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HomeMy WebLinkAboutPW NTPP Francisco Blvd Design AssistanceAgenda Item No: 3. p Meeting Date: August 19, 2013 Department: Public Works Pre paredbManager Approval: y: Director of Public Works (HY) SUBJECT: A Resolution of the City Council of the City of San Rafael accepting a proposal from CH2M HILL, Inc. for design assistance on the Non -Motorized Transportation Pilot Program (NTPP) Francisco Boulevard East Improvement Project and authorizing the Public Works Director to enter into a Professional Services Agreement with C142M HELL, Inc. in the amount of $1,84,002.44. The Non -Motorized Transportation Pilot Program (NTPP), funded through federal transportation legislation in 2005 (SAFETEA-LU), allocated $25 million to four communities nationwide including Marin County. The pilot program was initiated locally in the summer of 2006 by the Marin County Department of Public Works. The Francisco Boulevard East Improvement Project is one of 50 NTPP projects chosen out of over 200 to be implemented in Marin County and in 2007 was awarded $500,000 for alternative analysis, public outreach and design. On March 3, 2008, the City Council adopted Resolution number 12437 authorizing the Director of Public Works to enter into an agreement with Carter & Burgess, Inc. (later acquired by Jacobs Engineering Group, Inc.) to begin design of the Francisco Boulevard East Improvement Project. Improvement alternatives were developed and presented to stakeholders including the San Rafael Bicycle and Pedestrian Advisory Committee (BPAQ, the San Rafael Americans with Disabilities Act (ADA) Committee, and the Marin County Bicycle Coalition (MCBC). On February 17, 2009, following extensive public outreach by the design team and City staff, the City Council adopted Resolution number 12658 approving City staff and consultants) '4preferred design alternativell and directing staff to proceed with preparation of the design plans and specifications. Jacobs Engineering Group, Inc. completed design of the project plans and specifications to the 95% level. Federal Highway Administration (FHWA) requirements prohibit the City from completing final, 100% design of the plans and specifications until environmental clearance has been obtained. The project plans provide for the following improvements located on the east side. of Francisco Boulevard East between Vivian Street and the Grand Avenue Bridge crossing the San Rafael Canal. - FOR CITY CLERK ONLY Council Meefing: DisposiRionlo. 0 0 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa • Installation of an 8 foot wide sidewalk; • Updated roadside signage and striping; • Upgrades to storm drain and street lighting infrastructure; and • Installation of irrigation and landscaping. In 2012, the County of Marin awarded an additional $200,000 to the project to obtain environmental and right-of-way clearance and to finalize the design. The City has obtained the required Caltrans Local Assistance documents to allow reimbursement for the remaining design and environmental costs associated with this project. On May 2, 2013, the City issued a Request for Proposals (RFP) soliciting proposals to complete final design, environmental studies, and necessary permitting. The Department of Public Works received three proposals from qualified firms on May 30, 2013. All proposals were evaluated by City staff based on criteria specified in the RFP, including but not limited to understanding of the work to be done, previous experience with similar projects completed on time and within budget, qualified and experienced personnel on the project team, familiarity with state and federal procedures and commitment to adhering to the project schedule and budget. All three firms were selected for interviews, which were conducted on July 30, 2013 with panel members consisting of City staff. Since all applicants were well qualified, it was exceptionally difficult to narrow down a preferred design firm for this project. However, after some deliberation, the panel selected CH2M HILL, Inc. as the most qualified consultant to complete the final design and environmental studies. FISCAL IMPACT: The total approved grant amount for design since project inception is $700,000, which includes the most recently approved request of $200,000 to complete final design and environmental studies. The City is currently seeking grant funds to construct this project which is estimated to be $1,900,000. The federal NTPP funding requires no local match. The proposal from CH2M HELL, Inc. in the amount of $184,002.44 falls within the approved amount for the final design of this project. Revenue Source Federal Non -motorized $700,000.00-1 Caltrans approved an additional $200,000 i Transportation Pilot Program (NTPP) for final design (E-76 dated July 10, 2012 1 through Caltrans in addition to the formerly approved $500,000. Total Available Funds $700,000.00 Category -Eden Expense Code Note(s) Design -01 $488,881.83 Jacom Engineering Group,, Inc. $1841P02.44 CH2M HILL, Inc. $27.1115.73 City Staff Time/Document Reproduction Total Pr 'ected Costs $700�000.0o_m 01 We therefore request that the Council approve $184,002.44 for the project from the funding source listed above. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page, 3 The Council may choose to not authorize the Director of Public Works to enter into a Professional Services Agreement with CH2M HELL, Inc. and to reissue the request for proposals. Adopt the resolution allowing the Public Works Director to enter into a Professional Services Agreement with CH2M HILL, Inc. for final design and environmental studies of the NTPP Francisco Boulevard East Improvements Project. Enclosures 1. Resolution 2. Agreement 3. Exhibit A 4. Exhibit B ' RESOLUTION OF ACCEPTING A PROPOSAL FROM CH2M HILL, INC, FOR DESIGN ASSISTANCE ON THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) FRANCISCO BOULEVARD ` IMPROVEMENTS E PUBLICTHE DIRECTOR TO ENTER INTO j PROFESSIONAL AGREEMENT AMOUNT IN THE $184,002.44 allocated $25 million to the County of Marin for Non -Motorized Transportation Pilot Program WHEREAS, one of the projects selected for design and construction was the "Francisco Boulevard East Improvements" project; and RE��� E MW �� environmental and right-of-way clearance, and WHEREAS, City staff found that design services from qualified consultants will be requiredproject; and WHEREAS, staff obtained M! M # Caltrans ! begin the process of designing this project; and WHEREAS, City staff followed the federal standard procedures for selection of mm, WHEREAS, most qualified consultant amountin the 44 (technical attached • CouncilNOW, THEREFORE, BE IT RESOLVED by the of Rafael that the Professional Scope of Services for CH2M HILL, Inc., as attached hereto, fll. s #authorize the PublicWorks! enter 'Into Professionj 0 0 Services Agreement with CH2M HILL, Inc. for professional services listed in Exhibit "A" in a form approved by the City Attorney and in an amount not to exceed $184,002.44. Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. Council of said City on the I 9th day of August, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 11 Im AGREEMENT FOR PROFESSIONAL SERVICES WITH C112M HILL, INC. FOR THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTP FRANCISCO BOULEVARD EAST IMPROVEMENTS PROJECT I A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the CONSULTANT is as follows: CH2M HILL, INC. Incorporated in the State of CALIFORNIA The Project Manager for the "CONSULTANT" will be KAI CHAN The name of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL The Contract Manager for the LOCAL AGENCY will be NADER MANSOURIAN, Public Works Director. B. The work to be performed under this contract is described in Article 11 entitled Statement of Work and the approved CONSULTANT's Scope of Services dated May 30, 2013. C. Except as provided in Subparagraph B, CONSULTANT shall indemnify, release, defend and hold harmless LOCAL AGENCY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8,, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless LOCAL AGENCY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains toor relates to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of its duties and obligations under this Agreement. D. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this agreement, shall act in an independent contractor capacity and not as officers or employees or agents of the LOCAL AGENCY. E. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,, the LOCAL AGENCY may proceed with the work in any manner deemed proper by the LOCAL AGENCY. If the LOCAL AGENCY terminates this agreement with the CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due the CONSULTANT under this agreement and the balance, if any, shall be paid the CONSULTANT upon demand. F. Without the written consent of the LOCAL AGENCY, this agreement is not assignable by CON SULTANITT either in whole or in part. G. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. H. The consideration to be paid 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. A. Consultant Services: The approved CONSULTANT's Scope of Services is attached hereto (Exhibit A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. A. The CONSULTANT shall submit progress reports at least once a month with the progress invoice. The report should be sufficiently detailed for the Contract Manager to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager,, as needed,, to discuss progress on the contract. A. This contract shall go into effect upon execution by both parties, and the CONSULTANT shall commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager. The contract shall end upon completion of the work to the satisfaction of the LOCAL AGENCY'S Contract Manager. B. The CONSULTANT is advised that any recommendation for contract award is not binding on the LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY. A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis with a maximum "not to exceed" fee as set forth in the CONSULTANT's Work Estimate attached hereto as Exhibit B and incorporated herein, as being the maximum cost to perform all work. The Work Estimate fee shall include all direct costs and overhead such as,, but not limited to,, transportation,, communications', subsistence and materials, and any subcontracted items of work. B. The CONSULTANT will not be reimbursed for actual costs (direct or overhead costs) that exceed the approved CONSULTANT"S Work Estimate fee, unless additional reimbursement is provided for by contract amendment. In the event that the LOCAL AGENCY determines that a change to the work from that specified in the Work Estimate and contract is required, the contract time and/or actual costs reimbursable by the LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in the approved CONSULTANT'S Work Estimate shall not be exceeded, unless authorized by contract amendment. C. Progress payments will be made monthly based on actual hours, hourly costs, and support service costs charged to the project. Progress payments will only be processed upon receipt of itemized invoice and progress report submitted to the LOCAL AGENCY. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work,, the LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Article VI Termination. D. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports shall be submitted no later than 45 -calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall reference this contract number and project title. Final invoice must contain the final cost and all credits due the LOCAL AGENCY including any equipment purchased under the provisions of Article XVI Equipment Purchase of this contract. The final invoice should be submitted within 60 -calendar days after completion of the CONSULTANT's work. Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address: City of San Rafael Attention: Nader Mansourian 111 Morphew Street San Rafael, CA 94901 F. All subcontracts in excess of $25,000 shall contain the above provisions. U The LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) -calendar days written notice to the CONSULTANT with the reasons for termination stated in the notice. A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. B. This agreement is valid and enforceable only, if sufficient funds are made available to the LOCAL AGENCY for the purpose of this contract. In addition, this agreement is subject to any additional restrictions,, limitations,, conditionsl, or any statute enacted by the Congress,, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. D. The LOCAL AGENCY has the option to void the contract under the 30 -day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds. Pacre 3 of 15 tn F% V !64 # UOYM- M I I " , , 11' F100i 11111111 A. This contract may be amended or modified only by mutual written agreement of the parties. B. The CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the LOCAL AGENCY's Contract Manager. C. There shall be no change in the CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager. A. The Agency has established a DBE goal for this Agreement of 7.71 %. B. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not discriminate on the basis of race,, color, national origin, or sex in the award and performance of subcontracts. C. CONSULTANTs are encouraged to use services offered by financial institutions owned and controlled by DBEs. D. It is the CONSULTANT's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26,, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: 1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified throug the California Unified Certification Program 2. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner,, as a vendor of material or supplies, or as a trucking company. 3. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: i. The proposer is a DBE and will meet the goal by performing work with its own forces. ii. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. iii. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. 4. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing., managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution,, control,, management, risks and profits of the joint venture commensurate with its ownership interest. Pie 4 of 15 5. A DBE must perform a commercially useful function pursuant to 49 CFR 26.5 5, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. 6. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. 7. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. E. CONSULTANTs shall adhere to the following regarding subconsultants: 1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT. 2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. 3. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY. 4. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager in advance of assigning work to a substitute subconsultant. F. The following shall pertain to the performance of DBE consultants and other DBE Subconsultants/Suppliers: A DBE performs a commercially I useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibes by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra p - articipant in a transaction, Agreement, or project through which funds are passed in order to I obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. 3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force,, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved it will be presumed that it is not performing a commercially useful function. G. The following shall pertain to Prompt Payment of Funds Withheld to Subcontractors: Pau 5 of 15 t:� 1. No retainage will be held by the LOCAL AGENCY from progress payments due the prime CONSULTANT. Any retainage held by the prime CONSULTANT or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of this provision shall subject the violating prime CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime CONSULTANT and subconsultants. 2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. H. The following shall pertain to DBE Records --- 1. The CONSULTANT shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the CONSULTANT or the CONSULTANT's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. 1. The following shall pertain to DBE Certification and Decertification Status: If a DBE subconsultant is decertified during the life of the Agreement,, the decertified subconsultant shall notify the CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the CONSULTANT in writing with the date of certification. Any changes should be reported to the LOCAL AGENCY's Contract Manager within 30 days. A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 3 ) 1.000 et seq., shall be used to determine the allowability of cost individual items. B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR,, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR,, Federal Acquisition Regulations System, Chapter 1, Part 3 1.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY. The CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for ?- commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this contrIct without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the CONSULTANT,, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts, and transactions,, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,,000 shall contain this provision. Flt. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's Contract Manager and other City representatives, who may consider written or verbal information submitted by the CONSULTANT. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a disputenor its consic I feration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract. A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the LOCAL AGENCY'S FINANCE DIRECTOR. B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the LOCAL AGENCY'S FINANCE DIRECTOR of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the LOCAL AGENCY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this contract. A. The CONSULTANT shall perform the work contemplated with resources available within its own organization; and no portion of the 'Work pertinent to this contract shall be subcontracted without written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this contract!, shall contain all the provisions stipulated in this contract to be applicable to subcontractors. C. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager. ARTICLE XVI EQUIPMENT PURCHASE A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "The CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpeniso le property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract or if the contract is terminated, the CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal to its fair market value,, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGENCY in an amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be determined at the CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the LOCAL AGENCY and the CONSULTANT, if it is determined to sell the equipment,, the terms and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5000.00 is credited to the project. D. All subcontracts in excess $".,)-5,,000 shall contain the above provisions. 