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CITY OF MODESTO COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT ENGINEERING DESIGN DIVISION

REQUEST FOR PROPOSAL (RFP) TRANSPORTATION ENGINEERING SERVICES FOR FEDERAL PROJECT CML 5059 (199) STATE ROUTE 132 (D STREET – 14TH STREET) INTERSECTION IMPROVEMENTS MODESTO, CALIFORNIA October 1, 2014

Community and Economic Development Department Engineering Design Division City of Modesto

REQUEST FOR PROPSAL TRANSPORTATION ENGINEERING SERVICES FOR FEDERAL PROJECT CML 5059 (199) STATE ROUTE 132 (D STREET – 14TH STREET) INTERSECTION IMPROVEMENTS

NOTICE IS HEREBY GIVEN that PROPOSALS will be received by the City of Modesto, ATTN: Robert Davalos, P.E., Associate Civil Engineer, Engineering Design Division, P.O. Box 642, Modesto CA 95353 until 2:00 p.m., PST on October 31st, 2014 for Transportation Engineering Services. Questions or comments concerning this RFP should be directed to: Robert Davalos, P.E. Associate Civil Engineer Engineering Design Division P. O. Box 642 Modesto CA 95353 (209) 577-5253 (209) 571-5575 FAX [email protected]

Thank you for your interest in this work.

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 2 of 13

INSTRUCTIONS

A. INTRODUCTION The City of Modesto invites you to submit a written proposal to provide Transportation Engineering services for Federal Aid Project CML 5059 (199) State Route 132 (D Street – 14th Street) Intersection Improvement project in the Community and Economic Development Department, Engineering Design Division as set forth in the Scope of Work. The City of Modesto proposes widening and improving the geometrics to current State of California Department of Transportation Standards. The traffic flow at this intersection will be improved with the upgrade of this intersection. The purpose of the project is to improve traffic flow for traffic traveling south on State Route 132. The project begins at post mile 15.34 on State Route 132. Starting on D Street approximately 715 feet west of the D Street/14th Street intersection and ending on Yosemite Boulevard approximately 570 feet east of the D Street/14th Street Intersection. The length of the project is approximately 1,285 feet. The project intends to realign State Route 132/14th Street intersection by eliminating the existing Westbound D Street left/through lane movement and replacing it with a right in/right out configuration. In addition, eastbound D Street to southbound Yosemite Boulevard will increase from one lane to two, thus improving southbound traffic flow. B. PURPOSE OF THE REQUEST FOR PROPOSAL (RFP) The City of Modesto Community & Economic Development Department (CITY) is soliciting requests for proposals for Transportation Engineering services, which consists of a traffic impact study that will include a technical analysis report. The requested services will be for federally funded project CML 5059 (199) State Route 132 (D Street – 14th Street) Intersection Improvement project. At this stage, of the project, the City is in the Preliminary Engineering/Environmental Phase. The City of Modesto has recently obtained a signed Preliminary Environmental Study (PES). As a result of the PES, several studies which range from Traffic, Noise, Air Quality and Archaeological will be required to be submitted for review and approval by Caltrans District 10 Environmental Staff. In order for the City to obtain NEPA clearance; all the required studies must be complete. As outlined in the PES, Caltrans is requesting a traffic impact study that also includes a technical analysis report which is to be submitted and approved by Caltrans District 10 Traffic Operations Staff. In addition, Caltrans has requested that the City of Modesto perform an Intersection Control Evaluation (ICE) comparing the City’s proposed project versus the potential of a roundabout being installed at the intersection.

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 3 of 13

Therefore, the purpose of this Request for Proposal (RFP) is to select a consultant to assist the City with Transportation Engineering services. The result of this RFP process will be to select a qualified consultant to contract with the City to perform the requested services. The City of Modesto requests that responses to the RFP be provided in a format as described below: Section 1 – Cover Letter Section 2 – Project Team and Experience Section 3 – Management Approach Section 4 – Expedited Project Schedule Section 5 – Estimated Level of Effort Section 6 – Resumes Section 7 – Exhibit 10-P Non-Lobbying Certification for Federal Aid Contracts Section 8 – Proposed Compensation Transportation Engineering Services (separate sealed envelope) C. SCOPE OF SERVICES The CONSULTANT as outlined in this Request for Proposal shall furnish a traffic impact study to the satisfaction of Caltrans District 10 Operations Staff to meet the requirements of the Preliminary Environmental Study. The traffic impact report shall be stamped and signed by a qualified professional who is capable of performing the required Transportation Engineering Services. CONSULTANT shall perform an Intersection Control Evaluation (Signal vs Roundabout) based on Caltrans requirements. CONSULTANT shall review the proposed layouts (Signal, Roundabout) and make design recommendations to comply with City of Modesto, Caltrans standards and specifications. CONSULTANT personnel shall comply with all applicable local, state and federal regulations. CONSULTANT personnel shall cooperate and consult with the CITY and Caltrans through the duration of the agreement. All services required hereunder shall be performed in accordance with California Department of Transportation guidelines, regulations, policies, procedures, manuals and standards. D. DUTIES AND RESPONSIBILITIES TASK 1 TRAFFIC IMPACT STUDY RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 4 of 13

A.

B. C.

Traffic Impact Study shall include a Technical Analysis Report with the following: 1. Level of Service (LOS), Queue and Delay Calculation Reports 2. Traffic Simulation Analysis Results i. Results to be based on SimTraffic with 5 multiple runs 3. Left-turn and right-turn storages 4. Intersection Control Evaluation (ICE), Signal vs Roundabout Traffic Analysis shall use current traffic volumes to determine existing conditions Revise the Traffic Impact Study based on comments made by Caltrans District 10 Operations Staff one time.

TRAFFIC STUDY SCENARIOS A. B.

Traffic analysis shall use the most current volumes to determine existing conditions. The analysis shall identify the impacts under the following scenarios: 1. Existing conditions – Current traffic volumes and roadway conditions. 2. Baseline conditions – Signalization of the intersection of Yosemite Boulevard and 14th/D Street with traffic volume adjustments expected due to the signal modification. 3. Baseline conditions plus additional intersections – Identical to Baseline Conditions, but with traffic added due to signal upgrades at 9th/D Intersection & Yosemite/S. Morton Boulevard. 4. Project forecast year (20 Year Design).

LEVEL OF SERVICE METHODOLOGY A. B. C.

D.

E.

Utilize the most current Highway Capacity Manual to compute intersection and mainline peak hour Level of Service. Mainline computations will be made using the Highway Capacity Software (HCS 2010) published by TRB. Intersection computations made using Snychro/Sim Traffic Version 8.0 or newer for traffic signals and SIDRA 6.2 or newer for roundabout analysis. 1. Provide the following information to Caltrans & City of Modesto for review: i. Synchro/Sim Traffic model files as well as the output files ii. SIDRA 6.2 files as well as the output files Project specific and cumulative traffic impacts on State Route 132 will be based on the most current Caltrans threshold and the improvements required to mitigate the impacts shall be outlined. Intersection analysis shall include but not be limited to the following: 1. Level of Service (LOS)

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 5 of 13

2. 95th percentile queue 3. Delay and Left-turn/right-turn lane storage TASK 2 DATA COLLECTION A.

Collect existing traffic counts AM and PM peak hour volumes including all turning movements at the following intersections: 1. 2. 3. 4. 5. 6. 7. 8. 9.

D Street/14th Street/Yosemite Boulevard D Street/13th Street D Street/12th Street D Street/11th Street D Street/10th Street D Street/9th Street 15th Street/Burney Street/Jennie Street Yosemite Boulevard/Groveland Street Yosemite Boulevard/South Morton Boulevard

B.

Collect pedestrian and classification counts (trucks and buses) at adjacent signalized intersections along State Route 132 that are impacted by the proposed signal modification project.

C.

Provide intersection geometric layouts including lane assignments (sketched diagrams)

D.

Traffic count information to be provided in Microsoft Excel format.

TASK 3 SIGNAL TIMING PHASING A.

Determine existing and future optimum cycle length and signal timing plans at the following intersections: 1. 2. 3. 4. 5. 6.

D Street/14th Street/Yosemite Boulevard D Street/11th Street D Street/10th Street D Street/9th Street Yosemite Boulevard/South Morton Boulevard Yosemite Boulevard/Santa Rosa Avenue

TASK 4 PROJECT COORDINATION (MEETINGS) A.

