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HomeMy WebLinkAboutCC Resolution 12474 (Federal Lifeline Transportation Program)RESOLUTION NO. 12474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN FOR THE FEDERAL LIFELINE TRANSPORTATION PROGRAM (CANAL STREET PEDESTRIAN ACCESS AND SAFETY IMPROVEMENTS) IN THE AMOUNT OF $36,680. WHEREAS, The regional Lifeline Transportation Program (federal funding program) is intended to fund projects that result in improved mobility for low- income residents of the nine San Francisco Bay Area counties; and WHEREAS, Transportation Authority of Marin and City of San Rafael developed Community Based Transportation Plan for the Canal neighborhood in 2006, which was funded by the Metropolitan Transportation Commission, and the plan assigned very high priority to pedestrian facility improvement projects as the Canal neighborhood is a community that generates a high number of pedestrian trips; and WHEREAS, the City applied for federal Lifeline Transportation Program funding for pedestrian -related improvements at four intersections on Canal Street in the Canal neighborhood and funding request was of $240,000 for the construction phase of the project (total project cost was estimated at $355,000); and WHEREAS, the proposed project is designed to address high priority issues identified in the transportation plan; and WHEREAS, the City staff found that design services from qualified consultant will be required for this project; and /)-C('* 4 WHEREAS, the City followed the federal standard procedures for selection of eligible and most qualified consultant using the `Two Step RFQ/RFP' process; and WHEREAS, the most qualified consultant team is Alta Planning + Design, with a fee in the amount of $36,680 (technical proposal attached as Exhibit A). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that it 1) approves the Professional Scope of Services for Alta Planning + Design; 2) authorizes the Public Works Director to enter into a Professional Services Agreement with Alta Planning + Design, in an amount of $36,680 for professional services listed in Exhibit A, in a form to be approved by the City Attorney; and 3) authorizes the Public Works Director to take all necessary actions to complete the project. 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 21" day of April, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.10.14 CITY OF Mayor aftAlbert J. Boro Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller Department of Public Works (415) 485-3355 Fax (415) 485-3334 PROFESSIONAL SERVICES AGREEMENT FOR `CANAL STREET PEDESTRIAN ACCESS AND SAFETY IMPROVEMENTS' PROJECT UNDER FEDERAL LIFELINE TRANSPORTATION PROGRAM ARTICLE I INTRODUCTION A. This contract, dated effective September 4, 2008, 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: Alta Plannins + DesiRn 707 C Street San Rafael, CA 94901 Incorporated in the State of California The Project Manager for the "CONSULTANT" will be Michael G. Jones, Principal. The name of the "LOCAL AGENCY" is as follows: Citv of San Rafael 111 Morphew Street San Rafael, CA 94901 The Contract Manager for the LOCAL AGENCY will be Nader Mansourian. B. The work to be performed under this contract is described in Article H entitled Statement of Work and the approved CONSULTANT's Proposal dated December 3, 2007. The approved CONSULTANT's Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Proposal and this contract, this contract shall take precedence. C. When the services to be provided under this Agreement are "design professional" services to be performed by a design professional CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless LOCAL AGENCY, and its employees, officials, agents and volunteers ("Indemnified Parties") for all claims, demands, costs or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of LOCAL AGENCY. Other than in the performance of professional services by a design professional and to the full extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless LOCAL AGENCY and any Indemnified Parties, from and against any liability, (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, reasonable attorneys fees and expert witness fees), where same arises out of the performance of this Agreement by CONSULTANT, its officers, employees, agents, 111 Morphew St., P. O. Box 151560, San Rafael, CA 94915-1560 and sub -consultants, excepting only that resulting from the sole negligence, active negligence or intentional misconduct of LOCAL AGENCY, its employees, officials, or agents. D. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this agreement, shall act in an independent 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 perforin the covenants herein contained at the time and in the manner herein provided. In the event 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 agreement is not assignable by CONSULTANT either in whole or in part. 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 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 Detailed services which the CONSULTANT shall provide under this agreement are described in the approved CONSULTANT's Proposal (Attachment 1). ARTICLE III PERFORMANCE PERIOD A. This contract shall go into effect on September 4, 2008, contingent upon approval by the LOCAL AGENCY, and the CONSULTANT shall commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager. The contract shall end on February 28, 2009, unless extended by contract amendment. 