HomeMy WebLinkAboutPW Francisco Blvd. East Sidewalk Improvements Project; Inspection ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH
PARK ENGINEERING, INC. FOR CONSTRUCTION INSPECTION SERVICES ON THE
FRANCISCO BOULVARD EAST SIDEWALK IMPROVEMENTS PROJCT
ARTICLE I INTRODUCTION
A. This AGREEMENT is entered into as of the day of, 2020 by and 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: Park Engineering, Inc., incorporated in or authorized to do
business in the State of California.
The Project Manager for the "CONSULTANT" will be Steve Patterson
The name of the "LOCAL AGENCY" is as follows: City of San Rafael
The Contract Administrator for LOCAL AGENCY will be Bill Guerin, Public Works Director
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the
approved CONSULTANT's Revised Cost Proposal ("Cost Proposal") dated February 13, 2020. The approved
CONSULTANT's Cost Proposal is attached hereto (Exhibit A) and incorporated by reference. If there is any
conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take
precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless
LOCAL AGENCY, its officers, agents, and employees and volunteers from and against any and all claims,
damages, demands, liability, costs, losses and expenses, including without limitation, court costs and
reasonable attorney's and expert witness fees, arising out of any failure to comply with applicable law, any
injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise
arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent
failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this
AGREEMENT on the part of CONSULTANT, except CONSULTANT will not reimburse LOCAL AGENCY
for any such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL
AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive
termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT shall act in an independent capacity. It is understood
and agreed that CONSULTANT (including CONSULTANT'S employees) is an independent contractor and
that no relationship of employer-employee exists between the Parties hereto. CONSULTANT'S assigned
personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.
E. LOCAL AGENCY is not required to make deductions or withholdings from the compensation payable to
CONSULTANT under the provisions of the AGREEMENT and is not required to issue W-2 Forms for income
and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT in the
performance of its obligation hereunder, is only subject to the control of direction of the LOCAL AGENCY as
to the designation of tasks to be performed and the results to be accomplished,
F. Any third -party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction,
supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY
harmless from any and all claims that may be made against LOCAL AGENCY based upon any contention by
any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not
assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written
approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT
from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in
Page 1 of 21
bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall
be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of
its contractors and subcontractors or sub consultants, and of persons either directly or indirectly employed by
them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed
by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein,
shall be binding on any of the parties hereto.
J. 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 CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed
for the LOCAL AGENCY's Contract Administrator to determine if 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. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed,
to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK
The CONSULTANT shall perform the services specified in the Revised Scope of Work, dated February 13,
2020, attached hereto as Exhibit A and incorporated herein by reference. If there is any conflict between the
terms of the Cost Proposal, attached hereto as Exhibit A, and the terns of this AGREEMENT, the terms of this
AGREEMENT shall take precedence.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on the date first hereinabove written, contingent upon approval by
LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL
AGENCY'S Contract Administrator. The AGREEMENT shall end upon completion of the work to the
satisfaction of the LOCAL AGENCY'S Contract Administrator.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL
AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY
will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment
rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT
amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL
AGENCY's approved overhead rate set forth in the Cost Proposal. In the event that LOCAL AGENCY
Page 2 of 21
determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required,
the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT
amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this
Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific
AGREEMENT. CONSULTANT's agreement to the extension of the 1 -year applicable period shall not be a
condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $30,500.
The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in
the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved
Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A
pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If
CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III
Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this
AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL
AGENCY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than
thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone and each project as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title.
Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment
purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within
sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL
AGENCY's Contract Administrator at the following address:
City of San Rafael
Public Works Department
Bill Guerin
11 I Morphew Street
San Rafael, CA 94901
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $373,504.
J. Salary increases will be reimbursable ifthe new salary is within the salary range identified in the approved Cost
Proposal and is approved by LOCAL AGENCY's Contract Administrator.
K. 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.
Page 3 of 21
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not
less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent
to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to,
reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that
date, whether completed or not, and in accordance with Article XXVI, Ownership of Data.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY,
provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of
temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall
immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent
with the notice of termination provided for in subsection A of this section.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to
LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT
by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such
time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT,
except as provided in Article XI, section C. Upon termination, LOCAL AGENCY shall be entitled to all work,
including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date, whether completed or not, and in accordance with Article XXVI, Ownership
of Data.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to
determine the allowability of individual items of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to
be unallowable under 48 CFR Part 31 or 2 CFR Part 200, are subject to repayment by the CONSULTANT to
LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education,
the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Gov. Code §8546.7, the CONSULTANT, Subconsultants, and
LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited
Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including,
but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's
Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable
times during the AGREEMENT period and for three (3) years from the date of final payment under the
AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal
government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole
or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the
CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper
review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
Page 4 of 21
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is
not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Finance Director.
B. Not later than thirty (30) days after issuance of the final audit report, CONSULTANT may request a review by
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 LOCAL AGENCY will excuse CONSULTANT
from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTS, including cost proposals and Indirect Cost Rates (ICR),
may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit,
an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost
proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR,
Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is
CONSULTANT's responsibility to ensure federal, LOCAL AGENCY, or local government officials are
allowed full access to the CPA's work papers including making copies as necessary. The AGREEMENT, cost
proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract
Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms
of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed
by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review
recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA
work papers, will be considered a breach of AGREEMENT terms and cause for termination of the
AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by
Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and
approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and
approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review
recommendations included in the management letter or audit recommendations included in the audit report.
Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the
management letter or audit recommendations included in the audit report will be considered a breach of the
AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed
costs.
During Caltrans A&Ps review of the ICR audit work papers created by the CONSULTANT's independent
CPA, Caltrans A&I will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner.
If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval
letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal
Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GARS (Generally Accepted Auditing
Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines
of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and
other applicable procedures and guidelines}is received and approved by A&I.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be
ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the
accepted rate will be eighty-five percent (85%) of the proposed rate.
Page 5 of 21
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five
percent (75%) of the proposed rate.
2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require
CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months
of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review
the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still
unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted,
overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection
of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR
will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have
occurred: (1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all
work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3)
Caltrans A&I has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these
items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between
LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period
ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between LOCAL
AGENCY and any Subconsultants, and no sub -agreement shall relieve the CONSULTANT of its
responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to 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 LOCAL AGENCY'S
obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization
and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY
Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost
Proposal.
C. Any sub -agreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in
this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment
made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by LOCAL AGENCY Contract Administrator
in advance of assigning work to a substitute Subconsultant.
ARTICLE XI EQUIPMENT PURCHASEAND OTHER CAPITAL EXPENDITURES
A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars
($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of
the necessity or desirability of incurring such costs.
Page 6 of 21
B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal
and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY's Contract
Administrator, 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:
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 five thousand dollars ($5,000)
or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall
receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is
terminated, CONSULTANT may either keep the equipment and credit 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 LOCAL AGENCY in an amount
equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be
determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY
and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must
be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal fiords when participating equipment with a fair
market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements
unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5.
Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any
subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring
the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under
this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor
Compliance Officer (http://www.dot.ca. og v/hq/construc/LaborCompliance/documents/District-
Region Map Construction 7-8-15.pdf). These wage rates are made a specific part of this AGREEMENT by
reference pursuant to Labor Code §1773.2 and will be applicable to work perfonned at a construction project
site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction
sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or
one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage
requirements do not apply to inspection work performed at the facilities of vendors and commercial materials
suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the
Department of Industrial Relations Internet site at htti)://www.dir.ca.gov.
D. Payroll Records
Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting
documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed
by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall
contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the
following:
Page 7 of 21
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work
performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the
CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made
available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the
principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or
permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to
the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for
inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor
Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial
Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards
Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the
CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The
CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY
Contract Administrator by both email and regular mail on the business day following receipt of the
request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to
the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or
any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent
disclosure of each individual's name, address, and social security number. The name and address of the
CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under
paragraph (1) above, including the street address, city and county, and shall, within five (5) working days,
provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to
receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the
CONSULTANT or Subconsultant fails to comply within the ten (10) day period, lie or she shall, as a penalty
to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each
worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from
payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to
the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified
payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL
AGENCY Contract Administrator.
Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.
Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL
AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof,
for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or
craft in which the worker is employed for. any public work done under the AGREEMENT by the
Page 8 of 21
CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in
particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on
consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay
the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in
meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or
Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to
pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had
knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the
appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or portion thereof for which each worker
was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or
Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per
diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties
described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to
pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to
comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance
of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages
by the Subconsultant to the employees by periodic review of the certified payroll records of the
Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the
Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the
failure, including but not limited to, retaining sufficient fiends due the Subconsultant for work performed
on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the
CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that
the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's
employees on the public works project and any amounts due pursuant to Labor Code § 1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works
project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay
workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing
rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT
to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the
CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those
employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the
LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT
by the CONSULTANT or any of its SubconSLlltants for each calendar day during which such worker is required
Page 9 of 21
or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar
week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive,
except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any
one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and
forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in
§1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the sub -agreement exceeds thirty thousand dollars ($30,000), the
CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of
Labor Code §§1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTS and subconsultants are required to comply with all Labor Code requirements regarding
the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to
commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of
Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the
employment of apprentices and for the specific journey -to- apprentice ratios for the AGREEMENT work.
The CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties
are specified in Labor Code § 1777.7.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other
relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT 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 AGREEMENT, or any ensuing LOCAL AGENCY construction
project, which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts
of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.
CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest
that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees
to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State
law.
C. 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.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the
CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide
construction inspection for any construction project resulting from this AGREEMENT, has established
necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to
the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT 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 this AGREEMENT without
liability, to pay only for the value of the work actually performed, or to deduct from the AGREEMENT price or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
Page 10 of 21
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. 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
local, 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 or making of this AGREEMENT, or with the extension, continuation,
renewal, amendment, or modification of this 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 agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
AGREEMENT, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars
($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 sub -agreements, which exceed one hundred thousand dollars
($100,000) and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION AND STATEMENT OF COMPLIANCE
A. 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 CONSULTANT has, unless exempt, complied with the
nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §8103.
B. During the perfonnance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the
AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing
Act (Gov. Code § 12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.),
the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY
to implement such article. The applicable regulations of the Fair Employment and Housing Commission
implementing Gov. Code § 12990 (a -f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives ofthe Department of Fair Employment and Housing
and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no
case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of
Page I 1 of 21
information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance
with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients
of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the
United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from
participation in, denied the benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted
programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil
Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention
of Subconsultants.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the
laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of
owner, partner, director, officer, or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency
within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. 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.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily
result in denial of recommendation for award but will be considered in determining responsibility. Disclosures
must indicate to whom exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services
Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This AGREEMENT is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally -
funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide
overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 4_0%. Participation by DBE CONSULTANT or
Subconsultants shall be in accordance with information contained in Exhibit 10-01: Conszdtant Proposal DBE
Page 12 of 21
Commitment , or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated
as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good
faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet
the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An
adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable
steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably
be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit
15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26
for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. DBEs 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 finds. The LOCAL AGENCY, CONSULTANT
or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a
material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other
remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
4. Disqualifying the contractor from future bidding as non -responsible
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f). If a DBE subconsultant
is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE
subconsultant, if the goal is not otherwise met.
F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by
the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the
LOCAL AGENCY's Contract Administrator.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful
function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE
performs a Commercially Useful Function (CUF) 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 CUF, 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
CUF, 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.
H. A DBE does not perform a CUF 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.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) 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 CUF.
Page 13 of 21
J. CONSULTANT shall maintain records of materials purchased 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 CONSULTANT's shall also show the date of
work performed by their own forces along with the corresponding dollar value of the work.
K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the
form entitled, Exhibit 17-F.• Final Report -Utilization ofDisadvantaeed Business Enterprise (DBE) First -Tier
Subconsultants, certified correct by CONSULTANT or CONSULTANT's authorized representative and shall
be furnished to the Contract Administrator 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 CONSULTANT when a
satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier
Subconsultants" is submitted to the Contract Administrator.
L. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall
notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within thirty
(30) calendar days.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL
AGENCY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000)
per occurrence/two million dollars ($2,000,000) aggregate, 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 dollars ($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 two million dollars ($2,000,000) per
occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONSULTANT
's performance of services under this Agreement. Where CONSULTANT is a professional not required to
have a professional license, LOCAL AGENCY reserves the right to require CONSULTANT to provide
professional liability insurance pursuant to this section.
4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by
the State of California, with statutory limits, and employer's liability insurance with limits of no less than
one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's
compensation insurance shall be specifically endorsed to waive any right of subrogation against LOCAL
AGENCY.
B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of
this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be
specifically endorsed to include the LOCAL AGENCY, its officers, agents, employees, and volunteers, as
additional insureds (for both ongoing and completed operations) under the policies.
Page 14 of 21
The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and
noncontributory" with respect to any insurance or coverage maintained by LOCAL AGENCY and shall not
call upon LOCAL AGENCY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 01 04
]3.
3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall
include, in their text or by endorsement, coverage for contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to LOCAL AGENCY a waiver of any right
to subrogation which any insurer of CONSULTANT may acquire against LOCAL AGENCY by virtue of
the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may
be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not
LOCAL AGENCY has received a waiver of subrogation endorsement from the insurer.
5. 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 years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of
this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella
or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of LOCAL AGENCY (if
agreed to in a written contract or agreement) before LOCAL AGENCY'S own insurance or self-insurance shall
be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be available to LOCAL
AGENCY or any other additional insured party. Furthermore, the requirements for coverage and limits shall
be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum
limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover
the obligations of the CONSULTANT under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must
be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of
liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that
the SIR may be satisfied by either the named insured or LOCAL AGENCY or other additional insured party. 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.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or LOCAL AGENCY'S City
Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this
Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for
the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing
the other insurance requirements set forth in this Agreement. LOCAL AGENCY reserves the right to obtain a full
certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall
not constitute a waiver of the right to exercise it later. The insurance shall be approved as to fonn and sufficiency
by PROJECT MANAGER and the City Attorney.
Page 15 of 21
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before
ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order
to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that
determination was made.
B. This AGREEMENT is valid and enforceable only, if sufficient fiords are made available to LOCAL AGENCY
for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions,
limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY
governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to
reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by
mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by LOCAL AGENCY's Contract Administrator.
C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in
the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL
AGENCY's Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been
employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established
commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For
breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without
liability; pay only for the value of the work actually performed, or in its discretion to deduct from the
AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith,
to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good -
faith negotiations and as may be otherwise provided herein, then either party may commence legal action against
the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not
disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract
Administrator and other LOCAL AGENCY representatives who may consider written or verbal information
submitted by CONSULTANT.
Page 16 of 21
B. Not later than thirty (30) days after completion of all work under the AGREEMENT, CONSULTANT may
request review by 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 will excuse CONSULTANT from
full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal
participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all
reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by 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 Vehicle Code §591, LOCAL AGENCY has determined that such areas
are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the
requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all
reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public
from injury and damage from such vehicles.
C. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined
in California Labor Code §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 (5) feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become
the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to
LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date, whether completed or not, and other such materials as may have been
prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not
CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information,
along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT's
possession. Publication of the information derived from work performed or data obtained in connection with
services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers
the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire.
CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation,
copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or
limitation upon its use or dissemination by LOCAL AGENCY.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work
product is suitable in any way for any other project except the one detailed in this AGREEMENT. Any reuse
by LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY's sole risk.
Page 17 of 21
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal -aid contracts).
E. 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.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with 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 LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT's personnel services under this AGREEMENT.
C. Services of CONSULTANT's personnel in connection with 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.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's
operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in
order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to
the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate
the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or
LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own
personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions
from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this AGREEMENT without prior review of the contents thereof by
LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission.
E. All information related to the construction estimate is confidential and shall not be disclosed by
CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials
prepared or assembled by CONSULTANT pursuant to performance of this AGREEMENT are confidential and
CONSULTANT agrees that they shall not be made available to any individual or organization without the prior
written approval of LOCAL AGENCY or except by court order. If CONSULTANT or any of its officers,
employees, or subcontractors does voluntarily provide information in violation of this AGREEMENT, LOCAL
AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by
CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY's attorney's fees
and disbursements, including without limitation experts' fees and disbursements.
