Consultant shall determine hydraulic conditions, disturbed soil areas, local pollution control requirements and total maximum daily Toads (TMDLs) within the project vicinity. • Site Data and Storm Water Quality Design Issues. Consultant shall define site data and storm water quality design issues in accordance with checklists SW- 1, SW-2 and SW-3 from the Caltrans Project Planning and Design Guide: • Receiving water bodies/303(d) list/Pollutants of Concem • Regional Water Quality Control Board (RWQCB) special requirements/concerns • Local agency requirements/concems • Project design considerations (climate, soil, topography, geology, groundwater, right of way requirements, slope stabilization • Right-of-way BMP costs and funding • Measures for avoiding or reducing potential storm water impacts • Design Pollution Prevention BMPs. Consultant shall describe proposed design pollution prevention BMPs to be used on the project in accordance with checklists DPP-1, Parts 1-5: • Downstream effects related to potentially increased flow. • Slope/Surface protection systems. • Concentrated flow conveyance systems. • Preservation of existing vegetation. DOKKEN /.L4.16Mk NI V41 • Permanent Treatment BMPs. Consultant shall describe proposed permanent treatment BMPs to be used on the project in accordance with checklists T-1, Parts 1-7: • Biofiltration Swales/Strips • Dry weather diversion • Infiltration basins • Detention basins • Gross solids removal devices • Traction sand traps • Media filters • Multi -chamber treatment train • Wet basins • Construction Cost Information. Consultant shall prepare a summary of construction costs included in the Preliminary Construction Cost Estimate Summary associated with storm water pollution prevention. Task 6.22 Draft Traffic Management Plan (TMP) Consultant shall prepare a Draft Traffic Management Plan (TMP). The TMP shall address development of a public awareness campaign, proper identification of detour routes and lane closures, scheduling of construction activities during off-peak hours, emergency access, development of traffic contingency plans and other factors related to traffic management during construction. Deliverable: Consultant shall submit 30 sets of 65% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, and 4 copies of the Traffic Management Plan. TASK 7.0 100% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic, miscellaneous plans, special provisions, the engineer's estimate and a final drainage report for review at the 19 3'0 DOKKEN 100% completion stage. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, signature, certificate number, registration classification, expiration date of the certificate of the professional engineer responsible for their preparation. Consultant shall prepare the following plan sheets: Task 7.1 Title Sheet Task 7.2 Typical Cross Section Sheets Task 7.3 Key Map/Line Index Sheet Task 7.4 Street Layout/Street Curb Profile Sheets Task 7.5 Curb Return Layout/Profile sheets Task 7.6 Driveway Layout/Profile Sheets Task 7.7 Construction Detail Sheets Task 7.8 Water Pollution Control Sheets Task 7.9 Contour Grading/Drainage Sheets Task 7.10 Drainage Profile Sheets Task 7.11 Utility Sheets Task 7.12 Stage Construction/Traffic Handling Sheets Task 7.13 Pavement Delineation/Signing Sheets Task 7.14 Planting/Irrigation Sheets Task 7.15 Traffic Sheets Task 7.16 Retaining Wall Sheets Task 7.17 Sound Wall Sheets Task 7.18 Draft Special Provisions Consultant shall respond to comments received on the Draft Special Provisions and prepare Final Special Provisions for construction. Task 7.19 Draft Engineer's Estimate Consultant shall respond to comments received on the Draft Engineer's Estimate and prepare a Final Engineer's Estimate for construction. 20 3/ DOKKEN k .t. 1. 1 1. t. k K 1 V If Task 7.20 Draft Hydrology/Drainage Report Consultant shall respond to comments received on the Draft Hydrology Drainage Report and prepare a Final Hydrology/Drainage Report. Task 7.21 Draft Storm Water Data Report (SWDR) Consultant shall respond to comments received on the Draft SWDR and prepare a Final SWDR. Task 7.22 Draft Traffic Management Plan (TMP) Consultant shall respond to comments received on the Draft TMP and prepare a Final TMP. Task 7.23 Draft Construction CPM Schedule Consultant shall respond to comments received on the Draft Conceptual CPM Schedule and prepare a Final Conceptual CPM schedule for construction. Task 7.24 Construction Bid Support • Respond to Contractor Questions. Consultant shall analyze contract plan items requiring interpretation during the bidding period to determine the proper procedure required to address resolution of item interpretation. If necessary, Consultant shall assist in the preparation of an addendum to address resolution of the contract plans interpretation. • Prepare Geotechnical Information Handout. Consultant shall prepare a Geotechnical Information Handout for the use of prospective bidders. Selected portions of the Geotechnical Design Report shall be compiled in a handout. The material shall include, at a minimum test data on materials sources and soil survey sheets showing borings and tests. • Resident Engineer (RE) File. Consultant shall prepare Resident