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 IV ALLOWABLE COSTS AND PAYMENTS A. For the full performance of the services described herein by CONSULTANT, the LOCAL AGENCY shall reimburse the CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown in the attached CONSULTANT's Cost Proposal. B. The CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will the CONSULTANT be reimbursed for overhead costs at a rate that exceeds the LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that the LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal 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 work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved CONSULTANT's Proposal. D. CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Manager before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. 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 V Termination. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of itemized invoices. Invoices 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 as applicable. Invoices shall reference this contract number and project title. The final invoice must contain the final cost and all credits due the LOCAL AGENCY including any equipment purchased under the provisions of Article XVII 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/Nader Mansourian 111 Morphew Street San Rafael, CA 94901 H. The total amount LOCAL AGENCY shall pay to CONSULTANT shall not exceed $36,680.00. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by the LOCAL AGENCY's Contract Manager. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 0 I. All subcontracts in excess of $25,000 shall contain the above provisions. ARTICLE V TERMINATION A. Discretionary. Either party may terminate this agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all LOCAL AGENCY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this agreement, shall be delivered to the LOCAL AGENCY as soon as possible, but not later than thirty (30) days after termination. ARTICLE VI DELAYS AND EXTENSIONS As described in Article VIII, this agreement provides for an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. 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 may be amended to reflect any reduction in funds. D. The LOCAL AGENCY has the option to void the contract under the thirty (30) day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds. 4 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 listed in the approved Proposal, which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager. D. This agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work; if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work shall be established by a written contract amendment to accommodate the changes in work. ARTICLE IX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION CONSULTANT must give consideration to DBE firms as specified in 23 CFR 172.5(b), 49 CFR Part 26, and in Exhibit 10-I "Notice to Biddersl'Proposers Disadvantaged Business Enterprise Information" and in Exhibit 10-J "Standard Agreement For SubcontractowDBE Participation ". Exhibit 10-I NOTICE TO BIDDERS/PROPOSERS DISADVANTAGED BUSINESS ENTERPRISE INFORMATION A. TERMS AS USED 1N THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "bidder" also means "proposer" or "offerer." • The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. B. AUTHORITY AND RESPONSIBILITY 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 Contractor 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 bidder/proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. 2. Bidders/Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. C. SUBMISSION OF DBE INFORMATION I. "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information" form will be included in the Agreement documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. D. DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: 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. 3. 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. 4. 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. 5. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. 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. RESOURCES 1. 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. Bidder/Proposer may call (916) 440-0539 for web or download assistance. 2. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http:,I/www.dot.ca.gov/hq/bep/ • Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (UCP) located on the first line in the center of the page • Click on Click To Access DBE Query Form • Searches can be performed by one or more criteria • Follow instructions on the screen • "Start Search," "Requery," "Civil Rights Home," and "Caltrans Home" links are located at the bottom of the query form 3. How to Obtain a List of Certified DBEs without Internet Access DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans N Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. F. WHEN REPORTING DBE PARTICIPATION, MATERIAL OR SUPPLIES PURCHASED FROM DBES MAY COUNT AS FOLLOWS: 1. If the materials or supplies are obtained from a DBE manufacturer, one hundred percent of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. 2. If the materials or supplies purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies toward DBE participation. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. 3. 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. 4. 