Page 18 of 21
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no
more than one final unappealable finding of contempt of court by a federal court has been issued against
CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply
with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations
Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY.A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the
AGREEMENT record.
ARTICLE XXXI RETENTION OF FUNDS
No retainage will be held by the LOCAL AGENCY from progress payments due the CONSULTANT. Any
retainage held by the CONSULTANT or subconsultants from progress payments due subconsultants shall be
promptly paid in Rill to subconsultants within thirty (30) days after the subconsultant's work is satisfactorily
completed. Federal law (49 CFR §26.29) requires that any delay or postponement of payment over thirty (30)
calendar 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 CONSULTANT or subconsultant to the penalties, sanctions
and other remedies specified in Business and Professions Code §7108.5. These requirements shall not be construed
to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT
or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient
subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -
DBE CONSULTANT and subconsultants.
ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT 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: Park Engineering, Inc.
Steve Patterson, Vice President
372 Village Square
Orinda, CA 94563
LOCAL AGENCY: City of San Rafael
Bill Guerin, Contract Administrator
111 Morphew Street
San Rafael, CA 94901
ARTICLE XXXIII CONTRACT
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
Page 19 of 21
in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and
conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXIV NO THIRD PARTY BENEFICIARIES
LOCAL AGENCY and CONSULTANT do not intend, by any provision of this contract, to create in any third party,
any benefit or right owed by one party, under the terms and conditions of this AGREEMENT, to the other party.
ARTICLE XXXV 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 XXXVI LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES
CONSULTANT shall obtain and maintain during the duration of this contract, 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 contract,
until CONSULTANT has provided LOCAL AGENCY with a completed Internal Revenue Service Form W-9 (Request
for Taxpayer Identification Number and Certification).
ARTICLE XXXVII WAIVERS
The waiver by either party of any breach or violation of any term, covenant or condition of this AGREEMENT, or of
any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance,
law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance,
law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which
may become due or owing under this AGREEMENT, shall not be deemed to be a waiver of any preceding breach or
violation by the other party of any term, condition, covenant of this contract or any applicable law, ordinance or
regulation.
ARTICLE XXXVIII APPLICABLE LAW
The laws of the State of California shall govern this AGREEMENT.
CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and
regulations, in the performance of its duties and obligations under this AGREEMENT. CONSULTANT shall perform
all services under this AGREEMENT in accordance with these laws, ordinances, codes and regulations.
CONSULTANT shall release, defend, indemnify and hold harmless LOCAL AGENCY, its officers, agents and
employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance
or violation of any laws, ordinances, codes or regulations.
Page 20 of 21
ARTICLE XXXIX SIGNATURES
CITY OF SAN RAFAEL
JI SCHUTZ
City anager
ATTEST:
N"('.
ALINDSAY LARA
City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN
City Attorney
PARK ENGINEERING, INC.
Title:
and
PARK ENGINEERING, INC.
7
Page 21 of 21
N I-,
W
d
(ND
O_
O
N
0
0
O
77
00
N
M
n
0
lu0
n
r*
0
n
C:
3
(D
7
A
'T
v
O
T
CL m
m rt
I z
- o
o N
m
o n
D r+
aT
r m
Ln Z
O C
A
W Fa,
0
tj0
N
A
N
O
F-�
'rt
W
A
H�
A
O
W
C
Q
m
a)
EA
r+
Q
cfl
d
3
O
C
m
m
7
r+
H
0�
m
A
r}
W.
r+
O
h
m
m
3
i
D
n w
lu O
O �.
d
o
a
3
N
of CLlu
N
nr
A
O
H
M
cu
N
pi
O
O
rn+
7
m
O
M
M
7�
OG
d
m
�
W
�
m
o
m
0
o
�*
CL m
N
C. C
�+
V
H
N
m
O
W m
F,
LDw
r+ a
o
M 3
L
m
r+
3
cu
r+
C
M
H
Q1
O
z
0
[Ci
M
fD
o
M
A
O
O
i
N
~
01
OUQ O
�
0
1'il d
1
O
00
C m rt
o
-1 w
a
VA 3
n
m
V
N
N
A
W
O
W
N
V
O
V
'►
F+
O
I
?
O
�
A
O
A
CO
O
00
A
'T
v
O
T
CL m
m rt
I z
- o
o N
m
o n
D r+
aT
r m
Ln Z
O C
A
W Fa,
0
tj0
N
A
N
O
F-�
'rt
W
A
H�
A
O
W
C
Q
m
a)
EA
r+
Q
cfl
d
3
O
C
m
m
7
r+
H
0�
m
A
r}
W.
r+
O
h
m
m
3
i
Proposal to Provide
City of San Rafael
Construction Inspection & Material Testing Services for
Francisco Boulevard East Sidewalk Improvements Project
February 13, 2020
_� e' ( PARK
ENGINEERING
February 13, 2020
David Nicholson, PE
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
RE: Construction Inspection & Material Testing Services for Francisco Blvd.
East Sidewalk Improvements Project
Dear David,
Park Engineering, Inc. is pleased to submit this proposal to provide construction
inspection & material testing services for the Francisco Blvd. East Sidewalk
Improvements Project. We appreciate the opportunity to continue to work
with the City on this project.
Brian Zapalski will be the construction inspector who will support the City on
this project. He will provide the day to day construction inspection and perform
all the required duties including, preparing daily diary reports, interviewing
contractor employees for EEO purposes, measuring quantities, coordinating
with the contractor for all aspects of the work including traffic control, utility
work, safety, and ensuring contract for acceptance of completed work by the
City. James Beauchamp is a possible additional inspector if the workload
merits; James recently worked on the FEMA funded slide repair projects for the
City. To provide materials testing on the project, we have included Applied
Materials & Engineering, a local materials testing and special inspection firm
with exceptional experience with Caltrans and ASTM certified testing for
roadway and public works construction projects.
As principal in charge, I will provide oversight to the construction inspector as
well as provide any other needed support to the City.
Our team can meet the challenges anticipated on this project and will ensure
that the work is successfully completed in accordance with all local, state and
federal regulations. Our team has the necessary technical expertise, as well as
soft skills required to complete this project for the City of San Rafael.
We have read and will comply with City's sample Professional Service
Agreement without changes.
Should you have any questions or need additional information, please do not
Office
hesitate to contact me. I can be reached at 372 Village Square, Orinda, CA
372 Village
372 Village Square
94563, spatterson@park-eng.com and (510) 701-0319.
Orinda, CA 94563
Tel 925-257-2508
Fax: 925-401-7030
Sincerely,
Emeryville Office
3960 Adeline Street, #3
Emeryville, CA 94608
Steve Patterson, PE
Tel 925-257-2508
Vice President
Fax. 925-401-7030
EXPERIENCE & TECHNICAL COMPETENCE
FIRM PROFILE
Park Engineering, Inc. was founded in 2013 with
the vision of providing high quality construction
management, construction inspection, program/
project management, project controls, and
contract administration services to public agencies
on transportation and infrastructure projects.
Park Engineering is led by Jaemin Park and Steve
Patterson as the principals of the company. Our
company of 15 is comprised of experienced
professionals who have worked together for
numerous transportation and local agencies
throughout the San Francisco Bay Area. Our
collective project experience includes roadway
rehabilitation and repaving, streetscapes including
street lighting and signals, sanitary sewer projects,
bridge rehabilitation and replacements, rail and
grade separations, and many other local agency
projects constructed to Local, Caltrans and Federal
requirements.
Park Engineering specializes in projects with
Federal, State, bond, grant and other specialty
funding requiring coordination with and audits by,
Caltrans, FHWA and other oversight agencies.
Specialties
■ Construction Management
■ Resident Engineering
■ Construction Inspection
• Program Management/Project
Management
■ Project Controls and Document Control
■ SWPPP Implementation and Inspection
■ Scheduling and Schedule Control
■ Cost Estimating and Cost Control
■ Utility Coordination
■ Claims Analysis, Negotiation and Resolution
Support
Value Engineering
Permit Compliance
Constructability and Bid -ability Review
Bid Advertisement and Award
Staff Augmentation
Federal and State Audit Support
Federal Fund Reimbursement and Project
Closeout
- Public and Community Outreach
■ Training and Staff Development
Certifications
■ State of California CUCP DBE/UDBE (No.
