HomeMy WebLinkAbout4.11(a) C; ITY U �
� � � ' � � � � � � CITY 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***
cikl�nd,H'ciblic Wc�aks L7qrc�t CJ/27/Zt723 ippin,�Ci a�z �e 1t1130/2423
caulcland@ci.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 Ch�urn Creek Brid e Pro'ect
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) Autharize the Mayor to execute a Consulting and Professional Services Contract for a
not-to-exceed fee of$899,838.2'7 with GHD, Inc., to provide Construction Management
and Inspection Services; and
(3) A�uthorize 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.
Alterna�ive 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 st�ructural concrete, 150,000 pounds of bar reinforcing steel, 700 cy of structure
excavation, 500 cy of structure backfill, 125 feet of Type lA 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 P�ocess
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 inembers 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,proj ect approach, familiarity with City proced�ures,
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 act�ual 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 October 30,2023
Re: 4.11(a)--Award RFP No. 5387 Construction Management Services Page 3
Council Priority/City Manage� 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
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
l 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 oi• 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 ContracUF7�IWA wFcderatFundingAesis 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.
I. 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.
Considting and Professional Services ContrxcVr};�yq WFederalFundingAssis Page G
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 incuri•ed 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 t�ie 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:
Consutting and Professional Services Contrad/FFiWA wFederalFundingAssis Page 3
Nick Visconti
City of Redding Engineering Division
777 Cypress Avenue
Redding, CA 96001
I. 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
detennine the cost allowability of individual items.
L. Consultant also agrees to comply with federal procedures in accordance with 49 CFR,
Part 18, Unifoi-m 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 ContracdFHWA 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 ma�cimum 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 fiuids 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. EpUIPMENT 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 ContractlFHW A wFederalFundingAssis P3ge S
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 eapense, 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. INSURANC�
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
Covera�e 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:
1. 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;
Consul[ing and Professional Services Con[ract/FHWA wFederalFundingAssis Page 6
4. Professional Liability (Errors and Omissions) Insurance, appro�riate to
Consultant's profession, against loss due to error or omission or malpractice
in an amount not less than $l,aao,oaa.
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:
1. 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 bonowed 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 voltuiteers, shall be in excess of Consultant's
insurance and shall not contribute with it.
3. 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 Scrvices ContracVFHWA wFcderalFundingAssis PSgE /
certificates and endorsements for each insurance policy are to be signed by a person
authorized by the insurer to bind coverage on its behal£ All endorsements are to be
received and approved in PINS Advantage by the City's Rislc 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, witlzout 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 sliall 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, emp]oyees 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 attomey'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 Professiooal Services Contract/FHW A wFederalPundingAssis p$�e g
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 iiegligence,
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 aiid indemnity in writing
delivered to City within thirty (30) calendar days, in addition to any other reinedy
authorized by law, the City may withhold such funds the City reasonably considers
ilecessary for its defense and indemnity until disposition has been made of the claiin
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 contiilued 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 T�RMS 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 perforined 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 Profcssional Scrvices Contrea/FHWA wFedcralFundingAssis 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 hereo£ 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�ury 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 attaclunents hereto, those prepared by
City shall prevail over those prepared by Consultant.
I. 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, perinits,
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 Protessional Services ContracUFHWA wFedcralFundingAssis Page L�
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 t�es 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 consh�ued
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.D, 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 wFederalFundingAssis Page 1 1
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-fl 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 Goverrunent Code Section
12990 (a-fl, 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 Califomia 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 Departrnent 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�z,cityofredding.o�,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 ConiracUF7�IWA wFederalFundingAssis Page 12
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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(fl. Prior to requesting City's consent for the proposed
termination, Consultant must meet the procedural requirements specified in 29 CFR
26.53(fl.
D. Consultant shall maintain records of materials pttrchased 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 �repared 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 retunled 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 Pro@ssional Services Contract/FHWA wFcdcralFundinaAssis pA RP. �Q.
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 froin 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
ConSulline and ProCessional Services Cnntrar.f/FFfU/A.drPa�.air•���,���..n«;< Pa aP �5
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
inaterials 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 fuz�ished 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
C.PA'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/FFIWA wFederalFundingAssis Pa�e 1 6
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.
S�CTION 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
Cons�ltinc,and Professional Services Contract/FHWA wFederalFu�di�on�d� PA QP �7
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 llATA
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 cominittee.
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 R�LATIONS 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 coinply with an order of the National
Labor Relations Board.
ConsultinR and Professional Services Contract/FHWA wFeAeralFu�d���,Ac�is pA OP. �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 cui�ently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended,
debarred,voluntarily excluded, or determined ineligible by any federal agency within
the past 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
coinpetent jurisdiction in any matter involving fraud or ofticial 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 necessaxily 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 axe 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 awaxding 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 oi• entering into this transaction imposed by Section 1352,
Consulting and ProFessional Services Contract/FHW A wPederalF�ndinRAssis PB.�e 1 9
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 a11 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. ov.
