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Home My WebLink About _ 4.11(a)--Award RFP No. 5387 Construction Management ServicesT Y OF REDDIN CALIFORNIVCITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: November 7, 2023 FROM: Chuck Aukland, Public ITEM NO. 4.11(a) Works Director ***APPROVED BY*** ukland, Public Works Direct 0/27/2023 ry ippin, Ci ana e : 10/30/2023 caukland&i.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(a) --Award Request for Proposal No. 5387 and Authorize Execution of Consulting and Professional Services Contract for Construction Management and Inspection Services for the Old Alturas Road Over Churn Creek Bridge Project Recommendation Authorize and approve the following actions relative to Request for Proposals Schedule No. 5387, Construction Management and Inspection Services for the City of Redding Old Alturas Road Over Churn Creek Bridge Project: (1) Award to GHD, Inc.; (2) Authorize the Mayor to execute a Consulting and Professional Services Contract for a not -to -exceed fee of $899,838.27 with GHD, Inc., to provide Construction Management and Inspection Services; and (3) Authorize the City Manager to approve contract amendments not to exceed $50,000. Fiscal Impact The Consulting and Professional Services Contract will be funded by a combination of 88.53 percent Federal Highway Bridge Program and 11.47 percent City of Redding Citywide Transportation Impact Fee Funds budgeted for FY 2023-24. Alternative Action The City Council (Council) may choose not to award this contract; in which case, City of Redding (City) staff would be required to perform the construction management and inspection services. This would require either consultant services to be solicited for other capital work or a reduction in the City's capital program delivery. Report to Redding City Council October 30, 2023 Re: 4.11(a) --Award RFP No. 5387 Construction Management Services Page 2 Background/Analysis The proposed Old Alturas Road Over Churn Creek Bridge Widening Project (Project) will include the following work (quantities are approximate): Widening the existing bridge on both sides to an ultimate width of 67 feet, 600 feet of 30 -inch cast -in -drilled -hole piles, 700 cubic yards (cy) of structural concrete, 150,000 pounds of bar reinforcing steel, 700 cy of structure excavation, 500 cy of structure backfill, 125 feet of Type IA retaining walls, 800 cy of roadway excavation, 700 tons of asphalt concrete, 500 cy of aggregate base, 1700 tons of rock slope protection, 600 feet of concrete barrier and tubular railing, relocation of a 4 -inch gas main and a 12 -inch water main, 7,700 square feet of deck seal, 400 feet of storm drains, temporary K -Rail, driveways, sidewalks, curbs, gutters, signs and striping. There will be four primary stages of construction including the bridge widening and roadway approach work. Due to the City's engineering staff's oversight of a significant number of projects this construction season and the upcoming construction season, there is insufficient staff to manage a project of this magnitude and complexity without affecting the delivery of other projects. As such, consultant support is required. Consultant Selection Process In June 2023, a formal Request for Proposals (No. 5387), outlining the specific scope of work, was advertised. Proposals were required to include a scope of work and proposed fee. On July 14, 2023, proposals and fee schedules were received and reviewed from three firms. A review and selection panel were formed consisting of members from the Public Works Department. The proposals were evaluated based on the understanding of the scope of work, ability to meet the proposed schedule and maintain the project budget, experience and qualifications of the proposed staff, ability to work with City staff, project approach, familiarity with City procedures, and geographic location of the team. Applying the criteria to the proposals, the selection panel determined that GHD, Inc., has the necessary experience and expertise to provide the required services for this project. Following the evaluation and ranking, GHD, Inc., proposed fees were opened, evaluated, and negotiated to include reasonable costs based on the scope of services as well as previous similar project cost comparisons. The consultant fee is estimated and payments will be for actual work performed on a time and materials basis within the not -to -exceed contract limits. However, staff recommends the approval. of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to unforeseen project issues. If the contingency reserve needs to be utilized, an amendment would be negotiated with the consultant and the contract would be modified with approval of the City Manager. The attached professional services agreement with GHD, Inc., is approved as to form by the City Attorney. Environmental Review This action is not a project as defined by the California Environmental Quality Act. On December 6, 2016, Council adopted Resolution 2016-126 approving the Mitigated Negative Declaration and Mitigation Monitoring Program, and approving the Old Alturas Road and Churn Creek Bridge Rehabilitation Project. No further action is required. Report to Redding City Council Re: 4.11(a) --Award RFP No. 5387 Construction Man Council Priority/City Manager Goals This agenda item is a routine operational item. c: Nick Visconti, Construction Manager Michelle Kempley, Purchasing Officer Attachments Consulting and Professional Services Contract Request for Proposals Previous Staff Report 12-6-2016 October 30, 2023 en t Services Paae 3 CONSULTING AND PROFESSIONAL SERVICES CONTRACT WITH FHWA FUNDING/ASSISTANCE THIS CONTRACT is made at Redding, California, by and between the City of Redding ("City"), a municipal corporation, and GHD Inc., ("Consultant") for the purpose of Construction Management and Inspection Services for the Old Alturas Bridge at Churn Creek Widening Project. WHEREAS, a source of funding for payment for professional services provided under this Agreement is federal funds from the United States Department of Transportation. WHEREAS, Consultant desires to perform and assume responsibility for the provision of certain professional services required by City on the terms and conditions set forth in this Contract. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES A. Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A. All Consultant personnel listed as members of the project team in the attached exhibits shall remain on project unless prior approval for the change in personnel has been granted by City's Contract Administrator. B. Consultant shall submit progress reports at least once a month. Each progress report should be sufficiently detailed for the Contract Administrator, as noted in Section 1 O.A, to: 1) determine if Consultant is performing to expectations and is on schedule; 2) provide communication of interim findings, and 3) sufficiently address any difficulties or special problems encountered. C. Consultant's Project Manager, as noted in Section 10.B., shall meet with City's Contract Administrator as needed to discuss progress on the scope of work. D. Nothing contained in this Contract or otherwise shall create any contractual relation between City and any subconsultant, and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultants 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 Consultant. Consultant's obligation to pay its subconsultants is an independent obligation from the City's obligation to make payments to Consultant. E. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 1 F. Consultant shall pay its subconsultants within seven (7) calendar days from receipt of each payment made to Consultant by City, in accordance with the provision in Section 7108.5 of the California Business and Professions Code. Concerning prompt payment to contractors. The 7 -day rule is applicable unless a longer period is agreed to in writing. 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 Section 7108.5 shall subject the violating consultant or subconsultant to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the consultant or subconsultants in the event of a dispute involving late payment or nonpayment by the consultant, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non - DBE subconsultant. G. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. H. Any substitution of subconsultants must be approved in writing by City's Contract Administrator prior to the start of work by the subconsultant. Consultant and any subconsultant shall permit City, the State of California, and the Federal Highway Administration ("FHWA"), if federal participating funds are used in this Contract, to review and inspect the project activities and files at all reasonable times during the performance period of this Contract including review and inspection on a daily basis. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. The method of payment for this contract will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant's Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City's approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs City will pay the Consultant a fixed fee of $75,100.14. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. Consulting and Professional Services Contract/FIMA wFederalFundingAssis Page 2 C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rate portion of Consultant's fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set for in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Section 3 "Term and Termination". F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. No retainage will be held by City from progress payments due Consultant. Any retainage held by Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within thirty (30) calendar days after the subConsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the thirty (30) days may take place only for good cause and with City's prior written approval. Any violation of this provision shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. H. Consultant will be reimbursed as promptly as fiscal procedures will permit upon receipt by City's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 4 "Equipment Purchase" of this contract. The final invoice should be submitted within 60 calendar days after completion of consultant's work. Invoices shall be mailed to City's Contract Administrator at the following address: Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 3 Nick Visconti City of Redding Engineering Division 777 Cypress Avenue Redding, CA 96001 In accordance with Exhibit B and Exhibit 10-H, attached and incorporated herein, the total amount payable by City including the fixed fee shall not exceed Eight Hundred Ninety -Nine Thousand Eight Hundred Thirty -Eight Dollars and 27/100 ($899,838.27). J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City's Contract Administrator. For personnel subject to prevailing wage rates, as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. K. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. L. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. M. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. N. All subcontracts in excess of $25,000 shall contain the above provisions. SECTION 3. TERM AND TERMINATION A. This contract shall go into effect on September 25, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City's Contract Administrator. The contract shall end on December 31, 2025, unless extended by contract amendment. B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City. C. City reserves the right to terminate this contract upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. D. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this contract with Consultant, City shall pay Consultant the sum due to consultant under this contract prior to termination, unless Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 4 the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due consultant under this contract and the balance, if any, shall be paid to Consultant upon demand. E. The maximum amount for which the City shall be liable if this contract is terminated is Eight Hundred Ninety -Nine Thousand Eight Hundred Thirty -Eight Dollars. F. It is mutually understood between the Parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, or for the mutual benefit of both Parties, or in order to avoid program and fiscal delays that would occur if the Contract were executed after that determination was made. This Contract is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, conditions, or any statute, ordinance or regulation enacted by the Congress, State Legislatures, or City Council that may affect the provisions, terms, or funding of this Contract in any manner. Consistent with Article 16, Section 18, of the California Constitution, it is mutually agreed that if sufficient funds are not appropriated, this Contract shall be amended to reflect any reduction in funds. City may likewise void the Contract under Section 3.C. G. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract. H. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's Contract Administrator is necessary to determine the reasonable value of the services rendered by Consultant. I. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. EQUIPMENT PURCHASE A. Prior authorization in writing by City's Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000, prior authorization by City's Contract Administrator is required. Three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified and accepted by City's Contract Administrator. Consulting and Professional Services Contract/FHW A wFederalFundingAssis Page 5 C. Pursuant to 49 CFR, Part 18 and for any equipment purchased as a result of this Contract, Consultant shall maintain an inventory of all non -expendable property. Non -expendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with City's established purchasing procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to City and Consultant. The terms and conditions of such sale must be approved in advance by City. D. All subcontracts in excess $25,000 shall contain the above provisions. SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Coverage Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability (Errors and Omissions) X (Place an "x" in the appropriate box) B. Coverage shall be at least as broad as: Insurance Services Office form number CG -0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office form number CA -0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non -owned and hired vehicles, 3. Statutory Workers= Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 6 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers. 2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A -VII. F. Consultant shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be submitted electronically via the PINS Advantage system. A link will be provided for the Consultant, or their insurance agent, to enter and upload documents directly to PINS Advantage. The Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 7 certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved in PINS Advantage by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been submitted as described above or provided in a timely manner. G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification. H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure §342 and Government Code §945.6, Consultant shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code §2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 8 subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. MISCELLANEOUS TERMS AND CONDITIONS A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 9 City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. K. