HomeMy WebLinkAboutCC Resolution 13602 (NTPP Francisco Blvd. E.)RESOLUTION NO. 13602
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACCEPTING A PROPOSAL FROM CH2M HILL, INC. FOR DESIGN ASSISTANCE
ON THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP)
FRANCISCO BOULEVARD EAST IMPROVEMENTS PROJECT AND AUTHORIZING
THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH CH2M HILL, INC. IN THE AMOUNT OF $184,002.44
WHEREAS, the Federal Transportation legislation in 2005 (SAFETEA-LU)
allocated $25 million to the County of Marin for Non -Motorized Transportation Pilot Program
(NTPP); and
WHEREAS, one of the projects selected for design and construction was the
"Francisco Boulevard East Improvements" project; and
WHEREAS, in 2007, $500,000 was allocated for alternative analysis, public
outreach and design; and
WHEREAS, in 2012, an additional $200,000 was allocated for final design,
environmental and right-of-way clearance; and
WHEREAS, City staff found that design services from qualified consultants will
be required for this project; and
WHEREAS, City staff obtained approval from Caltrans to begin the process of
designing this project; and
WHEREAS, City staff followed the federal standard procedures for selection of
the most qualified consultant; and
WHEREAS, the most qualified consultant team is CH2M HILL, Inc., with a fee
in the amount of $184,002.44 (technical proposal attached as Exhibit A);
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Rafael that the Professional Scope of Services for C112M HILL, Inc., as attached hereto, is
accepted and Council does hereby authorize the Public Works Director to enter into Professional
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Services Agreement with CH2M HILL, Inc. for professional services listed in Exhibit "A", in a
form approved by the City Attorney and in an amount not to exceed $184,002.44.
IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public
Works is hereby authorized to take any and all such actions and make changes as may be
necessary to accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 19th day of August, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
e, C' , P .
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.241.01
AGREEMENT
FOR PROFESSIONAL SERVICES WITH C112M HILL, INC.
FOR THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP)
FRANCISCO BOULEVARD EAST IMPROVEMENTS PROJECT
ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the
following named, hereinafter referred to as, LOCAL AGENCY:
The name of the CONSULTANT is as follows: CH2M HILL, INC.
Incorporated in the State of CALIFORNIA
The Project Manager for the "CONSULTANT" will be KAI CHAN
The name of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL
The Contract Manager for the LOCAL AGENCY will be NADER
MANSOURIAN, Public Works Director.
B. The work to be performed under this contract is described in Article II entitled Statement of Work
and the approved CONSULTANT's Scope of Services dated May 30, 2013.
C. Except as provided in Subparagraph B, CONSULTANT shall indemnify, release, defend and hold
harmless LOCAL AGENCY, its officers, and employees, against any claim, demand, suit, judgment,
loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way,
in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or
CONSULTANT's officers, agents and employees in the performance of their duties and obligations
under this Agreement.
Where the services to be provided by CONSULTANT under this Agreement are design professional
services to be performed by a design professional as that term is defined under Civil Code Section
2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and
hold harmless LOCAL AGENCY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains
to, or relates to the negligence, recklessness, or willful misconduct of CONSULTANT in the
performance of its duties and obligations under this Agreement.
D. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this
agreement, shall act in an independent contractor capacity and not as officers or employees or agents
of the LOCAL AGENCY.
E. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein provided. In the
e -vent of such termination, the LOCAL AGENCY may proceed with the work in any manner deemed
proper by the LOCAL AGENCY. If the LOCAL AGENCY terminates this agreement with the
CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT
under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY
exceeds the funds remaining in the contract. 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.
F. Without the written consent of the LOCAL AGENCY, this atikTrcement is not assignable by
CONSUL'T'ANT either in whole or in part.
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G. No alteration or variation of the terms of this contract 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.
H. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all
of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
A. Consultant Services:
The approved CONSULTANT's Scope of Services is attached hereto (Exhibit A) and incorporated by
reference. If there is any conflict between the approved Cost Proposal and this contract, this contract
shall take precedence.
ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS
A. The CONSULTANT shall submit progress reports at least once a month with the progress invoice.
The report should be sufficiently detailed for the Contract Manager to determine, if the
CONSULTANT is performing to expectations, or is on schedule; to provide communication of
interim findings, and to sufficiently- address any difficulties or special problems encountered, so
remedies can be developed.
B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager,
as needed, to discuss progress on the contract.
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ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect upon execution by both parties, and the CONSULTANT shall
commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager. The
contract shall end upon completion of the work to the satisfaction of the LOCAL AGENCY'S
Contract Manager.
B. The CONSULTANT is advised that any recommendation for contract award is not binding on the
LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The LOCAL AGENCY will reimburse the CO'NSULTAN'T based on a time and materials basis with
a maximum "not to exceed" fee as set forth in the CONSULTANT's Work Estimate attached hereto
as Exhibit B and incorporated herein, as being the maximum cost to perform all work. The Work
Estimate fee shall include all direct costs and overhead such as, but not limited to, transportation,
communications, subsistence and materials. and anv subcontracted items of work.
B. The CONSULTANT Nvill not be reimbursed for actual costs (direct or overhead costs) that exceed the
approved CONSULTANT'S Work Estimate fee, unless additional reimbursement is provided for by
contract amendment. In the event that the LOCAL AGENCY determines that a change to the work
from that specified in the Work Estimate and contract is required, the contract time and/or actual costs
reimbursable by the LOCAL. AGENCY shall be adjusted by contract amendment to accommodate the
changed kNork. The maximum total cost as specified in the approved CONSULTANT'S Work
Estimate shall not be exceeded. unless authorized bN contract amendment.
C. Progress payments will be made monthly based on actual hours, hourly costs, and support service
costs charged to the project. Progress payments will only be processed upon receipt of itemized
invoice and progress report submitted to the LOCAL AGENCY. If CONSULTANT fails to submit
the required deliverable items according to the schedule set forth in the Statement of Work, the
LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in
accordance with the provisions of Article VI Tennination.
D. No payment will be made prior to approval of any work, nor for any work performed prior to
approval of this contract.
E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by
the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports
shall be submitted no later than 45 -calendar days after the performance of work for which the
CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each
project as applicable. Invoices shall reference this contract number and project title. Final invoice
must contain the final cost and all credits due the LOCAL AGENCY including any equipment
purchased under the provisions of Article XVI Equipment Purchase of this contract. The final
invoice should be submitted within 60 -calendar days after completion of the CONSULTANT's work.
Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address:
City of San Rafael
Attention: Nader Mansourian
111 Morphew Street
San Rafael, CA 94901
F. All subcontracts in excess of $25,000 shall contain the above provisions.
ARTICLE VI TERMINATION
The LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) -calendar days written
notice to the CONSULTANT with the reasons for termination stated in the notice.
ARTICLE VII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract 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 LOCAL
AGENCY for the purpose of this contract. In addition, this agreement is subject to any additional
restrictions, limitations, conditions. or any statute enacted by the Congress, State Legislature, or
LOCAL AGENCY governing board that may affect the provisions, terms. or funding of this contract
in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract inay be amended to
reflect any reduction in funds.
D. The LOCAL AGENCY has the option to void the contract under the 30 -day cancellation clause, or by
mutual agreement to amend the contract to reflect any reduction of funds.
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ARTICLE VIII CHANGE IN TERMS
A. This contract 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 LOCAL AGENCY'S Contract
Manager.
C. "There shall be no change in the CONSULTANT's Project Manager or members of the project team,
as fisted in the approved Cost Proposal, which is a part of this contract without prior written approval
by the LOCAL AGENCY's Contract Manager.
ARTICLE IX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. The Agency has established a DBE goal for this Agreement of 7.71%.
B. DBEs and other small businesses are strongly encouraged to participate in the performance of
Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the
opportunity to participate in the performance of the work that is the subject of this solicitation and
should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance of
subcontracts.
C. CONSULTANTs are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
D. It is the CONSULTANT'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:
1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through
the California Unified Certification Program (CUCP).
2. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a
vendor of material or supplies, or as a trucking company.
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:
i. The proposer is a DBE and will meet the goal by performing work with its own forces.
ii. The proposer will meet the goat through work performed by DBE subcontractors, suppliers
or trucking companies.
iii. The proposer. prior to proposing, made adequate good faith efforts to meet the goal.
4. 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.
5. 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 perforning, managing and supervising the work.
i. The proposer shall list only one subcontractor for each portion of work as defined in their
proposal and all DBE subcontractors should be listed in the bid/cost proposal list of
subcontractors.
A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement
toward the DBE participation except that portion of the work to be performed by non -DBE
subcontractors.
E. CONSULTANTs shall adhere to the following regarding subconsultants:
1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between
the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the
CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT
agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its
subconsultants and of persons either directly or indirectly employed by any of them as it is for
the acts and omissions of persons directly employed by the CONSULTANT. The
CONSULTANT's obligation to pay its subconsultants is an independent obligation from the
LOCAL AGENCY's obligation to make payments to the CONSULTANT.
2. 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 subconsultants.
3. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each
payment made to the CONSULTANT by the LOCAL AGENCY.
4. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's
Contract Manager in advance of assigning work to a substitute subconsultant.
F. The following shall pertain to the performance of DBE consultants and other DBE
Subconsultants/Suppliers:
A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carving out its responsibilities by actually performing, managing,
and supervising the work involved. To perform a commercially useful function, the DBE must
also be responsible with respect to materials and supplies used on the Agreement, for negotiating
price, determining quality and quantity, ordering the material, and installing (where applicable)
and paying for the material itself. To determine whether a DBE is performing a commercially
useful fimction, evaluate the amount of work subcontracted, industry practices; whether the
amount the firm is to be paid under the Agreement is commensurate with the work it is actually
performing: and other relevant factors.
A DBE does not perforin a commercially useful function if its role is limited to that of an extra
participant in a transaction, Agreement, or project through which funds are passed in order to
obtain the appearance of DBE participation. In determining whether a DBE is such an extra
participant, examine similar transactions. particularly those in which DBEs do not participate,
If a DBE does not perform or exercise responsibility, for at least 30 percent of the total cost of its
Agreement with its own N� ork force, or the DBE subcontracts a greater portion of the work of the
Agreement than would be expected on the basis of non -nal industry practice for the type of work
involved, it will be presumed that it is not performing a commercially useful function.
G. The following shall pertain to Prompt Payment of Funds Withheld to Subcontractors:
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No retainage will be held by the LOCAL AGENCY from progress payments due the prime
CONSULTANT. Any retainage held by the prime CONSULTANT or subconsultants from
progress payments due subconsultants shall be promptly paid in full to subconsultants within 30
days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29)
requires that any delay or postponement of payment over the 30 days may take place only for
good cause and with the LOCAL AGENCY's prior written approval. Any violation of this
provision shall subject the violating prime CONSULTANT or subconsultant to the penalties,
sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.
These requirements shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient
subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non -DBE prime CONSULTANT and subconsultants.
Any subcontract entered into as a result of this Agreement shall contain all of the provisions of
this section.
H. The following shall pertain to DBE Records:
The CONSULTANT shall maintain records of materials purchased and/or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and business
address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor,
regardless of tier. The records shall show the date of payment and the total dollar figure paid to
all firms. DBE prime consultants shall also show the date of work performed by their own forces
along with the corresponding dollar value of the work.
Upon completion of tine Agreement, a summary of these records shall be prepared and submitted
on the form entitled. "Final Report -Utilization of Disadvantaged Business Enterprise (DBE),
First -Tier Subcontractors," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified
correct by the CONSULTANT or the CONSULTANT's authorized representative and shall be
furnished to the Contract Manager with the final invoice. Failure to provide the summary of
DBE payments with the final invoice will result in 25% of the dollar value of the invoice being
withheld from payment until the form is submitted. The amount will be returned to the
CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business
Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager.
I. The following shall pertain to DBE Certification and Decertification Status:
If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify the CONSULTANT in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall
notifv the CONSULTANT in writing with the date of certification. Any changes should be
reported to the LOCAL AGENCY's Contract Manager within 30 days.
ARTICLE k COST PRLNCIPLES
A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq.; shall be used to determine the
allovability of cost individual items.
B. The CONSULTANT also agrees to comply with federal procedures it) accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperati�-e Agreements to State and Local
Gov ertnnents.
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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent
audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part
31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY.
ARTICLE XI CONTINGENT FEE
'The CONSULTANT warrants, by execution of this contract that no person or selling agency has been
employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing
business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its discretion to
deduct from the contract 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 contract pursuant to Government Code 8546.7; the
CONSULTANT, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the contract, including but not
limited to, the costs of administering the contract. All parties shall make such materials available at their
respective offices at all reasonable times during the contract period and for three years from the date of
final payment under the contract. The state, the State Auditor, LOCAL AGENCY, FHWA, or any duly
authorized representative of the federal government shall have access to any books, records, and
documents of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
Subcontracts in excess of $25,000 shall contain this provision.