41711)
■ State of California DGS SBE (No. 1757722)
Park Engineering, Inc.
2013
Corporation
Headquarters:
372 Village Square
Orinda, CA 94563
Tel: (925) 257-2508
Fax: (925) 401-7030
www.park-eng.com
Additional Office:
3960 Adeline Street, #3
Emeryville, CA 94608
Jaemin Park, PE
President
Cell: (925) 818-3756
E -Mail: *park@park-
15
Jaemin Park, PE
President
Steve Patterson, PE
Vice President
Registered Professional
Civil Engineer(s), State of
California
Park Engineering, Inc. has expertise delivering
projects for local agencies that include new
roadway and street improvements, bridge
replacements, widenings and retrofits,
streetscapes, water and sewer lines, buildings,
pump stations, signals and lighting, and working
in sensitive environments. Our expertise
includes administering construction projects to
Caltrans Standards and Local Assistance
Procedures and administering projects that
receive funding from multiple sources, including
federal, State, local tax measure, special grant
and local funds. We have the skills necessary to
ensure thorough reporting and strict adherence
to federal and state guidelines.
Page 2 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
EXPERIENCE & TECHNICAL COMPETENCE
SIMILAR PROJECT EXPERIENCE
Our firm currently holds construction management
and inspection contracts with cities and counties
throughout the Bay Area, so we understand not
only the nature of the work.
The firm's most recent similar projects to provide
Construction Management & Inspection Services
include:
As -Needed Project Management, Construction
Management and Inspection Services; City of San
Rafael, Public Works Department, San Rafael, CA
Description: Park Engineering is currently working
with the Public Works Department. Projects include
improvements to roadways and bridges, drainage
and pump stations, and facility upgrades at
community centers and parking structures. Park
Engineering has provided assistance with multiple
project studies, designs, project deliveries and the
construction management — all phases of the work.
Our staff have provided project & construction
management & inspection services for the following
projects:
2017 Storm Damage Slide Repair Project
This FEMA funded project repair storm damage
slides at three locations throughout the City. The
damage for storms in 2017 were repaired through
three separate construction projects in 2018 &
2019. The project rebuilt existing failed slopes,
added retaining walls, repaired damaged drainage
systems & roadways, and worked closely with
adjacent impacted residents. Park Engineering
provided construction inspection services for all
three projects.
2nd Street & Grand Ave Intersection Improvement
Project improved this busy intersection with new &
improved curb ramps while widening the
northbound approach on Grand Ave. The project
also upgraded and replaced all the traffic signal
components. Daily traffic control and coordination
with adjacent businesses was also a critical
component of the project work.
Regional Transportation Safety Enhancement
Project is an ongoing project to prepare the City's
busy downtown / transit area for the arrival of the
SMART train. Work includes traffic signal upgrades
and extensive sidewalk & curb ramp
improvements.
H Street Roadway Improvements which replaced
a failing drainage system and relocated the
existing sanitary sewer main down the middle of H
Street. Installation of twin 30 -inch pipes required
extensive traffic control and coordination with
businesses & resident. The entire street was
resurfaced as well as curb & sidewalk
improvements.
Other projects include:
■ Canal Street Storm Water Pump Station
Repair Project
■ 1309 Sth Ave Demo & Parking Lot
■ Terra Linda Pool House Renovation
■ B Street Community Center Projects
■ City -Owned Parking Structure Study
■ 3rd & Union Improvements
Client Contact
Hunter Young, PE
Assistant PW Director
111 Morphew Street
San Rafael, CA 94901
(415) 485-3408
Type of
On-call contract for public
Contract
works construction and capital
building projects
Dates of
2013 — Present
Service
(Park Engineering, Inc.)
Dollar Amount
Projects range from $30K to
of Contract
$6M
Key Personnel
Steve Patterson, PM/RE
Jaemin Park, PM/RE
Dave Baker, Inspector
Chris Kinser, Inspector
James Beauchamp, Inspector
Andy Bodo, Inspector
Services Provided: include quality assurance of
contractor's work, preparation of daily diaries,
assisting with monthly pay estimates, contract
administration, office engineering, photo
documentation, overseeing traffic control, ADA
compliance, pedestrian accessibility through the work
zone, SWPPP and regulatory permit compliance.
Page 3 City of San Rafael
' Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
EXPERIENCE & TECHNICAL COMPETENCE
Marin County Public Works, On -Call Construction
Management Services
Park Engineering is providing construction
management and inspection services for County
public works projects, including street
rehabilitation, bicycle lanes, pedestrian
improvements, bridges and roadway
improvements. Current Project:
2019 Southern Region Project
This $2M project includes pavement rehabilitation
work on 3 roads in the Strawberry Neighborhood
in southern Marin County. Beyond repaving, the
three roads will receive sidewalk improvements,
accessibility features, bicycle safety upgrades,
updated traffic striping and signage, improved
drainage infrastructure, and a radar speed
feedback sign. The improvement project will be
covered by the County's Road and Bridge
Rehabilitation Fund and the California Senate Bill 1
(S131) funding.
Client Contact
Eric Miller, PE
Principal Civil Engineer
Marin County Public Works
1950 Parkside Dr. Concord. CA
94519
(415)473-6453
_
Dates of Service
2019 - Current
Project Value
$1.9M (Construction Value)
Key Personnel
Jaemin Park, Project Manager
Andy Bodo, Const. Inspector
Marin County Transit District — 2018 State of
Good Repair Bus Stop Improvement Project
Park Engineering provided construction
management and inspection services for this project
that included re -construction of 10 existing bus
stops throughout Marin County with work in
Novato, San Anselmo, Corte Madera, Tiburon,
Larkspur, Ross & San Rafael. Bus stop
improvements included concrete removal &
replacement work to meet current ADA standards
with some locations also installing new Bus Shelters
and site furnishings. Coordination with the various
cities, Caltrans, adjacent residents & businesses and
Bus Services were necessary to complete the
improvements.
PARK
9:GI4EfRING
Client Contact
Anna Pennoyar
Senior Capital Analyst
Marin Transit
711 Grand Ave, Suite 110, San
Rafael, CA 94901
(415)226-0867
Dates of Service
2018 - Current
Project Value
$500,000 (Construction Value)
Key Personnel
Steve Patterson, Res. Engineer
Andy Bodo, Const. Inspector
City of Novato, Public Works Department,
Measure A, Group 10 Pavement Rehab Project
This $1.6M project includes rehabilitation of the
pavement on Nave Drive between Alameda Del
Prado and Bel Marin Keys Blvd, Bel Marin Keys
Blvd from Nave Drive to 200 ft. North of Digital
Drive, and Bolling Drive from Nave Drive to Marin
Valley Drive. The improvements will include
construction of ADA compliant access ramps,
removal and replacement of damaged concrete
curb, gutter and sidewalk, replacement of existing
traffic signal detection, pavement repairs
consisting of asphalt concrete dig -out and
patches, slurry seal application at some locations,
grinding of the existing pavement, placement of
reinforcing fabric, hot mix asphalt overlay,
replacement of pavement striping and markings,
and installation of new traffic signs.
Client Contact
Gosia Woodfin, PE
Project Engineer
City of Novato Public Works
922 Machin Ave
Novato, CA 94945
(415) 899-8997
Dates of Service
2019 - Current
Project Value
$1M (Construction Value)
Key Personnel
Jaemin Park, Resident Engineer
Page 4 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
EXPERIENCE & TECHNICAL COMPETENCE
City of Concord Various Projects, Construction
Management and Inspection Services
Description: Park Engineering is providing
construction management and inspection services
for City public works projects, including street
rehabilitation, bicycle lanes, pedestrian
improvements, bridges and roadway
improvements. Projects include:
Citywide Accessibility Improvement Projects #4 5
and 6
These three projects involved the re -construction
of pedestrian curb ramps at various intersections
throughout the City, with a number of locations
included as Alternate Bid Items to allow the City
flexibility to add or remove this specific work
based on bid results.