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EXHIBfT A
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Scope of Work
General 1�/ork 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 fol(ow 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 wil) 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 wil( I<eep electronic copies of project documents, in a filing system that
matches the Caltrans hardcopy filing system. City and Ca(trans staff will have access to either hardcopy
files or electronic files, when requested.
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!n 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 pian
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 pub(ic 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
cafculations, RE pending file, geotechnical reports, hydraulic studies, discovery reports, right of way
agreements, etc.The RE wili walic 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 wiil 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 canstruction, 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
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Task 5 - 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 weekiy(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 c(aims
• Procedures for utility interruptions
• Procedures and requirements for water polfution 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 wi(I 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 Chum Creek Brid�e WideninE.Citv of RPdrii�a SrF1P/�IIIP n�„ c�Q� r_u��„�,�,�,
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Construction Manager,GHD wil! prepare the meeting agenda for construction meetings, and prepare
meeting notes upon conclusion of the meeting.
Task 7 — Coordination
GHD wil(take the lead role for construction coordination, including coordinating administrative,
construction management, inspection, and material testing activities of the construction contract. GHD
wili 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 anywork
that will affect their specific utility or components.
Task 8 — Contract Documents
GHD wili thoroughly review the contract documents, to ensure accurate and complete interpretation of
the intent of the plans and specifications, as weli 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 wiil 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, empioyee interviews, and Owner-Operator
documentation.The Contractor's bulletin board will be inspected to enforce poster requirements.GHD
inspectors wil(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(aws.
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, mal<e engineering recommendations,
CM Services for Old Alturas Road Over Churn Creek eridge Widening,City of Redding,5chedule No.5387,GHD#12616262
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and prepare responses in compiiance 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
pians 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) quafified
GHD personnel, Contract quantities wili be fully documented in the project files, providing
documentation for quantities paid on each progress payment.
Task 14— Project Schedule
GHD wiil 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
wiil be given to monitoring the Contractor's overall progress to minimize the potentiai for delay-related
problems. Contractor schedules wil! 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 wiil 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 wili 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,
reasonab(eness, 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
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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 impiementation of project
requirements. GHD wiil also use their in-house SME for expert coordination and advising.
Task �S — 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 �9 — 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 tirnely
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 2� — Materials Testing
CGI Technical Services, subconsultant to GHD,wil) 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.5387,GHD#12616262
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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-spec�fically 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 wi(1 be discussed with the City before issuing applicable field directives.
RE/inspector daily diaries wilf 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 wil!spot-check grades and a(ignments 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 probfems 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 2S — Traffic Control
GHD will review and make recommendations regarding alI 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
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manner that facilitates construction progress while minimizing traffic impacts as much as possible. GHD
will ensure contingency plans are in piace 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
overal( effectiveness of the Contractors Stage and Traffic controi and make recommendations to the City