ARTICLE XIII DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not
disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's
Contract Manager and other City representatives, who may consider written or verbal information
submitted by the CONSULTANT.
B. Not later than 30 days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY
GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review
will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee twill excuse the
CONSULTANT frorn full and timely performance in accordance with the terms of this contract.
ARTICLE XIV Al:DIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising ander an interim or post audit of this contract that is
not disposed of by agreement, shall be reviewed by the LOCAL AGENCS"S FINANCE
DIRECTOR.
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B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a
review by the LOCAL AGENCY'S FINANCE DIRECTOR 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 LOCAL AGENCY will excuse the
CONSULTANT from full and timely performance, in accordance with the terms of this contract.
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 contract shall be subcontracted without
written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly
identified in the approved Cost Proposal.
B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the
provisions stipulated in this contract to be applicable to subcontractors.
C. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract
Manager.
ARTICLE XVI EQUIPMENT PURCHASE
A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager 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 LOCAL AGENCY's Contract Manager;
three competitive quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: "The
CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property
is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the
purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive
a proper refund or credit at the conclusion of the contract, or if the contract is terminated, the
CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal
to its fair market value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGENCY in
an amount equal to the sales price. If the 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 nrutuallx agreeable to by
the LOCAL AGENCY and the CONSULTANT, if it is determined to sell the egtlipmetrt. the terms
and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Part
18 requires a credit to Federal fiends jvhen participating equipment with a fair market value greater
than $5000.00 is credited to the project.
D. All subcontracts in excess $25,000 shall contain the above provisions.
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ARTICLE XVII INSPECTION OF WORK
The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA
if federal participating funds are used in this contract; to review and inspect the project activities and files
at all reasonable times during the performance period of this contract including review and inspection on
a daily basis.
ARTICLE XVIII SAFETY
A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding
necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions
issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT 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 LOCAL AGENCY has
determined that such areas are within the limits of the project and are 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 contract, shall contain all of the provisions of this
Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices,
work, method, operation, or process related to the construction or excavation of trenches which are
five feet or deeper.
ARTICLE XIX INSJRANCE
A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL
AGENCY, the following insurance policies:
A commercial general liability insurance policy in the minimum amount of one million
($1,000.000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
An automobile liability insurance policy, for owned, non -owned, and hired vehicles, in the
minimum amount of one million (S 1,000,000) dollars per occurrence.
If any licensed professional performs any of the services required to be performed under this
Agreement, a professional liability insurance policy in the minimum amount of one million
51,000.000) dollars to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement.
B. The insurance coverage required of the CONSULTANT in Subparagraph A above, shall also meet the
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foliovvin- requirements:
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Except for professional liability insurance, the insurance policies shall be endorsed for
contractual liability and personal injury.
2. Except for professional liability insurance, the insurance policies shall provide in their text or
shall be specifically endorsed to name the LOCAL AGENCY, its officers, agents,
employees, and volunteers, as additionally named insureds under the policies, and to provide
that the insurance shall be primary with respect to any insurance or coverage maintained by
LOCAL AGENCY and shall not call upon LOCAL AGENCY's insurance or coverage for
any contribution.
CONSULTANT shall provide to LOCAL AGENCY's Project Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) text from the insurance
policies or the endorsements as specified in Subparagraph B(2).
The insurance policies shall provide that the insurance carrier shall not cancel, terminate or
otherwise modify the terms and conditions of said insurance policies except upon ten (10)
days written notice to LOCAL AGENCY's Project Manager.
If the insurance is written on a Claims Made Form, such policy shall be retroactive to, or
prior to, the effective date of this Agreement, and CONSULTANT shall maintain the same
policy in effect for a period ending not than less than five years following termination of this
Agreement. CONSULTANT shall also continue to provide LOCAL AGENCY with
Certificates of Insurance evidencing the insurance coverage required herein, and showing
the retroactive date required herein, for five years after substantial completion of services. If
coverage is canceled or non -renewed, it shall be replaced with another claims -made policy
form with a retroactive date of or prior to the effective date of this Agreement, or else
CONSULTANT must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of work.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the
effective date of this Agreement.
The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and
the LOCAL AGENCY Attorney.
C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's
liability insurance, as required by the State Labor Code and other applicable laws and regulations, and
as necessary to protect both CONSULTANT and LOCAL AGENCY against all liability for injuries to
CONSULTANT's officers and employees.
D. Any deductibles or self-insured retentions in CON, SULTAN" T's insurance policies must be declared to
and approved by the LOCAL AGENCY's Risk Manager and the LOCAL AGENCY Attorney. At
LOCAL AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL.
AGENCY shall be reduced or eliminated to LOCAL AGENCY's satisfaction, or CONSULTANT shall
procure a bond guaranteeing payment of losses and related investigations, claims administration,
attorney's fees and defense expenses.
ARTICLE KY OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, pians,
specifications, and estimates produce as part of this contract will automatically be vested in the
Page 10 of 15
ua.
LOCAL AGENCY, and no further agreement will be necessary to transfer ownership to the LOCAL
AGENCY. The CONSULTANT shall furnish the LOCAL AGENCY all necessary copies of data
needed to complete the review and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable form, are intended for one-time use in the construction of the project for which this
contract has been entered into.
C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the LOCAL AGENCY of the machine-readable information and data
provided by the 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 LOCAL AGENCY of the
project documentation on other projects for additions to this project, or for the completion of this
project by others, except only such use as many be authorized in writing by the CONSULTANT.
D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be
included in the Agreements as appropriate.
E. The LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights
are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive
and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work
for government purposes.
F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the
provisions of this Article.
ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's
personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to
make its personnel available for consultation with the LOCAL AGENCY'S construction contract
administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration
proceedings.
B. CONSULTANT's personnel that the LOCAL AGENCY considers essential to assist in defending
against construction contractor claims will be made available on reasonable notice from the LOCAL
AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that
are being paid for the CONSULTANT's personnel services under this agreement.
C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction
contractor claims will be performed pursuant to a written contract amendment, if necessary. extending
the termination date of this agreement in order to resolve the construction claims.
D. An) subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the
provisions of this Article.
ARTICLE XXII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to the LOCAL
AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made
Pa_e 11 of 15
available to the CONSULTANT in order to carry out this contract, shall be protected by the
CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the LOCAL AGENCY
relating to the contract, shall not authorize the 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
contract or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff,
CONSULTANT's own personnel involved in the performance of this contract, at public hearings or
in response to questions from a Legislative committee.
D. 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 contract without prior review of
the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written
permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this
Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by the
CONSULTANT to any entity other than the LOCAL AGENCY.