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture Consulting and Professional Services Contract/FHWA wFederalFundingAssis Page 10 relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. L. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto. M. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. N. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. SECTION 8. SURVIVAL The provisions set forth in Sections 4, 5, 6, 7.A, 7.1), 7.G, 7.L, 15, 18, 19, and 20 of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments. Consultant shall include the provisions of this section in all subcontracts to perform work under the contract. B. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. C. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or Consulting and Professional Services Contract/FHWA wFcderalFundingAssis Page I I applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. D. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act and Appendix E of the Title VI Assurances —US DOT Order 1050.2A(attached)). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. E. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis or race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. F. The Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of United States Department of Transportation -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contact, which may result in the termination of this contract or such other remedy, a recipient deems appropriate. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Nick Visconti, email nvisconti@cityofredding.o a, telephone number (530) 225-4582. All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee. Consulting and Professional Services Contract/FMA wFederalFundingAssis Page 12 B. Consultant's representative for this Contract is Jeff Bline, 'eff bl ne@ghd.com I — I telephone number (530) 567-0755. All of City's questions pertaining to this Contraci shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid-, or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: Mr. Nick Visconti JeffBline, P.E. City of Redding Engineering Division GHD Inc. 777 Cypress Avenue 330 Hartnell Avenue, Suite B Redding, CA 96001 Redding, CA 96002 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier. It A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract'. that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respectiv"arties to this Contract. IF. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. A. This Contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultant shall be guided by, and comply with, Exhibit 10-01 of the Local Assistance Procedures Manual ("LAPM"), attached and incorporated herein. Consulting and Professional Services ContracYFHWA wFedera]FundingAssis Page 13 B. Consultant must give consideration to DBE firms as specified in 23 CFR 172.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the goal by using DBE's as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. C. A DBE may be terminated only with written approval of City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City's consent for the proposed termination, Consultant must meet the procedural requirements specified in 29 CFR 26.53(f). D. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBE's. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. E. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by Consultant or Consultant's authorized representative and shall be furnished to City's Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subconsultants" is submitted to City's Contract Administrator. F. If a DBE subconsultant is decertified during the life of this Contract, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Administrator within 30 days. G. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 14. CONFLICTS OF INTEREST / UNLAWFUL CONSIDERATION A. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code §8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a inaterial effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. Consulting and Professional Services Contract/FHWA wFederalFundinaAssis P20'e. 14 B. Consultant warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right: 1) to terminate this Contract without liability; 2) pay only for the value of the work actually performed; and 3) to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. C. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow. D. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Contract. E. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Section A through E. F. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. G. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. H. Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its sole discretion: 1) to terminate the contract without liability; 2) to pay only for the value of the work actually performed; 3) to deduct from the contract price; or 4) to otherwise recover the full amount of such rebate, kickback or other unlawful consideration. SECTION 15. RETENTION OF RECORDS/AUDIT A. For the purpose of determining compliance with Public Contract Code § 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code §8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting Consultineand Professional Services Contract/FHWAPave I5 records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. B. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by agreement, shall be reviewed by City's Director of Finance or her designee. Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by City's Director of Finance or her designee of unresolved audit issues. All requests for review shall be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. D. In cases where the maximum compensation under this Contract exceeds $150,000, Consultant and subconsultant contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instance of a CPA ICR Audit Workpaper Review, it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's workpapers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City's Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA workpapers, will be considered a breach of Contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. SECTION 16. DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this Contract that is not disposed of by agreement shall be submitted in writing and decided by City's Director of Public Works, who may consider written or verbal information submitted by Consultant. B. Neither the pendency of a dispute, nor its consideration pursuant to this Section will excuse Consultant from full and timely performance in accordance with the terms of this Contract. Consulting and Professional Services Contract/FHWA wFederalFundingAssis Pate 16 SECTION 17. SAFETY A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City. Consultant's personnel shall wear hard hats and safety vests at all times while working on a construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, and when applicable, Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. SECTION 18. OWNERSHIP OF DATA A. Upon completion of all work under this Contract or termination of this Contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Contract will automatically be vested in City, and no further agreement will be necessary to transfer ownership to City. Consultant shall furnish City all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Contract has been entered into. C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by City of the machine-readable information and data provided by Consultant under this contract. Further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant. D. Except as noted above, City may permit Consultant to copyright reports or other contract -related product. If copyrights are permitted, the City and the FHWA shall have a royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work and to authorize others to use the work for government purposes. E. Any subcontract in excess of $25,000 entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 19. CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City's construction Consulting and Professional Services Contract/FHWA wFederalFn , i,,Aa i, pAOP 17 contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services under this contract. C. Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all of the provisions of this Section. SECTION 20. CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to City's operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by City relating to the Contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. C. Consultant shall not comment publicly to the press or any other media regarding the contract or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by City and receipt of City's written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Section. SECTION 21. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, and by signature on this Contract, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. Consulting and Professional Services COntract/FHWA wF,d—,lFundi—A,ei, pave 1 R SECTION 22. DEBARMENT AND SUSPENSION CERTIFICATION A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City prior to execution of this Contract. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the FHWA. SECTION 23. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. In cases where federal funding exceeds $150,000, Consultant certifies by signature on this Contract that, to the best of his or her knowledge and belief. 1. No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Consulting and Professional Services Contract/FHWA wFederalFundingAssis r aRe 19 Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. SECTION 24. STATE PREVAILING WAGE RATES A. With regard to Tasks 5 through 28, inclusive, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov, C.—Itino and c.—,;... D.,.,o 'M IN WITNESS WIIEREOF., City and Consultant have executed this Conti -act oil the days and year set forth below: Dated: , 2023 Dated: , 2023 Attachments: By: MICHAEL DAC QUISTO, Mayor 147MW=, . f7e�f7n-7Y City, Attorney ME CONSULTANT GD Inc. By Tax ID No.: U- PHZ5 q350' Exhibit A (Scope of World) Exhibit B (Cost Proposal) Exhibit I 0-H (Cost Proposal) Exhibit 10-01 (Notice to Proposers DBE Information) Exhibit 10-02 (Consultant Contract DBE Commitment) Appendix E of the Title VI Assurances Consulring mAd Senico (ontrim MWA Page 21 GHD General Work Plan ■ GHD will provide the construction administration, construction engineering, resident engineering duties, inspection, materials acceptance testing, agency liaison, utility coordination and budget management services for this project. GHD will provide a Resident Engineer (RE) who will act as the main point of contact for project related matters. GHD's Financial Project Manager will coordinate budgets, costs, subconsultants and invoicing. GHD's Construction Manager will provide day-to-day quality control of decisions, contract interpretations, communication, and contract changes. GHD will manage the construction work in accordance with the contract documents, and the applicable standards of the City, Caltrans and FHWA. GHD's RE and inspection staff will be available for overtime inspection as the need arises. GHD will maintain an awareness of, and follow applicable local and state requirements, including, but not limited to: • Project Plans and Special Provisions • Title 8 of the California Code of Regulations (Cal -OSHA) • California Department of Industrial Relations (Labor Compliance) • California Manual of Uniform Traffic Control Devices (MUTCD) • Standard Specifications for Public Works Construction (Greenbook) • Caltrans Standard Specifications and Standard Plans (and Revisions/Amendments) • Caltrans Surveying Manual • Caltrans and ASTM Standard Test Methods • Caltrans Americans with Disabilities Act (ADA) Facilities Construction Inspection Guidance and Documentation • City of Redding Quality Assurance Program • City of Redding Storm Water Management Program and Ordinances • Resource Agency Permits • Utility Company Standards and Requirements Hard and/or electronic copies of the applicable sections of manuals and guidance will be kept on file in the RE office. GHD will prepare written documentation and correspondence for key actions, decisions, and meetings throughout the duration of this contract. GHD will coordinate meetings, Requests for Information (RFI's), submittal reviews, Contract Change Orders (CCO's) and record drawings with the design team, as appropriate. GHD will also take the lead as the focal point for coordination between the Contractor, the City, the Design Consultant, regulatory agencies, and utility companies. GHD will follow the Caltrans category index filing system for accurate and complete filing of construction documents. GHD has utilized the Caltrans filing system for many years, utilizing the majority of the original Caltrans categories, but tailoring the overall filing system to remove categories that are more specific to Caltrans, and adding in select categories to provide a complete and clean set of records. In addition to hardcopy files, GHD will keep electronic copies of project documents, in a filing system that matches the Caltrans hardcopy filing system. City and Caltrans staff will have access to either hardcopy files or electronic files, when requested. CM Services for Old Alturas Road Over Churn Creek Bridge widening. Citv of Redding_ SrhPriulP Nn s'Aa7 run e, )Ga r -)G, GHD In coordination with the City, GHD will take the lead for project meetings, and be available for stakeholder meetings or other ad hoc meetings with adjacent landowners, businesses, or residents. Phase 1- Prior to Construction Task 1— Develop Quality Management Plan (QMP) GHD will develop and submit a project specific QMP for approval by the City. The QMP will include: • Roles and responsibilities • Records and documentation procedures • Standards, guidelines, and references for quality construction • Key personnel organization and contact information • Communication plan • Plan for nonconforming workmanship by the Contractor • Materials inspection and testing plan • Schedule • Public and stakeholder communication plan Task 2—Transportation Management Plan (TMP) GHD will review the TMP in detail, to ensure that critical information and requirements in the plans and special provisions. GHD will provide recommendations for implementation prior to and during construction. The RE will determine expectations for public notifications and public concerns. Task 3 — File Review GHD's construction and leadership team will perform a review of project files, including the project plans and special provisions, agreements, environmental documents, contract item quantity calculations, RE pending file, geotechnical reports, hydraulic studies, discovery reports, right of way agreements, etc. The RE will walk the project area, prepare a pre -construction photo log throughout the project limits, and make notes of any areas of concern not previously discussed. The RE will carefully review the PS&E in the context of actual field conditions to identify any potential issues or conflicts. To provide a highly structured system, that is easy for City staff and reviewers to follow, GHD will set up a filing system for project documentation and record keeping that closely aligns with the Caltrans Construction Manual. Copies of pre -construction files will be included in the project records, in addition to any other applicable files available from the City. Project records will be maintained throughout the project in accordance with this established filing system and will be available to the City and Caltrans Local Assistant staff upon request. Task 4 —Schedule Review GHD will prepare a tentative schedule based on reviewing the contract documents that will identify the stages of construction, utility relocations/coordination, significant milestones, and specific notifications for identified permits and agreements. A detailed list of the required submittals for the project will be established and provided to the Contractor, which will include those that would be required before the Contractor breaks ground. GHD will identify those submittals required prior to breaking ground, and will ensure that they are submitted and approved prior to the contractor beginning work. CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. 