Coordination with the following as needed:

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 6 of 13

1. City of Modesto Staff i. Attend Project Start-Up Meeting (Maximum 4 hours) 2. Attend additional project coordination meeting with the following as required by City of Modesto Staff: (Maximum 6 hours): i. Caltrans District 10 Operations Staff TASK 5 ADDITIONAL TRANSPORTATION SERVICES A. B.

C. D.

Apply for and obtain Caltrans Encroachment Permit, if required to perform required duties. Complete additional traffic counts not outlined in Section D of this Request for Proposal as required by Caltrans District 10 Operations Staff, not to exceed 2 intersections. Review City of Modesto’s Horizontal Signalized Layout and make design recommendations as a result of Traffic Impact Study. (1 Page Memo) Review City of Modesto’s Horizontal Roundabout Layout and make design recommendations as a result of Traffic Impact Study. ( I Page Memo)

RESOURCES A.

The City of Modesto Staff to provide the following: 1. CAD Drawing of Horizontal Signalized Layout 2. CAD Drawing of Horizontal Roundabout Layout 3. Alternative Evaluation Comparison Worksheet

E. PROPOSAL ELEMENTS Proposal Deadline Note: The time and date of closing will be strictly observed. Proposals will be received by the City of Modesto, ATTN: Robert Davalos, P.E., Associate Civil Engineer, Engineering Design Division, P. O. Box 642, Modesto CA 95353 until 2:00 p.m., PST, on October 31st, 2014, for Transportation Engineering services. Each Proposal shall incorporate and include the following sections: 1. Presentation The Request for Proposal must be typed not less than 11.5 fonts and submitted on a single sided 8 ½” x 11” size paper. Consultants should not include any RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 7 of 13

unnecessary elaborate or promotional material. Lengthy narrative is discouraged and presentation should be brief and concise. 2. Cover Letter (2 Pages Maximum) The Cover Letter must be addressed to Robert Davalos, P.E., Associate Civil Engineer and must at a minimum, contain the following: 

Identification of Consultant, including name, telephone number and address



An understanding of what is being requested from the City of Modesto.



Signature of a person authorized to bind Consultant to the terms of future project specific proposals.



Indication as to any working relationship between Consultant and subconsultants, if applicable.

3. Project Team and Company Experience (5 Pages Maximum) This section must contain the following: 

Indication of years’ experience the Consultants firm has been providing transportation engineering related services.



Consultants experience with projects for the past five years involving traffic impact studies, traffic analysis reports and/or similar type work. Identify scope of work, location, client, complexity and each team member’s involvement with the project.



Experience in Federal and State Funded Capital Improvement Projects.



History of repeat business with the City of Modesto in the past five years. Identify scope of work, complexity and each team member’s involvement with the project.



This section should include the size of the organization and a list of the consultant’s team leader and team, which the Proposer anticipates assigning to this project. This list shall include a summary of the qualifications, licenses, and experience of each individual, the type of work to be performed and availability of each individual.

4. Management Approach (3 Pages Maximum) This section must contain the following: 

Show an organization chart delineating relationship, communication and reporting within the Consultants office as well as the City and any other agencies.

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 8 of 13



Demonstrate Consultants method for project quality control, budgeting, time management and scheduling.

5. Expedited Project Schedule (2 Pages Maximum) The consultant shall provide a proposed expedited schedule for all services necessary to complete the project. Make sure to specify the major tasks, the expected time to complete each task and the interdependency of the tasks. 6. Estimated Level of Effort (2 Pages Maximum) The consultant shall provide an estimate of staff time, by task presented in the project schedule. This section will not include any estimate of costs. 7. Resumes (10 Pages Maximum) This section should provide expanded resumes of active principals and staff, including all State Certifications and/or professional licenses, highest level of education, and detailed work experience which the Proposer anticipates assigning to this project. 8. Exhibit 10-P Non-Lobbying Certification for Federal-Aid Contracts (1 Page) This Local Assistance Procedure Manual Form is required to be attached to all bids that are utilizing federal funds to select a consultant. The proposer should read, sign, date the form and attach with his/her bid. 9. Proposed Compensation The consultant shall provide the lump sum cost to be charged to the City by task as outlined in this RFP and a total proposed project cost. The consultant shall place their costs on Attachment A: PROPOSED COMPENATION TRANSPORTATION ENGINEERING SERVICES. The cost proposal shall also include the overall multiplier, direct labor costs and expenses including travel and high-end computer use. This section should also provide basic chargeable rates for the firm, particularly those principals and staff listed in Section #3 Project Team and Company Experience. Proposed compensation for Transportation Engineering Services shall be provided in a separate sealed envelope. The City of Modesto has established a DBE goal; Exhibit 10-O1 Consultant Proposal DBE Commitment must be included with the proposed compensation package and submitted in the sealed envelope. The purpose of Exhibit 10-O1 is to demonstrate the proposer’s commitment to meet the DBE goal set by the City of RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 9 of 13

Modesto. Further information can be found in Section I DISADVANTAGE BUSINESS ENTERPRISE (DBE) PARTCIPATION. F. SUBMISSION OF PROPOSAL The Proposer’s sealed proposal must be in the format outlined in this RFP and mailed or delivered pursuant to the following requirements. The outside sealed envelope shall have the following information placed on the outside: Name and Address of Proposer Title of RFP – “TRANSPORTATION ENGINEERING SERVICES FOR FEDERAL PROJECT CML 5059 (199) STATE ROUTE 132 (D STREET – 14TH STREET) INTERSECTION IMPROVEMENTS” Closing Date and Time Mail, deliver or hand-carry sealed proposals to: Robert Davalos, P.E. Associate Civil Engineer City of Modesto Engineering Design Division P. O. Box 642 1010 Tenth Street, Ste. 3100 Modesto CA 95353 (Certified Mail is recommended if mailed) The City of Modesto shall not be responsible for the failure of mailed submissions to actually be received by October 31st, 2014 @ 2:00 p.m. (local time). No other methods of delivery will be accepted, including but not limited to telephone, facsimile, electronic Number of Copies Submit one (1) original and three (3) copies (total of 4) of your Proposal. Offer Modification or Withdrawal Submissions may be modified or withdrawn by written notice provided that such notice is received prior to the hour and date specified for receipt of qualifications.

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 10 of 13

G. COST OF PREPARATION OF QUALIFICATIONS The City of Modesto will evaluate all proposals submitted: however this Request for Proposal does not commit the City to approve an agreement, to pay for any costs incurred in preparation or presentation of a Proposal, or to procure an agreement for services. All such costs incurred shall be borne by the submitter. H. FIRM LOCATION The funding source for project CML 5059 (199) STATE ROUTE 132 (D STREET – 14TH STREET) INTERSECTION IMPROVEMENTS prohibits local firms from being given priority when being considered for a contract with the city. The location of any subconsultant firms proposed by the consultant will also be considered when applying this policy. I. DISADVANTAGE BUSINESS ENTERPRISE (DBE) PARTICIPATION The City of Modesto has established a DBE goal for this Contract of 15.00%. Since, the City of Modesto has established a DBE goal; Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the proposal package (See Attached) by each (prime consultant) proposer. The purpose of Exhibit 10-O1 is to demonstrate the proposer’s commitment to meet the DBE goal set by the City of Modesto. Exhibit 10-O2 Consultant Contract DBE Information of the Local Assistance Procedure Manual must be completed and included in the award package. The purpose of this form is to capture DBE participation in accordance with 49 CFR, Part 26. This form must include the names, addresses and phone numbers of DBE firms that will participate with a complete description of work or supplies to be provided by each and the dollar value of each DBE transaction. When 100% of a sub-contracted item of work is not to be performed or furnished by the DBE firm, a description of the exact portion of work to be performed or furnished by that DBE must be included in the DBE commitment, including the planned location of that work. A proposer certified as a DBE firm must describe the work it has committed to be performed with its own forces, as well as any other work that it has committed to be performed by the DBE sub-consultant, suppliers and trucking companies. The winning proposer must provide written confirmation from each DBE firm participating in the contract. A copy of a DBE’s quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the proposer must submit a copy of the joint venture agreement. J. RFP SCHEDULE The following provides general RFP information and dates associated with this solicitation. The City of Modesto reserves the right to change the dates listed. Changes in RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 11 of 13

the schedule of events will be provided to participating Proposers in the form of an Addendum. Date

Event

10/1/14

Community and Economic Development Engineering Design Division Issues RFP

10/31/14 @ 2:00 p.m.