ARTICLE XXIH NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states under penalty
of perjury that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the CONSULTANT within the immediately preceding two-year period, because of
the CON'SULTANT's failure to comply with an order of a federal court that orders the CONSULTANT
to comply with an order of the National Labor Relations Board.
ARTICLE XXIV EVALUATION OF CONSULTANT
The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of the
evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments
shall be retained as part of the contract record.
ARTICLE XXV STATEMENT OF COMPLIANCE
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 has, unless exempt, complied
with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2,
California Administrative Code, Section 8103.
ARTICLE XXVI DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein. shall constitute a certification under penalty of
perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49,
Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that
lie./she or any person associated therewith in the capacity of owner, partner, director, officer, or
nana_er, is not currently under suspension, debarment, volLlntary exclusion, or determination of
Pa -12 of 15
b
ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or
determined ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it
by a court of competent jurisdiction in any matter involving fraud or official misconduct within the
past three (3) years. Any exceptions to this certification must be disclosed to the LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered
in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply,
initiating agency, and dates of action.
ARTICLE XXVII STATE PREVAILING WAGE RATES
A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate
requirements in accordance with California Labor Code, Section 177, and all federal, state, and local
laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public
works, shall contain all of the provisions of this Article.
ARTICLE XXVIII CONFLICT OF INTEREST
A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL
AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL
AGENCY construction project. The CONSULTANT shall also list current clients who may have a
financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction
project, which will follow.
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 contract, shall contain all of the
provisions of this Article.
D. The CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with the
CONSULTANT will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this contract. An affiliated firm is one, which is
subject to the control of the same persons through joint -ownership, or otherwise.
E. Except for subcontractors whose services are limited to providing surveying or materials testing
information, no subcontractor who has provided design services in connection with this contract shall
be eligible to bid on any construction contract, or on any contract to provide construction inspection
for any construction proJect resulting from this contract.
ARTICLE XXIX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or
other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or
violation of this warrant. LOCAL AGENCY shall have the right in its discretion; to tenninate the
contract without liability: to pay only for the value of the work actually performed: or to deduct from the
Paje 13 of 15
contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful
consideration.
ARTICLE XXX NOTIFICATION
All notices hereunder and communications regarding interpretation of the terns of this contract and
changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid, and addressed as follows:
CONSULTANT:
CH2M HILL, Inc.
Kai Chan, Project Manager
150 Spear Street, Suite 750
San Francisco, CA 94105
LOCAL AGENCY:
City of San Rafael
Nader Mansourian, Contract Manager
111 Morphew Street
San Rafael, CA 94901
ARTICLE XXXI AGREEMENT
The two parties to this agreement, who are the before named CONSULTANT and the before named
LOCAL AGENCY, 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 perforin
in accordance with the terms and conditions of this agreement as evidenced by the signatures below.
ARTICLE XXXII NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, CONSULTANT and its subconsultantss 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 -fl, set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations. are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and 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 perforin work under the Agreement.
Pane i4 of i5
-w e:<
ARTICLE XXXIII NO THIRD PARTY BENEFICIARIES
LOCAL AGENCY and CONSULTANT do not intend, by any provision of this Agreement, to create in any
third party, any benefit or right owed by one parry, under the terms and conditions of this Agreement, to the
other party.
ARTICLE XXXIV COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising
out of the performance of this Agreement, may recover its reasonable costs (including claims administration)
and attorney's fees expended in connection with such action.
ARTICLE XXXV LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES
CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY
business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state
and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any
work performed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
ARTICLE XXXVI SIGNATURES
CITY OF SAN RAFAEL CH2M HILL, INC.
By:
NADER MAN SOURIAN _
Public Works Director Title: �� �"A ' "; � r ki f
ATTEST:
ESTHER C. BEIRNE
City Clerk
APPROVED AS TO FOR' -1:
ROBERT F. EPSTEIN
City Attorney
Page 15 of 15
CH2M HILL 's understanding of this project and familiarity with the key project stakeholders will ready the
Francisco East Project Improvements - Phase 2 Project for construction on schedule and within the City's
budget,
CHZM HILL recognizes that the City of San
Rafael (City) has worked diligently to complete
the Francisco East Project Improvements
Project, and is now ready to advance the Phase
2 project to construction. To accomplish this
objective, the City requires a team that can
provide project management, environmental
documentation, permitting assistance, and final
design services to take the project to the finish
line. The City's objective for this RFP is to have
plans, specifications and cost estimates by
February 2014; and CHZM HILL proposes a
qualified and local team to achieve this
objective for the City.
The project scope is to widen approAmately
0.75 mile of sidewalk on Francisco Boulevard
East, from Vivian Street to Grand Avenue
(beginning of the bridge crossing over San
Rafael Creek). Francisco Boulevard East is a
critical arterial street that connects Grand
Avenue to the north and provides access to
downtown San Rafael for residences south of
San Rafael Creek and east of the Highway 101
and Route 580 freeways. Motorists use East
Francisco to travel north/south through the
sa to +ex!+
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city, to access businesses along East Francisco
and often to bypass congestion at the Highway
101/Route 580 interchange. In addition, many
pedestrians and bicyclists use East Francisco to
traverse the freeway to access key destinations
throughout the city.
The cost for the project engineering and
environmental studies is 100% reimbursable
from the Federal Non -motorized
Transportation Pilot Program (NTPP); therefore,
experience working with Caltrans District 4
Local Assistance Office is critical to the success
of this work. Based on our review of the
project, the'project urgently needs Caltrans
NEPA/CEQA approval as timing is critical for the
City to take advantage of the federal funds.
Caltrans completed the environmental scoping
in March of this year, and the City needs to
complete the environmental technical memos
that are required by Caltrans' Office of Local
Assistance to process the NEPA/CEQA ,
clearance. The preliminary environmental
document classification under NEPA for this
project is a Categorical Ekcfusion (CE) and under
CEQA is a Categorical Exe`mptio.n (CE) with
001 or j:arA ae"LAY eFYd)
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C112M H11 L is familiar with the largcr contest of the Francisco East Project and is ready to progress the project to
regulatory approval and construction.
SFW31490002
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Project Understanding
required technical studies to support this
determination. Approval of the CE will allow for
the approval of the Caltrans encroachment
permit.
Our approach for this project is to assign -
available and seasoned professionals, who have
local experience, to achieve the City objectives
with the budget allocated. Our team will work
diligently to complete the environmental
technical memo while performing a
comprehensive quality review of the 95% plans
to identify any potential risks and to assist the
City to mitigate these risks to ensure the
project proceeds to advertisement and bid.