as to any improvements that would provide for a safer project for staff and the traveling public.
Task Z6 — 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 overail 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— Finaf Inspection
As construction nears completion, GHD will coordinate inspections with the Contractor and Cityfor 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 ineeting
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,Schedu(e No.5387,GHD#12616262
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Task 31 — Claims Management
A separate task and an allowance of$10,000 has been included in the scope and fee to anafyze,
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 fufi-size set of construction drawings showing changes made throughout
construction of the project.These redline drawings wil! be provided to the City and the design team
upon completion of the project, to be incorporated into the final Record Drawings. GHD will he(p
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
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3 File Review 12 2 ZO 2 2 1 53,892:39
4 Scheduie Review 24 63 54,490:48 58;091.95 512�521.91 51.252.18 513,773:99
3 � � 99 51,357.OG $2.A78.25 53�835.29 5383.63 54,218.82
5 Pre-cansiructfan Conference 2 2 12 8 24 57.770:88 53:234.16 55.006.04 $SOQ:50
Phase 2-Durin Canstructlon Servlees . S5;5o5.54
7 GonsirucGon Meetin s g & 5Q . $TB4,10A,34
8 Cocardination 72 i6 Btl 9 �'4 55,701.94 510,4'11.99 $18,119.93 59;811.31,
2 4 517,72d:44
9 Contract Documents 2 117 S70.DSQ:62 518;355.45 528,406.07 �2.840.&7 ' 531,24&:68
4 2 20 Z 3 4 18 4 55 �3.851.75 $7:034.45 $10,866:20 51.088.52 511.974:92
10 Labor Com liance
11 Pea ress Re orts 4 2 75 60 12 16 132 Si,747.88 $14,149.95 $21,�97<83 $2:189.78 524;0&F.Bt
12 Contractarin uiriss 6 2 20 1 h � A� i2 193 59,704.13 $17722.65 S27,A26.78 52.742.88 530.169;4ti
13 Con9racR Che e 4rders 33 52,879.i7 $5:268.23 59,137:40 S8i3.74 $B,a51:94
8 2 32 2 20 8 72 55,165:88 S9:d34A5 514,�00:33 $1;460,03 $16,�G0.36
i4 Pr resa Pa ment� 2 4 1QD 16 4 128 �10,580�76 �15;323.64 �2H.9fl4:40 52;99Q.44
75 Pra eet Schedule
� 1 4Q 1 S82,B9A:&9
18 Praect8ud et 4A $4,028:9A $7,356.05 $11,3�6:99 59,198.70 $92,625.89
4 20 20 92 56 53,B93.84 57 991.25 $1'I,OCi5:05 $1�900.51, 512,1D5:56
17 Contractor Pro osals 4 1 24 4 4 2 39 53,325:10 S&:Q72.83 59,397.73 5939.77
18 Util' Coordination q .� �� $1p�33i:S6
19 Sha Drawln s
8 2 30 52.235.19 S4ib82.13 5&,397:32 $631.Z3 5&;949.05
20 Pro'ect Submittmis 3 1 G4 q & � 30 10 8d 55,778;94 510,554.06 ffi18,933:02 51:633.30 ffi97,96832
29 Materials Testin 2 q 24 12 111 38.146.88 $14:679.28 . 529,024:96 52,302.50 528,327.48
� � 14 STT5:78 $9:416.77 52.192:63 5218.25. �5D,427.d0 S5U.42I.tl0 552,838:79
22 Surve 9n 12 2 1A S1<203:00 52r197Ad $3,AOQ.Oed S3d0.qQ
23 Ganateuction ins ecfian 155 1670 53,790.q4
24 Test Data 2 1 2� 2025 $130,318:26 $237:996.57 5366,912:82 536:831.�8, $1q,99J.63 $14.889.63; $42G,033.73
25 Tra�c ConUol 8 t g4 � 24 ffi2,133:9A 53;697.21 S6,Q31.15 $603.72 $8.634:27
26 Safe � 1 38 S3,'189.94 $5,825.79 59,015.79 5901.57 ' $9.997:3Q
4 1 16 1 21 57.880.19 $3;433.79 $5,313.98 $591.A0 59:845.38
27 EnvitonmentalandPermits 2 1 8 2d 2 37 $2,176,90 $3,9?6.67 $6,952.57 $fi16.26
28 Claims Mana ement 1nGuded in Task 32 56,787:83
29 Flnal Ins ection
30 G}�ali Control � 8 �� 21 Si,897:9A 53;A47.94 55,335.8� 5533.59
1 1 8 q 1 $5,883:47
31 Month BilBiri s 43 53,242:&1 $5;922.34 $9,165:75 $91fa:52 510081.67
2 12 16 - 34 Si,d9728 52734.48 $4231:78 SA23.18. S4BSdc94
Phase 3.Post Gonstruc#lan S�nticea
32 Clsims Mana emant Allawance 8 4 23 562,]O�.B3
33 As Bulft Pfans 35 S3,t�8.i5 $5,594.22 59,657.9T $865.74 $9,523:91
1 2 i8 98 4 39 52,576.89 54.F�:16 $7,283.04 5726.34 $E,D1'1.34
a4 QuantiUes and Pa ment 2 1 20 12 9 36 $2�748:94 5b.020.39 57,789.33 §776.93 SB,SdGE.26
36 Contract Records 2 8 8� 40 92 �1Q 162 $t1 781:52 g29 516.59 $33,298.11 $3 329,61 Sd
536,827.92
Furchases>and dtrect C�asts
GHC1°S AI"1tFCi 8$Ed SaI3 IPdCP8aSE5 fr01T8 EX 10H $5,812:21 S7ri44:86 $11,d67.0T S1;iQ5.�i S12.ifi2.71
A Miiea e IRS Ftate 1000a miles�50.655= SB;s20.0�
� Per Diem 58,55@.00 $6,550.00 $B,SSO.Oq
5 daYs�$9A 1:Q0= $720.06 5�20.W $720.d0
G Cb ies 8.5z91 ar 11x17 6000 each��0.95= 5756.00 5750.00 $750:00
D co res Pdan snee�s aoo�acr,�sz.00= �aoo.ou saoo:ao
saao:�a
Subtotal Haurs 1S0 11CI 1Qfi5 15 43 28 1670 341 87 86 3798
Dollars 512,75Q $T,433 $98;778 $1,275 59,99fl S2:210 $195,9A0 515,348 S3A8f� SS,010 56,-02D.00 S2&5,718.95 3485,282.53 $759,421.49 575,100.75 �5Q,427.00 E748�9.G3
. �65,316.63 ' #699,838.2T
Nates: 1: P,bove houHy bfAing rates are approximate and wi11 be based on the actuel employees thai petfatm the wark.
2:Vehicle mileage wiA tia charged at ihe IRS rata.
3: Emplayee per diem will b�charger!at Cslfrans rates:
DBE 1.796
4.It is assumetl that the above hours vn�l be shlfRed between Tesks and phases ta meat aclual project needs.Totai Gratges will r�main within itis katal contrac4 amaunf,unless additicnal services ere requested and approved in an amendmanL
5.Ratea will tie adjusted up to 5%one Gme par year an July 1.