5387, GHD #12616262 GHD Task S - Pre -Construction Conference GHD will organize a pre -construction meeting with the Contractor, Subcontractors and City Staff, to discuss the work involved, administrative matters, labor compliance, safety, accident prevention, answer questions from the Contractors, and address issues that need to be resolved before work commences. It is also recommended that any utility companies that want to attend the pre -construction meeting be invited, to ensure that any concerns regarding utility facilities within the project limits are discussed. Special attention will be given to utility coordination, as well as public relations during the project. Items that will be reviewed during the preconstruction meeting include, but are not limited to: • Project requirements • Communication Channels • Discuss the options of weekly (or appropriately timed) meetings • Labor compliance and certified payroll submittal • Cal -OSHA requirements • List of required submittals • Submittal and RFI procedures • Requirements for materials inspection and testing • Process for contract change orders and prior authorizations • Process for pay estimates and pay requests • Process for dispute resolution and potential claims • Procedures for utility interruptions • Procedures and requirements for water pollution control • Importance of providing quality traffic control, minimizing public traffic delays, and providing pedestrian access • Public and stakeholder coordination Phase 2 - During Construction Task 6 - Construction Meetings GHD will conduct regularly scheduled (weekly or bi-weekly) construction coordination and status meetings with the City and the Contractor to review project status, schedule, and budget, pending or potential change orders, progress payments, and future material testing needs; facilitate decision making, and discuss issues that have the potential to adversely affect the project budget, schedule, or final product. Other Stakeholders or utility company staff will be invited to coordination meetings as necessitated by the current construction stage and operations. In coordination with the City CM Services for Old Alturas Road Over Churn Creek Bridge Widenina. Citv of RPrirfina Sr•harhdo mn c:z¢-7 cur, «r„L,r, r Construction Manager, GHD will prepare the meeting agenda for construction meetings, and prepare meeting notes upon conclusion of the meeting. Task 7 — Coordination GHD will take the lead role for construction coordination, including coordinating administrative, construction management, inspection, and material testing activities of the construction contract. GHD will coordinate work involved with the City Construction Manager, and members of the design team. GHD will provide project management, construction management, and inspection staff, and/or subconsultants to implement the project. In addition, GHD will proactively work and coordinate with appropriate utility companies for any work that will affect their specific utility or components. Task 8 — Contract Documents GHD will thoroughly review the contract documents, to ensure accurate and complete interpretation of the intent of the plans and specifications, as well as other pertinent contract documents, to protect the City against defects and deficiencies on the part of the Contractor, and to maintain the project budget and schedule. GHD will enforce the requirements of the contract documents, to ensure the contractor is acutely aware and adheres to the entirety of the contract. Task 9 — Labor Compliance GHD will perform required labor compliance tasks, including reviewing and verifying certified payrolls, subcontractor, apprentice, and DBE utilization, employee interviews, and Owner -Operator documentation. The Contractor's bulletin board will be inspected to enforce poster requirements. GHD inspectors will conduct labor compliance interviews in accordance with Caltrans procedures. GHD will provide certified payroll verification and compliance checks and will provide certified payroll review reports. Payroll records will be spot-checked against inspector daily reports to monitor Contractor compliance with labor laws. GHD and GHD's subconsultants will comply with prevailing wage labor laws for inspectors, materials testers, and surveyors. Task 10 — Progress Reports GHD will prepare monthly progress reports and submit the reports to the City. The reports will address the progress of the work, the current project schedule and any variations, information or decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products and anticipated work for the upcoming weeks and month. These progress reports will contain photographs documenting the progress of the work. If warranted by significant activities on the site, GHD will prepare progress reports more frequently (weekly or bi- weekly), to ensure significant activities and progress is being relayed in a timely manner. Task 11— Contractor Inquiries GHD will receive, review, and coordinate contractor RFI's. RFI's will be logged and tracked to ensure resolution. As needed, GHD will request additional information, make engineering recommendations, CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. 5387, GHD #12616262 GHD and prepare responses in compliance with the contract documents and City procedures, for review and approval by the City or the design engineer. Task 12 — Contract Change Orders GHD will recommend necessary or desirable changes to the City, review requests for changes, negotiate change orders, and submit recommendations to the City. GHD will prepare change orders in compliance with the specifications and City procedures, for City review and approval. Any change order will receive written concurrence from the City Construction Manager prior to implementation. Any cost -reduction proposals will be evaluated in accordance with Caltrans Construction Manual protocols. Additionally, change order prior approval procedures will be developed with the City to ensure that written prior approvals and/or change orders are issued prior to Contractor commencement of any change order work. The scope assumes eight (8) contract change orders with a cumulative absolute value of up to $300,000. Task 13 — Progress Payments GHD will analyze the Contractor's initial schedule of values for reasonableness, reconcile, document, and prepare detailed accounting documentation for completed items of work, in compliance with the plans and specifications. GHD will prepare monthly progress payment requests in compliance with City procedures and for the City's approval. Each pay request will be checked and signed by two (2) qualified GHD personnel, Contract quantities will be fully documented in the project files, providing documentation for quantities paid on each progress payment. Task 14 — Project Schedule GHD will review, analyze, and monitor each schedule submitted by the Contractor for compliance with the specifications and permit requirements, and to ensure it is complete and realistic. Special attention will be given to monitoring the Contractor's overall progress to minimize the potential for delay -related problems. Contractor schedules will be compared to ensure that successive schedules are consistent with one another. Weekly Statements of Working Days will be prepared and processed in accordance with City and Caltrans guidelines. Signed Weekly Statements of Working Days will be transmitted to the Contractor and the City to ensure that all are apprised of the status of working days. Task 15 — Project Budget GHD will diligently track the construction budget to ensure that construction is progressing within the limit of available funding. Budget tracking will include project expenditures for contract items and change order work, pending and anticipated change orders, and any other forecasted costs for the project. GHD will ensure that City personnel have the current budget status monthly and will develop strategies throughout the project to keep the project within the available construction budget. Task 16 — Contractor Proposals GHD will review and evaluate Contractor's cost -reduction proposals, to ensure compliance with the contract documents and industry standards. Proposals will be reviewed and evaluated for accuracy, reasonableness, and after a full review, GHD will make recommendations to the City for approval or rejection as warranted. Task 17 — Environmental Permit Compliance CM Services for Old Alturas Road Over Churn Creek Bridge widening, City of Redding, Schedule No. 5387, GHD #12616262 GHD GHD will monitor and coordinate permit requirements related to work restrictions, work expectations, impacts, coordination, and notifications. GHD's RE will coordinate with the City's Construction Manager and Environmental Manager, and the Morrison team, to guide effective implementation of project requirements. GHD will also use their in-house SME for expert coordination and advising. Task 18 — Utility Coordination GHD will provide coordination with utility companies owning facilities within the project limits. GHD will ensure that utility companies are notified of any utility issues at the site and will coordinate inspections or other required notifications for work impacting the utility companies. Task 19 — Shop Drawings GHD will review, coordinate and document shop drawings submitted by the contractor. GHD will review the contract documents to ensure that the contractor submits shop drawings for items of work requiring shop drawings. Engineering recommendations will be made to the City and Morrison, regarding compliance with the plans and specifications, to facilitate rejection or approval of the shop drawings. Shop drawings will be logged and tracked to make sure they are received and processed in a timely manner. Task 20 — Project Submittals GHD will review, coordinate and document project submittals by the contractor. GHD will review the contract documents to ensure that the contractor provides submittals for items of work requiring submittals. Engineering recommendations will be made to the City and design engineer, regarding compliance with the plans and specifications, to facilitate rejection or approval of the submittals. Submittals will be logged and tracked to make sure they are received and processed in a timely manner. One area of particular attention will be the creek diversion plans. GHD will use their in-house SME for expert reviews and advising. Task 21— Materials Testing CGI Technical Services, subconsultant to GHD, will coordinate, conduct, interpret, and supervise required soils and materials Acceptance Testing (AT) in accordance with the City's Quality Assurance Program (QAP). A Materials Certificate, in accordance with the City's QAP and Caltrans LAPM requirements will be prepared by the RE at the completion of the project and submitted to the City at project closeout. The types and numbers of tests to be completed will be in accordance with City requirements or additional testing as deemed necessary for the successful completion of the project. Materials and facilities that are not identified in City requirements as requiring specific testing to be performed will be accepted based on certificates of compliance and field inspection. Task 22 —Surveying Construction staking will be provided by the Contractor. GHD will review Contractor's construction staking and cut sheets for compliance with the project plans and specifications. Survey control and any necessary electronic files will be provided by the design consultant. CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. S387, GHD #12616262 GHD As deemed necessary by the RE and/or City's construction manager, GHD's survey staff will mobilize to check construction stakes, partially constructed work, Contractor's grade setting operations, or other required survey checks during the work. Task 23 — Construction Inspection GHD will provide inspection of construction activities and the Contractor's operations and prepare daily and weekly inspection documentation. Each inspector will be provided with the necessary inspection and personal protective equipment needed and training necessary for the project. GHD will interpret the intent of the plans and specifications and will endeavor to protect the City against defects and deficiencies on the part of the Contractor. GHD will ensure that the Contractor's work is being performed in accordance with the contract requirements. Recommendations will be made to the City any time the Contractor's work does not conform to the contract requirements - specifically as to whether such work should be allowed to proceed and/or remain as installed, or whether the work should be removed/replaced. Routine inspections will include acceptance and rejection of work by the Contractor. When rejection of work is contemplated that may significantly delay the work or expose the City to a potential claim, such work will be discussed with the City before issuing applicable field directives. RE/inspector daily diaries will be prepared. The data in the RE/inspector's diaries will be consistent with the guidelines in the Caltrans Construction Manual. Daily inspector diaries will include pertinent project information including, but not limited to, Contractor equipment (types and license plate or other identifying number), Contractor personnel names with classifications and hours worked, key activities or decisions made throughout the day, information regarding potential disputes, safety observations during construction activities, contract item quantities placed during the shift, etc. The RE/inspector will spot-check grades and alignments as the work progresses and coordinate with the City to make minor field adjustments if necessary. The RE/inspector will identify actual and/or potential construction problems associated with the project and recommend engineering solutions to mitigate these problems as they arise. GHD will take photographs on a regular basis to document work activities and progress. The photos will be placed in folders that are named with the date and major work activity. Copies of various photos will be included in the monthly progress reports that will be submitted to the City. Task 24 — Test Data GHD will review submitted test data relative to materials, equipment, performance ratings, mix designs and concrete data as necessary to ensure conformance with the project specifications. Test data may include, but is not limited to, manufacturers shop or mill tests (or reports from independent testing laboratories), or other test reports submitted by the contractor. Task 25 — Traffic Control GHD will review and make recommendations regarding all traffic control submittals, proposals and plans, and review and inspect the Contractor's implemented traffic control and traffic management to ensure compliance with the project specifications, the MUTCD. GHD will manage the project in a CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. 