A key element of our approach is to work
closely with you to meet the project's
challenges (some of which are highlighted
below). Through an effective partnership our
team can help the City address these issues and
thereby achieve project success.
The roadway cross section is constrained by
a freeway on one side and private property
on the other side. We will be sensitive to
private property owners concerns and
design the project to minimize disturbance
to them.
The project scope does not allow for
reconstruction of the street pavement
grade and the sidewalk must conform at the
right of way line. This limits the widening of
the existing sidewalk to 8 -feet and leaves
very little flexibility to adjust the flow line
elevations along the gutter. Should more
funding become available, we will
rehabilitate the street as well as widen the
sidewalk.
Our team will closely review the drainage
design because the gutter flow line has a
relatively fiat grade and will add additional
drainage inlets if needed to collect surface
water runoff in addition to the proposed
number of drainage inlets.
• Construction easements are required for
construction of infrastructure along the
right of way line and needs to be addressed
by the City especially at the Toyota
Dealership.
EXISTING RAY
BARRIER ...rte.
EXISTING � � :}�•_..4 � �.:: ,:. � I.
CONDITIONS
WEST _ -_ - -_ - _- -- ---- EAST
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EXISTING
BARRIER� — WIN
PROPOSED
IMPROVEMENTS
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WEST I .. 4 'EAST
travel turn travel r!9 sidewalk
lane lane lane
Our detailecl understanding of 1he design lvil! aG}cw a quick project startup and no leamitig curve to tike prt, ect to
100,10/ design?
SM131400062
Tev0507130412MA0
• Numerous driveways provide access to
businesses and private properties along the
street and access must be maintained
during construction to minimize impacts.
• The specifications will need to provide
guidance on the contractor's operations to
maintain driveway access and additional
City Inspection during construction is
recommended as this is not part of the
scope of this RFP.
• Many utilities will need to be adjusted to
construct the new sidewalk including PG&E,
AT&T, Marin Municipal Water District,
Comcast, Las Gallinas Valley Sanitary
District, City, and Caltrans facilities. This is a
project risk that needs to be addressed as
we proceed to the construction phase.
• The roadway profile is relatively flat with
pavement undulations due to differential
settlement which is not part of the scope.
However, we will be glad to assist the City
with pavement rehabilitation solutions.
• We will help the City with permit review
and approval process as East Francisco
Boulevard between Harbor Street and
Grand Avenue is within Caltrans rights of
way.
• As Caltrans and the City jointly own the
rights of way on East Francisco Boulevard,
future maintenance of the improved street
will need to be addressed between the City
and Caltrans. If desired, we could help
facilitate the agreement with Caltrans.
• Our 100% PS&E will address impacts
associated with existing street lighting,
driveway, landscaping, drainage,
underground utilities and infrastructure,
fire hydrants, signs, and other existing
sidewalk features. This will be addressed in
our design.
• The pavement along East Francisco
Boulevard is in poor condition and would
benefit from some pavement rehabilitation.
Our team has expertise in this area and can
assist the City should this s added to the
protect scope.
S=OM149d.0?2
IS,305 Y13v141MAO
Project Understanding
• We will address and update the sidewalk to
meet ADA standards.
The posted design speed for East Francisco
Boulevard should also be reviewed to
maximize safety, and we can provide a
recommendation and work with the City to
assess this design issue. It is important that
we keep stakeholders informed of the
project as many bicyclists and pedestrians
use East Francisco Boulevard to travel north
and south and to access.Bellum Boulevard
to cross under the US 101.
Local businesses along East Francisco
Boulevard will need to be kept informed of
the project to reduce conflicts during
construction, CH2M HILL can provide this
assistance after the project is advertised as
an additional service:
The car dealerships along Francisco East use
the median left turn lane to park their
transport trucks to make deliveries and
pick-ups. It is important that we coordinate
with them and keep them informed of the
progress of the construction to minimize
disturbance to their operations. We will
factor this into the preparation:of the
construction documents:
CH2M HILL structural_ engineers can assist
the City if funding is. available to further
extend pedestrian and,blcycle facilities
beyond the Grand Avenue Oridge over San
Rafael -Creek to provide connectivity"to the
bike facilities to the north and downtown.
• We will complete the 100%.PS&E using
AutoCAD 2009, and we will comply with:
— American with Disabilities Act (ADA)
— California Manual of Uniform Traffic
Control Devices (CAMUTCD), 2010
— Caltrans design/traffic guidelines
— Caltrans Local Assistance Procedure
Manual (LAPM)
— Caitrans' encroachment permit process
m2NHILL's project approach relies on experienced staff who will qulcKly and cost ettectivety review
documents and develop the 100% design and environmental documentation.
Task 1 - Project Management and
Coordination
CH2M HILL has provided engineering and
environmental services to a variety of clients in
the Bay Area including Caltrans District 4 (on -
Call Environmental, Design, and Claims
contracts), Santa Clara
Valley Transportation
Authority (Santa -Clara
Alum Rock BRT) and the
City of San Jose (three
on-call City Trails
contracts). We know
from our experience
that a project with a
limited budget requires
a focused, committed,
and qualified team that
will work seamlessly
together to deliver the
project. Therefore, we
have assembled a team
specially tailored to this
project and comprised
of engineers and
environmental
specialists that will
respond quickly to
deliver the precise
Kai Chan, PE, PMP a senior manager and
Project Management Professional (PMP) will
serve as our team's project manager and single
point of contact between the City and our
team. He brings his 21 plus years of Calirans
District 4 experience as a Caltrans manager and
over ten years of consultant experience
delivering transportation
Selecting the CH210 HILL team brings the projects for various clients
City the following key benefits, in the Bay Area. He is
• A qualified project manager that has
experience working with Caltrans District
4, and the management and technical
skills needed to deliver quality services
• Key staff that have a successful history
of delivering similar projects on time and
within budget
• Highly skilled design and environmental
professionals with recent and on-going
Caltrans expertise
• A solution -driven team with the ability
to work with multiple stakeholders and
agencies to both expedite and
implement feasible innovative design
solutions
on-going work progress in
• Ample staff resources available to person•or by phone to
deliver quality products on schedule minimize project cost. Kai
widely respected at
Caltrans and has the
ability to work with
Caltrans staff to deliver
successful projects.
Effective communications
and strong working
relationships are vital to
the successful execution
of this project. To ensure
effective communication,
Kai's approach is to
communicate weekly with
the City Project Manager
and other staff to review
services needed by the City for this project.