8.�ee estima#e based on the sctredul�in ihe RFP.
Page 1
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Local Assistance Procedures Manual
Exhihit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 1 O-01 CONSULTANT PROPOSAL DBE COMMITMENT
1.Local Agency: City of Redding
2.Contract DBE Goa1: �•�%
3.Project Description: Bridge Wideninq(Old Alturas Road Bridge at Chum Creek)
4.Project Location: Reaa�ng (,aliTom�a
5.ConsultanPs Name: GHD Inc.
6.Prime Ceriified DBE:�
7,Description of Work,Service,or Materials 8-DBE
Supplied Cenification 9.DBE Contact Information 10.DBE%
Number
Assistant RE/Structures Representative ��56�y2 Unfco Engineering,inc.
Cesar Montes De Oca �•�%
9 B 0 6623
110 Blue Ravine Road,Suite 101
Folsom CA 95630
Loca1 Agency to Comptete this Section
17.Local Agency Contract Number:
18.Federal-Aid Project Number: 11.TOTAL CLAlMED DBE PAR7ICIPA770N 1,7p •/m
Consultant's Ranking after Evaluation:
fMPORTANT:Identify aH DBE firtns being claimed fw credit,
Locai Agency certifies that ali DBE certifications are valid and information on regardless of tier,Written confirmation of each listed DBE is
this form is complete and accurate, required.
-,
`�� �� 08/21/2023
-C:.s<':,�_..
21.Local Agency Representative's Signature 22.Date 12,Preparers Signature 13.Date
Russell A. Wenham 530.953.6486
23.Locai Agency Representative's Name 24.Phone 14.Preparers Name
15.Phone
Principal—in�harge
25.Local Agency Representative's Title 16.Preparers Titfe
DISTRIBUTION: Original—Included with consultanPs proposal to local agency,
ADA Notice: For individuals with sensory disabili4es,this document is available in altemate formats. For information ca11(g16)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS�9,Sacramento,CA 95814.
LPP 18-01
Page 1 of 2
January 2019
Local Assistance Proceduees 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 °/a -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 °/a -Enter the total DBE participation claimed. If the totaI %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 commitznent 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.
LPP 18-01
Page 2 of 2
Januaey 2019
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
�.Local Agency: Gity of Redding 1.00°/a
2.Contract DBE Goai:
3.Project Description: �� 9e t en►ng
a.Project�ocatton: Old Alturas Road at Chum Creek, City of Redding, Califomia
5.ConsuttanPs Name: GHD Inc.
6.Prime Certlfied DBE: ❑ 7.Totai Contract Award Amount: $$99,838.27
8.Tota!Dollar Amount for ALL Subconsuitants: $65,316.63
9.Totai Number of ALL Subconsultants: 2
1 D.Description of Work,Service,or Materials ��•�BE 13.DBE
Supplied CertificaGon 12.DBE Contact Information Dollar
Number Amount
Assistant RE/Structures Representative 1756792 Unico Engineering, Inc. $14899.00
Cesar Montes De Oca
,
Folsom, CA 95630
Materials Testing n/a CGI Technical Services Inc. $0.00
Cliff Curry
nsig ace
Redding, CA 96003
Local Agency to Comptete thls Section
20.Local Agency Contract a14899.00
N�imhpr
21.Federal-Aid Project Number. 14.TOTAL CLAIMED DBE PARTICtPAT10N
22.Contract Execution 1 JO %
narP�
Local P�qency certifies that all DBE cerdfications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit,
this fortn is complete and accurate, regardless of tier,Written confirmation of each listed DBE is
required. �
-'7
�.�',,_`!, 08/21/2023
23.Local Agency Representative's Signature 24.Date 15.Preparers Signature 16.Date
Russell A. Wenham 530.953.6486
25.Local Agency Representative's Name 26.Phone 17.Preparers Name 18,Phone
Principal-in-Charge
27.Local Agency Representative's Title 19.Preparers Title
DISTRIBUTION: 1.Original—Local Agency
2.Copy—Caltrans District Local Assistance Engineer(DLAE}.Failure to submk to DLAE within 30 days of contract
execution may result in de-obUgatfon of federal funds on contract.
ADA NoHce: For individuals with sensory disabilitles,this document is availaWe in altemate fortnats, For informafio�call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS�9,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency-Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic
Rehab, Overlay,Widening, etc).
4.Project Location-Enter the project location as it appears on the project advertisement.
5. Const�ltant'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-DI3Es). Do not include the piime consultant information in this count.