Engineer files. The files shall contain, at a minimum, the preliminary and final construction quantities and cost estimates, and all appropriate correspondence related to DOKKE' i.T1.166.k KI.V Y. environmental approval and final design of the project. • Prepare Design Cross Sections. To aid in the preparation of earthwork bids, Consultant shall provide design cross sections to be made available for use by prospective bidders, for each roadway alignment. Deliverable: Consultant shall submit 40 sets of 100% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, 4 copies of the Traffic Management Plan, 4 copies of the Construction CPM Schedule, 4 copies of Resident Engineer Book, 4 copies of Geotechnical Design Report, 4 copies of the Structures Foundation Report, answer questions during construction bidding, and provide materials required to assist prospective bidders. TASK 8.0 PERMITS Task 8.1 Permit Compliance Permits shall be obtained for geotechnical drilling, access to state right of way and compliance with the following: • National City's National Pollution Discharge Elimination System (NPDES) permit (No. CA 50108758) requirements (Order No. 2001-01). • National City Ordinance No. 2002-2213 and Standard Urban Runoff Mitigation Plan (SURMP). • Section 401 Regional Water Quality Control Board's Permit. TASK 9.0 RIGHT OF WAY Task 9.1 Right of Way Plats and Legal Descriptions Consultant shall conduct record data searches of Caltrans right of way maps, survey records at the County Surveyor's office, National City record maps and record deeds. Consultant shall prepare legal descriptions and plats for property acquisition and/or easements for up to 35 owners with a maximum of 2 types of acquisition per ownership. 22 g3 DOKKEX AXI.1 .L.A HI `i4 Task 9.2 Right of Way Acquisitions Consultant shall provide budget estimates for property takes required. Budget estimates shall include values for property including severence damages (if any). Consultant shall provide Preliminary Title Reports, Real Estate Appraisals for all property rights to be acquired, Appraisal Reviews. Consultant shall provide fumiture, fixture and equipment appraisals, goodwill appraisals, and shall provide business and residential relocation services (FF&E, Goodwill and Relocation services are not anticipated but will be provided if needed). Consultant shall work closely with the City and Caltrans to obtain approval of the appraisals and authorization for offers to be presented. Consultant shall prepare and deliver offer letters, negotiate with all affected property owners until either a settlement is reached, or it is apparent that a settlement cannot be reached. If a settlement is reached, Consultant shall oversee the escrow function through closing, including relocation as required to deliver the property to the City free of tenancy issues. If a settlement cannot be reached, Consultant shall assist the City Attorney as required during the eminent domain process. Specific tasks shall include: • Review appraisals and related documents. • Provide acquisition negotiations. • City/Appraiser/Caltrans coordination. • Escrow coordination. • Meetings and reports. TASK 10.0 Design Support During Construction (Negotiated Task) Design support during construction shall be determined as an amendment to the contract negotiated just prior to the start of construction. 23 3(f ATTACHMENT A-1 ADDITIONAL CONTRACT PROVISIONS A. The Contract will begin on -1:1 /21 /06 and expire on the work completion date based on the project schedule (Exhibit "C') unless extended by amendment. B. 1. Code of Federal Regulations (CFR) 48 Chapter 1, Part 31 et seq, shall be used to determine the allowability of the individual items of cost. 2. The Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, OMB Circular A 110, for nonprofit subrecipients, and CFR 49 Part 26 Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs. 3. Any coats for which payments have been made to the Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1 Part 31 or CFR 49 Part 18, are subject to repayment by the Consultant to the City of National City, the State and the Federal Government. 4. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. C. 1. The method of payment for this contract will be based on actual costs. The City of National City will 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, not to exceed an amount of the contract. The payments for the work will be monthly and shall be scaled based on the percentile completion of the entire project. 2. It is understood and agreed that the contract's not to exceed amount is an estimate and that the City of National City will pay only for those services actually rendered as authorized by the Contract Manager for the City. D. 1. The Consultant and all subconsultants shall mhintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract and for three y after final payment under the contract. The City of National City, the State, the A or their duly authorized representatives shall have access to any books, records d documents of the Consultant that are pertinent to the contract for audits, examinations, excerpts, and copies thereof shall be famished if requested. 2. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. E. The Consultant shall comply with the requirements of Government Code, Section 7550, with respect to the required notice on any documents or written reports prepared. F. Any subcontract, entered into as a result of this contract, shall contain all of the applicable provisions of the contract agreement. G. In the event of any conflict between language contained in this Exhibit versus any other provisions of the contract, this language of this Exhibit will prevail. 5S Attachment A-2 "Project Description and Location" The project is located in the City of National City, County of San Diego, California, on plaza Boulevard between Highland Avenue and Euclid Avenue. The project include the fmal design and right of way acquisition tasks which will in summary consist of the project coordination, survey and mapping, utility coordination, geotechnical design, fmal plans and specifications, obtaining permits, and right of way documentations and acquisition (see attached figure 1 & 2 for the vicinity and location maps). SAN DIEGO BAY J 4 � R W.2 r � W.32VD PEPPE PARK CITY OF SAN DIEGO CITY or NATIONA CITY 0� SWEETWATER FLOOD CONTROL CITY OF CHULA VISTA CITY OF SAN DIEGO DIVISION sr. PLAZA CIVIC CEN TR DRIVE E.16TH W. 18TH ST. W.22ND W.24TH \ W.30TH CHANNEL W 35/# ST. E.1 BTH £.30TH BLVD. ST. ST. C ST. SITE £.8TH 5T. E.: 2N0 5T. E.24TH ST. 3 sr. DIVISION W 22ND cur OF NATIONAL CITY CITY OF s. CHULA VISTA VICINITY MAP NO SCALE FIGURE 1 sr. E. 4TH ST. E.8TH Sr LAZA BLVG E.16TH ST. E.1BTH sr. sr. z t CITY OF SAN DIEGO PAADJ VALLEY RD. ALLEGHANY 5T. 10FO,y,4C LINCOLN ACRES UNINCORPORATED CEMETERY VALL Y RD 0 CITY OF SAN DIEGO 2 a HWY. NOT TO SCALE 54 D. N MIGUEL COURT 37 LEFT -TURN LANE (TYP> WIDENING GYP) PLAZA BOULEVARD REGIONAL ARTERIAL SYSTEM NO SCALE FIGURE 2 1 Attachment A-3 "WORK TO BE DONE BY THE CITY" 1. The City will provide available signal and timing plans, speed information, distances between intersections, etc. related to the project. 2. The City will provide available plans, aerial photos, contour maps, etc. related to the project. 3. The City will provide available information related to the properties along the Plaza Boulevard project corridor. 3? EXHIBIT "B" 50 EXHIBIT "B" GOME Dokken Engineering Aguirre & Associates Estrada Land Planning Wiggans & Willett Plaza Blvd PS&E 55.9% 4.5% 6.4% 33.2% $615,700.00 $50,000.00 $70,300.00 $365,000.00 TOTALS: 100.0% 4.5% $1,101,000.00 Eai N C. 1 N 1•:. i.. f; 1 Ni C. DOK.KEN 41/ FEE PROPOSAL - PS&E Phase DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Chip Willett Protect Manager 456 $41.00 $18,696.00 - Senior RIW Agent 832 $35.75 $22,594.00 Assistant RIW Agent 256 $21.50 $5,5134.00 $4,248.00 Administration 238 $18.00 INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS TOTAL HOURS Billed at Actual Cost 1,580.00 TOTAL LABOR $51,042.00 155.00% TOTAL OVERHEAD $79,115.10 ITEM Firm QTY UNIT COST AMOUNT Prellminar!Title Reports First Southwest Title 37 $600.00 $22,200.00 Property Appraisals (Complex) Anderson & Brabant 5 26 $7,000.00 $3,500.00 $35,000.00 $91,000.00 Property Appraisals Anderson & Brabant Review Appraisals (Complex) Hendrickson Appraisal Co. 5 31 $3,500.00 $1,750.00 $17,500.00 $54,250.00 Review Appraisals Hendrickson Appraisal Co. Reproduction CouHer Service 1 $677.19 $677.19 1 $650.00 $650 00 Long Distance Telephone, FAX 1 $550.00 $550.00 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS $221,827.19 FEE $13,015.71 TOTAL COST $365,000.00 DO KKEN FEE PROPOSAL - PS&E Phase DIRECT COSTS LABOR Vicki Estrada Scott Molentin INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS FEE IPROFIT) PERCENTAGE FUNCTION Princl • I Senior Landsca•e Architect Candace•• Deslgn•r AssistantLandsca• Desiener 720 TOTAL HOURS 10% Billed at Actual Cost $83.00 $41.00 $30.00 $20.25 AMOUNT S4,432.00 $5 658.00 37,440.00 35,870.00 TOTAL LABOR $23,250.00 172.00% TOTAL OVERHEAD $39,990.00 TOTAL DIRECT COSTS $736.00 FEE $6,324.00 TOTAL COST =70 300.00 LOKKEN 2,>y t:j Jt:N:f. f ail. xox �..: >::e r�I ew 93 FEE PROPOSAL - PS&E Phase DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Mickey Aguirre Principal Land Surveyor 18 $50.00 $900.00 Nick Wilson Party Chief 106 545.88 $4,861.16 Mike Havener Land Surveyor 54 $37.00 $1,998.00 _. Senior Chainman 102 $42.68 $4,353.36 Survey Technician 202 $24.00 $4,848.00 INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS Billed at Actual Cost OTAL LABOR 518,980.52 163.00% TOTAL OVERHEAD $27,645.65 ITEM Reference Maps QUANTITY 1 UNIT LS UNIT COST $933.22 AMOUNT $933.22 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS 5933.22 FEE $4,460.82 TOTAL COST DOKKEN FEE PROPOSAL - PS&E Phase DIRECT COSTS tLABOR NAME FUNCTION HOURS RATE AMOUNT Chris Johnson, PE Project Manager 168 $64.00 510,752.00 Don Bloodworth, PE Project Engineer (Roadway) 398 $45.00 $17,910.00 John Bishop, SE Project Engineer (Structures) 76 $56.00 $4,256.00 Rob Lawrence, PE Structures/Geotech Design 150 . $43.00 $6,450.00 Associate Engineer, PE 696 $40.00 $27,840.00 Assistant Engineer 2,606 , $29.50 $76,877.00 CADD/Roadway 1,634 $26.50 $43,301.00 CADD/Structures 196 $34.00 $6,684.00 Environmental 28 $36.00 $1,008.00 OTAL HOURS INDIRECT COSTS (OVERHEAD) OVERHEAD 5,952 TOTAL LABOR 171.O0% $195,058.00 DIRECT COSTS Billed at Actual Cost TOTAL OVERHEAD $333,549.18 ITEM QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS $432.10 $432.10 Potholing 1 LS $15,300.00 $15,300.00 Laboratory- Geotechnical 1 LS $8,500.00 $8,500.00 Drill Rig 1 LS $6,500.00 $6,500.00 Traffic Control - Geotechnical 1 LS $3,500.00 $3,500.00 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS $34,232.10 FEE $52,860.72 DOKKEN ENGINEERING TOTAL COST Pir4 $615,700.00 DOKKEN'. 