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. G. WHEN REPORTING DBE PARTICIPATION, PARTICIPATION OF DBE TRUCKING COMPANIES MAY COUNT AS FOLLOWS: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. 2. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. 3. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. 5. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. 7 6. For the purposes of this Section 4, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Exhibit 10-J STANDARD AGREEEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION A. Subcontractors I . Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. 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 subcontractors. 3. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. 4. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. B. Disadvantaged Business Enterprise (DBE) Participation I . This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. 2. DBE and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Contractor to carry out these requirements is a material breach of this Agreement, which may result in the tennination of this Agreement or such other remedy as the recipient deems appropriate. 3. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. C. Performance of DBE Contractors and other DBE Subcontractors/Suppliers A DBE perfonns a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the 8 amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. 3. If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. D. Prompt Payment of Funds Withheld to Subcontractors 1. No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime contractor or subcontractors is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non - DBE prime contractors and subcontractors. 2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. E. DBE Records The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each 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 Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprises (DBE)," CEM -2402F (Exhibit 17-F in Chapter 17 of the LAP), certified correct by the Contractor or the Contractor's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)"is submitted to the Contract Manager. a. Prior to the fifteenth of each morth, the Contractor shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. GJ b. The Contractor shall also submit to the Agency's Contract Manager documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans"Monthiv DBE Truckiniz Verification, CEM -2404(F) form provided to the Contractor by the Agency's Contract Manager. F. DBE Certification and De -certification Status I f a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de -certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. When Re artin DBE Particivation,Material or Supplies vurchased from DBEs may count as _ follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. 2. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and regularly sold or ]eased 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 items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. 3. 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. 4. 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. ARTICLE X RETENTION A. No retainage will be withheld by the Agency from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subcontractors is prohibited, and no retainage will be held by the CONSULTANT from progress due subcontractors. Any violation of this provision shall subject the violating CONSULTANT or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available Is to the CONSULTANT or subcontractor in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE CONSULTANTS and subcontractors. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. ARTICLE XI COST PRINCIPLES 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 allowability of cost individual items. 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 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 XII CONTINGENT FEE fhe 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 XIII 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 XIV DISPUTES A. Any dispute, other than audit, concerning z 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 LOCAL AGENCY's Public Works Director and CONSULTANTS's Managing Principal, 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 LOCAL AGENCY GOVERNING BOARD of unresolved claims of 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 will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract. ARTICLE XV AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the LOCAL AGENCY'S CHIEF FINANCIAL OFFICER. B. Not later than thirty (30) days after issuance of the final audit report, the CONSULTANT may request a review by the LOCAL AGENCY'S CHIEF FINANCIAL OFFICER of unresolved audit issues. The request for review will be submitted in writing. U, 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 XVI 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 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 sub -contractors must be approved in writing by the LOCAL AGENCY's Contract Manager. ARTICLE XVII 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. X B. For purchase of any item, service or consulting work not covered in the CONSULTANT's 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 Iwo 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 mutually agreeable to by the LOCAL AGENCY 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 LOCAL AGENCY." All subcontracts in excess $25,000 shall contain the above provisions. ARTICLE XVIII INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA to review and inspect the project activities and fres at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XIX 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. a] ARTICLE XX INSURANCE A. During the term of this agreement, CONSULTANT, shall maintain, at no expense to LOCAL AGENCY, the following insurance policies: I. 