9. Total number of ALL s�bconsultants—Enter the total number of all subcontracted consultants. SLTM=(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 N�mber-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 consultanYs 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 N�mber-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 23,2a15
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 Restoi•ation 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 ilot);
• 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 ContracUFH�VA wPederalFundingAssis Page GG �
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NOTE
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 Citv 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 Ibs 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, �,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.
www.CityafRedding.orq/PurchasingBids
• Plans
• Project Specifications
• Caltrans Office Bulletin 22-06
• City of Redding Construction Standards
(https://www.cityofredding.org/departments/public-works/engineerin�)
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.
t ://i_ . .c . v/-/ i /i_ -
i / c t If r/i_ c rtific ti i ir ct c t i ci 1
t Vst v . f
tt ://i_ . t.c ._ v/-/ i /i_ -
i / c t /f r/i_ f r r t f r . f
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-I and guidance for Consultants
completing the good faith effort submittal can be located at:
https://dat.ca.gov/-/media/dot-media/programs/local-
assistance/documentsllapm/c10I10i.pdf
The Consultant shall verify and meet all LAPM requirements for:
• Notice to Proposers Disadvantaged Business Enterprise
Information (Exhibit 10-I)
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) lf 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.
Durinq 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. �abor 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 RFI'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 andlor 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:
1. 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
hfitp://www.citvofredding.org/PurchasingBids or contact Amber Edenburn at
aedenburn("a?�cit�ofredding.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) /f 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 10H1 (attached)
Some of these documents are available on Caltrans website at the following
link:
htfips://dat.ca.gov/�raqrams/local-assistance/forms/local-assistance-
procedures-manual-farms
8. Consultant/Sub-consultant Form-Fill out attachment 2 and submit with
your proposal.
9. Consultant Fee— !n 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 10H1. The cost estimate shall be broken down for
the Proiect 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.
VI1. 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 A�TURAS 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 N The proposals shall be delivered to the
City Clerk's Office by the time an oted 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. TENTATNE SCHEDU�E
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
XI. 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?cityofreddin�.arg
Amber Edenburn, Purchasing Officer, aedenbur�cit�ofreddin ,c�.orq
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:// .cityafreddinq.orc�/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 Proposais 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
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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.
Consultant
C�SLB License Number, Expiration Date& C/assification/
DIR Reqistration Numberand Expiration Date/E-Mai/Address
CSLB #: Exp.: Class:
DIR#: Exp.:
E-Mail Address:
Type of Work and Subcontractor's Name/BusinessAddress/
Percentage of Pro�ect CSLB License Number, Expiration Date& C/assification/
DIR Registration Number and Expiration Date/E-MailAddress
CSLB #: Exp.: Class:
DIR#: Exp.:
E-Mail Address:
CSLB #: Exp.: Class:
DIR#: Exp.:
E-Mail Address:
CSLB #: Exp.: Class:
DIR#: Exp.:
E-Mail Address:
Nt?TE: DIR'Registr�tionii expires annuatly on June 30t". You must renew yaur regi�tration by luly
1�t of each year to be eligible to bid and or work on Public Work contracts.
Rev. 03/OS/22
CITY OF REDDING, CALIFORNIA
REQUEST FOR PROPOSALS
GENEI2AL CONDITIONS
l. 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.
2. 12FP ADDENDA
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
www.cityofreddin�.or�/Purchasin�l3ids 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�C) I'��cu�e fo� t�ie cify the needed quality in supplies, serviees and equipment
that prove to be the best value to the city. Dete�rnir�ation of best value �nay take into
eonside�ation additianal elernents b�yond cast such as wa�^ranty, lif'e cycle related easts,
lead tirne, a'esired aesthetics, work expe�^ience as ve�ifi�d th�ough �eferences o� wo�k
exarn�ales, vendo�^lac�ztiar�,p�iar wo�k with the city a�other faetors deem�d r�levant by the
purchasing o��ce� i�r the p�oeu�eme��t of the needed supplies, equip�nent or work to l�e
per�f'o�med.
10. CITY OF REDDING BUSINESS LICENSE
The awarded Vendor/Consultant may be required to obtain a City of Redding Business
License per 1Vlunicipal 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 f�om the city to do so, in compliance with any and all�egulations 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, o� the di�ect �epresentative of a licensee,
shall be requi�ed to pay a license f'ee 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 SERVTCES CONTRACT
WI�TH 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 l. CONSULTANT SERVTCES
A. Subject to the terms and conditions set forth in this Contract,Consultant sha11 provide
to City the services described in Exhibit A, Description and General Consulting,
Design and Environmental Services. These services wi11 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 suf�ciently detailed for the Contract Admini strator,as noted in Section l O.A,
to: 1) determine if Consultant is performing to expectations and is on schedule; 2)
provide communication of interim findings,and 3)suf�ciently address any dif�culties
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 sha11 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 fu11y responsible
to City for the acts and omissions of its subconsultants and of persons either directly
Consulting a�d Professional Services Cont�act/T�HWA S Glg�i 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 sha11 be
subcontracted without written authorization by City's Contract Administrator, except
that, which is expressly identi�ed in the approved Cost Proposal.
F. Consultant sha11 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 a11 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.
I. Consultant and any subconsultant sha11 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 al1 reasonable
times during the performance period of this Contract including review and inspection
on a daily basis.
J. Consultant shall comply with the Federal:Provisions set forth in Exhibit C, attached
and incorporated herein,and sha11 further execute and deliver the certifications set forth
therein to the City.