Measure Q Paving Rehabilitation, Project #8
This $1.3M project included roadway
reconstruction work on 8 local residential
roadways, including construction of 14 new curb
ramps and replacement of existing valley gutters
and curb & gutter. Roadway reconstruction
methods were varied degrees of grinding &
repaving with some pavement failure digouts and
use of RHMA as the final wearing course.
West Concord Bikeways
This $80,000 project work involved the installation
of new buffered bike lanes on Meridian Parkway
Blvd. and Galaxy Way / John Glenn Drive.
Client Contact
Bernard Enrile, PE
Manager, CIP
City of Concord
(925) 671-3031
Dates of Service
2015 - Current
Project Value
$80,000 to $4M (Construction
Value)
Key Personnel
Jaemin Park, Project Manager
Steve Patterson, Res. Engineer
Chris Kinser, Const. Inspector
Pete Martin, Constr. Inspector
James Beauchamp, Inspector
PARK
ENGINEERING
Central Concord Pedestrian Improvements
Project included roadway resurfacing work of both
the mill and fill method for Willow Pass Road and
a slurry seal for
Broadway, as well as
replacement of non -
ADA compliant curb
ramps for 25
intersections in
downtown Concord,
new traffic signal,
and streetscape
features installed
near the Concord
BART Station.
Detroit Avenue
Bicycle and
Pedestrian Improvements Project
This federally funded (OBAG) Project constructed
roadway and streetscape improvements on Detroit
Avenue from Monument Blvd. to Clayton Road.
Work on this $4M project involves full street
rehabilitation including, grading, AC paving, signals
and lighting, new curb, gutter and sidewalks, new
curb ramps, drainage improvements, irrigation and
lighting, and enhanced striping and pavement
markings.
Ellis Lake Restroom Building Project
This locally funded project included the site
preparation and utility installation to accept a pre-
fabricated 4 -unit restroom building. New sidewalk,
re -installation of irrigation and grass and a new
picket fence were also part of the project.
Page 5 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
EXPERIENCE & TECHNICAL COMPETENCE
City of Orinda Multiple Project -Specific
Construction Services & On -Call Construction and
Project Management Services
Client Contact
Jason Chen, PE
City Engineer
City of Orinda
22 Orinda Way
Orinda, CA 94563
(925)253-4260
jchen@cityoforinda.org
Dates of Service
2014 — Current
Project Value
$140,000 to $IOM
Key Personnel
Steve Patterson, PM/RE
Jaemin Park, PM/RE
Linda DeBolt, PM
James Beauchamp,
Danielle White - Inspectors
Description: Park Engineering provided the City
construction & project management services for
multiple capital project. Services included project
delivery, resident engineering, construction
inspection, and materials testing. Also representing
the City during construction for interactions with
public/ homeowners directly impacted. Projects
have included:
2017 Annual and Measure J & L Paving
Rehabilitation Project
Construction Cost: $IOM
Park Engineering provided construction
management for this project. The project work
consisted of improvements occurring on 65
different streets within the City. Roadway
rehabilitation was primarily through Full Depth
Reclamation with an HMA overlay, extensive
drainage and concrete curb & gutter replacement
work. Other work consisted of utility adjustments,
replacement of HMA dikes & swales and roadway
delineation. The project was locally funded with
the use of both City funds and Contra Costa
County Measure funds.
Crossroads Area & BART Wayfinding Signage
Construction Cost: $140,000
Park Engineering managed the planning and
design and will manage the construction of this
project that will furnish and install new custom
fabricated wayfinding signs, wall graphics and
fabricated light cabinet, concrete foundation,
replacement of existing sidewalk where needed,
extension of electrical conduits and conductor as
needed.
BART -Downtown Access Ramp & Lighting
Construction Cost: $900,000
Park Engineering provided construction
management for this project. The project work
consisted of removing an existing concrete
stairway and replacing with a new stairway and
ADA compliant ramp to link the City's busy
Theater District with the adjacent Orinda BART
Station. A series of seven retaining walls were
constructed to achieve the ADA ramp in small
work area, located on Caltrans right-of-way.
Other work included improved lighting and new
landscaping with an improved irrigation system.
2014 Annual and Measure J Paving Rehabilitation
Project
Construction Cost: $1.40M
Park Engineering provided construction
management for this project. The project work
consisted of a combination of pavement
rehabilitation, both slurry seal and mill of existing
pavement with Hot Mix Asphalt paving; base
failure repairs, both digout repairs and Full Depth
Reclamation; minor drainage improvements and
repairs; and re -installation of striping and
pavement markings. The project was locally
funded with the use of both City and Contra Costa
County Measure L funds.
Page 6 City of San Rafael
' Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
EXPERIENCE & TECHNICAL COMPETENCE
On -Call Construction Management and
Inspection Services
Contra Costa County Public Works Department,
Contra Costa County, California
Client Contact
Kevin Emigh, PE
Division Manager
Contra Costa County
Design and Construction
(925)313-2233
Dates of Service
2014 — Current
Project Value
$2M to $25M (Construction
Value)
Key Personnel
Jaemin Park, PM & RE
Steve Patterson, RE
James Beauchamp, RE & ARE
Mike Johnson, ARE/Inspector
Andy Bodo, ARE/Inspector
Dave Baker, ARE/Inspector
Danielle White, ARE/Inspector
Description: Park Engineering's key personnel
provided construction management and
inspection for County public works projects
through an on-call Construction Management and
Inspection contract. The team worked on several
federally funded public works as well as privately,
funded developer projects, such as new
subdivision construction and the expansion of
local roadways and arterial improvements.
Projects include:
Kirker Pass Road Northbound Truck Climbing
Lane Project—The project improves safety
and reduces congestion along Kirker Pass
Road by constructing a truck climbing lane in
the northbound direction. The project is
approximately 1 mile in length, beginning at
the Concord Pavilion and ending at the
northern Hess Road intersection. Road
widening requires significant retaining walls
due to the existing slopes and drainage
adjacent to the roadway. The project also
includes pavement rehabilitation on the north
and south bound lanes between the City of
Concord/County limits to approximately 4,200
feet north of North Hess Road for a total of
about 1.6 miles. The total project length is
about 2 miles. The project is funded by
Federal grants, State S131 funds, and local
County funds.
PARK
:NGWEiRIN^
San Pablo and Wildcat Creeks Levee
Remediation — FEMA mandated levee
remediation to raise freeboard to 100 year
flood requirements. Work involved
installation of sheetpile walls, levee fill,
concrete walls, and HMA pavement to raise
levee roads. The project required close
environmental monitoring and coordination
with various entities including East Bay
Regional Park District and County Flood
Control District. The project was funded by
local County funds and State funds.
2015 Asphalt Rubber Cape Seal; 0672-6U2149
The work consisted of applying an asphalt
rubber chip seal covered with a type II slurry
seal to approximately 259,020 square yards of
roadway located at East Richmond Heights area
of west Contra Costa County and Shadow Creek
area of Blackhawk in the East Contra Costa.
Work also included installation of 40 survey
monuments, surface preparation, striping
removal, and placement of thermoplastic
striping and pavement markings.
■ Bollinger Canyon Bridge over Japonica Creek
(Federally Funded)
■ South Dougherty Road Bridge and North
Dougherty Road Bridge
■ Vasco Road Safety Improvements, Phase I
(Federal and CCTA Funded)
■ Countywide Microsurfacing Project
■ Giaramita Street Rehabilitation (federal Block
Grant Funds)
Services Provided: Park Engineering staff managed
several overall construction projects, including
performing field reviews; preparing daily Resident
Engineer reports and project status reports for the
County; managing correspondence; and
maintaining communication with the general
public and other, numerous related public
agencies.
Page 7 City of San Rafael
Construction Inspection Services for
Francisco Blvd East5idewolk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
KEY PERSONNEL
Park Engineering is a DBE firm that brings an
experienced construction inspector, Brian Zapalski,
to represent the City for this improvement project.
We specialize in providing construction
management and inspection services to public
agencies for projects just like this. Our team is
knowledgeable of Caltrans, Federal and Greenbook
requirements, and has experience completing
comparable projects and will meet all the City's
Quality Assurance Plan requirements.