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. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence. 3. 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 ($1,000,000) 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 by Article XX, Section A, shall also meet the following requirements: I . 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. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the LOCAL AGENCY, its officers, agents, and employees as additionally named insureds under the policies. 4. CONSULTANT shall provide to LOCAL AGENCY, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming LOCAL AGENCY, its officers, agents and employees, as additional insureds under the policies. 5. 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 thirty (30) days written notice to LOCAL AGENCY. 6. if the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five (5) years. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by LOCAL AGENCY and the City 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 LCOAL AGENCY against all liability for injuries to CONSULTANT's officers and employees. 14 ARTICLE XXI OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in the 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 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 may be authorized, in writing, by the CONSULTANT. F. The LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FH WA 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. G. 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 XXII 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. 15 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 finally resolve the claims. D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE XXIII 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 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 piblicly 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 XXIV 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 CONSULTANT'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 XXV EVALUATION OF CONSULTANT The CONSULTANT's performance shall 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. Ir. ARTICLE XXVI 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 XXVII 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 he'she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to 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 XXVIII 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 1775, 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 XXIX 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 the CONSULTANT, its employees, nor any firm affiliated with the CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimates for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. E. The CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with the CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. F. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XXX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION I he 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 warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. %RTiCLE XXXI PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies to the best of his or her knowledge and belief that: No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accoraance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to 18 file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms 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: Alta Planning + Design Michael G. Jones, Principal 707 C Street San Rafael, CA 94901 LOCAL AGENCY: City of San Rafael Nader Mansourian, Contract Manager 111 Morphew Street San Rafael, CA 94901 ARTICLE XXXHI 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 triplicate between the two parties. Both of these parties for and in consideration of the payments to 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. ARTICLE XXXIV SIGNATURES ALTA PLANNING + DESIGN q Michae ones Princi u P h DATE: ' 1 " � �— 0 �' APPROVED A T6`vakm: R6bertF. Epste'i ;°City Atto ey 19 CITY OF SAN RAFAEL /10 '04 'i'4 ._ Nader Mansourian City Traffic Engineer ATTEST: . S (tc..c 12- Esther Z Esther C. Beirne, City Clerk ATTACHMENTS 20 Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant, Commissions & Fees Exhibit 10-F Certification of Consultant, Commissions & Fees CERTIFICATION OF CONSULTANT 1 HEREBY CERTIFY that I am the K tSID4.,fir cam'__ . and duly authorized representative of the firm of A it., f 1C vl vt l n-1 't` l//�� a , 7 0 whose address is 707 C 12,4,el Ch 11( 01 and that, i except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. 