RFP’s Due

11/3/14 – 11/7/14

Evaluation of Proposal’s Submitted

11/10/14

Inform Selected Consultant and begin negotiations

Department



K. SELECTION CONSIDERATIONS The following criteria will be used to evaluate each consultants Proposal:      

Presentation (10%) Cover Letter (10%) Management Approach (20%) Company Experience (25%) Expedited Project Schedule (20%) Estimated Level of Effort (15%)

The successful consultant will be required to provide proof of insurance. A description of the types of coverage and dollar amounts required will be discussed during the negotiation phase. The selected consultant will also be required to submit a completed and signed Financial Interest Disclosure Form, Form 700 prior to the agreement being approved and will have a current City of Modesto business license. L. SELECTION PROCESS: 1. The submittal date is 2:00 p.m. Friday, October 31, 2014. A list of all firms receiving the RFP is available on request. 2. The City will evaluate the proposals by a group of City of Modesto Staff Engineering Design and will notify the consultant that was judged most qualified for the scope of work. 3. Those firms that are not selected will be informed in writing whether they were selected or not. 4. The City will open the sealed cost proposal with the most qualified and begin negotiations to enter an agreement for consultant services with the City of Modesto. In the event that an agreement for consultant services cannot be reached with the RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 12 of 13

first consultant selected, the City will begin negotiations with the firm that is judged the next most qualified, and so forth. 5. If an agreement is reached, the City’s Standard Agreement for Consultant Services shall be sent to the successful consultant for the consultant’s signature. 6. The City of Modesto will sign the agreement and provide a copy to the successful consultant. 7. Written authorization from the City of Modesto will then be sent to the successful consultant prior to commencement of services. M. CONFLICT OF INTEREST The City’s Conflict of Interest Code requires that consultants file a Statement of Economic Interests, when the consultant provides information, advice, recommendations or counsel to the City. Before the City enters into a contract for services with the selected firm, the firm will be required to report economic interest on the following: 1. 2. 3. 4.

Real Property Interest (geographically limited) Sources of Income Business Positions Business Investments

RFP – Transportation Engineering Services CML 5059 (199) Community & Economic Development Department – Engineering Design Division Page 13 of 13

ATTACHMENT A: PROPOSED COMPENSATION TRANSPORTATION ENGINEERING SERVICES PROJECT NAME:

CML 5059 (199) STATE ROUTE 132 (D STREET – 14TH STREET) INTERSECTION IMPROVEMENTS

PROJECT LOCATION:

Intersection of Yosemite Boulevard (Highway 132), D Street & 14th Street.

PROJECT DESCRIPTION:

The project proposes widening and improving the geometrics to the current California State Route 132 intersection at D Street & 14th Street.

TASK 1 TRAFFIC IMPACT STUDY A.

B. C.

Traffic Impact Study shall include a Technical Analysis Report with the following: a. Level of Service (LOS), Queue and Delay Calculation Reports b. Traffic Simulation Analysis Results i. Results to be based on SimTraffic with 5 multiple runs c. Left-turn and right-turn storages d. Intersection Control Evaluation (ICE), Signal vs Roundabout Traffic Analysis shall use current traffic volumes to determine existing conditions Revise the Traffic Impact Study based on comments made by Caltrans District 10 Operations Staff one time.

TRAFFIC STUDY SCENARIOS A. B.

Traffic analysis shall use the most current volumes to determine existing conditions. The analysis shall identify the impacts under the following scenarios: 1. Existing conditions – Current traffic volumes and roadway conditions. 2. Baseline conditions – Signalization of the intersection of Yosemite Boulevard and 14th/D Street with traffic volume adjustments expected due to the signal modification. 3. Baseline conditions plus additional intersections – Identical to Baseline Conditions, but with traffic added due to signal upgrades at 9th/D Intersection & Yosemite/S. Morton Boulevard. 4. Project forecast year (20 Year Design).

LEVEL OF SERVICE METHODOLOGY A. B. C.

Utilize the most current Highway Capacity Manual to compute intersection and mainline peak hour Level of Service. Mainline computations will be made using the Highway Capacity Software (HCS 2010) published by TRB. Intersection computations made using Snychro/Sim Traffic Version 8.0 or newer for traffic signals and SIDRA 6.2 or newer for roundabout analysis. 1

September 2014 Transportation Engineering Services CML 5059 (199) State Route 132 (D Street – 14th Street) Intersection Improvements

ATTACHMENT A: PROPOSED COMPENSATION TRANSPORTATION ENGINEERING SERVICES

D.

E.

1. Provide the following information to Caltrans & City of Modesto for review: i. Synchro/Sim Traffic model files as well as the output files ii. SIDRA 6.2 files as well as the output files Project specific and cumulative traffic impacts on State Route 132 will be based on the most current Caltrans threshold and the improvements required to mitigate the impacts shall be outlined. Intersection analysis shall include but not be limited to the following: 1. Level of Service (LOS) 2. 95th percentile queue 3. Delay and Left-turn/right-turn lane storage Lump Sum Cost: $_____________

TASK 2 DATA COLLECTION A.

Collect existing traffic counts AM and PM peak hour volumes including all turning movements at the following intersections: 1. 2. 3. 4. 5. 6. 7. 8. 9.

D Street/14th Street/Yosemite Boulevard D Street/13th Street D Street/12th Street D Street/11th Street D Street/10th Street D Street/9th Street 15th Street/Burney Street/Jennie Street Yosemite Boulevard/Groveland Street Yosemite Boulevard/South Morton Boulevard

B.

Collect pedestrian and classification counts (trucks and buses) at adjacent signalized intersections along State Route 132 that are impacted by the proposed signal modification project.

C.

Provide intersection geometric layouts including lane assignments (sketched diagrams)

D.

Traffic count information to be provided in Microsoft Excel format. Lump Sum Cost: $______________

TASK 3 SIGNAL TIMING PHASING A.

Determine existing and future optimum cycle length and signal timing plans at the following intersections: 1. D Street/14th Street/Yosemite Boulevard 2

September 2014 Transportation Engineering Services CML 5059 (199) State Route 132 (D Street – 14th Street) Intersection Improvements

ATTACHMENT A: PROPOSED COMPENSATION TRANSPORTATION ENGINEERING SERVICES 2. 3. 4. 5. 6.

D Street/11th Street D Street/10th Street D Street/9th Street Yosemite Boulevard/South Morton Boulevard Yosemite Boulevard/Santa Rosa Avenue Lump Sum Cost: $______________

TASK 4 PROJECT COORDINATION (MEETINGS) A.

Coordination with the following as needed: 1. City of Modesto Staff i. Attend Project Start-Up Meeting (Maximum 4 hours) 2. Attend additional project coordination meeting with the following as required by City of Modesto Staff: (Maximum 6 hours): i. Caltrans District 10 Operations Staff Lump Sum Cost: $______________

TASK 5 ADDITIONAL TRANSPORTATION SERVICES A. B.

C. D.

Apply for and obtain Caltrans Encroachment Permit, if required to perform required duties. Complete additional traffic counts not outlined in Section D of this Request for Proposal as required by Caltrans District 10 Operations Staff, not to exceed 2 intersections. Review City of Modesto’s Horizontal Signalized Layout and give design recommendations as a result of Traffic Impact Study. ( 1 Page Memo) Review City of Modesto’s Horizontal Roundabout Layout and give design recommendations as a result of Traffic Impact Study. (1 Page Memo)

Lump Sum Cost: $______________

TOTAL PROJECT COST: $______________

3 September 2014 Transportation Engineering Services CML 5059 (199) State Route 132 (D Street – 14th Street) Intersection Improvements

Local Assistance Procedures Manual

EXHBIT 10-I Notice to Proposers DBE Information

EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION

The City of Modesto has established a DBE goal for this Contract of 15.00%

1. TERMS AS USED IN THIS DOCUMENT 

The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.



The term “Agreement” also means “Contract.”