Steve Patterson, PE will be the Principal in
Charge providing oversight and managing Park
Engineering resources and ensuring City staff
have the qualified personnel they need to
successfully complete the project. Steve will
perform regular check -ins with City staff to
ensure satisfied results.
Steve has over 28 years of experience providing
project management, construction management,
and administration of highway, bridge, building
and public works infrastructure projects
throughout California, including the City of San
Rafael. Steve is an expert in federally funded
projects, he is available to assist on topics
related to federal funding involved on this
project.
Brian Zapalski, will be the Construction
Inspector. Brian has more than 16 years of
construction and construction management of
local roads, highways, bicycle lanes,
roundabouts, buildings and other public works
projects constructed to Caltrans, federal and
local agency specifications. He has provided field
engineering, grade setting and inspection to
Caltrans and local agencies. His technical
knowledge encompasses roadway construction,
grading and excavation, concrete curb ramps and
ADA paths, underground utilities, stage
construction, slope protection, AC paving,
striping, pavement markings, and signage,
streetlights, safety, SWPPPP, and traffic control.
He is well versed in the County of Marin Uniform
Construction Standards.
Applied Materials & Engineering
Park Engineering Team Member Applied
Materials & Engineering, Inc. (AME) will provide
quality assurance testing as required. Testing
will be performed in the frequencies required by
the City's Quality Assurance Program and the
Caltrans Local Assistance Procedures Manual.
AME will provide summary of tests performed
and results of tests performed to support quality
of the work. They will provide sufficient
information so that the resident engineer can
satisfy the requirements of certifying that all
materials used on the project meet the contract
requirements.
Please see resumes at back of this proposal
PROJECT UNDERSTANDING
There are many challenges that come with the
responsibility of providing quality service on
public works construction projects. At Park
Engineering, we understand that a public agency
has to answer to elected officials, oversight and
permitting agencies, and third -party funding
sources. We also understand the public relations
pressures on visible community improvements
projects and that public perception can make the
difference to the success of a project. Our
construction inspectors take ownership of our
projects and act in the City's best interest to
manage, coordinate and inspect the project to
successful completion.
Page 8 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
Park Engineering specializes in providing
construction management and inspection
services to public agencies for projects just like
this and our proposed team of professionals has
the experience and expertise to ensure that this
project is completed successfully. Forthis
contract, we will provide a full-time inspector for
the duration of the project who will report
directly to the City's project manager / resident
engineer.
For this project, the work includes the follow
work along the east side of Francisco Blvd East,
from Vivian Street to Grand Ave Bridge:
• Demolition of existing curb ramps, asphalt,
curb, gutter, sidewalk and striping.
• Constructing new curb, gutter, sidewalk and
driveways to current ADA standards for an 8 -
foot sidewalk.
• Constructing curb ramps to current ADA
standards for multiple intersections along
Francisco Blvd East.
• Installation of new and adjustments of
existing storm drain systems.
• Adjusting & relocating existing utilities to
finish grade
• Upgrades to traffic signal and street lighting
• Irrigation and planting improvements
• Final roadway striping work
All work items shall be constructed in accordance
with the contract plans and specifications.
The engineer's estimate is approximately $4.7
million and is federally funded. Project duration
is 200 working days.
KEY ISSUES
Having performed construction inspection for
similar projects, we have identified elements of
the work that are key to the success of this
project. They include, but are not limited to:
Public Outreach & Safety—The planned curb
ramp & sidewalk improvements will impact the
normal patterns of the neighborhood foot traffic
— both school routes and daily routines of
exercise & dog walks. Advance notice for any
closures of the traveled lanes, sidewalks and
driveways for the improvement work to limit
PARK
:hGMEEAING
impacts to businesses, residents, the traveling
public, delivery, emergency and transit
customers will be essential. Additionally, strict
adherence to approved traffic handling plans,
work schedules related to business access, no
parking postings, and closely monitoring
pedestrian access will help keep the public
informed on what to expect and when, will
improve the project's safety during construction
and minimize issues with the public.
Tracking of Costs & Schedule — Constant
monitoring and reporting of project
quantities constructed to control bid
quantity overruns that can occur and for any
change order work to prevent escalated
contract costs are critical to keep the project
on budget. Daily Inspection Reports and
progress pictures will be kept current and
provided to the City in a timely manner to
benefit the monitoring of the project's
schedule.
• Project Documentation and Administration
With federal funding, making sure that the
project is administered in accordance with
the Caltrans Local Assistance Procedures
Manual, will ensure swift and easy audits. It
is critical that the project is administered
using standard, recognized administration
systems that meet the needs and established
system of the City. Project documents, such
as our inspection reports, supporting
calculations for progress payments and
employee interviews, will be developed for
the project files and provided to the City in a
timely manner. Our experience in
documenting the important aspects of
similar projects will provide key information
of the work performed, compliance with the
contract requirements and well -organized
project documents for federal funding
audits.
Quality of Work — Acceptance of only the
best quality work ensures the funds utilized
are well invested and the improvements will
last. Strict adherence to the City's quality
assurance program (OAP), City, County &
Caltrans standards, performing the required
Page 9 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
acceptance testing to verify quality of the
completed work and documenting results for
compliance with local, state and federal
requirements.
Project Appearance / Environmental
Concerns / Permits/ Water Pollution
Control —A clean project will promote a
positive public perception, increase the
project safety and aid the effort to
compliance with Permits, Environmental and
Water Pollution Control requirements.
Installing water pollution control measures
and maintaining it regularly is very important
to prevent violations to permits from
Regional Water Quality Control Board.
Additionally, weekly project cleanup will
provide a safer environment for the public
and the project personnel.
WORK PLAN
Park Engineering will support the City by
providing construction inspection for this
sidewalk improvement project. We will perform
all the duties required in the RFP, including, but
not limited to the following:
TASK ONE — Field Inspection Services
• Review all contract documents to become
familiar with all project details — plans, specs,
schedule & sequence, traffic control and any
permit requirements / restrictions.
• Attend the project's Pre -Construction
Meeting and pro -actively discuss potential
project issues.
Perform all field inspection activities to
monitor compliance with the contract plans
and specifications. Record all items of work,
labor, equipment, materials incorporated,
materials tested, traffic control utilized and
any other pertinent information in a daily
diary for permanent record.
Monitor all field work for contract compliance
and document with daily reports and pictures.
Notify the City's RE about any non-compliance
items / issues.
Work closely with City staff on project
schedule, field progress and issues to monitor
overall project completion.
• Prepare supporting quantity calculations for
work performed, including any contract
change orders, and progress pay estimates on
a monthly basis.
• Review, evaluate & discuss proposed change
orders and estimates for accurate scope,
cost and time impacts.
• Maintain and enforce safety awareness for
the protection of workers and public
• Review all necessary sampling and testing of
materials for the project — performed by
both the Contractor and AME — to meet the
specifications and City's QAP to ensure all
materials meet the contract requirements.
Failing results will be detailed to the RE.
• Attend any progress or public meetings as
requested.
• Conduct interviews of field personnel for EEO /
Labor Compliance monitoring.
• Work closely with City Staff on final punchlist
and acceptance of the contract work.
• Assist City Staff as needed on various project
administration tasks, such as review of
certified payrolls, submittals and/or RFIs.
fid'
TASK TWO — Materials Testing Services
Applied Materials & Engineering will provide
materials testing and sampling services to
ensure the installation of materials is in
accordance with contract requirements and
the City's QAP. Materials include:
- Native Soils / Subgrade Compaction
- Trench Backfill & Base Rock
Hot Mix Asphalt (minor)
Concrete placed
• All tester certifications will be provided
Page 10 City of Son Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
BRIAN ZAPALSKI, CONSTRUCTION INSPECTOR
Years of Experience
16
Certifications and Training
40 -Hour HazMat Certified
Key Qualifications
Mr. Zapalski has more than 16 years of construction and construction management of local roads,
highways, bicycle lanes, roundabouts, buildings and other public works projects constructed to Caltrans,
federal and local agency specifications. He has provided field engineering, grade setting and inspection to
Caltrans and local agencies. His technical knowledge encompasses roadway construction, grading and
excavation, underground utilities, concrete curb ramps and ADA paths, stage construction, slope
protection, AC paving, striping, pavement markings, and signage, streetlights, safety, SWPPPP, and traffic
control, and electrical and low -voltage system construction, including temporary and permanent
intersections and traffic signal loop detectors. Mr. Zapalski has also worked on numerous emergency
facilities, waste transfer stations, and private developments and has knowledge of building codes, OSHPD
requirements and public works construction specifications.