SECTION 2. COMPENSATTON AND RET�MBURSEMENT 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 salaxy 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 wi11 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,expectedresults,project deliverables,period ofperformance,project
Consulting a�d Profes�ional Services Cont�act/T�HWA S Glg�i G
schedule and will designate a City Project coordinator. The draft Task Order will be
delivered to Consultant for review.Consultant sha11 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.B,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.N�o payment will be made prior to approval or for any work
performed prior to approval of this Agreement.
I. 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 sha11 not
commence until a Task Order for that project has been executed by City.
J. 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 sha11 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 sha11 detail the work performed
on each milestone, on each project as applicable. Invoices sha11 follow the format
stipulated for the approved cost Proposal and sha11 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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i J
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 wi11 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.
SECTION 3. TERIVI AND TERMINATION
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 fu11y 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,sha11
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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i 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 orregulation enactedbythe 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 sha11 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 sha11 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. EQUIPIVIENT PURCHASE
A. Prior authorization in writing by City's Contract Administrator shall be required before
Consultant enters into any unbudgetedpurchase order,or subcontract exceeding$5,000
for supplies,equipment,or Consultant services.Consultant sha11 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 justi�ed 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.N�on-
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 a�d Professional Services Cont�act/T�HWA PGlg�i 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. INSUI2ANCE
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
Covera�e 12equired 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:
1. 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 sha11 contain the insurer's waiver of subrogation in favor of
City, its elected officials, officers, employees, agents and volunteers;
Consulting a�d Professional Services Cont�act/T�HWA S Clg�i 6
4. Professional Liability (Errors and Omissions) Tnsurance, 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 sha11 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:
1. 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 sha11 not contribute with it.
3. 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 sha11 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 sha11 furnish City with certi�cates of insurance and original endorsements
effecting the coverages required by this clause. Certificates and endorsements sha11 be
Consulting a�d Profes�ional Services Cont�act/T�HWA PGlg�i /
furnished to: Risk Management Department, City of Redding, '7"7"7 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. A11
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 Civi1 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 sha11 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. Consistentwith California Civil Code§2'782.8,when the services to be provided under
this Contract are design professional services to be performedby a design professional,
as that term is defined under Section 2'782.8, Consultant sha11, 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 a11 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 a11 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 a�d Professional Services Cont�act/T�HWA S Glg�i O
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 a11 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
excusedbecause ofthe Consultant's inability to evaluate liability.The Consultant sha11.
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,andholdharmless 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 incurredby 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, Califoi-nia. 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 sha11 be governed by California
law. If any claim, at law or otherwise, is made by either party to this Contract, the
prevailing party sha11 be entitled to its costs and reasonable attorneys' fees.
B. This document, including all e�iibits, 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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i 9
or after the execution of this Contract, sha11 affect or modify any of the terms or
conditions contained in this Contract, nor sha11 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 sha11 be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and sha11 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 sha11 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 Civi1 Code § 1654 that contracts are construed against the
drafter sha11 not apply.
G. Each of the Parties hereto hereby irrevocably waives any and a11 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 e�ibit or attachment hereto,the terms and conditions set forth in the
body of this Contract sha11 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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i 1�
I. Pursuant to the City's business license ordinance, Consultant sha11 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 sha11, 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, sha11 be
paid by Consultant. Consultant sha11 be responsible for any taxes or penalties assessed
by reason of any claims that Consultant is an employee of City. Consultant sha11 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 sha11 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 sha11 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 sha11 be provided with
a copy of this Contract and Consultant sha11 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 a11 actions
of its independent contractors and subcontractors,and sha11 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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i 1 1
SECTION 8. SURVIVAL
The provisions set forth in Sections 4, 5, 6, �.A, 7.D, �.G, �.L, 15, 18, 19, and 20 of this
Contract shall survive termination of the Contract.
SECTION 9. COIVIPL:IANCE WTTH LAWS -NONDISCRIMINATTON
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, sha11 constitute a certi�cation under
penalty of perjury under the laws of the State of California that Consultant has,unless
exempt, complied with, the nondiscrimination program requirements of Goverrnment
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
C. During the performance of this Contract, Consultant and its subconsultants sha11 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 sha11 comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 (a-� 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-�,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 fu11. 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-Tit1e 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 sha11,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 anyprogram
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 a�d Profes�ional Services Cont�act/T�HWA SGlg�i IG
equipment. The Consultant sha11 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. REPRESENTATTVES
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 (�
.A11 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. NOTTCES
A. All notices,requests, demands and other communications hereunder sha11 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. AUTI30RTTY TO CONTI2ACT
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 a�d Profes�ional Services Cont�act/T�HWA S Glg�i 1 J
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 fu11y 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 andlor 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.
SECTION 13. DISADVANTAGED BUSINESS ENTE12P12ISES :PARTICIPATION
A. This Contract is subject to 49 CFR, Part 26 entitled"Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs".
Consultant sha11 be guided by, and comply with,Exhibit 10-I of the Loca1 Assistance
Procedures Manual ("LAPM"), attached and incorporated herein.