Agency also means the local entity entering into this contract with the Contractor or Consultant.



The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY A.

DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B.

Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following: A.

A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B.

A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

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EXHBIT 10-I Notice to Proposers DBE Information

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D.

A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E.

A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5.

RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B.

Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/. 1. Click on the link in the left menu titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6.

MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk

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Local Assistance Procedures Manual

EXHBIT 10-I Notice to Proposers DBE Information

items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

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Local Assistance Procedures Manual

EXHIBIT 10-O1 Consultant Proposal DBE Commitment

EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT (Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)

Consultant to Complete this Section 1. Local Agency Name: ________________________________________________________________________________________ 2. Project Location: ___________________________________________________________________________________________ 3. Project Description: _________________________________________________________________________________________ 4. Consultant Name: __________________________________________________________________________________________ 5. Contract DBE Goal %: ________________

DBE Commitment Information 6. Description of Services to be Provided

7. DBE Firm Contact Information

Local Agency to Complete this Section

9. DBE %

8. DBE Cert. Number

10. Total % Claimed

___________ % 16. Local Agency Contract Number: ________________________________________________

17. Federal-aid Project Number: ___________________________________________________

18. Proposed Contract Execution Date: ________________________

________________________________ Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate:

11. Preparer’s Signature

________________________________ _____________________________________________________________________________ 19. Local Agency Representative Name (Print)

12. Preparer’s Name (Print)

________________________________ ___________________________________________________ 20. Local Agency Representative Signature

________________________ 21. Date

13. Preparer’s Title

____________ ___________________ 14. Date ___________________________________________________ 22. Local Agency Representative Title

Distribution:

LPP 13-01

15. (Area Code) Tel. No.

________________________ 23. (Area Code) Tel. No.

(1) Original – Consultant submits to local agency with proposal (2) Copy – Local Agency files

Page 1 of 2 May 8, 2013

Local Assistance Procedures Manual

EXHIBIT 10-O1 Consultant Proposal DBE Commitment

INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT Consultant Section The Consultant shall: 1. Local Agency Name – Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location 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. Consultant Name - Enter the consultant’s firm name. 5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I Notice to Proposers DBE Information form. See LAPM Chapter 10. 6. Description of Services to be Provided - Enter item of work description of services 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. 7. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and telephone number, if the prime is a DBE. 8. DBE Cert. Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 9. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 10. Total % Claimed – Enter the total DBE participation claimed. If the Total % Claimed is less than item “6. Contract DBE Goal”, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 11. Preparer’s Signature – The person completing this section of the form for the consultant’s firm must sign their name. 12. Preparer’s Name (Print) – Clearly enter the name of the person signing this section of the form for the consultant. 13. Preparer’s Title - Enter the position/title of the person signing this section of the form for the consultant. 14. Date - Enter the date this section of the form is signed by the preparer. 15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant.

Local Agency Section: The Local Agency representative shall: 16. Local Agency Contract Number - Enter the Local Agency Contract Number. 17. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 18. Contract Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23. 19. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 20. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title - Enter the position/title of the person signing this section of the form. 23. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the form.

LPP 13-01

Page 2 of 2 May 8, 2013

Local Assistance Procedures Manual

EXHIBIT 10-P Nonlobbying Certification for Federal-aid Contracts

EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

OB 12-03

Page 1 June 20, 2012

ATTACHMENT B

PROJECT STUDY MAP

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ATTACHMENT C

PRELIMINARY NOT FOR CONSTRUCTION

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EXISTING PROJECT FOOTPRINT MAP

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PRELIMINARY NOT FOR CONSTRUCTION

ATTACHMENT D

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PROPOSED PROJECT FOOTPRINT MAP

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PRELIMINARY NOT FOR CONSTRUCTION

ATTACHMENT E

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PROPOSED ROUNDABOUT FOOTPRINT MAP

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Intersection Control Evaluation Comparison CRITERIA

STOP CONTROL

1. Project Cost 2. Meet the Purpose and Need 3. Meet Driver Expectation 4. Reduce Accident Severity 5. Improve Pedestrian Safety 6. Improve Bicyclist Safety 7. Improve Level of Service 8. Minimize Queue 9. Vehicle Hours Traveled (VHT) 10. Vehicle Hours of Delay (VHD) 11. Create Gap in Traffic (for driveway access) 12. Accommodate STAA Trucks 13. Minimize Right of Way Impacts 14. Reduce Emission 15. Minimize Environmental Impacts 16. Accommodate Access to Surrounding Properties 17. Provide Aesthetic Opportunities 18. Reduce Maintenance Costs 19. Received Public/Stakeholder Support 20. Reduce Fuel Consumption TOTAL POINTS POINTS LEGEND 5‐ Best addresses criteria 3‐ Somewhat addresses criteria 1‐ Least addresses criteria 0‐ Fatal flaw

ATTACHMENT F

YIELD CONTROL (ROUNDABOUT)

TRAFFIC SIGNAL

ATTACHMENT G

STANDARD AGREEMENT FOR CONSULTANT SERVICES FOR THE FEDERAL AID PROJECT CML 5059 (199) STATE ROUTE 132 (14TH STREET – D STREET) INTERSECTION IMPROVEMENTS

ARTICLE 1.

INTRODUCTION A.

THIS Agreement, made and entered into in the City of Modesto,

State of California, this ____ day of ______________, 20____, (“Effective Date”) by and between following named, hereinafter referred to as, CONSULTANT, and the following named, hereinafter referred to as, CITY: The “CONSULTANT” is as follows: Name: Company Incorporated in the State of California Address: 1234 Street, Suite xxx City, STATE XXXX ____________________________________ Project Manager: NAME

The “CITY” is as follows: Name: Address: Project Manager: B.

City of Modesto A municipal corporation of the State of CA P.O. Box 642 Modesto, CA 95353 Name

The work to be performed under this Agreement is known as the

FEDERAL AID PROJECT CML 5059 (199) STATE ROUTE 132 (14TH STREET – D STREET) INTERSECTION IMPROVEMENTS located at D STREET & 14TH STREET INTERSECTION for the purpose of new road geometrics and as described in Article II entitled Statement of Work and the approved CONSULTANT’s Cost Proposal dated Month xx, 201X. The approved CONSULTANT’S Cost Proposal is 1 LAPM Archaeological Consultant Agreement

CML 5059 (199)

attached hereto (Attachment 1) and incorporated by reference. If there is any conflict between the approved CONSULTANT’s Cost Proposal and this Agreement, this Agreement shall take precedence. C.

All inquiries during the term of this Agreement will be directed to

the project representatives identified below: City Contract Administrator: Name: Phone: Email: Consultant Contract Administrator: Name: Phone:(xxx) xxx-xxxx Email: D.

The CONSULTANT agrees to indemnify and hold harmless the

CITY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of the CONSULTANT. The CONSULTANT will reimburse the CITY for any expenditure, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of the CONSULTANT. E.

The CONSULTANT and the agents and employees of the

CONSULTANT, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the CITY. F.

The CITY may terminate this Agreement with the CONSULTANT

should the CONSULTANT fail to perform the covenants herein contained at the time and

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in the manner herein provided. In the event of such termination, the CITY may proceed with the work in any manner deemed proper by the CITY. If the CITY terminates this Agreement with the CONSULTANT, the CITY shall pay the CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the CITY exceeds the funds remaining in the Agreement. In which case the overage shall be deducted from any sum due the CONSULTANT under this Agreement and the balance, if any, shall be paid the CONSULTANT upon demand. G.

Without the written consent of the CITY, this Agreement is not

assignable by the CONSULTANT either in whole or in part. H.

No alteration or variation of the terms of this Agreement shall be

valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. I.

The consideration to be paid the CONSULTANT as provided

herein, shall be in compensation for all of the CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II STATEMENT OF WORK The CITY has determined that consultant management services are needed by the CITY for FEDERAL AID PROJECT CML 5059 (199) STATE ROUTE 132 (14TH STREET – D STREET) INTERSECTION, which proposes widening and improving the geometrics to current State of California Department of Transportation Standards.

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A.

Consultant Services: Described in the Scope of Work provided in the Consultant’s Cost Proposal (Attachment 1) (“Scope of Work”).

B.