0 0 si ta-VIIN-M 101M Qw"1111!111� 1, 11 I111! L The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY,, the state, and the FHWA if federal participating funds are used in this contract* to review and inspect the project activities and files t�` I at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XVIII SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work,, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL AGENCY, the following insurance policies: I A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability insurance policy, for owned, non -owned, and hired vehicles, in the minimum amount of one million ($ 1,000,000) dollars per occurrence. 3. If any licensed professional perforins any of the services required to be perfort-ned under this Agreement,, a professional liability insurance policy in the minimum amount of one million $1 ,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT in Subparagraph A above, shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be endorsed for contTactual liability and personal injury. Except for professional liability insurance, the insurance policies shall provide in their text or shall be specifically endorsed to name the LOCAL AGENCY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies, and to provide that the insurance shall be primary with respect to any insurance or coverage maintained by LOCAL AGENCY and shall not call upon LOCAL AGENCY's insurance or coverage for any contribution. 3. CONSULTANT shall provide to LOCAL AGENCY'S Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) text from the insurance policies or the endorsements as specified in Subparagraph B(2). 4. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to LOCAL AGENCY's Project Manager. 5. If the insurance is written on a Claims Made Form, such policy shall be retroactive to, or prior to, the effective date of this Agreement, and CONSULTANT shall maintain the same policy in effect for a period ending not than less than five years following termination of this Agreement. CONSULTANT shall also continue to provide LOCAL AGENCY with Certificates of Insurance evidencing the insurance coverage required herein, and showing the retroactive date required herein, for five years after substantial completion of services. If coverage is canceled or non -renewed, it shall be replaced with another claims -made policy form with a retroactive date of or prior to the effective date of this Agreement, or else CONSULTANT must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the LOCAL AGENCY Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and LOCAL AGENCY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the LOCAL AGENCY's Risk Manager and the LOCAL AGENCY Attorney. At LOCAL AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL AGENCY shall be reduced or eliminated to LOCAL AGENCY's satisfaction,, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. A. Upon completion of all work under this contract,, ownership and title to all reports, documents, plans, I specifications, and estimates produce as part of this contract will automatically be vested in the Paae 10 of 15 t_1 LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to the LOCA AGENCY. The CONSULTANT shall furnish the LOCAL AGENCY all necessary copies of daIt needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contrIct has been entered into. C. The CONSULTANT is not liable for claims, liabilitiesor losses arising out of, or connected with the modification,, or misuse by the LOCAL AGENCY of the machine-readable information and data provided by the CONSULTANT under this agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project, by others, except only such use as many be authorized in writing by the CONSULTANT. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreements as appropriate. E. The LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnet, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with the LOCAL AGENCY'S construction contrac) administration andlegal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that j AGENCY considers essential to assist in defending I gainst construction contractor claims will be made available on reasonable notice from the LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates,, including travel costs thal are being paid for the CONSULTANT's personnel services under this agreement. C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this agreement in order to resolve the construction claims. D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. A. All financial. ormation relative to the LOCAL 7 statistical, personal, technical, or other data and inf AGENCY"s operations, which are designated confidential by the LOCAL AGENCY and made Pao,e I I of 15) available to the CONSULTANT in order to carry out this contract, shall be protected by the CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion,, or public hearing held by the LOCAL AGENCY relating to the contract,, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. The CONSULTANT shall not comment publicly to the press or any other media regarding the contract or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the LOCAL AGENCY. In accordance with Public Contract Code Section 10296,, the CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the CONSULTANT within the immediately preceding two-year period, because of the CONSULTANT's failure to comply with an order of a federal court that orders the CONSULTANT to comply with an order of the National Labor Relations Board. The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of this evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements ot 0overnment Code Section 12990 and Title 2 California Administrative Code". Section 8103. A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty o perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49 Code of Federal Regulations,, Part 291, Debarment and Suspension Certificate, which certifies thal he/she or any person associated therewith in the capacity of owner,, partner, director, officer,.,,, 0 manager, is not currently under suspension, debarment voluntary exclusion, or determination