B. Consultant must give consideration to DBE firms as specified in 23 CFR 1'72.5(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 D:BE 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(�. :Prior to requesting City's consent for the proposed
termination, Consultant must meet the procedural requirements specified in 29 CFR
26.53(�.
D. Consultant shall maintain records of materials purchased or supplied from all
subcontracts entered into with certified DBE's. The records sha11 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 a11 firms. DBE prime consultants sha11 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, "Fina1 Report-Utilization of Disadvantaged Business
Enterprise(DBE),First-Tier Subconsultants,"CEM-2402F(E�ibit 17-F,Chapter 1'7,
of the LAPM),certified correct by Consultant or Consultant's authorizedrepresentative
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"Fina1
Consulting a�d Profes�ional Services Cont�act/T�HWA S Glg�i 14
Report-LTtilization of Disadvantaged Business Enterprises (D:BE), 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 sha11 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 sha11 contain all of the
provisions of this Section.
SECTION 14. CONFLICTS OF INTEREST/UNLAWFUL CONSIDERATTON
A. Consultant,including its employees, agents,and subconsultants, sha11 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 fu11 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 proj ect,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 a11 of the provisions of this Section A through E.
Consulting a�d Professional Services Cont�act/T�HWA S Glg�i I S
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
af�liated 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 sha11 be eligible to bid on any construction contract, or
on any contract to provide construction inspection for any construction proj ect 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. RETENTI�ON OF R:ECORDS/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 sha11 maintain and
make available for inspection a11 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 sha11 make such materials
available at their respective offices at all reasonable times during the contract period
and for three years from the date of fmal 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 certifiedpublic accountants(C:PA)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 sha11 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, sha11 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 sha11 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 a�d Professional Services Cont�act/T�HWA S Glg�i 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 fu11 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 wi11
excuse Consultant from full and timely performance in accordance with the terms of
this Contract.
SECTION 17. SAFETI'
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 hardhats and safety vests
at al1 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 a11 of the requirements set forth in Divisions
11, 12, 13, 14, and 15 of the Vehicle Code. Consultant sha11 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, sha11 contain all of the
provisions of this Article.
Consulting a�d Professional Services Cont�act/T�HWA S Glg�i 1!
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 wi11 be necessary to transfer ownership to City.Consultant sha11 furnish City
a11 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-relatedproduct.If copyrights arepermitted,the City andthe FHWA sha11 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 a11 of the provisions of this Section.
SECTION 19. CLAI�MS FI�LED Bl' CITY'S CONSTRUCTI�ON 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 wi11 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 a�d Professional Services Cont�act/T�HWA S Glg�i 1 O
D. Any subcontract in excess of$25,000 entered into as a result of this contract shall
contain a11 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, sha11 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 sha11 contain a11 of the
provisions of this Section.
SECTION 21. NATTONAL LABOR R:ELATIONS BOAl2D 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.
SECTION 22. DE:BARMENT 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
Consulting a�d Professional Services Cont�act/T�HWA S Glg�i 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
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 of�cer 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 ar 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,Tit1e
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 a�d Professional Services Cont�act/T�HWA S Glg�i G�
C. Consultant also agrees by signing this document that he or she sha11 require that the
language of this certification be included in all lower-tier subcontracts,which exceed
$100,000, and that a11 such sub recipients sha11 certify and disclose accordingly.
SECTION 24. EFFECTIVE DATE OF CONTRACT
The effective date of this Contract sha11 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 app�ies,insert
the following as Section 24 and renumber accordingly:
SECTION 24. STATE PREVAI�LING WAGE RATES
A. Consultant shall comply with the State of California's General Prevailing Wage
Rate requirements in accordance with California Labor Code, Section 1'7'70, and all
Federal, State, and 1oca11aws 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, sha11 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 (DTR) as outlined in the applicable
Prevailing Wage Determination. See http:l/www.dir.ca.�ov.