CH2M HILL has augmented our technical
resources by adding Y&C Transportation
Consultants (Traffic Signal/Electrical) and
Merrill Morris Partners (Landscape
Architecture) to the team which enable the
CH2M HILL team to exceed the targeted
Disadvantaged Business Enterprise (DBE) goal
of 7.71% for this project. Our projected DBE
participation is 12.5 %.
SF&I314 2
7801Y)Q7i3434123BA0
- �--- will also provide advice
and report on team progress, expenditures, and
review the project risk plan with the City
Project Manager. This will be by a short phone
call or email communication. He will also
address issues, provide recommendations, and
resolve issues to keep the project on track.
Proactively identifying potential project issues
and task assignments enables us to mobilize
quickly to respond to the City.needs and make
corrective actions. Kai will be accessible to the
ra
Project Approach
DH25NHILL's Project System will expedite project
completion and eliminate
We commit to:
• formal and informal that
nm%York asmteam to achieve all project and
program goals.
* Frequent and accurate communicationWN
the City Nkeep its managers apprised of
progress throughout the project.
Embedded vAthhhmPDS are other hmb'and
systems that support our management approaches,
including integrated project controls (e.g., scope,
cost, and schedule), procurement and accounting
functions, and quality health and safety programs,
The PDS process consists of several steps'.
~ PnjertPhmning—OuoDms the City's vision,
develops odelivery approach, and mmfirnothe
budgetary and schedule requirements, Upon
contract aviard Kai vAll meet YAth the City to
define the project and prepare for the Initial
*
Create Project Management Plan and
Instruciony—Kai and his task leads 00
develop these documents, vihfch Include
developing the cost and schedule, pro*t
assignments, chain of communications, and
0A1QC plans. These documents are updated
throughout the project development.
Team Chartering — Develops the mission,
vision, goals, rules, responsibilities, 0 requirements with our team and the City. Kai
and project
WMI09 Wit assemble the project team, including City
staff, to hold a charteringliniftafion meeting
, �here ive %�fl convey our mutual project objectives and expectations, including
cost, schedule, and quality so that individual buy -in is obtained from all team
City and will beworking out ofCHZ&48(LL's
Oakland office, next door UzCaltrans District 4
and only 20minutes from the City office inSan
Rafael.
Maintaining Quality Control
Quality is paramount toCH2MHILL. Kai has
assigned Bina Potter, PE, anQA/QC Manager to
ensure that the team follows CH2K4 H!L[s
QA/QC process. She will oversee the task leads'
work and report toKai regularly throughout the
project.
With a proven successful track
record, CH2W1H|0ocommitted to
providing qualitydocuments and
quality service. VVestrive for
successful projects, and believe in
ensuring that our designs and
documents meet appropriate
standards ofaccuracy and
cmnnp|eteMess—andVvebeUevein
doing itright the first time.
Errors and omissions have long
term effects onaconlpanys
reputation, enwell-as costly
implications onour liability,
insurance. Therefore, postponing
quality checking until the end of
the design process isunacceptable,
VVeare committed tuthe
performance ofquality services
and will pe[foirnmall work iD
od D��vNhth` ^�d�
accordance cn e�ro]�or
specKluqua|ft�p;ogroMmthat
includes both quaUtyc0ntrmi/{}C\
and quality assurance (O4)'
[H2MH|LL'sQA/QC policy and plan
defines prukentquality; procedures
for performing, checking and
reviewing the services based outhe
type ofassignment; standard
practice b}bemet�andprocedures
for document coniro;I�ancl record
Individuals who v«erenotinvolved in
the analysis orpreparation ofthe documents
will check all analysis and calculations, verify
that the submittal iscomplete, and that all
previous review comments vveneaddressedand
appropriate actions taken. The [}Cprocess
includes submission of completed document
for impartial review against crifeha, standards,
and professional precUce.,Upci' completion of
the review, the comments are i discussed and
reconciled before the document iyupdated and
independently back checked toensure all
SMuxwCOo'
76Gmn301412313A0
Plan
completion and eliminate
We commit to:
• formal and informal that
nm%York asmteam to achieve all project and
program goals.
* Frequent and accurate communicationWN
the City Nkeep its managers apprised of
progress throughout the project.
Embedded vAthhhmPDS are other hmb'and
systems that support our management approaches,
including integrated project controls (e.g., scope,
cost, and schedule), procurement and accounting
functions, and quality health and safety programs,
The PDS process consists of several steps'.
~ PnjertPhmning—OuoDms the City's vision,
develops odelivery approach, and mmfirnothe
budgetary and schedule requirements, Upon
contract aviard Kai vAll meet YAth the City to
define the project and prepare for the Initial
*
Create Project Management Plan and
Instruciony—Kai and his task leads 00
develop these documents, vihfch Include
developing the cost and schedule, pro*t
assignments, chain of communications, and
0A1QC plans. These documents are updated
throughout the project development.
Team Chartering — Develops the mission,
vision, goals, rules, responsibilities, 0 requirements with our team and the City. Kai
and project
WMI09 Wit assemble the project team, including City
staff, to hold a charteringliniftafion meeting
, �here ive %�fl convey our mutual project objectives and expectations, including
cost, schedule, and quality so that individual buy -in is obtained from all team
City and will beworking out ofCHZ&48(LL's
Oakland office, next door UzCaltrans District 4
and only 20minutes from the City office inSan
Rafael.
Maintaining Quality Control
Quality is paramount toCH2MHILL. Kai has
assigned Bina Potter, PE, anQA/QC Manager to
ensure that the team follows CH2K4 H!L[s
QA/QC process. She will oversee the task leads'
work and report toKai regularly throughout the
project.
With a proven successful track
record, CH2W1H|0ocommitted to
providing qualitydocuments and
quality service. VVestrive for
successful projects, and believe in
ensuring that our designs and
documents meet appropriate
standards ofaccuracy and
cmnnp|eteMess—andVvebeUevein
doing itright the first time.
Errors and omissions have long
term effects onaconlpanys
reputation, enwell-as costly
implications onour liability,
insurance. Therefore, postponing
quality checking until the end of
the design process isunacceptable,
VVeare committed tuthe
performance ofquality services
and will pe[foirnmall work iD
od D��vNhth` ^�d�
accordance cn e�ro]�or
specKluqua|ft�p;ogroMmthat
includes both quaUtyc0ntrmi/{}C\
and quality assurance (O4)'
[H2MH|LL'sQA/QC policy and plan
defines prukentquality; procedures
for performing, checking and
reviewing the services based outhe
type ofassignment; standard
practice b}bemet�andprocedures
for document coniro;I�ancl record
Individuals who v«erenotinvolved in
the analysis orpreparation ofthe documents
will check all analysis and calculations, verify
that the submittal iscomplete, and that all
previous review comments vveneaddressedand
appropriate actions taken. The [}Cprocess
includes submission of completed document
for impartial review against crifeha, standards,
and professional precUce.,Upci' completion of
the review, the comments are i discussed and
reconciled before the document iyupdated and
independently back checked toensure all
SMuxwCOo'
76Gmn301412313A0
comments were adequately addressed and that
needed revisions were made. The QA/QC
Manager will review the documents tocheck
that they are complete, the procedures were
followed, and that the review was performed.