Survey: Described in the Scope of Work provided in the

Consultant’s Cost Proposal (Attachment 1) (“Scope of Work”). C.

City Obligations to Consultant: Described in the Scope of Work

provided in the Consultant’s Cost Proposal (Attachment 1) (“Scope of Work”). D.

Conferences, Visits to Site, and Inspection of Work: Described in

the Scope of Work provided in the Consultant’s Cost Proposal (Attachment 1) (“Scope of Work”). E.

Documentation: Consultant to provide documentation as described

in the Scope of Work provided in the Consultant’s Cost Proposal (Attachment 1) (“Scope of Work”) F.

Milestones and Description of Work for Each: Described in the

CONSULTANTS Request for Proposal, dated September 5, 2014 (Attachment II) G.

Performance Standards: The CONSULTANT shall perform the

services as described in Article II in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to the CITY. ARTICLE III CONSULTANT’S REPORTS AND/OR MEETINGS A.

The CONSULTANT shall submit progress reports as requested by

the CITY’s Contract Administrator. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to

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sufficiently address any difficulties or special problems encountered, so remedies can be developed. B.

The CONSULTANT’s Contract Administrator shall meet with the

CITY’s Contract Administrator, as needed, to discuss progress on the Agreement. ARTICLE IV PERFORMANCE PERIOD A.

This Agreement shall go into effect on “Effective Date”,

contingent upon approval by the CITY, and the CONSULTANT shall commence work after notification to proceed by the CITY’s Contract Administrator. The Agreement shall end two years after effected (DATE) or when work as described in Scope of Work is complete or whatever occurs first, unless extended by an Agreement amendment. B.

The CONSULTANT is advised that any recommendation for

contract award is not binding on the CITY until the Agreement is fully executed and approved by the CITY. C.

In the case of any unavoidable delays and for consideration of

corresponding warranted adjustments in payment, an amendment to the Agreement can be extended for up to 1 year.

CONSULTANT shall submit in writing to CITY’S

Contract Manager requesting the extension. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A.

The method of payment for this Agreement will be based on lump

sum. The total lump sum price paid the CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work of this Agreement. No additional compensation will be paid to the CONSULTANT, unless there is a change in the scope of the work or the scope of the

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project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between the CONSULTANT and the CITY. Adjustment in the total lump sum compensation will not be effective until authorized by an Agreement amendment and approved by the CITY. B.

Progress payments may be made monthly in arrears based on the

percentage of work completed by the CONSULTANT. If the CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, the CITY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Article VI Termination. C.

The CONSULTANT shall not commence performance of work or

services until this Agreement has been approved by the CITY and notification to proceed has been issued by the CITY’s Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. D.

The CONSULTANT will be reimbursed, as promptly as fiscal

procedures will permit, upon receipt by the CITY’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than forty-five (45) calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the CONSULTANT Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due the CITY that include any equipment purchased under the provisions of Article XVI Equipment Purchase of this Agreement. The final invoice should be submitted within sixty (60) calendar days after completion of the

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CONSULTANT’s work. Invoices shall be mailed to the CITY’s Contract Administrator at the following address: CITY OF MODESTO Attn: Charles L. Covolo, P.E. City’s Contract Administrator P.O. Box 642 Modesto, CA 95353 E.

The total amount payable by the CITY shall not exceed

F.

All subcontracts in excess of $25,000 shall contain the above

$XX,XXX.

provisions. ARTICLE VI TERMINATION The CITY reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to the CONSULTANT with the reasons for termination stated in the notice. A.

Voluntary Termination: When the CITY determines, in its sole

discretion, that the consultant services of CONSULTANT, on the project or projects described in this Agreement are no longer necessary and/or desirable, the parties agree that, CITY, may notify the CONSULTANT of such, pursuant to the notice provisions of Article XLI “NOTIFICATIONS” of this Agreement, and that termination shall be effective one day after the thirty (30) day notice period has elapsed. B.

In the Event of Termination: If this Agreement is terminated

pursuant to any of the preceding Paragraphs, the CONSULTANT shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work. If the

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CITY so requests, and at the CITY’s cost, the CONSULTANT shall provide sufficient oral or written status reports to make the CITY reasonably aware of the status of the CONSULTANT’s work on the project. Further, if the CITY so requests, and at the CITY’s cost, the CONSULTANT shall deliver to the CITY any work products whether in draft or final form which have been produced to date. If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, the CITY will pay the CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by the CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by the CITY for Default of the CONSULTANT, the CONSULTANT understands and agrees that the CITY may, in the CITY’s sole discretion, refuse to pay the CONSULTANT for that portion of the CONSULTANT’s services which were performed by the CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to the CITY as of the termination date. D.

Cost Principle under Early Termination: Termination settlement

expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, Subpart 31.205-42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. E.

Adjustment of Fixed Fee Under Early Termination: The fixed fee

will be adjusted as determined by the CITY’s Contract Administrator in accordance with the guidelines established in 48 CFR Chapter 1, Section 49.305-1.

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ARTICLE VII FUNDING REQUIREMENTS A.

It is mutually understood between the parties that this Agreement

may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B.

This Agreement is valid and enforceable only, if sufficient funds

are made available to the CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or the CITY governing board that may affect the provisions, terms, or funding of this Agreement in any manner. C.

It is mutually agreed that if sufficient funds are not appropriated,

this Agreement may be amended to reflect any reduction in funds. D.

The CITY has the option to void the Agreement under the thirty

(30) day cancellation clause, or by mutual agreement to amend the Agreement to reflect any reduction of funds. ARTICLE VIII CHANGE IN TERMS A.

This Agreement may be amended or modified only by mutual

written agreement of the parties. B.

The CONSULTANT shall only commence work covered by an

amendment after the amendment is executed and notification to proceed has been provided by the CITY’s Contract Administrator.

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C.

There shall be no change in the CONSULTANT’s Project

Manager or members of the project team, as listed in the approved CONSULTANT Cost Proposal, which is a part of this Agreement without prior written approval by the CITY’s Contract Administrator. ARTICLE IX PARTICIPATION

DISADVANTAGED

BUSINESS

ENTERPRISES

(DBE)

A.

The CITY has established a DBE goal of 15.00%.

B.

This Agreement is subject to 49 CFR, Part 26 entitled

“Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”

Proposer who obtain DBE participation on this

Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. C.

If the Agreement has a DBE goal, the CONSULTANT must meet

the DBE goal by committing DBE participaion or document of good faith effort to meet the goal. If a DBE sub-consultant is unable to perform, the CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. D.

DBEs and other small businesses, as defined in 49 CRF, Part 26

are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT – assisted agreements. Failure by the CONSULTANT to

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carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the CITY deems appropriate. E.

The CONSULTANT shall include the following in each subcontract

the CONSULTANT signs with a sub-consultant: 1.

A sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.

2.

The sub-consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Agreement.

3.

The CONSULTANT shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes.

F.

Performance of DBE Consultants, Sub-consultants and Suppliers:

DBE Sub-consultants shall perform the work and supply the materials for which they have been listed in the CONSULTANT’s response to the Agreement award requirements in Exhibit 10-O1, “LOCAL AGENCY CONSULTANT DBE COMMITMENT” and Exhibit 10-O2, “LOCAL AGENCY CONSULTANT DBE INFORMATION” of the Local Assistance Procedures Manual (LAPM), attached, unless the CONSULTANT has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Paragraph (K), “DBE Substitution and Additions”, of this Section. G.

Prompt Payment to DBE and Non-DBE Consultants: The

CONSULTANT shall not be entitled to any payment for the work or material, unless it is

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performed or supplied by the listed sub-consultants (DBE or Non-DBE), or by the CONSULTANT’s own forces, pursuant to prior written authorization of the CITY’s Contract Administrator. This is the case even if other Agreement work is not completed and has not been accepted in conformance with the terms of the Agreement by the State. The CONSULTANT shall pay all DBE sub-consultants and Non-DBE subconsultants for satisfactory performance of their contracts within ten (10) days from receipt of each payment from the CITY made to the CONSULTANT. H.

Prompt Payment Progress Pay Retention to DBE and Non-DBE Sub-

consultants: The CONSULTANT shall return all moneys withheld in retention from the sub-consultant within thirty (30) days after receiving payment for work satisfactorily completed, even if other Agreement work is not completed and has not been accepted in conformance with the terms of the Agreement. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONSULTANT or sub-consultant in the event of a dispute involving late payment or nonpayment

to

the

CONSULTANT

or

deficient

subcontract

performance

or

noncompliance by a sub-consultant. I.