415 NM 111 111 Mili MIONNOM Millirni $ hi% 1 IMMlile011111MINNONEMMINN munno --- 11 IS MI I MAI IMMO NM ii I - 1, IIMMimmaINNIMENIMMINENSISMONJ MOOMINSIIMINIONMENSIONIN =MO BM ' f 110110010111111011 ORIONIMMIO ININIMPONION MN irTM tilik . II 111 b IMEN lil I MI"� R I� � I I; 111 EV EMI 1 NIT � I �� � � I', III :� ', 1, • Pf EXHIBIT "C" it 7 EXHIBIT "C" ID Task Name I Duration Start I L Finish 2006 2007 2008 Nov Jan Mar1Mayl Jul IS Nov Jan lMarlMaylJul ISeplNov Jan IMarlMayl Jul ISep 1 Plaza Blvd PS&E 341 days Mon 12/11/06 Mon 3/31/08 NTP 0 days Mon 12/11/06 Mon 12/11106 NT 4.12/11/06 2 Right of Way Acquisition 339 days Tue 12/12/06 Fri 3/28/08 Right of Way Acquisit 'rTTTT 3 777T1TT�-77 4 Prepare 35% PS&E 90 days Tue 12/12/06 Mon 4/16/07 Prepare 35% P E i' `' :;: • 4/16/07 Submit 35% PS&E 0 days Tue 4/17/07 Tue 4/17/07 Submi 35% PS&E 4,4/17/07 (Review 5 Agency Review 20 days Thu 4/19/07 Wed 5/16/07 ncy . 5/16/07 , r. 6 Prepare 65% PS&E 120 days Fri 5/18/07 Thu 1111/07 Pre are 65% PS&E 1111107 7 ; j-2j Submit 65% PS&E 0 days Fri 11/2/07 Fri 11/2/07 ' Submit 65% PS&E 411/2/07 8 Agency Review 20 days Tue 11/6/07 Mon 12/3/07 Agency Review :4 12/3/07 9 10 Prepare 100% PS&E 50 days Wed 12/5/07 Tue 2/12/08 Prepare 100% PS&E VF.,t 2/12/08 11 Submit 100% PS&E 0 days Wed 2/13/08 Wed 2/13/08 Submit 100% PS&E ...2/13/08 Agency Review 31 days Fri 2/15/08 Fri 3/28/08 Agency Review 3/28/08 12 0 days Mon 3/31/08 Mon 3/31/08 Approve PS&E : 3/31/08 13 Approve PS&E EXHIBIT "D" EXHIBIT "D" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the , and duly authorized representative of the firm of , whose address is , 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 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, foror 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 (Cattails) 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) (Signature) LPP 06-02 Page 10-43 May 1, 2006 EXHIBIT "E" 5/ EXHIBIT "E" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the of the (local agency) , and that the consulting firm of ,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) (Signature) LPP 06-02 52 Page 10-45 May 1,2006 EXHIBIT "F" 53 AGENCY: EXHIBIT "F" Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information This information shall be provided by the successful Proposer/Bidder with the award document. ❑PreWrwtaryEngr. 0 Studies ❑Environmental Document ❑PrelhnDesign ❑Final Design Right of Way ❑Right of Way Engineering ❑Right of Way Utility Relocation ['Construction ❑Constructilon Engineering ['Construction Management LOCATION: PROJECT DESCRIPTION: CONTRACT NUMBER: FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: S FEDERAL SHARE (For local agency to complete) : S PROPOSAL/BID DATE: PROPOSER'S/BIDDER'S NAME: ADVERTISED DBE CONTRACT "Availability Advisory Percentage"' CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED' DBE Cat No. AND EXPIRATION DATE NAME OF DBEs r (Must be certified on the date bids are opened - include DBE address and phone nwnber) DOLLAR AMOUNT DBE IMPORTANT. [dandify all DBE firms being claimed for credit, Copies of the DBE quotes are helpful. Names ofthe first -Tier DBE their respective item(s) of work listed above shall be consistent with of work in the "List of Subcontractors" submitted with your bid pursuant Subcontractors Listing Law and the Special Proviaions; 1. Ender DBE prime and subcontractors ptittifrcation number. Prime indicate all work to be performed by DBEs including work performed DBE forces. 2. If 100% of item is not to be performed or ftunished by DBE, describe item to be performed or furnished by DBE. regardless of tier. Subcontractors and the names and items to the Total Claimed Participation . contractors shall by is own exact portion of Signature ofPraposer/Bidder Date (Area Code) TelNo. Person to Contact (Please Type or Print) (7r Bidder - DBE Infnmuilon (Rev 4f28,O6 Distribution: (I) Copy - Fax immediately to the (:alit ans DitiIi .t Local Assistance Engineer fDLAE) upon a'kard. (2) Copy - Include in award package to C altrans District Local Assistance (3) Original - Local Agency tiles LIT 06-02 Page 10-73 May 1, 2006 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 November 2, 2006 NOTICE TO BIDDERS/PROPOSERS DISADVANTAGED BUSINESS ENTERPRISE INFORMATION The Agency has determined that Disadvantaged Business Enterprises (DBE) can reasonable be expected to compete for the subcontracting opportunities in this Agreement and has established a DBE Availability Advisory 8.2% percentage. It is therefore, the Agency's expectation that available DBE firms have an opportunity to participate in this Agreement. ()R The Agency has not established a DBE Availability Advisory Percentage for this Agreement. However, bidders/proposers are encouraged to obtain DBE, participation for this Agreement. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "bidder" also means "proposer" or "offerer." • 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 "SW is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIRII.11'Y 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 49CFR26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other SBs, 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 bidder/proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Bidders/Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. C. Meeting the DBL• Availability Advisory Percentage is not a condition for being eligible for award of the Agreement. 3. SUBMISSION OF DBE INFORMATION A "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -information" form will be included in the Agreement documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported. the successful bidder must execute and return the form. Q kecycled �2��r116-t12 5s 1'age 10-49 Mav I. 2006 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully inforrned 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 he 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 joint -venture partner must be responsible fbr specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. 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. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible firr the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. E. "1'he bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE. subcontractors should he listed in the bid/cost proposal list of subcontractors. F. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participatioon except that portion (lithe work to be performed by non -DBE subcontractors. 5. RESOURCES 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 he located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Bidder/Proposer may call (916) 440-0539 for web or download assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http:!/www.dot.ca.govrhq/hep/. • Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (t:CP) located on the first line in the center of the base • Click on Click To Access DBF. Query Form • Searches can he performed by one or more criteria • Follow instructions on the screen • "Start Search", "Requery", "Civil Rights Home", and "Cattrans Home" links are located at the bottom of the query form Page 10-50 Mi' l.2006 1.PP 06-02 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information 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 DRE firms extracted from the on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. 6. WHEN REPORTING DBE PARTICIPATION, MATERIAL OR SUPPI.WFS PURCHASED FROM DBES MAY COUNT AS FOLLOWS: A. If the materials or supplies are obtained from a DBE manufacturer, one hundred percent of the cost of the materials or supplies will count toward the DBE participation. 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. B. If the materials or supplies purchased from a DBE. regular dealer, count sixty percent of the cost of the materials or supplies toward DBF. participation, 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 he 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. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall he 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 arc not DBE regular dealers within the meaning of this section. D. Materials or supplies -purchased from a I)BE, 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 compared with fees charged for similar services. 7. WIIEN REPORTING DBE PARTICIPATION, PARTICIPATION OF DBE 'TRUCKING COMPANIES MAY COUNT AS FOLLOWS: A. The DBIi must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. C. The DBF. 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 DRE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DRE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DRE. provides on the Agreement. 1.PP 06-02 Page 10-51 May 1. 2006 52 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The 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. The 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 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 10-52 \I i . I. 2006 1.PP 06-02 Standard Agreement for Subcontractor/ DBE Participation EXHIBIT 10-J STANDARD AGREEEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION STANDARD AGREEEMENT 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. The 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 suhcontractors. C. Contractor shall pay its suhcontractors 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. (Use 2 or 3 below, delete the other) 2. Disadvantaged Business Enterprise (DBE) Participation (Without Availability Advisory Percentage) A. The Agency has not established a DBE Availability Advisory Percentage for this Agreement. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race. color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor 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 recipient deems appropriate. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 3. Disadvantaged Business Enterprise Program Availability Advisory A. This Agreement is subject toTitle 49, Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of I ransportation Financial Assistance Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the Agency encourages the participation of Disadvantaged Business Enterprises (DBEs). as defined in 49 CFR 26 in the performance of Agreements financed in whole or in part with federal Funds. The Contractor shall not discriminate on the basis of race. color. national origin. or sex in the award and performance of subcontracts. 1,PP (16-02 Page 10-53 Mae 1. 2006 Standard Agreement for Subcontractor/ DBE Participation B. As required by federal law, the Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, the Caltrans is tracking DBE participation on all federal -aid contracts. C. "To assist Contractors in ascertaining DBE availability for specific items of work, the Agency advises that it has determined that DBEs could reasonably be expected to compete for subcontracting opportunities on this project and the likely DBE Availability Advisory Percentage is 8.2% percent. 'l'he Agency also advises that participation of DBEs in the specified percentage is not a condition of award. D. Contractor has agreed to carry out applicable requirements of Title 49 CFR 26, in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated herein and by reference. E. The Contractor should notify the Contract Manager in writing, of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. F. DBE and other small businesses (SB), as defined in Title 49 CFR26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of 'Ride 49 CFR 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor 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 recipient deems appropriate. G. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 4. Performance of DBE Contractors, and other DBE Subcontractors/Suppliers A. A DRE 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 (o here applicable) and paying for the material itself. To determine whether a DRE is performing a commercially useful [unction, 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 DRE 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 DBF, 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 DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work tierce, or the DRE, subcontracts a greater portion of the work of the Agreement than would he 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. Page 10-54 .luty 21. 2006 I .PI' 06-03 Standard Agreement for Subcontractor/ DBE Participation 5. 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 contractor or subcontractors 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 contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not he construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. B. No retainage will be held by the Agency from progress payments due the prime contractor. Any retainage held by the prime contractors or subcontractors from progress payments due subcontractors shall be promptly paid in full to subcontractors within 30 days after the subcontractor's work is satisfactorily completed. Federal law (49CFR26.29) 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 contractor or subcontractor 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 Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. C. The Agency shall hold retainage from the prime contractor 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 contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor 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 (49CFR26.29) 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 prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not he construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-D13F, prime contractors and subcontractors. D. Any subcontract entered into as a result of this .Agreement shall contain all of the provisions of this section. 6. DBE Records A. The Contractor 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 DBF 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 Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the cork. I.PP (16-111 0/ Page I0-55 .hate 21. 2006 Standard Agreement for Subcontractor/ DBE Participation 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 Enterprises (DBE)," CEM- 2402F (Exhibit 17-F in Chapter 17 of the LAP), certified correct by the Contractor or the Contractor'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 twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE,)"is submitted to the Contract Manager. a. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. Ville DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. b. The Contractor shall also submit to the Agency's Contract Manager documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, thc DBE certification number of thc truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans"Monthly DBE Trucking Verification, CEM- 2404(F) firm provided to the Contractor by the Agency's Contract Manager. 