Consulting a�d Profes�ional Services Cont�act/T�HWA S Glg�i G 1
IN WTTNESS WHEREOF, City and Consultant have executed this Contract on the days and
year set forth below:
CI�TY OF 12EDDING,
A Municipal Corporation
Dated: , 20
By:
ATTEST: APPROVED AS TO F'ORM:
BARRY E. DeWALT
City Attorney
PAMELA MIZE, City Clerk By:
CONSULTANT
Dated: , 20
By:
Department of Industrial Relations No.:
Tax ID No.:
Attachments:
Exhibit A (Scope of Work)
Exhibit B (Cost Proposal)
Exhibit C (Federal Provisions)
Exhibit 10-I(Notice to Proposers DBE Information)
Consulting a�d Profes�ional Services Cont�act/T�HWA S Glg�i GG
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
\:�........,.. �������`'�:
EXHIBIT 10-H1 COST PROPOSAL Page t of3 � ~���;
COST-PLUS-FIXED FEF.OR LUMP SUM�F2 FIRM FIXED PRICE CONTRACTS
(DESIGN,ENGINF,�RING AND ENVIRONMENTAL STUDIES�
N�te:Mark-ups are Not Al�owed ❑ Prime Consultant ❑ Subconsultant ❑ 2°`�Tier Subconsultant
Consultant
Project No. Contract No. Date
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
$0.00
$0.00
$0.00
$0.00
LABOR COSTS
a) Subtotal Dircct Labor Costs $0.00
b) Anticipatcd Salary Incrcascs(sec pagc 2 for calculaYion)
�)TOTaL�ixECT Lasox cosTs ��a>+ro�� �o.00
INDIRECT COSTS
d) Fringe Bcncfits(Ratc: 0.00% ) c)Totai Fringe Bcncfits [(c)x(d)] $0,00
� Ovcrhead(Rate: 0.00% ) g)Overhead[(c)x(�] $0.00
h) Gcneral and AdminisYrativc(Rate: 0.00% ) i)Gen&Adinin[(c)x(h)] $0.00
��TOTaL Ilv�l�cT cosTs ��e�+���+�1�� �o.00
FIXED FEE k)TOTAL FIXED FEE [(e)+(j)]x fixed fee 0.00% ] $0.00
1)CONSULTANT'S OTflER DIRECT COSTS(ODC)—ITEMIZE(Add additional pages if necessary)
Descri tion of Item Quantit Unit Unit Cost Total
Mileage Costs $0.00
Equiament Rental and Suaalies $0.00
Permit Fees $0.00
Plan Sheets $0.00
Test $ 0.00
1)TOTAL OTHER DIRECT COSTS p_pp
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)] �p_pp
TOTaL cosT ����+��+�k�+�n�� $o.00
NOTES:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requireinents inust be marked
with two asterisks(**).A11 costs must coinply with the Federal cost principles. Subeonsultants will provide their own cost proposals.
2. The cost proposal fonnat sha11 not be amended.Indirect cost rates sha11 be updated on an annual basis in accordance with t11e
consultant's annual accounting period and established by a cognizant agency ar accepted by Caltrans.
3. Anticipated salary increases calculation(page 2)must accompany.
Page 1 of 9
January 2020
�ocal Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT'��-H� �:C7STPRC7PC7SA� Page2of3
-COST-P�US-FIXED FEE OR LUMP SUM�(�FIRM FIXED PRICE CONTRACTS
(CA�CULATIONS FOR ANTICIPATED SA�ARY INCREASES)
1. Calculate Average Nourly Rate for 1st year of th�contract{Direct Labor Subtotal divided by total hours)
Direct�abor Total Hours per Rvg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,d00.00 50Q = $5Q.00 Year 1 Avg
Hourly Rate
2. Calculate hou�ly rate for all years {Mcrease the Average Hourly Rat�e for a year by proposed escalation %j
Rvg Hourly Rate Proposed Escalation
Year 1 $5Q 00 + 2°lo = $51 QQ Year 2 Avg Houriy Rate
Year 2 $51.QQ + 2°10 = $52.02 Year 3 Rvg Houriy Rate
Year 3 $52 02 + 2°l0 = $53.C� Year 4 Avg Houriy Rate
Year 4 $53.06 + - 2°lo = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year{Multiply estimate%each year by totai hours)
Estimated °lo Campleted Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 2Q.0% ='� SQdQ = 1 Q00 Estimated HoursYear 1
Year 2 40.0°l0 �` 500Q = 2000 Estimated Hours Year 2
Year 3 15.0°l0 `�` 500Q = 75Q Estimated Hours Year 3
Year 4 15.0°l0 �` 500Q = 75Q Estimated Hours Year 4
Year 5 1 Q,0°lo '" 500Q = 5QQ ' Estimated Hours Year 5
Totai 100°/o Total = SQQQ
4: Calculate Total Cos1c inciuding Escalation {Multiply Averag� Hourly Rate by the number of hours)
Avg Nourly Rate Estimated hours Cosf per
(calculated above} (calculated above} Year
Year 1 $5Q.00 * 10QQ = $5Q,OdQ.QQ Estimated Hours Year 1
Year 2 $51.QQ �` 2d00 = $102,QOQ.QQ Estimated Hours Year 2
Year 3 $52.02 �' 75Q = $39,015.OQ Estimated Hours Year 3
Year 4 $53.06 ' 75Q = $39,795.3Q Estimated Hours Year 4
Year 5 $54.12 "`" 5QQ = $27,06Q.8Q Estimated Nours Year 5
Total �irect�abor Cost with Escalation = $257,871.1 Q
�irect Labor Subtotal before Escalation = $250,Q00.00
Estimated total of�irect Labor Salary = Transfer to Page 1
Increase $7,871.10
NOTES'
1. This is not the onlyway to estimatesalary increases: Other metnodswill be accepted iftheycleariyindicatethe%
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 noY
acceptable.
(i.e. $25Q,QQQ x 2°!o x 5 yrs=$25;QQQ is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cast proposal before salary increases are granted
4. Calculations for anticipated salary escalation must be provided.
� Page 2 of 9
January 2020