5387, GHD #12616262 GHD manner that facilitates construction progress while minimizing traffic impacts as much as possible. GHD will ensure contingency plans are in place for any traffic control devices or elements that become damaged or ineffective during the progress of the contract. GHD will also document any issues and the overall effectiveness of the Contractors Stage and Traffic control and make recommendations to the City as to any improvements that would provide for a safer project for staff and the traveling public. Task 26 — Safety GHD will conduct and document project safety meetings, in accordance with the project requirements. GHD will require the Contractor to submit their Code of Safe Practices, spot -attend the Contractor's safety meetings, and maintain an overall awareness of safety. The Contractor's bulletin board will be inspected to enforce poster requirements pertaining to safety standards. All accidents, including property damage only, will be reported to the City and/or other appropriate authority. Any significant safety incident will be documented with photographs and written reports. The Contractor's operation will be reviewed in the context of state and federal regulations for occupational safety and health standards for construction activities. Task 28 — Final Inspection As construction nears completion, GHD will coordinate inspections with the Contractor and City for the purpose of developing an official "punch list" of remaining items to be completed. While the punch list will provide the Contractor a list of items that remain to be completed prior to contract acceptance, every effort will be made in the interest of a partnering relationship to ensure the Contractor is made aware of any deficiencies as the work progresses to ensure there are no surprises at the end of the project. The punch lists will identify the status of incomplete work and identify corrections necessary to complete the work. GHD will coordinate final inspections of all work with the Contractor, City, and other stakeholders to ensure compliance with the plans, specifications, field directives, approved change orders, and the final project punch list and provide the City with written documentation indicating conformance with the plans and specifications including any approved change orders. GHD will facilitate submittal of the required ADA construction compliance documentation pursuant to Caltrans policies. Task 29 — Quality Control GHD strives for and accepts full responsibility for the accuracy, completeness, and timeliness of meeting notes, contract change orders, progress payments, labor compliance documentation, inspection documentation, reports, and other work performed under this contract. Task 30 — Monthly Billings Detailed monthly invoices will be sent to the City for each project, along with copies of receipts for reimbursable direct costs. Subconsultants will be effectively managed to ensure that work is performed in accordance with the contract while controlling costs. Phase 3 - After Construction CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. 5387, GHD #12616262 GHD Task 31— Claims Management A separate task and an allowance of $10,000 has been included in the scope and fee to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor. If more than $10,000 in services are required for managing potential or actual claims, an addendum will be proposed to supplement this task. Task 32 — As Built Plans GHD will maintain a full-size set of construction drawings showing changes made throughout construction of the project. These redline drawings will be provided to the City and the design team upon completion of the project, to be incorporated into the final Record Drawings. GHD will help facilitate completion of the final Record Drawings as needed. Task 33 — Quantities and Payment In addition to the above tasks, GHD will reconcile, document, and double check detailed backup documentation for completed items of work, including CCO's, and prepare a proposed final payment recommendation in compliance with City procedures for the Contractor's review. GHD will coordinate with the Contractor to determine the appropriate final pay amount and will submit a detailed pay request to the City for approval. The pay request will be checked and signed by two (2) GHD personnel. GHD will endeavor to resolve any disputed items with the Contractor to the City's satisfaction. If there are claim notices, then the claims will be administered in accordance with previous task(s). Task 34 — Contract Records GHD will provide the City with the original, complete, hardcopy set of construction files cataloged in accordance with the Caltrans filing system, including documentation, materials inspections, correspondence, diaries, labor compliance, change orders, photographs, project closeout documents, etc. In addition to the hard copies that will be delivered in storage boxes, GHD will provide a flash drive with electronic copies of construction documents also cataloged in accordance with the standard Caltrans filing system. CM Services for Old Alturas Road Over Churn Creek Bridge Widening, City of Redding, Schedule No. 5387, GHD #12616262 Project: Old Allures Bridge Widening CM City of Redding Date: 812112023 GHD Prop No. 12818252 Federal-Proj No: BHLS-5088 (045) COSTPROPOSAL CITY OF JN CONSTRUCTION* MATERIALSSERVICES Fri�u��n 2. Vehicle mileage win be charged at the IRS rate. 3. Employee per diem win be charged at Caltrans rates. DBE 1.7% 4. It is assumed that the above hours will be shifted between Tasks and Phases to meet actual project needs. Total charges will remain within the total contract amount, unless additional services are requested and approved in an amendment. 5. Rates will be adjusted up to 5% one time per year on Jury 1. 6. Fee estimate based on the schedule in the RFP. MINOR CITY OF REDDING Old Alturas Road Over Churn Creek Bridge Widening Project As of August 1, 2023 1.82630 Indirect Cost Rate Multiplier GHD Proejct Number 12616262 2. Hourly rates as listed in Exhibit 10-H. 2. Prevailing Wage rates are based on 8/22/22 California Prevailing Wage rates PLUS July 1, 2023 Predetermined increases. 3. Non -prevailing wage rates are subject to 5% increase per year each July 1st. 4. Prevailing Wage increases will be in accordance with DIR Wage Determinations. Non Pr iling Wage Billing Rates classirl Employee Actual FAR Direct Project Hourly Pay Rate Multiplier Cost Fee Billing Rate_ A009 - Professional Austin Crowell $ 38-46 2.8263 $ 108.70 1.10 .'0 $ $ "9 119.57 57 A007 - Professional Chris Badger $ 45-19 2,8263 $7127.72 1AO $ 7 - 140.49 9 A004 - Professional Jeff Blinel $ 92.75 2.8263 $ 262.14 1,10 $ 288.35 D009 - PM Support Linda Costa -Franklin $ 28.10 18263 $ 79.42 1.10 $ $7.36 B007 - Technical Owen Goode $ 41-58 2.8263 $ 117.52 1.10 $ 129.27 BOOS -Technical Charles Hanson $ 42-75 2,8263 $ 120.82 1.10 $ 232.91 A007 - Professional Kerry McNamee" $ 46.29 2.8263 $ 130.83 1,10 $ 143.91 AOIO - Professional Cait O'Sullivan $ 34:86 2,8263 $ 98,52 1.10 $ 108.38 A002 - Professional Jane Rozgal $ 85-00 2.8263 $ 240.24 1.10 $ 264.26 AOIO - Professional Derek Rubinger $ 34.86 2.8263 $ 98.52 1.10 $ 108-38 AOOS - Professional Meghan Sigler $ 63.46 2.8263 $ 179.36 LIO $ 197.29 A005 - Professional Brandon Tenney' $ 63-94 18263 $ 18031 1.10 $ 198.78 A003 - Professional Greg Tyler $ 92.75 2.8263 $ 262.14 1.10 $ 288.35 A003 - Professional Jeremy Svehla $ 85-00 2.8263 $ 240.24 1.10 $ 264.26 A002 - Professional Russ Wenham' $ 85-00 2.8263 $ 240.24 1A0 $ 264.26 A002 - Professional Josh Wolf $ 95.19 18263 $ 269.04 1110 $ 295.94 Prevailing Wage Billing Rates Actual FAR DirectProject Hourly - Classification Time Pay RaW Multiplier cost Fee ate 4 - Various _.Regular $ d 58.2 2.8263 $ 164.69 1_11 181.16 Various 1.5 OT $ 87.41 1 G 271.75 Various 2.0 OT �ft $ 116.54 _ii 18263 $ 329.38 1.10 $ 362.31 Various 2nd Shi r2 7d Shift IS -1 65.27 2.8263 184,47 i in2 2 9 - Various 12nd Shift, 1.5 OT $ 97.91 256.52 1,10 $ 304.40 Various 2nd Shift, 2.0 OT $ 130.54 2.8263 $ 368.95 1.10 $ �40584 2. Hourly rates as listed in Exhibit 10-H. 2. Prevailing Wage rates are based on 8/22/22 California Prevailing Wage rates PLUS July 1, 2023 Predetermined increases. 3. Non -prevailing wage rates are subject to 5% increase per year each July 1st. 4. Prevailing Wage increases will be in accordance with DIR Wage Determinations. PMq Project: Old Alturas Bridge Widening CM Exhibit 10-H Date: 08/21/23 GHD Prop No.: 12616262 Cost Proposal Federal Proj No: BHLS-5068 (045) City Job No.: 2438 Contract No. Date August 21, 2023 Consultant GHD Inc. DIRECT LABOR Initial Hourly Classification Name Range Hours Rate Total GHD Professional $20.00 A002 Wenharn $125.00 150 @ 85.00 $ 12,750.00 GHD Professional $20.00 A005 122ne $125.00 110 @ 6194 $ 7,033.40 GHD Professional $20.06- A004 Bline $125.00 1065 @ 92.75 $ 98,772.89 GHD Professional $20.00 A003 Svehla $125.00 15 @ 85.00 $ 1.275:00 GHD Professional $20.06'- A007 McNamee $125.00 43 @ 46.29 1,990.47 GHD Professional $20.00 A002 Rozqa $125.00 26 @ 85.00 $ 2,210,00 Prevailing Wage Inspection (Various $58.77 GHD Classifications) Various $126.04 1870 - @ 62.00 $ 115,940.00 GHD Professional $20.00 A001 -A011 Various $125.00 341 _ @ 45.00 $ 15,345.00 GHD Technical 13001 - $30.00 B011 -- Various $100.00 87 _ @ 40.00 $ 3,480:00 GHD Project Support $20.00 D001 - D010 Various $50.00 86 _ @ 35.00 $ 3,010.00 Subtotal Hours 3793 Subtotal Direct Labor Costs $ 261,806.76 Anticipated Salary Increases (see attached calculation) $3,912,21 Total Direct Labor Costs �265,71 �896 Indirect Rate Rate Total (Fringe Benefits+Overhead+G&A) 182.63% $ 485,282.54 Total Indirect Costs $ 485,282.54 FEE Rate Total 10.00% $ 75,100.14 OTHER COSTS Total Fee $ _75,100.14 Mileage (IRS Rate) $ 6,560.00 Per Diem $ 720.00 Copies (8.5x11 or I I x1 7) $ 750.00 Copies (Plan Sheets) $ 400.00 Total Other Costs $ 8,420.00 Total GHD Inc, Costs $ L34 2521.64 Total Subconsultant Costs $ 65,316.63 Total Project Costs $ 899,838.27 NOTE: Rates will be adjusted one time per year on July 1. ME11 Contract Budget & 10-H1 8-21-2023,)dsx Project: Old Alturas Bridge Widening CM Date: 08/21123 GHD Prop No.: 12616262 Federal Proj No: BHLS-5068 (046) Exhibit 10-H City Job No.: 2438 Salary Increases Calculation Consultant Name: GHD 1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) DL Subtotal per Total Hours per Cost Year — Cost Proposal Proposal Ave Hourly Rate $ 261,806.76 3793 $69.02 Year I Avg Hourly Rate 2. Calculate hourly rate for all years (increase the Average hourly rate for a year by proposed escalation %) Avg hourly Rates Proposed Escalation 3792.93677 = 1138 Year $69,02 + 5% $72.47 Year 2 -Avg Hrly Rate Year 2 $72.47 + 5% $76.09 Year 3 - Avg Hrly Rate Year $76.09 + 5%$79.89 Estimated Hours Year 4 Year 4 -Avg Hrly Rate Year $79.89 + 5% $83.88 Year 5 - Avg Hrly Rate 3. Calculate estimated hours Estimated % of DL Completed Each Total Hours per Cost Year Proposal Year 70.0% 3792.93677 2655 Estimated Hours Year 1 Year 2 30.01 3792.93677 = 1138 Estimated Hours Year 2 Year 3 0.01 3792.93677 = 0 Estimated Hours Year 3 Year 4 0.01 3792.93677 = 0 Estimated Hours Year 4 Year 0,0% 3792.93677 0 Estimated Hours Year 5 Total 100.0% Total 37-93 hrs 4. Calculate Total Costs including Escalation (multiply average hourly rate by the number of hours) Avg Hourly Rate Estimated hours (calculated above) (calculated above) Year $69.02 2655 $183,248.10 Yearn $72.47 1138 $82,470M Year 3 $76.09 0 $0,00 Year 4 $79.89 0 = $0.00 Year 5 $83.88 0 = $0.00 Estimated Direct Labor Costs With Escalation $265,718.96 Direct Labor Subtotal before escalation $261,806.76 Recalculated Escalation W/o Overhead Rate & Fees $3,912.21 Estimated total Salary Increases GHD Contract Budget & 40-H1 8-21-2023.xlsx Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Redding 2. Contract DBE Goal: 1.0% 3. Project Description: Bridge Widening (Old Alturas Road Bridge at Chum Creek) 4. Project Location: Reading California 5. Consultant's Name: GND Inc. 7. Description of Work, Service, or Materials Supplied Assistant RE / Structures Representative 8. DBE Certification Number 1756792 Local Agency to Complete this Section 17. Local Agency Contract Number: 18. Federal -Aid Project Number: Consultant's Ranking after Evaluation: 6. Prime Certified DBE: n 9. DBE Contact Information 10. DBE % Unlco Engineering, Inc. Cesar Montes De Oca 1.7% 916,900,6623 110 Blue Ravine Road, Suite 101 Folsom CA 95630 11. TOTAL CLAIMED DBE PARTICIPATION 11.70 % IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate, required. 21. Local Agency Representative's Signature 23. Local Agency Representative's Name 25. Local Agency Representative'sTitle 22. Date 24. Phone DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 08/21/2023 12. Preparer-s Signature 13. Date Russell A. Wenham 530.953.6486 14. Prepare Name 15. Phone Principal—in--Charge 16. Preparer's Title ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened_ 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count fulupartial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Consultant's Ranking after Evaluation — Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant. 21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. 