7. DBE Certification and De -certification Status If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de -certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. When Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows: A. If the materials or supplies are obtained from a DBE manufacturer, l00 % of the cost of the materials or supplies will count toward the DBE participation. A DRE 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. B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DEW, goals. A DRh 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 stuck. and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firer must he 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 DRF. regular dealer in such hulk items as petroleum products, steel. cement, gravel, stone or asphalt without owning. operating or maintaining a place of business provided in this section. Page 10-56 tofu 21. 2006 1 .PP 116-03 Standard Agreement for Subcontractor/ DBE Participation 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 of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will he limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or tees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. (Add the following to contracts which require trucking) When Reporting DBE. Participation, Participation of DBE trucking companies may count as follows: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insure, 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 whu is certified as a DBE. The DBE whu leases trucks from another DBE receives credit for the total value of the transportation services the lessee DRE. provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm. including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only ti r the fee or commission it receives as a result of the lease arrangement. The DBL 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. P. For the purposes of this section. 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 terns 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. 1.I'P 116-I1.1 (v 3 Page 10-57 .luhv 21. 2006 EXHIBIT "G" EXHIBIT "G" NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this bid or proposal 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. "I7ris 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 prospective participant also agrees by submitting his or her bid or proposal 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 subrecipients shall certify and disclose accordingly. LPP 06-02 Page 10-75 May 1, 2006 EXHIBIT "H" EXHIBIT "H" DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S C. 1352 1. Type of Federal Action: 2. Status of Federal Action: a. contract ❑ a. hid/offer/application b. grant b. initial award c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ❑ Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 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 Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: h. Individuals Performing Services (including address if different from No. I0a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual ❑ planned 12. Form of Payment (check all that apply): 8 a. cash b. in -kind; specify: nature value a. retainer b. one-time fee c.. commission d. contingent fee e deferred f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including ofticer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 G.S.C. 1352. This information will he reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject 10 a civil penalty of not less than SI0,000 and not more than No ❑ Signature: Print Narne: Title: SI00,000 for eaoh su.h failure Telephone. No Date. Authorized for L neal Reproduction Federal Use Only: Standard Form - LLL. tiu:r-J:uJ nn ' Fe•. Syr e (i(. 1,P1' 06-92 l7 Page 10-77 May 1, 2006 EXHIBIT "I" Exhibit "I" 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 • I las 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 helow 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. I.PP 01-04 Page 12-83 N7areh t;. 21101 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CALIFORNIA DIVISION 650 Capitol Mall, Suite 4-100 Sacramento, CA. 95814 June 22, 2006 IN REPLY REFER TO HDA-CA File #: 1 I-SD-805, Document #: P54777 Mr. Pedro Orso-Delgado, District Director California Department of Transportation District 11 P. O. Box 85406 San Diego, CA 92186-5406 Attention: Jason Reynolds Dear Mr. Orso-Delgado: SUBJECT: Plaza Boulevard Widening, City of National City We have reviewed the April 2006 Environmental Assessment. All of our concerns have been addressed. Find enclosed for your use and information the completed Finding of No Significant Effect (FONSI). This concludes the NEPA process for this project, which may be advanced accordingly. If needed, contact Lisa Cathcart -Randall (916-498-5048) with questions on this matter. Sincerely, /s/ Lisa Cathcart -Randall For Gene K. Fong Division Administrator Enclosure cc: (e-mail, with enclosure) Lisa.Cathcart-Randall@fhwa.dot.gov David. Cohen(difhwa. d ot. gov David_L_Nagy@dot.ca.gov pYPKLE UP OF CALIFORNIA—BUSINESS. TRANSPOR FA'noN ANELHOUSING AGENCY ARNOLD SCHWAR7.F.NEGGE Qn DEPARTMENT OF TRANSPORTATION DISTRICT 11, LOCAL ASSISTANCE 4050 TAYLOR STREET, M.S. 132 SAN DIEGO, CA 92110 PHONE (619) 278-3756 FAX (619) 220-5432 'FIy (619) 688-6670 August 9, 2006 Mr. Din Daneshfar Project Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Daneshfar: ENGINEE[!ING DEPT toolAUG 14A7SD Flex your power! Be energy effictentl Subject: Authorization to Proceed