Project Experience
Lamont Avenue Class 2 Bicycle Lanes Project, City of Novato, CA - $300K
Brian was the construction inspector for this local and grant funded roadway and bicycle safety
improvements project. The Project improvements included construction for roadway widening,
installation of asphalt path, concrete median, traffic signs, placement of thermoplastic pavement
markings and striping, installation of curb and gutter, catch basins and storm drainpipes, AB for
driveways and shoulders, and HMA paving for roadway widening and driveways on the Lamont
Avenue to complete Class 2 Bicycle Lanes. Coordination with homeowners, various utility companies
and City departments was needed. Brian provided all field inspection and documentation, quantities,
photographs and video, coordination of materials testing and ensuring that the contractor completed
all work in accordance with the contract documents, supporting the City's resident engineer.
Moraga Way and Canyon/Camino Pablo Improvements Project, Town of Moraga, CA - $33M
Brian was the construction engineer and field supervisor for this federally funded roadway and bicycle
safety improvements project. The Project improved several intersections and corridors within and
adjacent to the Moraga Center Planned Development Area. The first project improved Moraga Way
between Moraga Road and Ivy Drive, completing the bicycle and pedestrian network along the
corridor. This is an extension of a project completed by the City of Orinda in 2014. The project re-
surfaced Moraga Way to provide an even surface for bicyclists while re -striping the roadway with
buffered Class II bicycle lanes. The project added sidewalks and pedestrian pathways as well as
replaced curb ramps and driveways providing an accessible path of travel linking Miramonte High
School, residential land uses, County Connection transit stops, and the Moraga Center along Moraga
Way.
The second part of the project improved the intersection of Camino Pablo and Canyon Road, which is
a key route for students walking to Joaquin Moraga Intermediate School. At this location, there is a
large pedestrian demand to cross Canyon Road but with vehicles traveling at high rates of speed as
they approach the intersection. The project reduced the through travel lanes from two to one in each
direction and assigned the remaining area to bulb -outs while adding a pedestrian refuge reducing the
crossing distance and narrowing the roadway to calm traffic. Additional improvements at the
intersection include rectangular rapid flash beacons, improved intersection lighting, as well as a speed
feedback sign in the northbound direction to advise drivers of their speed as they enter the Town's
Page 11 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
limits. Finally, the project provided green street elements within the bulb -outs meeting the Municipal
Regional Permit requirements.
Highway 29/Hartmann Road Roundabout Project, Caltrans District 1- $4.9M
Brian was the construction field supervisor for this highway improvement project on Highway 29 in
Lake County near Middletown from Putah Lane to 0.3 Mile North of Spruce Road. The project
involved the construction of a roundabout at the intersection of Highway 29 and Hartmann Road.
Specific works included earthwork grading, demolition of existing roadway, roadway grading & paving,
minor concrete grading & installation (curb ramps, sidewalks, decorative slope paving, rock blanket),
roadway concrete / JPCP grading & installation, storm drain structure & culvert installation, street
lighting, traffic loops, SWPPP implementation and maintenance, permanent erosion control, and sign
& striping installation.
Rohnert Park Expressway Project, City of Rohnert Park, CA - $31VI
Brian was the construction supervisor for this federally funded resurfacing project which rehabilitated
just over one -and -a -quarter miles of Rohnert Park Expressway (RPX), a primary east/west, four -lane
arterial. Project limits extended westward from Snyder Lane to Commerce Boulevard (located
adjacent to the Highway 101 interchange) and involved work in three major 4 -way intersections,
including the City's busiest and most collision -prone. Altogether, the project involved 4,000 SY of dig -
out repairs, structural pavement modifications, day, nighttime, and weekend paving operations, utility
adjustments, concrete curb and gutter, ADA ramp, and median curb replacements, new colorized bike
lanes, new pavement striping/markings/markers, the installation of GridSmart (camera) intersection
traffic management systems, and the rehabilitation of the City Library's parking lot. The project was
constructed to Caltrans and City standards and requirements.
Drummond/Cowell/Chiles Roundabout Improvements Project, City of Davis CA - $1M
Brian was the construction supervisor for this roadway improvements project. The
Drummond/Cowell/Chiles Roundabout Improvement project provided comprehensive improvements
to the existing four way stop intersection of Cowell Boulevard, Chiles Road and Drummond Avenue in
South Davis. The primary objective of the project was to improve the traffic flow and safety of the
intersection to provide a safe and efficient circulation system by increasing the efficient movement
and safety of traffic. The scope of work included removal and installation of the street section at the
intersection, installation of a roundabout, pedestrian/bike path and sidewalk improvements,
streetlight improvements, landscape and irrigation replacement.
NorthBay Medical Center Expansion Project, Fairfield, CA - $200M
Brian was the construction supervisor for the civil construction portion of this major $200 -million -plus
NorthBay Medical Center campus modernization project. NorthBay Medical Center Expansion project
(NBXP) included renovation and expansion of NorthBay Healthcare's existing 3 -story acute care
hospital. Major components of the project include a 3 -story above -grade addition that includes new
Imaging and Dietary facilities on Level 1, new Acute Care Nursing Beds on Level 2 and new Operating
Rooms, Pre-op and Post -Anesthesia Care on Level 3. The project also included renovation at the
existing Level 1 to expand the Emergency Department as well as construction of a separate 1 -story
Welcome Pavilion (non-OSHPD and the first project to be completed). The Welcome Pavilion provides
a central point for patents to register and meet with financial counselors prior to admission. It also
houses the gift shop and provides lounge and gathering space for patients and visitors. The design goal
was to decant space from the existing ED that was not required by code, in order to create space for
the ED expansion.
Paye 11 City of Son Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
STEVE PATTERSON, P.E., PROJECT MANAGER
Years of Experience
29
Education
B.S. Civil Engineering, Michigan State University, East Lansing, 1991
Professional Registrations
Professional Engineer: California, #C54481, 1995
QSD / QSP: Certificate #22073
Key Qualifications
Steve Patterson's experience includes roadway widening and rehabilitation, highways and interchanges,
emergency slide and flood repairs, sound walls, MSE walls, retaining walls, storm box culverts, utility
installations and relocations. He has worked in the capacity of Project Manager, Resident Engineer,
Construction Inspector, and Office Engineer. Steve is familiar with the Caltrans Standard Specifications,
Standard Plans, Construction Manual, Local Assistance Procedures Manual, and the "Greenbook" Standard
Specifications for Public Works Construction.
Steve is experienced with supervising inspection staff, CPM schedules, project controls and costs, quality
control/quality assurance, analyzing claims, preparing reports, planning personnel resources, negotiating
contract change orders. Steve coordinated project work with utility companies, cities, counties, Caltrans,
California Department of Fish and Game, Regional Water Quality Control Board, Union Pacific Railroad,
private businesses, and the public.
Representative Project Experience
Contra Cost County Public Work, Kirker Pass Road Northbound Truck Climbing Lane Project, Concord
Steve is the construction manager on this $14.1M federally funded project that constructs an
additional lane for improved truck climbing safety. The project constructs six retaining walls to
complete the widening lane, as well as grind & pave of all lanes (4) for approximately 2 miles, related
drainage improvements and restriping work. Coordination is needed with the Cities of Concord *&
Pittsburg, Union 76 for their close proximity gas line and the Concord Pavilion.
City of Concord, Citywide Accessibility Improvements No. 4 and Central Concord Pedestrian
Improvements Streetscape Project, Concord, California
Steve was the construction manager on the $350,000 federally funded project that removed and
reconstructed 45 curb ramps throughout the City. Additional scope of work included pedestrian push
button upgrades and roadway striping improvements. He was also the construction manager on a $3M
project in Downtown Concord that includes roadway resurfacing work of both the mill and fill method
for Willow Pass Road and a slurry seal for Broadway, as well as replacement of non -ADA compliant curb
ramps for 25 intersections in downtown Concord, new traffic signal, and Streetscape features installed
near the Concord BART Station.