DBE

and

Non-DBE

Sub-consultant

Payment

Records:

The

CONSULTANT, in addition to maintaining records showing the name and business address of each first tier sub-consultant, shall also show the name and business address of every DBE sub-consultant, DBE vendor of materials and, if applicable, DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. DBE prime CONSULTANTs shall also show the date of work performed by their own forces along with the corresponding dollar value of work.

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Upon completion of the Agreement, a summary of these records shall be prepared on Exhibit 17-F, “Final Report Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors” of the LAPM certified correct by the CONSULTANT or the CONSULTANT’s authorized representative, and shall be furnished to the CITY’s Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. J.

Penalty Assessed for Failure to Provide Sub-consultant Payment

Records: $10,000 will be withheld from payment if Exhibit 17-F, “Final Report Utilization of Disadvantaged Business Enterprise, First Tier Subcontractors’ of the LAPM is not submitted. The amount will be paid to the CONSULTANT when the form is submitted. K.

DBE Substitutions or Additions:

The CONSULTANT may not

substitute, or terminate for convenience a sub-consultant, a supplier or, if applicable, a trucking company, listed in the original bid/proposal without the prior written approval of the CITY. However, the CONSULTANT may add a firm to perform work originally planned to be done by the Contractor’s own forces. The CONSULTANT must make an adequate good faith effort to find another certified DBE sub-consultant to substitute for the original DBE.

The

CONSULTANT will be required to make good faith efforts to replace the original DBE sub-consultant with another DBE sub-consultant to the extent needed to meet the Agreement goal.

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The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the Agreement. DBEs must be certified at the time of the substitution or addition. The CONSULTANT shall submit requests for substitution in writing to the CITY. Authorization to use other sub-contractors or suppliers may be requested for the following reasons: 1.

The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this Agreement or on terms of such subconsultants or supplier’s written bid, is presented by the CONSULTANT.

2.

The listed DBE becomes bankrupt or insolvent.

3.

The listed DBE fails or refuses to perform the subcontract or furnish the listed materials.

4.

The CONSULTANT stipulated that a bond was a condition of executing a subcontract and the listed DBE sub-consultant failed or refuses to meet the bond requirements of the Agreement.

5.

The listed DBE was the result of an inadvertent clerical error. The CONSULTANT must have asserted a claim of inadvertent clerical error in listing the sub-consultant within two (2) working days after the bid opening and sent copies of

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that notice to both the sub-consultant he or she claims to have listed in error and the intended sub-consultant who had bid to the CONSULTANT prior to bid/proposal opening. 6.

The listed DBE was not licensed as required by the State of California Contractor’s Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions.

7.

The work performed by the listed sub-consultant is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the sub-consultant is substantially delaying or disrupting the progress of the work.

8.

When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

9.

When it is in the best interest of the CITY.

Prior to approval of the CONSULTANT’s request for substitution to the CITY, the CONSULTANT shall give notice in writing to the listed DBE sub-consultant of the CONSULTANT’s request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subconsultant. The listed sub-consultant, who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to the CITY.

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Failure to respond to a written objection shall constitute the listed sub-consultant’s consent to the substitution. L.

Termination of a DBE: In conformance with Federal DBE regulation

Sections 26.53(f) (1) and 26.53(f) (2), Part 26, 49 CFR, the CONSULTANT shall not: 1.

Terminate for convenience a listed DBE sub-consultant and then perform that work with its own forces (personnel), or those of an affiliate, unless the CONSULTANT has received prior written authorization from the CITY to perform the work with other forces or to obtain materials from other sources.

2.

If a DBE sub-consultant is terminated or fails to complete its work for any reason, the CONSULTANT will be required to make good faith efforts to replace the original DBE subconsultant with another DBE sub-consultant to the extent needed to meet the Agreement goal.

M.

DBE Certification Status: If a DBE sub-consultant is decertified

during the life of the Agreement, the decertified sub-consultant shall notify the CONSULTANT in writing with the date of decertification. If a sub-consultant becomes a certified DBE during the life of the Agreement, the sub-consultant shall notify the CONSULTANT in writing with the date of certification. Upon completion of the Agreement, the CONSULTANT shall complete Exhibit 17-O, “Disadvantaged Business Enterprises (DBE) Certification Status Change” of the LAPM, indicating the DBE’s current certification status and shall be signed and

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certified correct by the CONSULTANT. The certified form shall be furnished to the CITY within thirty (30) days from the date of completion of the Agreement. N.

DBE Eligibility Toward Goal:

The dollar value of the work

performed by a DBE is certified/counted toward the goal only after the DBE has been paid. O.

Credit for Material or Supplies: Credit for materials or supplies

purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, onehundred percent (100%) of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies are purchased from a DBE regular dealer, sixty percent (60%) of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services ARTICLE X COST PRINCIPLES A.

The CONSULTANT agrees that the CONSULTANT Cost

Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items.

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B.

The CONSULTANT also agrees to comply with federal

procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C.

Any costs for which payment has been made to the

CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by the CONSULTANT to the CITY. ARTICLE XI CONTINGENT FEE The CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement 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 the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XII RETENTION OF RECORDS/AUDIT 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 Agreement pursuant to Government Code 8546.7; the CONSULTANT, subcontractors,

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and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for four (4) years from the date of final payment under the Agreement. The State, the State Auditor, the CITY, FHWA, or any duly authorized representative of the federal government, the CITY, or their duly authorized representative shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested Subcontracts in excess of $25,000 shall contain this provision. The CITY, State, and Federal representative shall have the right to reproduce anyof the aforesaid documents. ARTICLE XIII DISPUTES A.

Any dispute, other than audit, concerning a question of fact arising

under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY’s Contract Administrator and CITY’s Director of the Community & Economic Development Department, who may consider written or verbal information submitted by the CONSULTANT. B.

Not later than thirty (30) days after completion of all deliverables

necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the CITY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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C.

Neither the pendency of a dispute, nor its consideration by the

committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this Agreement. All claims, controversies, or disputes not settled by the City Manager, or his designee, pursuant to Section 9.01 of the General Provisions of the City of Modesto Standard Specifications, arising out of, or relating to the Agreement, or the breach, termination, enforcement, interpretation, or validity of the Agreement, including the determination of the scope or applicability of these Agreement terms, shall be determined by binding arbitration in Modesto, California by one (1) arbitrator. Dispute Resolution will first be subject to mediation, if resolution is not reached through mediation the matter will then be referred to binding arbitration. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California. This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the CONSULTANT with the CITY, and the claim is rejected in whole or in part by the CITY, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by the CONSULTANT so long as any issues presented by the claim are arbitrable.

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Claims rejected by the CITY or by operation of law, shall be submitted by the CONSULTANT to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by the CITY to the CONSULTANT. Otherwise, the claim or claims shall be deemed waived in their entirety.

The CONSULTANT may submit its claims, disputes, or

controversies to arbitration by advising the City Clerk in writing, within the ninety (90) day period, of its desire to arbitrate, and thereafter in good faith follow the Association rules. The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both the CITY and the CONSULTANT shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules. Whether or not the CITY and the CONSULTANT may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq. The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the

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reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved. Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue. The CONSULTANT shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between the CITY and The CONSULTANT involving the work of the subcontractor to be joined.

The

CONSULTANT’s failure to do so shall be a breach of this Agreement. The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive, and binding to the fullest extent allowed by California law. ARTICLE XIV AUDIT REVIEW PROCEDURES A.

Any dispute concerning a question of fact arising under an interim

or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by the CITY’s Director of Finance, or his/her designee. B.

Not later than thirty (30) days after issuance of the final audit

report, the CONSULTANT may request a review by the CITY’s Director of Finance, or

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his/her designee, of unresolved audit issues. The request for review will be submitted in writing. C.

Neither the pendency of a dispute nor its consideration by the

CITY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. ARTICLE XV SUBCONTRACTING A.

The CONSULTANT shall perform the work contemplated with

resources available within its own organization; and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the CITY’s Contract Administrator, except that, which is expressly identified in the approved CONSULTANT Cost Proposal. B.