with Right of Way on, Federal Aid Project No. STPL-5066(011) Enclosed is your Authorization to Proceed with Right of Way Acquisition on the above project, widening Plaza Blvd. in National City. The authorization date is August 8, 2006. You may now begin Right of Way activities for this project. Federal procedures apply to this project, including your consultant selection process and consultant contract if you hire a consultant for your right of way activities. Caltr.ans review of your process and contract is not required; however, you must certify compliance with all Federal requirements. Your responsibilities now include butare not limited to: • A Pre -award audit of consultant contracts over $250,000 must be done BEFORE you sign a contract. • Contracts under $100,000 can be treated as a personal service contract with fewer requirements for consultant selection. However, if subsequent consultant contracts with the same consultant exceed the $100,000 cumulative limit, they must follow Federal procedures of going out to competitive bid regardless of size. • Consultant forms are in Chapter 1.0 of r.he Local Assistance Procedures Manual. Upon completion of the acquisition, please submit a "Report of Completion of Right of Gray Expenditures." This is Exhibit 1'/-K in Chapter 17 of the Loca ! Ass i s arlc'e Procedures Manual. "Calram unp„u,ti ,anbtln.. acro.,s ( a!(torn,a.. 7/ Mr. Daneshfar August 9, 2006 Page 2 If you need further assistance, please call Don Pope at (619) 220-5310. Sincerely, /n.; GARY VETTESE District Local Assistance Engineer Enclosure Cn:rrnns +mpro ce. , / thlr m:rOSS Calilorr.ur' �� PNM-76 (VERSION E-76) FEDERAL AID PROGRAM OLP LOCATOR 11-SD-0-NATC PREFIX STPL PROJECT NO 5066(011) SEQ NO 2 DIST-EA 11-956123L AGENCY NATIONAL CITY ROUTE TIP DATA: MPO/YEAR SANDAG DATE 05/06 STIP REF: CTIPS 210-0000-0183 URBANIZED SAN DIEGO URB/RURAL URBAN AREA BRIDGE NOS PHASE AMENDMENT/MODIFICATION SUMMARY CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT LOCATION PREV. AUTH/AGREE DATE PLAZA BLVD. FROM HIGHLAND AVE. TO EUCLID AVE. TYPE OF WORK WIDEN FROM 4 TO 6 LANES, LEF FED. RR NOS PUC CODE(S) • EXEMPT FROM FHWA REVIEW ENV STATUS FONSI R/W STATUS BEGIN MP .000 END MP .000 INV RTE PE 05/17/01 R/W 08/08/06 CON SPR MCS OTH APPR CODES L230 Q230 34A0 34B0 LINE NOS 20 10 IMPRV TYPE 16 15 1JNC. SYS P PROJECT COST FEDERAL COST AC COST PREV. OBLIGATION PE THIS REQUEST SUBTOTAL 800, 000.00 127, 837.00 927, 837.00 708,240.00 113,174.00 821, 414.00 .00 .00 .00 PREV. OBLIGATION R/W THIS REQUEST SUBTOTAL .00 1,429,163.00 1,429,163.00 .00 1,178, 826.00 1,178, 826.00 .00 .00 .00 TOTAL 2, 357, 000.00 2, 000, 240.00 PPNO - 11-NC01 STATE REMARKS THIS PROJECT WILL WIDEN PLAZA BLVD. TO 6 LANES FROM 4 LANES AND PROVIDE LEFT T URN LANES, PARKING, AND A BIKE LANE. 7/7/06 - OBLIGATE $1,557,000 FOR RIGHT OF WAY PHASE. 7/26/C6 - RE -TRANSMITTED TO REVISE RIGHT OF WAY AMOUNTS. TOTAL REMAINS SAME. COST TO RELOCATE UTILITIES WILL BE BORNE BY UTILITY COMPANIES. APN # TOTAL COST 556-590-48 $ 556-590-49 -$ 556-59G-5i $ 556-590-51 556-590 556-590-56 5 -r' 556-590-58y 5 `_6, _90 55E-593-6i 5-56-5.0'-6i J 557-250-1-2 557-2HC-36 5 1,759.94 8,485.88 52, 011.18 2,386.8C 26,505.18 .4,.eo,.. „3.10 4+ 66, 0 .4!i .00 70 PAGE' 2 STATE REMARKS 527-250-43 557-310-26 557-322-09 557-322-10 557-322-11 557-322-14 557-330-08 557-380-09 557-380-10 557-380-11 557-380-12 557-380-50 557-380-51 557-380-70 557-410-05 557-410-11 557-410-15 557-410-17 557-410-19 557-410-20 557-410-23 557-420-22 $ 17, 831.58 $150, 976.34 $ 28,561.26 $ 3,732,04 $ 17, 593.68 9,564.10 $ 2,945.80 $ 21,120.06 $ 20, 460.21 $ 14, 444.68 $ 14,174.96 $ 5,411.60 $ 5,342,42 $ 21, 338.62 $ 50, 531,14 $ 36,957.21 $ 39,116.04 $ 61, 886.04 $ 26, 361.69 $ 18, 469.08 $ 57, 096.89 $ 4,195.81 557-420-30 $ 67, 875.16 557-420-33 $ 1,207.96 558-010-48 $ 87, 479.08 558-091-18 $ 57, 783.91 558-091-19 $ 9,328.93 558-091-26 $ 22, 894.95 558-091-27 $149,911.32 558-310-19 $ 7,893,05 TOTAL ACQUISITION COST: $1,273,000 ROUNDED($1,272,184.79 R/W ENGINEERING AND ADMINISTRATION: $284,000 U8/04/06 AU: THIS SEQUENCE #2 AUTHORIZES R/W $113,174,Q230, $152,677.63 34A0 _ $58,862.13 3480, $967,286.24 L230 TOTAL: $1, 292, 000 . ACTEORIZATION TO PRCCEED WITH R/W RIGHT OF WAY ACQ. ELECTRONIC SIGNATURE SOCUMENT TYPE AMEND/MOD PREPARED BY REVIEWED BY AUTHORIZED BY SIGNED BY DCN POPE WINTON EMMETT W. EMMETT W. EMMETT ON 07/26/06 (619)220-5310 ON 08/01/06 916-654-6018 CN 08/08/06 CN 08/08/06 FOR CALTRANS LAST FEhA EL:CTFONIC 5:1 AJRn FECUTED BY FHWA FaIS 3 nT E AGdaN 5i18; 01 7If City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 7, 2006 Mr. Chris Johnson Consultant Project Manager Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Project: National City — Engineering Design and Right of Way Acquisition Services — Plaza Blvd. Dear Mr. Johnson: On November 21 st, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006-226 approving an agreement with Dokken Engineering Corporation. We are pleased to enclose one fully executed original agreement and one certified copy of the Resolution for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, City Engineer at (619) 336-4380. Sincerely, Michael R. Della City Clerk JAH Enclosure File C2006-63 0 Recycled Paper