Key Task
Kai has identified two
task leads: Glenn
k0wmmrekPE(Design)
and Loretta Meyer,
A|CP(EnvinonnnentaU.
They will work with e
select group oftechnical
staff tmquickly and cost-
effectively 0naUzethe
design and prepare the
project for construction,
Glenn and Loretta are
backed byover 1,4O0
staff iDCalifornia who
can bedeployed es
needed for this project
Vrany other services
needed bythe City.
These resources include
NEPA specialists,
engineers, and
technicians exclusively
dedicated to
transportation planning,
permitting, design and
construction
administration.
Project Management Plan .
and Coordination
Key Yothe successful `
completion mfa
onschedule and within '
budget isawell-conceived project management
plan implemented bvacommitted project
manager. Ka/smanagement approach iobased
on, other successful projects, using time -proven
Project Approach
management and administrative systems
developed toenhance communication between
the City and our project team members,
Exhibit 1summarizes CHJW1 HIL[sProject
Delivery System (PD5),our process for
successful project delivery.
From our ourexperience working with
we have developed a team
/
approach to deliver projects. Key �mlenemts
���
�
. ��
�
' *
Proactive planning —vuorkvvithCa%rans
� toclearly understand their
requirements, and help them with risk
�
management and identifying scope
�
issues that would delay aproject
'p
|
�
m
*
Teamwork and partnering to resolve
projectisoumn—perhxerwithCaltranoto
develop teamwork that will befostered
throughout our interaction with Caltrans
staff toresolve project issues,
Open communication and
underotmndingmmquiremnemts—Define
project tasks to ensure team members
understand requirements and delivery
schedules.
Commitment tmproviding quality
deQvexableawmschedwle—QeUvera
quality and complete product mM
schedule toCaltrans thereby avoiding
delays the approval process.
Project sthedu|ingmndbmdgetoomtrol—
Providea clear project schedu|eforthe
team and asinformation for Caltrans so
that they could plan their resource to:
review our submittals.
�Tndeliver quality .
products for you, Kai has
mapped out the detailed
project scedu|ewiththe
tasks that will beused bv
the team asa road.map to
success. All the team
members are strong
communicators and will
work well with City staff
hnaddress p 'ect|ssues
before they become a
problem.
Atour team kick off
meeting, -we will
thoroughly discuss our
O ^ect |anandscheduhe
with the City PK4 and staff
boestablish clear
communication and
ensur6a6nheokxeteam
bU*
mee tirig will have an
agenda and , CH2M HILL
will prepare meeting
minutes for the City's
review. Project
req uirements8re -
identified using avarket/
of techniques, including:
listening to your project
manager, resolving
unclear directions and/or requirements and
restating them osasecond point ofreference,
and establishing clear lines -of communication.
These project guidelines. along with quality
nnuumW2 o
Project Approach
control, communication, budget, schedule, and
standards, are part nfthe Project Management
Coordination, Communication and Integration
Aproject partnership with "no surprises"
requires shared understanding and
expectations. Regularly scheduled progress
meetings will keep the City Project K4gna8er
up'to'dateregarding the project appnoochmn
strategy, potential Issues, schedule and budget
status, and consultant performance, Tools such
asagendas, action lists, and meeting
summaries assure that time |xspent
productively and action items are documented
and handled efficiently and donot "fall through
the oraoku."This encourages focus, continuity
and accountability—vital ingredients for
delivering aproject e8OCiendyand
expeditiously,
CH2M HILL Team Communication
Kai has found that weekly coordination
meetings/conference calls with team leaders
and other key members are excellent for
coordinating work efforts, identifying issues,
and disseminating pertinent project
information. City team members are
encouraged tuparticipate inthese
meetings/conference calls tuprovide additional
guidance and input onthe project issues and to
Support the coordination and oversight mfthe
project. The information shared in these
meetings isthe backbone ufour team's
success. Data tracking logs and action item lists
are some ofthe basic tools that help us
distribute pertinent information toprevent
unnecessary schedule delays. CH28AHILL uses a
Common Operating Environment (COE}that
allows all employees inall offices tm
communicate and exchange files with no
translation requirements.
10
Budget and Schedule Control
Project control is an essential too|that makes
good project management possible. 8y
developing and maintaining anaccurate project
schedule, and tracking and reporting
expenditures versus physical percent complete,
Kai and Hunter can have asnapshot nf'he
project's health and performance atany time.
While itioessential tomanage the work within
the financial and schedule constraints, itis
sometimes harder than itseems. There are a
variety mfrisks that challenge. oproject's budoet
orschedule like: scope creep, expanded
schedule duration, unclear n[delayed d|rgotion,
and lack ofconsensus. Kai |sultimately
responsible for managing these elements. He
will monitor cost information such Oscurrent
period coats, cosLs'to'datevs. budget, percent
budget expended, and most Importantly —
physical percent complete tofacilitate his
management ofthe project. : /
Deliverables:
Project Schedule
'
Meeting Agenda and Minutes
Task 2— Preliminary Studies and
`
Research
CH3K4HILL will prepare a[nVk/fnndm|analysis
for the project oU ||dertifvmeodsand provide
recommendations. The analysis will identify the
travel route used bv pedestrianand bicyclist,
with inthe project limits, and the bus routes
that utilize East Francisco Boulevard. The report
will beaconcise and readable.documentthat
the City can use for future planning. Tobe
prudent with the project budget, Kai will meet
with the City Project K4on$8erpMorUnstarting
work todiscuss the work scope/budget and
outline the report toensure that the product
will meet the City's expectations
Multi -Modal Analysis Report
,ovoxs��'
Task 3 - Design
Both Kai Chan and Glenn K8anorekhave worked
mnthe US1O1/-680Connector Project for the
Transportation Authority ofMarin, and they are
familiar with the East Francisco East Phase 1
project and know the p'ect area. Together
they will use their knowledge todoothorough
review nfthe 95%plans, specification and
estimate and complete Phase 2ufthe
improvements OnEast Francisco Boulevard.