1,rr 1a -u1 Page 2 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment ExHaff 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Redding 3. Project Description: n ge i ening 2. Contract DBE Goal: 1.00% 4. Project Location: Old Alturas Road at Chum Creek, City of Redding, California 5. Consultant's Name: GHD Inc. 6. Prime Certified DBE: 0 7. Total Contract Award Amount: $899838.27 8. Total Dollar Amount for ALL Subconsultants: $65,316.63 9. Total Number of ALL Subconsultants: 2 10. Description of Work, Service, or Materials 11. DBE 1 " DBE 13. DBE Certification tion Supplied Certification C'E Number Number 1 2 - DBE Contact 12. DBE Contact Information Dollar FU�nico Assistant RE Structures Representative 17:756792 9 Amount -Engineering, Inc. $14899.00 Cesar Montes De Oca Folsom, CA 95630 Materials Testing n/a CGI Technical Services Inc.E $0.00 EE E Cliff Curry rSigPace Redding, CA 96003 Local Agency to Complete thl�sSectlon "to 20. Local Agency Contract $14899.00 N - Niirnhpr m 211 . Federal Aid Project Number. 14. TOTAL CLAIMED DBE PARTICIPATION 22. Contract Execution 1.70 % natw Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. (L/ - 08/21/2023 23. Local Agency Representative's �1�9 Signature 24. Date 1 to. Preparer's Signature 16. Date - 'Representative's Russell A. Wenham 530.953.6486 25. Local Agency Name 26. Phone 17. Preparer's Name 18. Phone Principal -in -Charge 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Cattrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result In de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS 89, Sacramento, CA 95814. Page I of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DRE CnmmitmPnt INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count fulUpartial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Consulting and Professional Services ContracUFHWA wFederalFundingAssis Page 22 777 Cypress Avenue, Redding, CA 96001 PO BOX 496071, Redding, CA 96049-6071 cityofredding.org June 16, 2023 REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD• D CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENT PROJECT FOR THE CITY OF REDDING, CALIFORNIA (Schedule Number 5387) In accordance with the provisions of the Municipal Code of the City of Redding, sealed proposals must be submitted to the City Clerk's 3 d floor office of the City of Redding, located at City Hall, 777 Cypress Avenue, Redding, California 96001 prior to 3:00 p.m. PT, Friday, July 14, 2023, for furnishing the City of Redding a proposal for providing Construction Management Services for Old Alturas Rd. over Chum Creek Bridge Widening and Road Improvement Project, per specifications and general conditions. PROPOSALS RECEIVED AFTER THIS TIME AND DATE WILL NOT BE ACCEPTED OR CONSIDERED. The said proposals will be opened at 3:00 p.m. PT, on Friday, July 14, 2023, in the designated City Hall Conference Room as posted in the main lobby of City Hall, 777 Cypress Avenue, Redding, California, "14 "1 OR MATAI Of -01 The cut-off date and time for receiving questions regarding this bid is 5:00 p.m. PT, on Friday, June 30, 2023. All inquiries must be made in writing and may be submitted to the email address shown below. If a potential bidder/proposer received this solicitation document through some means other than surface mail from the City of Redding (such as from the City of Redding Internet web site, or from another prospective bidder/proposer), it is the responsibility of the potential bidder/proposer to advise the assigned City of Redding Purchasing contact of its intention to submit a bid/proposal so that any addenda or other correspondence related to this solicitation will be sent to the potential bidder/proposer. When contacting the Purchasing Division, the bidder/proposer shall provide the solicitation number located on the cover page of this document. Transmittal of this information must be in writing, by U.S. Mail, fax, or e-mail. Transmittal of this information via telephone is not acceptable. Please submit bid/proposal as directed in the RFP package. Forward to: City of Redding City Clerk 777 Cypress Avenue Redding, CA 96001 Proposals must be received by the City Clerk's office prior to 3:00 p.m. PT on the date indicated below. Mailing envelope is to be clearly marked on the outside with the following notation: "Proposal for Schedule No. 5387; opening at 3:00 P.M., on Friday, July 14,2023" Note: Signatures must be legible, indicating full first and last name. The City of Redding Purchasing Division CITY OF REDDING REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT SCHEDULE NO. 5387 I. INTRODUCTION The City of Redding (City) is soliciting proposals for construction management services including inspection, materials testing, and resident engineering duties for the Old Alturas Road Over Churn Creek Bridge Widening and Road Improvements Project (Project). The included location map shows the general location of the project in the City of Redding. Funding for the Project is by a combination of 88.53% Federal Highway Bridge Program (HBP) and 11.47% City of Redding Transportation Impact Fee (TIF) funds. The federal project number is BRLS- 5068(045). The plans, specifications, and estimate for the Project are being prepared by Morrison Structures, Inc. and city staff. The existing Old Alturas Drive Bridge over Churn Creek was constructed in 1964 and is a 28 foot by 143 foot continuous 4 - span cast -in-place reinforced concrete slab on reinforced concrete pier walls, abutments and wing -walls founded on driven steel H piles located about 500 feet east of Victor Avenue. The Project includes (quantities are approximate): Widening the existing bridge on both sides to an ultimate width of 67 feet, 600 feet of 30 inch CIDH piles, 700 cubic yards(cy) of structural concrete, 150,000 lbs of Bar Reinforcing Steel, 700 cy of Structure Excavation, 500 cy of Structure Backfill, 125 feet of Type 1A retaining walls, 800 cy of roadway excavation, 700 tons of asphalt concrete, 500 cy of aggregate base, 1700 tons of RSP, 600 feet of concrete barrier and tubular railing, relocation of a 4 -inch gas main and a 12 -inch water main, 7,700 square feet of deck seal, 400 feet of storm drains, temporary K -Rail, driveways, sidewalks, curbs, gutters, signs and striping. There will be four primary stages of construction including the bridge widening and road approach work. The current construction cost estimate, not including contingencies or construction management, is about $5.96 million. The will be 250 working days for construction of the Project. The scope of work includes Services Prior to Construction, Services During Construction and Services After Construction. A Consultant Services Agreement will be executed for the combined services. It is the intent of the City to hire a consultant who will provide complete construction management, resident engineering, perform materials testing and inspect the construction of the project with minimal support from City personnel. Page 2 of 12 II. REVIEW OF BACKGROUND INFORMATION The following items will be available with links at the time of advertising this RFP on the City's Purchasing web page shown below. • Plans • Project Specifications • Caltrans Office Bulletin 22-06 • City of Redding Construction Standards (https://www.cityofredding.org/departments/public-works/engineering) III. GENERAL The Consultant shall play an active role in the management of the project to maintain the project schedule and budget and to protect the City against defects and deficiencies on the part of the Contractor. Services provided during construction will, in general, consist of project management, construction contract administration, construction inspection, and materials testing including source inspection as needed. In doing so, the Consultant will serve as the focal point for coordination between the Contractor, the City, the Design Consultant, regulatory agencies, and utility companies. These services shall be in accordance with the City's Quality Assurance Plan (QAP). The Consultant's work plan and expected level of effort should consider the schedule imposed on the Contractor, including what can be reasonably expected for overtime inspection. The Consultant will be responsible for their own office and administrative space including telephone, restroom and computer facilities. The City will not provide these facilities. The consultant shall assure the City that it will comply with the Americans with Disabilities Act (ADA), as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). The Consultant must comply with Government Code Section 8355 in matters relating to providing a drug-free work place. The Consultant shall reference the attached links and Caltrans Office Bulletin 22- 06 for Certification of Indirect Costs and Financial Management System that replaces the previous Exhibit 10-K form and also provides a replacement for REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 3 of 12 Exhibit 10-A, A&E Consultant Financial Document Review Request. https://ig.dot.ca.gov/-/media/ig ' • i i i' i certificationindirect• management i • i i i• ri i i ' i t'i 1 .'i Loin=i' i i i • ii DBE Requirements It is the policy of the City of Redding to provide full opportunity for all interested parties, including Disadvantaged Business Enterprise (DBE) firms to respond to or participate in work outlined in this RFP. The City of Redding DBE goal for this project is 1 %. The consultant shall ensure that DBE's and other small businesses have the opportunity to participate in the performance of the specific task requirements that is the subject of this RFP and should take all necessary and reasonable steps for this assurance. (Exhibit 10-1 and guidance for Consultants completing the good faith effort submittal can be located at: i o rr •• i %ii'i r i• r •'' r The Consultant shall verify and meet all LAPM requirements for: • Notice to Proposers Disadvantaged Business Enterprise Information (Exhibit 10-1) The following documents are available in the Caltrans Local Assistance Procedures Manual and must be completed and included in the Consultants RFP submittal: • Consultant Proposal DBE Commitment (Exhibit 10-01) • Consultant Contract DBE Commitment (Exhibit 10-02) • Proposer Good Faith Effort (Exhibit 15-H) If unable to meet the goal • Disclosure of Lobbying Activities (Exhibit 10-Q) The Consultant shall verify and meet all requirements of the Federal Lobbying Restrictions, Title 31, U.S.C. Section 1352. IV. SCOPE OF SERVICES REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 4 of 12 Prior to Construction 1. File Review — Review project files and plans including quantity calculations; memorandums to Resident Engineer; geotechnical reports; hydraulic studies; discovery plans; etc. 2. Schedule Review — Prepare a tentative schedule that identifies construction stages, utility relocations, notification time lines for permits and agreements, and all items that will be submitted by the Contractor for review and approval. 3. Pre -construction Conference — Organize a preconstruction conference with the Contractor, Subcontractors, City, to discuss the work involved, administrative matters, labor compliance, safety and accident prevention, answer questions from the contractors, and address issues that need to be resolved before work commences. During Construction 4. Construction Meetings — Conduct regularly scheduled construction status meetings to review project schedule, potential change orders, progress payments, and future material testing needs; facilitate decision making and discuss issues that have the potential of adversely affecting the project budget, schedule, or product. Consultant shall prepare meeting agenda in consultation with City Construction Manager. 5. Coordination — Coordinate all administrative, inspection, and testing activities of the construction contract. 6. Contract Documents — Interpret the intent of the plans and specifications to protect the City against defects and deficiencies on the part of the Contractor, and maintain the project budget and schedule. 7. Labor Compliance — Perform labor compliance tasks, including verifying certified payrolls, subcontractor and apprentice utilization, and labor interviews. 8. Progress Reports — Prepare monthly progress reports and submit to the City. The reports will address the progress of the work, the project schedule, information/decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products, anticipated work for the following week and month, and should contain photographs documenting the progress of the work. 9. Contractor Inquiries — Prepare responses to BFI's in compliance with the plans, specifications and City procedures for City's approval. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 5 of 12 10. Contract Change Orders — Prepare change orders in compliance with the specifications and City procedures for City's approval. 11. Progress Payments — Analyze Contractor's initial schedule of values for reasonableness. Reconcile and document items of work in compliance with the specifications and prepare monthly progress payments in compliance with City procedures for City's approval. 12. Project Schedule — Monitor and analyze Contractor's schedule for compliance with the specifications and permit requirements. 13. Project Budget — Monitor and analyze project expenditures, track earned value, forecast project costs, and develop strategies to keep project within budget. 14. Contractor Proposals — Evaluate Contractor's cost -reduction proposals and provide recommendations to the City. 15. Utility Coordination — Coordinate with the appropriate utility companies for work that affects its specific utility. 16. Shop Drawings — Coordinate, document, and make engineering recommendations regarding shop drawings and their compliance with the plans and specifications for the City's and design engineer's approval. 17. Project Submittals — Coordinate, document, and make engineering recommendations regarding submittals and their compliance with the plans and specifications for the City's and design engineer's approval. 18. Materials Testing — Coordinate, conduct, interpret, and supervise all required soils and material tests in accordance with the City's QAP. 19. Surveying — Provide review and approval of Contractor's construction staking requests (if applicable) to ensure adequacy and accuracy. Construction surveying and staking will be the responsibility of the Contractor. The design consultant will provide survey control and electronic project files as needed. 20. Construction Inspection — Provide complete daily inspection of the construction and the Contractor's operations, and prepare daily and weekly inspection documentation. 21.Test Data — Review and make recommendations on manufacturers shop or mill tests (or reports from independent testing laboratories) relative to materials, equipment, performance ratings, and concrete data as necessary to ensure conformance with the project specifications. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 6 of 12 22. Traffic Control — Review and make recommendations regarding all traffic control proposals, and inspect Contractor's traffic control to ensure compliance with specifications, and the Manual on Uniform Traffic Control Devices (MUTCD). 23. Safety — Conduct and document project safety meetings in accordance with the project requirements. Report all accidents, including property damage, and notify proper authorities. Document all incidents with photographs and written reports. Enforce Federal and State regulations for occupational safety and health standards for all construction activities. 24. Environmental and Permits — Ensure that Contractor's operations are in conformance with the environmental documents listed below. • Project Categorical exemption/Categorical exclusion 25. Claims Management — A separate task and an allowance of $10,000 should be included in the fee proposal to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor. 26. Final Inspection — Make final inspection of all construction, and provide written documentation indicating conformance with the plans and specifications and approved change orders. Coordinate with Caltrans and City staff for final inspection. 27. Quality Control -The Consultant has total responsibility for the accuracy, completeness, and timeliness of all meeting notes, contract change orders, progress payments, labor compliance documentation, reports, and all other work performed under this contract. After Construction 28. Claim Management- A separate task and an allowance of $10,000 should be included in the fee proposal to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor. 29. As Built Plans — The consultant shall keep a full set of plans with "redline" changes updated during construction, then upon construction complete, shall be submitted to the City and Design Consultants for incorporation into final Record Drawings. 30. Contract Records — Provide the City with the original set of construction documents cataloged in accordance with the Caltrans filing system, including all documentation, correspondence, diaries, contract documents, labor compliance, REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 7 of 12 etc. Hard copy documents are to be boxed and indexed in storage boxes. All files shall be submitted electronically via a flash drive. V. Prevailing Wage and DIR Registration Requirements Portions of the work contemplated for this contract may be subject to the payment of prevailing wages (e.g., certain inspection and testing services). The prevailing wage of each job classification may be found by inquiry with the state's Department of Industrial Relations. Consultant and any sub consultant effected shall comply with all laws related to the performance of Public Work including, but not limited to, payment of prevailing wages, the employment of apprentices pursuant to §1777.5 of the California Labor Code and the obligation set forth in §1726 of the California Labor Code to provide the City of Redding and/or Department of Industrial Relations certified payroll documentation when required. Copies of all certified payroll records related to this project are to accompany the relevant invoice submitted to the City of Redding. This includes the Employer Statement of Payments that addresses financial consideration of employee benefits. No Contractor/Consultant or sub consultant may be listed in a bid proposal for a Public Work project unless registered with the Department of Industrial Relations pursuant to Labor Code §1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code §1771.1(a)). No Contractor/Consultant or sub consultant may be awarded a contract for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code §1725.5. The effected Consultant and sub consultants must upload electronic payroll records directly to the Department of Industrial Relations division of Labor Commissioner. VI. PROPOSAL FORMAT The proposal shall include, as a minimum, the following information in the order shown below: Cover/Transmittal Letter—Letter is to be signed, in ink, by a member of the organization having the authority to negotiate and execute contracts on behalf of the firm. Cover letter must acknowledge receipt of any and all addenda by number, if any were issued (if in doubt, check the web at http://www.cityofredding.org/PurchasingBids or contact Amber Edenburn at aedenburn@cityofredding.orq. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 8 of 12 2. Project Understanding—This section should outline the consultant's basic understanding of the project. It should identify key issues to be addressed during the project and any insights or innovative ideas the consultant can provide in addressing those issues. 3. Scope of Work—Describe the work plan that you intend to use to complete the tasks listed in the Scope of Services. Note any changes/deviations or additions to the work descriptions that may have been overlooked or that help clarify the work tasks. Deviations which demonstrate a clear benefit or advantage to the City may receive special consideration. 4. Related Experience— Include all projects in progress or completed over the last five (5) years by your firm that are comparable to this project. Highlight designated personnel and their roles on these projects. Indicate the specific relationship to the project if other than the principal firm. Include agency references with names, addresses, and current phone numbers. 5. Responsible Personnel— List the Principal -in -Charge, Project Manager, Resident Engineer, and key project staff who will be directly involved in this project. Professional qualifications, registration numbers, and applicable experience of each person is required, together with the hours that each is committed to the project. Indicate the role this person had on the projects listed in the Related Experience section above, if any. Include all anticipated sub -consultants, listing names, addresses, telephone numbers, key staff personnel, and the expected hours to be committed to the project. A project organizational chart of key personnel shall be included. Every person whose resume is provided shall be shown on the organization chart. Resumes of people who are not shown on the organization chart will not be considered. Personnel in responsible charge of the construction engineering and administration shall be registered engineers in the State of California. 6. Project Management Plan — Describe how the project will be controlled and executed through to completion. Include a communications and coordination plan that applies to both the City and Contractor, in addition to members of the consultant's team. Demonstrate retention efforts to maintain the key team members and should there be changes, the City must pre -approve changes to key personnel working on the project. 7. Federally Required Documents/Forms - The Consultant shall complete the following forms and include them in the submittal packet: • Consultant Proposal DBE Commitment (Exhibit 10-01) • Consultant Contract DBE Commitment (Exhibit 10-02) • Disclosure of Lobbying Activities (Exhibit 10-Q • Proposer Good Faith Effort (Exhibit 15-H) If unable to meet the goal • Consultant Certification of Costs and Financial Management REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 9 of 12 System(link found on page 3 of this RFP) • Example Cost Template 101-11 (attached) Some of these documents are available on Caltrans website at the following link: • • c:' • r '..: r - 8. Consultant/Sub-consultant Form -Fill out attachment 2 and submit with your proposal. 9. Consultant Fee— In a separate sealed envelope, present one (1) set of documentation for the estimated fee for construction management services as described in the Scope of Work. Please provide a breakdown for the project listed in the proposal as the successful consultant will be asked to breakdown and submit billing invoices each month. The consultant shall prepare an estimated fee for the contract work as shown on the example cost template 101-11. The cost estimate shall be broken down for the Project by task, man-hours per task, different personnel classifications per man-hour (i.e., Principal, Senior Engineer, Staff Engineer, Clerical, etc.), provide a total cost per task, sub -consultant fees, expenses, and a total not - to -exceed amount for the entire project. Fees shall include all markups, overhead, and profit. The estimated fee shall be submitted in a sealed envelope along with copies of the proposal and shall not be opened until the interview process has been completed. The fee shall not be a scoring factor in the evaluation of the consulting firms. Do not state cost for services anywhere in the proposal. VII. PROPOSAL SUBMITTAL Pages in the proposal shall be typed and double -sided with the maximum number of pages of the proposal information (excepting cover sheet, cover letter, resumes, blank pages, and table of contents) to be limited to twenty (20) pieces of paper (40 pages). Only the specifically requested information shall be submitted. Promotional or other unsolicited material shall not be submitted. If a consultant recognizes a superior method of accomplishing a specific task or item, the consultant's fee shall reflect the City's requested work, and the cost increase/savings for the more -efficient method shall be noted separately. The consultant shall submit an original (unbound), four (4) bound copies, and one (1) USB drive with a PDF copy of the proposal in a sealed box or envelope clearly marked with the consultant's name and the description "Proposal for CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 10 of 12 PROJECT, BID SCHEDULE NO. 5387." The proposals shall be delivered to the City Clerk's Office by the time and date noted on the cover sheet of this RFP. A single set of the consultant's fee schedule for the services required in this proposal shall be submitted, along with the copies of the proposal in a separate sealed envelope with the same notation as the proposals. The sealed envelope will not be opened until after the Consultants have been ranked. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered non-responsive and shall be rejected. The City reserves the right, at its sole discretion, to waive any minor irregularities found in the proposals. IIX. EVALUATION CRITERIA City of Redding City Manager Policy 22-03 establishes the method of selecting a Consultant to perform the work of this project. A Review/Selection Committee made up of Engineering personnel will evaluate the Consultants based on the proposals and the following items: • Understanding of the project/scope (20 points) • Team experience: similar projects; working with the City (25 points) • Qualifications and experience of the Resident Engineer (15 points) • Qualifications and experience of project team members (15 points) • Project schedule; financial responsibility (10 points) • Project management plan (10 points) • Geographical location of project team (5 points) If necessary, an oral interview to determine which Consultant is best qualified to perform the work for this project. The Committee will then determine a ranking of the Consultants at which time the Consultant fee envelopes will be opened and tabulated. The Consultant fees will be evaluated to determine if the amount of the fee is considered a reasonable cost for the work. If the top ranked Consultant's fee is reasonable, the Committee will make a recommendation to the City Engineer. In the event that the top ranked Consultant submits a fee that is not considered a reasonable cost for the work and the Consultant is unable to lower the fee to an acceptable level, the City Engineer reserves the right to bypass the top ranked Consultant and negotiate with the second ranked Consultant. The City Engineer may require additional information prior to making the recommendation to the City Council to award and enter into a contract with the selected Consultant. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 11 of 12 IX. STANDARD CONSULTANT CONTRACT The Consultant selected to provide the scope of services shall use the City of Redding's standard Consulting and Professional Services Contract. A copy of the standard City of Redding agreement is attached. By submitting a proposal for the work, the consultant agrees to utilize the City's contract. Pay close attention to the insurance requirements indicated in Section 5 of the contract. X. TENTATIVE SCHEDULE Begin Circulation of RFP to Consultants ............................................. June 16, 2023 Deadline for Receipt of Questions (by 5:00 p.m.) .............................June 30, 2023 Addendum issued (if necessary) ........................................................ July 7, 2023 Deadline to Submit Proposals .......................................................... July 14, 2023 Evaluate Proposal ............................................................ Week of July 17th, 2023 Interviews consultants (if necessary) ............................................... July 25, 2023 Obtain City Council Approval ........................................................ August 15, 2023 Construction Prof. Ser. Contract Notice to Proceed ..................... August 16, 2023 Begin Construction ............................................................................ October 2023 End Construction ......................................................................... December 2024 X11. CONTACTS Any questions regarding this RFP must be submitted in writing to both contact names shown below. Responses deemed material to the understanding of this project will be shared with all known interested parties by way of formal addendum. Nick Visconti, Construction Manager, nvisconti(a-),cityofredding.,.orA Amber Edenburn, Purchasing Officer, aedenburn@cityofredding.org Questions must be received on later than 5:00 p.m. on Friday, June 30, 2023. Addenda will be emailed to all known interested parties as well as be posted to http://www.cityofredding.org/PurchasingBids (scroll down to the schedule number). It is ultimately the responsibility of the consultant to be in receipt of all addenda, should any be issued. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Page 12 of 12 ATTACHMENTS 1. Project Location Map 2. Consultant/Sub-consultant Forms -Required Submittal 3. City of Redding Request for Proposals General Conditions 4. Consultant Professional Services Contract Template 5. Example Cost Template 10H1 6. City Quality Assurance Plan (QAP) 7. Debarment and Lobbying Forms REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT SOON R�pOF 0 ZG O =o s� PROJECT LOCATION OBD A`TURgS Rp DgNq o oS- DR o G� a� o� gRR0),0 o Q Mq NOR DR CITY OF REDDING EXHIBIT A 2 OLD ALTURAS BRIDGE OVER PUBLIC WORKS DEPARTMENT CHURN CREEK CBF®a LOCATION MAP CONSULTANT / SUBCONTRACTORS INFORMATION Each consultant shall submit with his Proposal a list of subcontractors in conformance with Section 2-3 of the 2021 Greenbook. If there are no subcontractors, Consultant shall so stipulate on this form. Rev. 03108122 Consultant CSLB License Number, Expiration Date& Classification/ DIR Registration Number and Expiration Datel E-Mai/A ddress CSLB #: Exp.: Class: DIR #: Exp.: E -Mail Address: Type of Work and Percentage of Project Subcontractor's Name/Business Address/ CSLB License Number, Expiration Date& Classification/ DIR Registration Number and Expiration Date / E -Mail Address CSLB #: Exp.: Class: DIR #: Exp.: E -Mail Address: CSLB Exp.: Class: DIR #: Exp.: E -Mail Address: CSLB #: Exp.: Class: DIR #: Exp.: E -Mail Address: Rev. 03108122 CITY OF REDDING, CALIFORNIA REQUEST FOR PROPOSALS GENERAL CONDITIONS 1. PUBLIC INFORMATION All submitted proposals and information included therein or attached thereto shall become public record upon their delivery to the City. Proposals may be reviewed by outside interested parties after all proposals received for a particular project have been reviewed and the intended awardee has been selected. By submission of a proposal, Consultant understands and agrees that the City of Redding is subject to the California Public Records Act (Cal. Gov. Code section 62500 et seq.), and that all or part of the proposal submitted by Consultant may be subject to disclosure therein regardless of whether the proposal or part thereof is marked as proprietary. The City reserves sole discretion to determine whether disclosure is necessary under State law, and Consultant hereby releases City from all liability relating to such disclosure. City shall have no obligation to litigate the issue of disclosure under the Act on behalf of Consultant. The City of Redding reserves the right to amend, alter, or revoke this RFP in any manner at any time. At the City's sole discretion, modifications, clarifications, or additions will be distributed as an addendum to all known proposers. It is the responsibility of all interested parties to verify the existence of addenda (check Purchasing's website at AAA. cityofredding.org/PurchasingBids or call/ email the stated City contact). 3. PROPOSAL PREPARATION COSTS All costs incurred in the preparation and presentation of this proposal shall be wholly absorbed by the vendor. 4. PROPOSALS All proposals will be firm for a period of ninety (90) calendar days following the required date of submission unless an alternate time frame is stated in the Request for Proposal. 5. DEVIATIONS If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his proposal. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular proposal. Where deviations are noted, the City reserves the right to accept a proposal containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the alternative item or process proposed to perform the function for which it is to be acquired and such deviations result in lesser total cost to the City for the subject item or service. Page 1 of 3 6. WITHDRAWAL OF PROPOSAL Any proposer may withdraw their proposal, either personally or by written request at any time prior to the scheduled closing time for the receipt of proposals. Such requests are to be directed to the City Clerk. 7. SELECTION PROCEDURES Proposals submitted will be subject to the City's selection procedures for technical and/or professional consultants. Accordingly, final selection will be based upon overall capability to perform services and not exclusively upon cost of services. The City may make any investigation it deems necessary to determine the ability of a Proposer to carry out the obligations indicated in the Request for Proposal and the submitted Proposal. At the City's sole discretion, the Proposer shall furnish to the City all information and data for this purpose if materials submitted by, or investigation of, any Proposer fails to satisfy the City that the Proposer is properly qualified to carry out the stated obligations. The City of Redding reserves the right to accept the proposal that is in the best interest of the City. The City's decision shall be final. 8. RIGHT TO REJECT PROPOSALS The City reserves the right to reject any and all proposals, to waive any non -material irregularities or information in any proposal, and to accept or reject any combination of items. 9. AWARD OF CONTRACT The award of the contract, if it is awarded, shall be made on the basis of availability of budgeted funds and to a responsible Contractor who presents the best value to the City per Redding Municipal Code 4.20.040(C). 4.20.040(0) Procure for the city the needed quality in supplies, services and equipment that prove to be the best value to the city. Determination of best value may take into consideration additional elements beyond cost such as warranty, life cycle related costs, lead time, desired aesthetics, work experience as verified through references or work examples, vendor location, prior work with the city or other factors deemed relevant by the purchasing officer in the procurement of the needed supplies, equipment or work to be performed. 10. CITY OF REDDING BUSINESS LICENSE The awarded Vendor/Consultant may be required to obtain a City of Redding Business License per Municipal Code 6.02 — Business Licenses. Page 2 of 3 6.02.020 It is unlawful for any person to be engaged in business in the city without having a valid license from the city to do so, in compliance with any and all regulations contained in this chapter pertaining to the business, unless the person is exempt under the provisions of this chapter. No person who is an employee, or the direct representative of a licensee, shall be required to pay a license fee for doing any part of'the work of the licensee. The selected firm shall execute an agreement with the City within ten (10) working days after notification of selection, unless the time for execution has been extended for good cause at the sole discretion of the City. Failure of the selected firm to meet contract submission requirements (e.g. insurance) or failure to timely execute an agreement with the City may result, in the sole discretion of the City, a decision to select from the remaining proposers or to call for new proposals. Rev. 07117120 Page 3 of 3 CONSULTING AND PROFESSIONAL SERVICES CONTRACT WITH FHWA / FEMA FUNDING/ASSISTANCE THIS CONTRACT is made at :Redding, California, by and between the City of Redding ("City"), a municipal corporation, and ("Consultant") for the purpose of WHEREAS, a source of funding for payment for professional services provided under this Agreement is federal funds from the Federal Emergency Management Agency (FEMA) or United States :Department of Transportation. WHEREAS, Consultant desires to perform and assume responsibility for the provision of certain professional services required by City on the terms and conditions set forth in this Contract. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES A. Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, Description and General Consulting, Design and Environmental Services. These services will be specifically authorized by the City when needed through the issuance of individual Task Orders. Each Task Order will contain a scope of services, schedule, and compensation terms and be authorized in writing by the City and agreed to by Consultant. Unless exceptions are specifically noted in the Task Order, all work will be governed by these contract terms and conditions set forth in this Contract. Each Task Order executed by the parties will be incorporated herein and made part of this Contract. Proposed Task Orders and their corresponding proposed fee are to be in accordance with the specific rates of compensation in Exhibit B. These Task Orders will be scoped and negotiated following execution of the Contract. B. Consultant shall submit progress reports at least once a month. Each progress report should be sufficiently detailed for the Contract Administrator, as noted in Section 1 O.A, to: 1) determine if Consultant is performing to expectations and is on schedule; 2) provide communication of interim findings, and 3) sufficiently address any difficulties or special problems encountered. C. Consultant's :Project Manager, as noted in Section 10.8., shall meet with City's Contract Administrator as needed to discuss progress on the scope of work. D. Nothing contained in this Contract or otherwise shall create any contractual relation between City and any subconsultant, and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultants and of persons either directly Consulting and Professional Services Contract/FHWA Page 1 or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. Consultant's obligation to pay its subconsultants is an independent obligation from the City's obligation to make payments to Consultant. E. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. F. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. G. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. H. Any substitution of subconsultants must be approved in writing by City's Contract Administrator prior to the start of work by the subconsultant. 1. Consultant and any subconsultant shall permit City, the State of California, and the Federal Highway Administration ("FHWA"), if federal participating funds are used in this Contract, to review and inspect the project activities and files at all reasonable times during the performance period of this Contract including review and inspection on a daily basis. Consultant shall comply with the Federal Provisions set forth in Exhibit C, attached and incorporated herein, and shall further execute and deliver the certifications set forth therein to the City. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. Consultant will be reimbursed for hours worked at the hourly rates specified in the consultant's approved Cost Proposal, Exhibit B. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract. B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order. C. Specific projects will be assigned to consultant through issuance of Task Orders. D. After a project to be performed under this Contract is identified by City, City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project Consulting and Professional Services Contract/FHWA Page 2 schedule and will designate a City Project coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, and any direct costs authorized pursuant to Section 2.13, and total dollar amount. After agreement has been reached on the negotiable items and total cost; and finalized Task Order shall be signed by both City and Consultant. E. Task Orders may be negotiated for a lump sum, actual cost plus fixed fee or for specific rates of compensation, all of which must be based on labor and other rates set forth in consultant's approved Cost Proposal. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the :Department of Industrial Relations or the Secretary of Labor, as applicable. Consultant is responsible for paying the appropriate rate, including escalations that take place during the terms of the Agreement. Reimbursement for transportation and subsistence costs shall not exceed State rates. F. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval in the form of an Agreement amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. G. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. H. Consultant shall not commence performance of work or services until this Agreement has been approved by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. 1. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by City. Consultant shall be reimbursed within thirty (30) days upon receipt by City's Contract Administrator of itemized invoice. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved cost Proposal and shall reference this Agreement number, project title and Task Order number. Credits due City that include any equipment purchased under the provisions of Section 4, must be reimbursed by consultant prior Consulting and Professional Services Contract/FHWA Page 3 to the expiration or termination of this Contract. Invoices shall be mailed to City's Contract Administrator at the following address: K. The period of performance for Task Orders shall be in accordance with dates specific in the Task Order. No Task Order will be written which extends beyond the expiration date of this contract. L. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment. M. If Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. N. Task Orders may not be used to amend the language (or terms) of this Contract nor to exceed the scope of work under this Contract. O. The total amount payable by City for all Task Orders resulting from this Contract shall not exceed $ . It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders. 63X41Y[�]►`�c�951MANWA11017i1101noI10/_411[1701 A. This contract shall go into effect on the date it is signed by the City, and Consultant shall commence work after notification to proceed by City's Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City. C. City reserves the right to terminate this contract upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. D. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this contract with Consultant, City shall pay Consultant the sum due to consultant under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due consultant under this contract and the balance, if any, shall be paid to Consultant upon demand. E. It is mutually understood between the Parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, or for the mutual Consulting and Professional Services Contract/FHWA Page 4 benefit of both Parties, or in order to avoid program and fiscal delays that would occur if the Contract were executed after that determination was made. This Contract is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, conditions, or any statute, ordinance or regulation enacted by the Congress, State Legislatures, or City Council that may affect the provisions, terms, or funding of this Contract in any manner. Consistent with Article 16, Section 18, of the California Constitution, it is mutually agreed that if sufficient funds are not appropriated, this Contract shall be amended to reflect any reduction in funds. City may likewise void the Contract under Section 3.C. F. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract. G. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's Contract Administrator is necessary to determine the reasonable value of the services rendered by Consultant. H. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. EQUIPMENT PURCHASE A. Prior authorization in writing by City's Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000, prior authorization by City's Contract Administrator is required. Three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified and accepted by City's Contract Administrator. C. Pursuant to 49 CFR, Part 18 and for any equipment purchased as a result of this Contract, Consultant shall maintain an inventory of all non -expendable property. Non - expendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Consulting and Professional Services Contract/FHWA Page 5 Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with City's established purchasing procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to City and Consultant. The terms and conditions of such sale must be approved in advance by City. D. All subcontracts in excess $25,000 shall contain the above provisions. SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Coverage Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability (Errors and Omissions) X (Place an "x" in the appropriate box) B. Coverage shall be at least as broad as: Insurance Services Office form number CG -0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office form number CA -0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non - owned and hired vehicles; Statutory Workers' Compensation required by the :Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; Consulting and Professional Services Contract/FHWA Page 6 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers. 2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A -VII. F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be Consulting and Professional Services Contract/FHWA Page 7 furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner. G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification. H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract. 1. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. 11 / A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent Consulting and Professional Services Contract/FHWA Page 8 permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because ofthe Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and bold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. MISCELLANEOUS TERMS AND CONDITIONS A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during Consulting and Professional Services Contract/FHWA Page 9 or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other :Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. Consulting and Professional Services Contract/FHWA Page 10 1. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. J. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. K. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee :Retirement System or be eligible for any other City benefit. L. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto. M. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. N. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. Consulting and Professional Services Contract/FHWA Page 11 SECTION 8. SURVIVAL The provisions set forth in Sections 4, 5, 6, TA, 7.1), 7.G, 7.L, 15, 18, 19, and 20 of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments. B. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. C. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HTV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. D. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. E. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis or race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of Consulting and Professional Services Contract/FHWA Page 12 equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. SECTION 10. REPRESENTATIVES A. City's Contract Administrator for this Contract is , email telephone number (530) , fax number (530) . All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee. B. Consultant's Project Manager for this Contract is , email telephone number ( ) , fax number (_) . All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; Consulting and Professional Services Contract/FHWA Page 13 that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. 61 DION 1 11 LIFAI 111FORLIN AXN Do 11 1111LIJ 101 BLI&I DION 0 go IN 9 IN Clas W." I .7 111 is 11 am 1 ag g I A. This Contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultant shall be guided by, and comply with, Exhibit 10-1 of the Local Assistance Procedures Manual ("LAPM"), attached and incorporated herein. B. Consultant must give consideration to DBE finris as specified in 23 CFR 172.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the goal by using DBE's as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. C. A DBE may be terminated only with written approval of City and only for the reasons specified in 49 CFR 26.53(t). Prior to requesting City's consent for the proposed termination, Consultant must meet the procedural requirements specified in 29 CFR 26.53(f). D. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBE's. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. E. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by Consultant or Consultant's authorized representative and shall be furnished to City's Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Consulting and Professional Services Contract/FHWA Page 14 Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subconsultants" is submitted to City's Contract Administrator. F. If a DBE subconsultant is decertified during the life of this Contract, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Administrator within 30 days. G. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 14. CONFLICTS OF INTEREST / UNLAWFUL CONSIDERATION A. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. B. Consultant warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right: 1) to terminate this Contract without liability; 2) pay only for the value of the work actually performed; and 3) to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. C. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow. D. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Contract. E. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Section A through E. Consulting and Professional Services Contract/FHWA Page 15 F. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint - ownership, or otherwise. G. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. H. Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its sole discretion: 1) to terminate the contract without liability; 2) to pay only for the value of the work actually performed; 3) to deduct from the contract price; or 4) to otherwise recover the full amount of such rebate, kickback or other unlawful consideration. fy 5[11 Y [Y]►`iY7511 Y �t►`Y Y [Y)►`[Y7 Yt7 9[KY77 7.Y/�11711 Y A. For the purpose of determining compliance with Public Contract Code § 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code § 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) workpapers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. B. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by agreement, shall be reviewed by City's Director of Finance or her designee. Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by City's Director of Finance or her designee of unresolved audit issues. All requests for review shall be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. Consulting and Professional Services Contract/FHWA Page 16 D. In cases where the maximum compensation under this Contract exceeds $150,000, Consultant and subconsultant contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) IC:R Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instance of a CPA IC:R Audit Workpaper :Review, it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's workpapers including making copies as necessary. The contract, cost proposal, and IC:R shall be adjusted by Consultant and approved by City's Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA workpapers, will be considered a breach of Contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. SECTION 16. DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this Contract that is not disposed of by agreement shall be submitted in writing and decided by City's Director of Public Works, who may consider written or verbal information submitted by Consultant. B. Neither the pendency of a dispute, nor its consideration pursuant to this Section will excuse Consultant from full and timely performance in accordance with the terms of this Contract. SECTION 17. SAFETY A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City. Consultant's personnel shall wear hard hats and safety vests at all times while working on a construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, and when applicable, Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 1.4, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. Consulting and Professional Services Contract/FHWA Page 17 SECTION 18. OWNERSHIP OF DATA A. Upon completion of all work under this Contract or termination of this Contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Contract will automatically be vested in City, and no further agreement will be necessary to transfer ownership to City. Consultant shall furnish City all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Contract has been entered into. C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by City of the machine-readable information and data provided by Consultant under this contract. Further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant. D. Except as noted above, City may permit Consultant to copyright reports or other contract -related product. If copyrights are permitted, the City and the FHWA shall have a royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work and to authorize others to use the work for government purposes. E. Any subcontract in excess of $25,000 entered into as a result of this Contract shall contain all of the provisions of this Section. SECTION 19. CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services under this contract. C. Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. Consulting and Professional Services Contract/FHWA Page 18 D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all of the provisions of this Section. fy 5[ 11 Y [I]►`I►dI�K1]►`I �I 1711►II Y %� 11 II lmo Y117_\I II_\ A. All financial, statistical, personal, technical, or other data and information relative to City's operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by City relating to the Contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. C. Consultant shall not comment publicly to the press or any other media regarding the contract or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by City and receipt of City's written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Section. In accordance with Public Contract Code § 10296, and by signature on this Contract, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. 63 X411 Y [I]I YI\►`i IRM 9 MOM 1111MI 01 NI01 a MIT4 Y MON A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or Consulting and Professional Services Contract/FHWA Page 19 had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City prior to execution of this Contract. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the FHWA. SECTION 23. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS A. In cases where federal funding exceeds $150,000, Consultant certifies by signature on this Contract that, to the best of his or her knowledge and belief. No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. 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. Consulting and Professional Services Contract/FHWA Page 20 C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. SECTION 24. EFFECTIVE DATE OF CONTRACT The effective date of this Contract shall be the date it is signed by City. OPTIONAL LANGUAGE If there are any questions about the applicability of the Prevailing Wage Law, please consult with the City Attorney. In the event that the Prevailing Wage Law applies, insert the following as Section 24 and renumber accordingly: SECTION 24. STATE PREVAILING WAGE RATES A. Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of I.ndustrial Relations (DTR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consulting and Professional Services Contract/FHWA Page 21 IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below: Dated: , 20 ATTEST: CITY OF REDDING, A Municipal Corporation BARRY E. DeWALT City Attorney PAMELA MIZE, City Clerk By: CONSULTANT Dated: , 20 Department of Industrial Relations No.: I FIN l 7► Attachments: Exhibit A (Scope of Work) Exhibit B (Cost Proposal) Exhibit C (Federal Provisions) Exhibit 10-I (Notice to Proposers DBE Information) Consulting and Professional Services Contract/FHWA Page 22 Local Assistance Procedures Manual EXHIBIT 1.0-H1 COST PROPOSAL Page 1 of EXHIBIT 10-H1 Cost Proposal COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ❑ Prime Consultant ❑ Subconsultant ❑ 2,d Tier Subconsultant Consultant Project No. DIRECT LABOR Contract No. Date Classification/Title Name Hours Actual Hourly Rate Total $ 0.00 b) Anticipated Salary Increases (see page 2 for calculation) Plan Sheets $ 0.00 $ 0.00 $ 0.00 $ 0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] INDIRECT COSTS d) Fringe Benefits (Rate: 0.001/6) c) Total Fringe Benefits [(c) x (d)] $ 0.00 I) Overhead (Rate: 0.00% ) g) Overhead [(c) x (f)] LABOR COSTS Unit Unit Cost Total Mileage Costs a) Subtotal Direct Labor Costs Equipment Rental and Supplies $ 0.00 b) Anticipated Salary Increases (see page 2 for calculation) Plan Sheets $ 0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] INDIRECT COSTS d) Fringe Benefits (Rate: 0.001/6) c) Total Fringe Benefits [(c) x (d)] $ 0.00 I) Overhead (Rate: 0.00% ) g) Overhead [(c) x (f)] $ 0.00 h) General and Administrative (Rate: 0.001/o ) i) Gen & Admin [(c) x (h)] $ 0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 0.00 FIXED FEE k) TOTAL FIXED FEE [(e) + (j)] x fixed fee 0.00% ] $ 0.00 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional Dares if necessarv) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ 0.00 Equipment Rental and Supplies $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 Test S0.001 1) TOTAL OTHER DIRECT COSTS 0.00 m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: m) TOTAL SUBCONSULTANTS' COSTS $ 0.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $ 0.00 TOTAL COST [(c) + 0) + (k) + (n)] $ 0.00 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal fonnat shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-11 Cost Proposal EXHIBIT 1©-H1 COST PROPOSAL Page 2of3 -COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. -Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 500 = $50.00 Year Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year 1 $50,00 + 2% _ $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% _ $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2°l° $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + - 2% $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% _5000 1000 Estimated Hours Year 1 Year 2 40.0°t° 5000 -2000 Estimated Hours Year 2 Year 3 15.0°l° 5000 = 750 Estimated Hours Year 3 Year 4 15.0°l° 5000 = 750 Estimated Hours Year 4 Year 5 10,0°l° " 5000 500 Estimated Hours Year 5 Total 100% Total -5000 4. Calculate Total Cosic including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost t per (calculated above) (calculated above) Year Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 "" 500 $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation $257,871.10 Direct Labor Subtotal before Escalation $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES' 1. This is not the onlyway to estimatesalary increases. Other methodswill be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. _An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020