Nothing contained in the Agreement or otherwise, shall create any

contractual relation between the CITY and any subcontractors, and no subcontract shall relieve the CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT’s obligation to pay its subcontractors is an independent obligation from the CITY’s obligation to make payments to the CONSULTANT. C.

Any subcontract in excess of $25,000 entered into as a result of

this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.

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D.

The CONSULTANT shall pay its subcontractors within ten (10)

calendar days from receipt of each payment made to the CONSULTANT by the CITY. E.

Any substitution of subconsultants must be approved in writing by

the CITY’s Contract Administrator in advance of assigning work to substitute subcontractor. ARTICLE XVI EQUIPMENT PURCHASE A.

Prior

authorization

in

writing,

by

the

CITY’s

Contract

Administrator shall be required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. The 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 the CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by the CITY’s Contract Administrator; three (3) competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C.

Any equipment purchased as a result of this Agreement is subject

to the following: “The CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, the CITY may either keep the equipment and credit the 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

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with established CITY procedures; and credit the CITY in an amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be determined at the CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the CITY and the CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the CITY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. D.

All subcontracts in excess $25,000 shall contain the above

provisions. ARTICLE XVII INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the CITY, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. ARTICLE XVIII SAFETY The CONSULTANT shall comply with OSHA regulations applicable to the CONSULTANT regarding necessary safety equipment or procedures.

The

CONSULTANT shall comply with safety instructions issued by the CITY’s Safety Officer and other CITY representatives. The CONSULTANT’s personnel shall wear hard hats and safety vests at all times while working on the construction project site. B.

Pursuant to the authority contained in Section 591 of the Vehicle

Code, the CITY has determined that such areas are within the limits of the project and are

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open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The 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 Agreement, shall

contain all of the provisions of this Article. ARTICLE XIX INSURANCE The CONSULTANT shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by mail, by the CONSULTANT, for all of the following stated insurance policies. 1.

Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

2.

General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury, personal injury, and property damage.

If Commercial

General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general

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aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. 3.

Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.

This insurance shall cover any

automobile for bodily injury and property damage. 4.

Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the CITY, the CONSULTANT shall promptly obtain a new policy, submit the same to the Risk Manager for approval, and submit a certificate thereof as hereinabove provided. Upon failure of the CONSULTANT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONSULTANT to obtain and/or maintain any required insurance shall not relieve the CONSULTANT from any liability under this Agreement, nor shall the insurance requirements be construed to

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conflict with or otherwise limit the obligations of the CONSULTANT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by the CONSULTANT for the CITY. The CONSULTANT’s insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The CONSULTANT must deliver certificates evidencing existence of the insurance listed above to the City Clerk at the time the Agreement is signed. The CONSULTANT shall provide the CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies.

In addition, the CONSULTANT shall

provide the CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number. For any claims related to this project, the CONSULTANT’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

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ARTICLE XX OWNERSHIP OF DATA A.

Upon completion of all work under this Agreement, ownership and

title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSULTANT shall furnish the 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 Agreement has been entered into. C.

The CONSULTANT is not liable for claims, liabilities, or losses

arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by the CONSULTANT under this Agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the 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 many be authorized in writing by the CONSULTANT. D.

Applicable patent rights provisions described in 41 CFR 1-91,

regarding rights to inventions shall be included in the Agreement as appropriate. E.

The CITY may permit copyrighting reports or other agreement

products. If copyrights are permitted; the Agreement shall provide that the FHWA shall

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have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F.

Any subcontract in excess of $25,000 entered into as a result of

this Agreement, shall contain all of the provisions of this Article. ARTICLE XXI CONFIDENTIALITY OF DATA A.

All financial, statistical, personal, technical, or other data and

information relative to the CITY’s operations, which are designated confidential by the CITY and made available to the CONSULTANT in order to carry out this Agreement, shall be protected by the CONSULTANT from unauthorized use and disclosure. B.

Permission to disclose information on one (1) occasion, or public

hearing held by the CITY relating to the Agreement, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C.

The CONSULTANT shall not comment publicly to the press or

any other media regarding the Agreement or the CITY’s actions on the same, except to the CITY’s staff, the CONSULTANT’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D.

The CONSULTANT shall not issue any news release or public

relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the CITY, and receipt of the CITY’s written permission.

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E.

Any subcontract entered into as a result of this Agreement shall

contain all of the provisions of this Article. F.

All information related to the construction estimate is confidential,

and shall not be disclosed by the CONSULTANT to any entity other than the CITY. ARTICLE XXII STATEMENT OF COMPLIANCE This Agreement shall be governed according to the laws of the State of California. The CONSULTANT shall comply with all Federal, State, and local laws, ordinances, regulations, and permits applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code Section 1775. The CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. The CONSULTANT and subcontractors shall comply with the Fair Employment and Housing Act (Gov. Code Section 12900(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7285 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The CONSULTANT and its

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subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. ARTICLE XXIII CONFLICT OF INTEREST A.

The CONSULTANT shall disclose any financial, business, or

other relationship with the CITY that may have an impact upon the outcome of this Agreement, or any ensuing the CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing the CITY construction project, which will follow. B.

The 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 Agreement. C.

Any subcontract in excess of $25,000 entered into as a result of

this Agreement, shall contain all of the provisions of this Article. ARTICLE XXIV CONSIDERATION

REBATES, KICKBACKS OR OTHER UNLAWFUL

The CONSULTANT warrants that this Agreement 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, the CITY shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 32 LAPM Archaeological Consultant Agreement

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ARTICLE XXV NOTIFICATION Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective 1) upon actual delivery, if delivery is by hand; or 2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Deliver and notice shall also be deemed duly given and effective, if deliver is by facsimile transmission on the date of that transmission, and on the day following delivery of the notice to a national company advertising overnight delivery services.

Although termination shall be effective as

described below, the parties agree that CONSULTANT shall have thirty (30) days after the effective notice of termination to demobilize its forces and depart the job site. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time. CONSULTANT: Company Name Name, Consultant Contract Administrator 1234 Street, Suite xxx City, State xxxxx CITY: City of Modesto Name City Contract Administrator P.O. Box 642 Modesto, CA 95353 ARTICLE XXVI INDEMNITY The CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against all claims, losses, liabilities, judgments or damages from every cause, including but not limited to 33 LAPM Archaeological Consultant Agreement

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injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent arising out of, pertaining to or relating to the negligence, recklessness, omission or willful misconduct of the CONSULTANT, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. The CONSULTANT’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for the CONSULTANT to procure and maintain a policy of insurance. ARTICLE XXVII

CONSULTANT’S

ENDORSEMENT

ON

PS&E

OTHER/DATA The responsible CONSULTANT shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by him/her and where appropriate, indicate his/her registration number. ARTICLE XXVIII OBLIGATIONS OF CONSULTANT Throughout the term of this Agreement, the CONSULTANT shall possess, or secure all licenses, permits, qualifications, and approvals legally required to conduct business.

The CONSULTANT warrants that it has all of the necessary

professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement. The CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare

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factual presentations, and provide professional advice and recommendations regarding this project. ARTICLE XXIX

PERFORMANCE BY KEY EMPLOYEE

The CONSULTANT has represented to the CITY that Consultant Name, will be the person primarily responsible for the performance of the services referred to in this Agreement.

The CITY has entered into this Agreement in reliance on that

representation by the CONSULTANT.