In preparation for this RFP, Kai and Glen have
reviewed the project and have summarized our
approach and steps for Task 3.The CH2N4HILL
team under Glen will dothe following:
l Work with City staff 10collect all previous
project files, survey and right ofway
information, design calculations, and all
items relating tocompleting the project. 7t
|sour expectation that City has completed
all the required right ofvvmyandsurvey
work, as|twas not specified asascope
Work with City tmcollect all as-bUL
infrastructure information, and
correspondence collected from the utility
companies. CH2KHHILL will work with City
tncontact utility companies tainform them
ufthe pending project, issoe the utility
notice, and initiate coordination between
the City and the utility companies.
Perform acomprehensive QCreview ofthe
95%plans todetermine the level ofdesign
work needed totake the project tql00%,
identify issues, and assess project risks for
the City's information and use.
4, Update the construction cost estimate bu
assess the adequacy ofthe construction
budget toensure the available funding
matches the scope nfwork.
nmxnwomm
Project Approach
5. Analyze the project areas for potential
issues such asright ofway and construction
constraints and environmental issues.
6. Present the design steps needed to reach
100%, the potential project risks, and cost
estimate tothe City toverify that the
desired work bcompatible with the project
budget.
7. Coordinate with involved regulatory
agencies and support the City a1public
outreach and public forums, boexplain the
project details.
8. Complete the 100%design bvFebruary
2014,
9. Produce plans printed wn22°x34,
signed bvalicensed California engineer,
ready for bid .
10. Complete the PS&E checklist for submittal
to Caltrans
I1 - Coordinate with CaltransytaffandDistrict4
Encroachment Off Ice to obtain the permit
for the .`
The following section includes adetailed
project schedule thatincorporates
'dlet5sks
described |nthis section.
Deliverables: .
,
m Outreach K4erdng.4gflaaDdK4inutes
• One'set of Pre -Final PS&t for City
review
One set wfFinal PSfkE(hard and
electronic copy)
Task 4 - Environmental Compliance
Our team approach isbased onthe Cahrans
Preliminary Environmental Studies /PFS\form,
and wewill rely onthis toproduce the
environmental technical memos required bv
Caltrans to issue NEPA Categorical Exclusion
and CEQACategorical Exemption, |twill `include
meetings with Boris DeuRert,Hugo AhurDaDda/
Project Approach
Maureen ZogQtoreview the comments made
inthe PES form and toclearly determine
Caltrans requirements >nthe environmental
technical memos. VVewill work toefficiently
and cost effectively produce the environmental
technical memo for submittal hmthe City,
For over the last decade, CH2MH/LL has
delivered consultant services on a series of on-
call environmental contracts with Caltrans
District 4.Due toour relationships with
Caltrans environmental professionals, our
office adjacency and our ability tmdeliver
quality work, CH2W1HILL was recently awarded
(early 2023)another on-call environmental
contract for another three year period. CHZN4
HILL has strong working relationships with
Yolanda Rivas, many ofthe Caltrans
environmental technical reviewers, and other
Caltrans functional unit staff and isuniquely
qualified toprovide the environmental services
tothe City onthis project.
CH2p4H|LL'uOakland office ks located just next
door toCaltrans District 4,and our presence
benefits many nfour clients ayvveare able b}
strengthen our relationship and technical
communication with Caltrans bodeliver
projects for our municipal and self-help county
The environmental technical memos are
expected horequire minimal work, while others
will bemore extensive, Since vvehave the 9596
plans, vvewill work oncompleting the
environmental technical memos assoon as
possible upon receiving the Notice toProceed
(NTP).This will bedone concurrently with the
design team working 0ncompleting the 1UO96
PS&E.However, our team will work
collaboratively tomonitor the progress on
both the environmental side and design side |n
order tmidentify and minimize any potential
changes that could impact the 1O8%9S8'E.
Based oOCaltrans comments onthe PES, we
are prepared bzproduce the following technical
memos in response toCaltrans' March 11, 2013
*
Traffic Handling and Construction Staging
Dlenn0 will address traffic volumes on Ea5t
Francisco Boulevard and traffichnndUng
during construction. Caltrans expects
information ontraffic handling and its
effects qnthe Caltrans facility; construction
traffic plan, equipment staging, and any
impact associated with loss ofparking and
the relocation oftraffic poles. .
Air Quality memo will comply with the
Clean Air Act (CWA) which requires that
federally supported activities must conform
tothe State Implementation Plan (Sy9),
whose purpose isthat ofattaining and
maintaining the 0ationa|`Am*bientAir
w
Hazardous Materials memo will include
discussion onwhether there are any signs
of past oFpresent hazardous materials or
waste uses, V[any known hazardous
materials within orinornediatm|yadjacent to
the construction area. |fnecessary, anISA
will heconsulted tudetermine (fpast Or
present hazardous orwaste n1ater|6|sare
potentially present 0no/adjacent tothe
project site.
Water Quality memo will include a
discussion 0fBest Management Practices
(8K8P)during construction and will
incorporate CVVArequirements. The CWA
protects the chemical, physical and '
biological integrity ofthe Nation's waters b«
regulating discharges ofpollutants into
waters n[the U.S.Section 4O1ufthe CWA
requires awater quality certification from
the State orRegional Water Quality Control
Board when aproject requires afederal
x�mm�mm�
n
Project Approach
license or permit and will result in a
discharge into waters of the U.S. Section
402 of the CWA'establishes a permitting
system for the discharge of any pollutant
into waters of the U.S. A National Pollutant
Discharge Elimination System (NPDES)
permit is required for all point discharges of
pollutants to surface waters,
• Location Hydraulic Study & Summary
Floodplain Encroachment Report
• Right of Way memo will address impacts on
right of way
* Community Impacts memo will discuss
impacts to parking and driveways
0 Biological memo will describe the Impact
on existing trees and the impact on
migratory birds from the removal of trees
with nests.
• Cultural Resource memo will include
discussion about the Area of Potential
Affect (APE) map, Historic Property Survey
Report (HPSR), and the Archaeological
Survey Report (ASR). For this project, an
APE will be developed and agreed to by
Caltrans. Following the APE map, a records
search will be conducted for potential
Historic Properties and an HPSR and ASR
will be prepared.'
Deliverables:
• Preliminary Environmental Technical
Memos
• Final Environmental Technical Memos
• Final NEPA- CE/CEQA-CE for City
submittal to Caltrans
SF0031491CV02 13
TRGC-�OPM412SAO
qgt
EXHIBIT 1
Cost Estimate By Task
1, Project Management $22,346,119
2. Preliminary Studies and Research $4,910,87
3. Design (Complete 100"/6 Design) $1102,1933.65
4. Environmental Compliance $53,811.73
Total $184,002.44
T 83350" 111,01 , 4123SAO