City of Orinda, 2017 Paving Rehabilitation Project & BART -Downtown Access Ramp & Lighting Project
Construction Cost: $10M & $900,000 (respectively)
Construction Manager for this project that required work to occur on 65 different streets within the
City. Roadway rehabilitation is primarily through Full Depth Reclamation with extensive drainage and
concrete curb & gutter replacement work. Other work consists of utility adjustments, replacement AC
dikes and roadway delineation. BART -Downtown Access Ramp consisted of removing an existing
concrete stairway and replacing with a new stairway and ADA compliant ramp to link the City's busy
Theater District with the adjacent Orinda BART Station. A series of seven retaining walls were
Page 13 City of San Rafael
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
PROJECT ORGANIZATION & KEY PERSONNEL
constructed to achieve the ADA ramp in small work area, located on Caltrans right-of-way. Other work
includes improved lighting and new landscaping with an improved irrigation system.
City of San Rafael, Public Works & Engineering Department, San Rafael, CA
City Owned Property Improvements, Roadway and Drainage Improvements
Steve is Project Manager and Resident Engineer for numerous City Projects ranging in construction
costs from $30,000 to $2 million and including street rehabilitation, curb ramp improvements, drainage
improvements, bridge resurfacing, City -owned facility improvements and sanitary sewer replacements.
Assisting City Staff to develop and/or assist delivery of project documents for construction, advertise
projects for bidding, answer pre-bid questions and evaluate bids, conduct pre -construction meetings
and monitor contract progress.
Moraga Road Utility Undergrounding, Sidewalks & Pavement Resurfacing Projects, Town of Moraga,
CA - $2.7M
Steve was the Resident Engineer/Project Manager on these three projects for the Town of Moraga
that were construction simultaneously.
✓ Utility Undergrounding, $1.7M — A Rule 20A project with PG&E for the Town to convert
existing overhead utilities to new underground facilities along one of the main roadways for the
Town. Work consisted of extensive daily traffic control for vehicles and pedestrians to perform
the installation of new joint trench and utility vault systems.
✓ Bicycle & Pedestrian Improvements, $160k—A federally funded project to construct about 300
LF of sidewalk to connect two critical side streets along Moraga Road.
✓ Resurfacing Project, $800k—A federally funded project that removed and replaced the top 3 -
inches of existing Moraga Road. Pone of the Town's busiest roadways and only a 2 -lane road,
daily one-way traffic control was required. Advance notice and monitoring of traffic control
was critical to the community outreach on the project.
• City of Orinda 2014 Street Rehabilitation Project, Orinda, CA
Resident Engineer for this $1.4 million pavement rehabilitation project. Steve was responsible for
managing all aspects of this project including contract administration, contract compliance and
acceptance, project costs and schedule, and public relations.
• City of Emeryville, Safe Routes to School Project, Emeryville, CA
Resident Engineer for this federally funded $6SOK project that upgraded multiple cross -walk
intersections, installed rectangular rapid flash beacon systems and speed feedback assemblies, and
upgraded an existing traffic signal. Work was coordinated with Caltrans, as it was performed on State
Route 123 (San Pablo Ave).
• Mission Blvd/Warren Ave/Freight Rail Relocation Program, Santa Clara Valley Transportation
Authority (VTA), San Jose, CA
Steve was the Resident Engineer on the preliminary creek alignment project and grade separation
project that totaled $60M and prepared the corridor for BART'S Silicon Valley/ Berryessa Extension.
• Countywide Microsurfacing Project — Contra Costa County, CA
Steve was the Resident Engineer for the County on this $2 million project. The project scope included:
applying micro -surface treatment to 21 miles of roadway on ten roads at seven separate locations.
Work will include surface preparation, stripe removal, thermoplastic striping and Class II bike lanes.
Paye 14 City of San Rufael
...
Construction Inspection Services for
Francisco Blvd East Sidewalk Improvements Project
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: City of San Rafael 2. Contract DBE Goal: 4%
3. Project Description: Construction Inspection & Materials Testing Services for Francisco Blvd East Sidewalk Improvements
4. Project Location: San Rafael, California
5. Consultant's Name: Park Engineering, Inc. 6. Prime Certified DBE: IX
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information
°
10 DBE /o
Construction Inspection
41711
Park Engineering, Inc.
372 Village Sq., Orinda, CA
90
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION
90
17. Local Agency Contract Number:
18. Federal -Aid Project Number:
19. Proposed Contract Execution Date:
IMPORTANT: Identify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is
required.
02/13/20
20 Local Agency Representative's Signature 21. Date
12. Preparer's Signature 13. Date
Jaemin Park, PE 925.818.3756
22. Local Agency Representative's Name 23. Phone
14. Preparer's Name 15. Phone
President
24. Local Agency Representative's Title
16. Preparer's Title
DISTRIBUTION. Original — Included with consultant's proposal to local agency
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual E\HB1T 10-Q
Discosure of Lobbying Activities
Park Engineering does not have any lobbying activities to report.
Exhibit 10-Q Disclosure of Lobbying Activities
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/ofler/application ❑ a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post -award
d. loan For Material Change Only:
e. loan guarantee year quarter_
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subarvardec,
Enter Name and Address of Prime:
❑ Prime ❑ Subavvardee
Tier if known
(attach Continuation Sheet(s) if necessary)
15. Continuation Shcel(s) attached: Yes ❑ No ❑
16. Information requested through this form is authorized by Title
31 U S C Section 1352 This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into This disclosure is required pursuant to 31 U S C Print Name: Jaemin Park, PE
1352 This information will be reported to Congress —
semiannually and will be available for public inspection. Any President
person %vho fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than $ 10,000 and not more than 925.818.3756
5100.000 for each such failure Telephone No.: Date: 02/13/20
Authorized for Local Reproduction
Federal Use Only:
Fnm I I. Re% W-2H-flfi
Standard Form - LLL
Page 10-77
LPP 06-02 May I, 2006
Congressional District, if known
Congressional District, if kno%vn
6.
Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, ifapplicable
8.
Federal Action Number, if known:
9. Award Amount, if known:
10.
a. Name and Address of Lobby Entity
b. Individuals Performing Services (including
(If individual, last name, first name, NII)
address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11.
Amount of Payment (check all that apply)
13. Type of Payment (check all that apply)
S ❑ actual ❑ planned
a. retainer
b. one-time fee
12.
Form of Payment (check all that apply):
c. commission
cash
d. contingent fee
❑a.
b. in-kind: specify: nature
a deferred
value
f. other, specify
14.
Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Shcel(s) attached: Yes ❑ No ❑
16. Information requested through this form is authorized by Title
31 U S C Section 1352 This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into This disclosure is required pursuant to 31 U S C Print Name: Jaemin Park, PE
1352 This information will be reported to Congress —
semiannually and will be available for public inspection. Any President
person %vho fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than $ 10,000 and not more than 925.818.3756
5100.000 for each such failure Telephone No.: Date: 02/13/20
Authorized for Local Reproduction
Federal Use Only:
Fnm I I. Re% W-2H-flfi
Standard Form - LLL
Page 10-77
LPP 06-02 May I, 2006
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Iman Kayani for HY Extension: 3352
Contractor Name: Park Engineering
Contractor's Contact: Steve Patterson Contact's Email: spatterson@park-eng.com
FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
_
a. Email PINS Introductory Notice to Contractor
Click Isere to
❑
enter a d:;te.
b. Email contract (in Word) and attachments to City
5/7/2020
Attorney c/o Laraiize.Gittens@cityofsanrafael.org
❑x IKK
2
City Attorney
a. Review, revise, and comment on draft agreement
5/8/2020
❑x LG
and return to Project Manager
5/8/2020
LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
5/11/2020
❑X BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
5/11/2020
❑x IKK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval
'City Council approval required for Professional Services
❑X IKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
5/18/2020
!
I
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
66
Project Manager
Forward signed original agreements to City
II o
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
I-
/// 2�) Z'D
j
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
'X •►(J
-
10
City Clerk
__
Attest signatures, retains original agreement and
����
j
forwards copies to Project Manager