1 acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, bot i� criminal and civil. (Date) (Signature) Page 10-43 LPP 06-02 May 1, 2006 Local Assistance Procedures Manual EXHIBIT 10-0 Local Agency Proposer/Bidder-DBE (Consultant Contract) -Information Exhibit c Agency r ser/Bidder-DBE (Consultant Contract) Information Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information This information shall be provided by the successful Proposer/Bidder with the award document. VrPI , relindnary Engr. Kf Studies EaEnvironmental Document (Prelim Design anal Design Right of Way El Right of Way Engineering ❑Right of Way Utility Relocation E]CIuctio Co trut° n °ert_n atstructton Managementemente AGENCYI OCATIONc PROJECT DESCPTON' CONTRACT NUMBER. FEDERAL -AID PROJECT NUMBER: r01'AL CONTRACT AMOUNT rLDERAL SHARE (For local agency to complete) PROPOSAUBID DATE PROPOSER'&!BIDDER'S NAME: ,"ONTRACT ITEM OF WORK AND DESCRIPTION DBE Cert No. NAME OF DBEs' DOLLAR AMOUNT ITEM NO OR SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address TO BE PROVIDED'` and phone number) j of rrk in the "List of Subcontractors" sur ,r. with your bid pursuant to the Subcontractors recial Provisions. I Enter DB r r... '. prime and subcontractors certification number contractors indicate all work to be performed by DBEs +ing work performed by its own forces.DBE 2 If t, of r to be performed or r by DBE,describe exact portion of item to be performed or 'r by ►. Total Claimed Participation ®'o Signatureoser/Bidder M I&-ar Date (Area Code) Tel. No Personi®"�C �..._. ,.....,._., _ r _t . ntact (Please Type or Print} Cr Bidder - DBE Information (Rev 4/28/06) Distribution (I) Copy -Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon award (2) Copy - Include ,n award package to Caltrans District Local Assistance (3) Original - Local Agency files LPP 06-06 Page 10-73 November 14, 2006 .»r I A CORD,Client#; 51031 ISRPRODUCER CERTIFICA T „ ' H Professional Practice ALT insurancekers , BILITy �NsV APLA 2030 Bro Inc. n Street,RAIVCE N u Irvine, Suite 350 THIS CERTIFIC ipi ',;II ol, CA 9261 ONLY AND ATE IS ISSUED I DATE INSURED 4-7248 CoNF EO AS 09/19/08 HOLDER T ERS NO A MATTER OF ALTER THE COVERAGE ATE DOES NOT THE CERT ORIW ETIOk o ALTA 2560 PLANNING AND IN AFFORDED BY THE EXTEND 9TH STREETDESIGN INC I SURERS AFF HE POLICIES BELOW. 'Til/Ih' BERKELEY Cq 9�pu1TE 212 I INSURER A. TrCOVERAGEsING COVERAGE ELOW. y COVERAGESI INSURER B Travelers Propel, Casual INAIC # I„ I Travelers C CO Indemnity casualty Co of qm y I1hr I THE POLICIESI +Nsu ntinental Cas Co.Pany Of CT 136161 ANYREOUIREMENT INSURANCE RERD ualty Company 125682 MAY PERTAIN ERM LISTED BELOW INSURER e f "Iu POLICIES. AGGREGATE THE INSURAN R CONDITION OF HAVE BEEN ISS 120443 TRW DD GREGA7E LIMITSE AFFORDED BY ANY CONTRq� �D TO THE INSUREDI INgR� SHOWN MAY HAVE POLICIES R OTHER D N, q DESCRIBED OCUMENT yy� D BVE F I GENERAL OF INSURANCE I E BEEN REDUCED BY PAID HEREIN IS H RESPECTOR TT YEIPOLICY PERIOD LIABILITY POLICY CLAIMS. ECT TO ALL T O HCH THIS D INDICATED, NOT X CoMM NUMBER HE TERM ERTIFIC WITHS u,Y IM1 ERCIAL GENERAL LI 6802175L918 I q IIFY EFFECTIVE S, EXCLUSIONS gTNpMAY Be ISSUED p NDING CLAIMS MADE ABILITY r — MD p POLI�i i• CONDITIONS OF SUCH I. E a OCCUR 06101108 ATE IMM/pD/yON I 06/01/09 EACH OCCUR LIMITS J ' GEN'L -""E, OCCURRENCE ATE LIMOT - DAMAGE TO RENTED /S1.000 .00p POLICY PRD• APPLIESpER, A AUTOMOBILE JECT MED EXP (Any one I $300.000 LOC PERSO Person) 1$5.000 LIABILITY ' I NAL 8 ADV INJURY ' ANYAUTO 6802175L918 GENE 181,000.000 RAL AGGREGATE ALL O WNED AU rUS, PRODUCTS _ 1$2.000, 000 O6/Q 1/08 - COMP/OP I)XCINION-OWNED CHEDUy,EDAUTOS 06/01/09 AGG 1 $2,000.000 REDAUTOS ., .,, COMBINED SING AUTOS (Ea accident) LE LIMIT $1,000,000 BODILY INJURY (Per person) GARAGE LIABILITY Ry is r BODILY INJU ( ANY AUTO (Per acdtlenU I I S EXCESS/U I PROPERTY DAMAGE I MBRELLgL1ABILITY (Peraccltlenq I OCCUR ❑ AU- $ CLAIMS MADE - `LY _ EA ACCIDENT /S OTHER 7 DEDUCTIBLE ` _ AUTOONLYN -EA ACC IS B RETENTION EACH AGG IS ORKERS C S OCCURRENCE IS EMPLOYERs�MPENsgTTONAND AGGREGATE ANY p LIABILITY I OFFICE IM'ETOR/Pq UB7125Y672 s R/MEMB EXC �DEpEXECUTIVE II yes, dos ER 15 SPECIAL PRQ under 09/01/08 I j OTHER VISIONS below 09/0 S 1/09 WC S�TU X U- I rofessionalorH.l s abilit EL EACH A DESCRIPTIONIE.L.DISE IDENT1S1,OQOOOO OF MC'4114135257 � . DISEASE. Eq EMPLOY I 4LL OP RgTlp'iAnoNs/LDc IE.L.DISE EE S1 0 E NSI AnONS/VEHIC 10/17/07 DISEASE. EA $1 O 0.000 .I SND SAFETY IMPROVEMENT BUT LES/EXCLUSIONS ADDED 10/17/08 00,000 UBLIC ROVEMENT NOT LIMITED BYENDORSEME $1'0001000 000 00 MPLpYEESRKS DEPT, ITS OFFPROJECT. GENERA O CANAL STREET SPE PRpylsloNs $2.000, 0 Per Claim Be Attache ARE NAMED CERS, AG L LIABILITY PEDESTRIAN '4 000 ADDITIONAL INS NTS AND ONLY: CITY Op ACCESS re ate Attached Descriptions) RTIFICAT URED PER SAN RAFgEL " E HOLDER ATTACHED ENDORSEMENT, I ��� CITY OF SAN RAF PUBLIC WORKS DEPT sHo �D ELLATIOJy OX 151560 ANY OF THATETHERE E ABOVEDESCRIBED 6, 11 OF. San Rafael, CA 84915-1560 N07 CE To THE CTHE ISSUING INSURER WILL UcIEs BE CAN i ERTIFICAT pyo.. _ ED BEFORE •,' �J�R RX HOLDER NAMED T" xlfR� MAIL �� D E expl TION V X25 2001/U8)1 •Of3 x7iA0Up THELE � AYSWRITTEN AUTHORIZED "a+UCJp,(JQ1>1xyy�,, �� ; #S444225/M442324 t�„ REPRESENTATIVE ^'^^��JJPP RDCp�cxx � � illu IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S444225/M442324 DESCRIPTIONS (Continued from Page 9) AMS 25.3 (2001/88) 3 of 3 #54442251M442324 COMMERCIAL GENERAL LIABILITY POLICY NO. 6802175L918 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "Contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part ofany contract oragreement under which you are required to include a person nrorganization aaonadditional insured onthis Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the OOK8K8L 'IAL GENERAL LIABILITY .personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period CGD3V\VSV7 C2OU7The Travelers Companies, Inc. Page 2n|2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.