The CONSULTANT therefore agrees that

percent (xx%) of his time shall be devoted to the project that is the subject of this Agreement will be that of the above-named person. The parties further understand and agree that it may become desirable or necessary from time to time to substitute another employee of the CONSULTANT in place of the above-named key employee(s). Then, and in that event, the parties understand that successful delivery of services to be performed by key employees are, in some measure, necessarily dependent upon the relationship the existing key employee, or the employee proposed for substitution, may be able to create and maintain with CITY staff in charge of the Project for which the CONSULTANT’s services have been retained. Accordingly, and in light of that fact, that the parties hereto further agree that any future substitutions proposed by the CONSULTANT of a different employee for the above-named key employee(s) shall be made only upon written amendment to the Agreement executed by the CITY. In exercising its discretion in regard to any substitution of key employees proposed by the CONSULTANT, it is agreed that CITY’s right to accept or reject the individual or individuals proposed for substitution shall be absolute. ARTICLE XXX

NEWS AND INFORMATION RELEASE

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The CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the CITY through the City Manager. ARTICLE XXXI

INTEREST OF CONSULTANT

The CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONSULTANT warrants that, in performance of this Agreement, the CONSULTANT shall not employ any person having any such interest. The CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of the CITY. ARTICLE XXXII

INDEPENDENT CONSULTANT

All acts of the CONSULTANT, its agents, officers, and employees and all others acting on behalf of the CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of the CITY. The CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the CITY. The CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of the CONSULTANT. It is understood by both the CONSULTANT and the CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

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The CONSULTANT, its agents, officers, and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of the CITY. The CONSULTANT shall determine the method, details, and means of performing the work and services to be provided by the CONSULTANT under this Agreement.

The CONSULTANT shall be responsible to the CITY only for the

requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to the CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement. The CONSULTANT has control over the manner and means of performing the services under this Agreement. The CONSULTANT is permitted to provide services to others during the same period service is provided to the CITY under this Agreement. If necessary, the CONSULTANT has the responsibility for employing other persons or firms to assist the CONSULTANT in fulfilling the terms and obligations under this Agreement. If in the performance of this Agreement any third persons are employed by the CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of the CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, discharging, or any other term of employment or requirement of law shall be determined by the CONSULTANT. It is understood and agreed that as an independent subcontractor and not an employee of the CITY neither the CONSULTANT or the CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the

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CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that the CONSULTANT must issue W2 forms or other forms as required by law for income and employment tax purposes for all of the CONSULTANT's personnel. As an independent contractor, the CONSULTANT hereby indemnifies and holds the CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement ARTICLE XXXIII PARTIAL INVALIDITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. ARTICLE XXXIV WAIVER The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. ARTICLE XXXV

OTHER FEDERAL REQUIREMENTS

Disadvantage Business Enterprise (DBE) participation shall be in accordance with Exhibits 10-F, 10-01, 10-02, 10-P, 10-V and 12-H included as Attachments in the bid proposal document and included with this Agreement. The CONSULTANT agrees to comply with Federal-Aid Agreement procedures in accordance with State of California Department of Transportation Exhibits

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10-F, 10-01, 10-02, 10-P, 10-V and 12-H attached hereto. If said documents were not previously completed, signed, and submitted, they must be executed at this time. ARTICLE XXXVI AGREEMENT This Agreement and its attachment and exhibits contain the entire understanding between the the CONSULTANT and the CITY. Additional or new terms contained in this Agreement which vary from the CONSULTANT’s proposal are controlling and are deemed accepted by the CONSUTANT by shipment of any article or other commencement of performance hereunder. All previous proposals, offers, and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all parties. The two parties to this Agreement, who are the before named the CONSULTANT and the before named the CITY, hereby agree that this Agreement constitutes the entire Agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this Agreement as evidenced by the signatures below.

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IN WITNESS WHEREOF, City has authorized the execution of this Agreement, in duplicate, by its City Manager and attestation by its City Clerk, on the _____ day of _____________, 20____, and Owner has caused this Agreement to be executed in duplicate.

CITY OF MODESTO, a municipal corporation

CONSULTANT:

By: ____________________________ JAMES HOLGERSSON Interim City Manager

By: __________________________ (Signature) ___________________________ (Name, Title)

ATTEST: By: ______________________________ STEPHANIE LOPEZ, City Clerk

By: __________________________ (Signature) ___________________________ (Name, Title)

(SEAL)

APPROVED AS TO FORM: ADAM U. LUNDGREN, City Attorney

Consultant’s Federal Tax ID XX-XXXXXX

By: ______________________________ ROLAND STEVENS, Special Counsel APPROVED AS TO FORM: By:______________________________ MARY AKIN, Risk Manager

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Local Assistance Procedures Manual

EXHBIT 10-F Certification of Consultant, Commissions & Fees

EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the

, and duly authorized

representative of the firm of

, whose address is , and that, except as hereby

expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this contract. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this contract involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil.

(Date)

Distribution:

LPP 13-01

(Signature)

1) Local Agency Project File (Original & Contract) 2) DLAE (with contract copy)

Page 1 of 1 May 8, 2013

Local Assistance Procedures Manual

EXHIBIT 10-O1 Consultant Proposal DBE Commitment

EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT (Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)

Consultant to Complete this Section 1. Local Agency Name: ________________________________________________________________________________________ 2. Project Location: ___________________________________________________________________________________________ 3. Project Description: _________________________________________________________________________________________ 4. Consultant Name: __________________________________________________________________________________________ 5. Contract DBE Goal %: ________________

DBE Commitment Information 6. Description of Services to be Provided

7. DBE Firm Contact Information

Local Agency to Complete this Section

8. DBE Cert. Number

9. DBE %

10. Total % Claimed

___________ % 16. Local Agency Contract Number: ________________________________________________

17. Federal-aid Project Number: ___________________________________________________

18. Proposed Contract Execution Date: ________________________

________________________________ Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate:

11. Preparer’s Signature

________________________________ _____________________________________________________________________________ 19. Local Agency Representative Name (Print)

12. Preparer’s Name (Print)

________________________________ ___________________________________________________ 20. Local Agency Representative Signature

________________________ 21. Date

13. Preparer’s Title

____________ ___________________ 14. Date ___________________________________________________ 22. Local Agency Representative Title

Distribution:

LPP 13-01

15. (Area Code) Tel. No.

________________________ 23. (Area Code) Tel. No.

(1) Original – Consultant submits to local agency with proposal (2) Copy – Local Agency files

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Local Assistance Procedures Manual

EXHIBIT 10-O2 Consultant Contract DBE Information

EXHIBIT 10-O2 CONSULTANT CONTRACT DBE INFORMATION (Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form)

Consultant to Complete this Section 1. Local Agency Name: ________________________________________________________________________________________ 2. Project Location: ___________________________________________________________________________________________ 3. Project Description: _________________________________________________________________________________________ 4. Total Contract Award Amount: $ ______________________ 5. Consultant Name: __________________________________________________________________________________________ 6. Contract DBE Goal %: ________________ 7. Total Dollar Amount for all Subconsultants: $ ______________________ 8. Total Number of all Subconsultants: _______________

Award DBE/DBE Information 9. Description of Services to be Provided

10. DBE/DBE Firm Contact Information

Local Agency to Complete this Section 20. Local Agency Contract Number: ________________________________________________ 21. Federal-aid Project Number: ___________________________________________________ 22. Contract Execution Date: ________________________

12. DBE Dollar Amount

11. DBE Cert. Number

13. Total Dollars Claimed

$ ___________

14. Total % Claimed __________ %

Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: _____________________________________________________________________________ 23. Local Agency Representative Name (Print) ___________________________________________________ 24. Local Agency Representative Signature

________________________ 25. Date

___________________________________________________ 26. Local Agency Representative Title

________________________ 27. (Area Code) Tel. No.

________________________________ 15. Preparer’s Signature

________________________________ 16. Preparer’s Name (Print)

Caltrans to Complete this Section

________________________________

Caltrans District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: ___________________________ 28. DLAE Name (Print)

_______________________________ 29. DLAE Signature

17. Preparer’s Title

____________ ___________________ 18. Date

19. (Area Code) Tel. No.

______________ 30. Date

Distribution: (1) Copy – Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment. (2) Copy – Include in award package sent to Caltrans DLAE (3) Original – Local agency files

LPP 13-01

Page 1 of 2 May 8, 2013

Local Assistance Procedures Manual

EXHIBIT 10-P Nonlobbying Certification for Federal-aid Contracts

EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

LPP 13-01

Page1 of 1 May 8, 2013

Local Assistance Procedures Manual

EXHIBIT 10-V Non-Discrimination Clause

EXHIBIT 10-V NON-DISCRIMINATION CLAUSE (To be included in Consultant Contract)

NON-DISCRIMINATION CLAUSE During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

LPP 13-01

Page 1 of 1 May 8, 2013

Local Assistance Procedures Manual

Exhibit 12-H

DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: •

is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;



has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;



does not have a proposed debarment pending; and



has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

DLA-OB 13-06

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