o I Page 12 of 15 ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considereii-I in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works,, shall contain all of the provisions of this Article. A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D. The CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with the CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through j oint-ownership, or otherwise. E. Except for subcontractors whose services are limited to providing surveying or materials testing informationno subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contractor on any contract to provide construction inspection for any construction project resulting from this contract. The CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful considerationeither promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pkv only for the value of the work actually performed-, or to deduct from the P. 13 of 15 contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receip) requested, postage prepaid, and addressed as follows: • CH2M HILL, Inc. Kai Chan, Project Manager 150 Spear Street, Suite 750 San Francisco, CA 94105 LOCAL AGENCY: City of San Rafael Nader Mansourian, Contract Manager 111 Morphew Street San Rafael, CA 94901 The two parties to this agreement, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this agreement constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed-, each agree to diligently perform in accordance with the terms and conditions of this agreement as evidenced by the signatures below. 1"I M I kl1= During the performance of this Agreement, CONSULTANT and its subconsultantss shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Page 14 of 15 LOCAL AGENCY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement to the other party. q FEV11141KNANFAWk WA11LTArK#-W1`1� 111111 a ii The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the pei-fon-nance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). ARTICLE XXXVI SIGNATURES CITY OF SAN RAFAEL CH2M HILL, INC. NADER MANSOURIAN Public ATTEST: ESTHER C. BEIRN City Clerk I ROBERT F. EPSTEIN City Attorney Paae 1 -5 of 15 Z-- 13 0 Is project and familiarity with the key project stalreholaers will read CH2M HILL 's understanding of th - y tne Francisco East Project Improvements - Phase 2 Project for construction on schedule and within the City's budget. CH2M HILL recognizes that the City of San project scope is to widen appro xUrnately 0.75 mile of sidewalk on Francisco Boulevard East, from Vivian Street to Grand Avenue (beginning of the bridge crossing over San Rafael Creek), Francisco Boulevard East is rI cal arterial street that connects Grand c affi Avenue to the north and provides access to downtown San Rafael for residences south of San Rafael Creek and east of the Highway 101 and Route 580 freeways. Motorists use East Francisco to travel north/south through the city, to access businesses along East Francisco Rafael (City) has worked diligently to complete and often to bypass congestion at the Highway the Francisco East Project Improvements 101/Route 580 'Interchange. In addition, many Project,. and is now ready to advance the Phase pedestrians and bicyclists use East Francisco to 2 project to construction. To accomplish this traverse the freeway to access key destinations objective, the City requires a team that can throughout the city. provide project management,, environmental rovi documentation, permitting assistance, and final The cost for the project engineering and design services to take the project to the finish environmental studies is 100% reimbursable from the Federal Non -motorized line. The City's objective for this RFP is to have Transportation Pilot Program (TPP)1 therefore, plans, specifications and cost estimates by experience working with Caltrans District 4 February 2014; and CH2M HILL proposes a qualified and local team to achieve this Local Assistance Office is critical to the success objective for the City. of this work. Based on our review of thd h r . nt-t i-6,a'rn*arf "roAntly heeds Caltrans V %JJ I J NEPA/CEQA approval as timing is critical for the City to take advantage of the federal funds. Caltrans completed the environmental scoping in March of this year,, and the City needs to complete the environmental technical memos that are required by Caltrans' Office of Local Assistance to process the NEPA/CEQA clearance. The preliminary environmental document classification under NEPA for this project is a Categorical Ex'cfusion (CE) and under CFQA is a Categorical Exetm'p'd o*,n (CE) with vom END CONSTFIVOTION �I-A VRW;-:W-� Or )�Orh (BMAY efyd��� STA 11'4 104CO VAN RAPANt t7 00�rk (E. FJ1Akt.JSCQ BLYD) --:r et o� STA 1-5-101 I mxjr, G� 1 —4 -- — . . --I STA -RO71 4244 3r.= t Vl\ PHASE2 012tt ot m rpmmisco eLVO) OEM CONSTRUCTION STA *t' I 109 43 ?1 **4 .1400 PU 3. 6 SAN RAFAlt I STA -r lSt% CH2M HIL L is familiar with the larger Context Of the Francisco East Project and is ready to progress the plq'ect to regulatofy- approval and construction. 3 S#F003149M2 TBG0507130141 MAO Project Understanding required technical studies to support this determination. Approval of the CE will allow for the approval of the Caltrans, encroachment p "t. erml Our approach for this project is to assign a ilable and seasoned professionals who have val I local experience., to achieve the City objectives with the budget allocated. Our team will work diligently to complete the environmental technical memo while performing a comprehensive quality review of the 95% plans to identify any potential risks and to •assist the City to gate these risks to ensure the project proceeds to advertisement and bid, A key element of our approach is to work closely with you to meet the project's challenges (some of which are highlighted below). Through an effective partnership our team can help the City address these issues and thereby achieve project success. The roadway cross section is constrained by a freeway on one side and private property on the other side. We will be sensitive to private property owners concerns and El design the project to minimize disturbance to them. #I The project scope does not allow for reconstruction of the street pavement grade and the sidewalk must conform at the right of way line. This limits the widening of the e 8 xistinsidewalk to g -feet and leaves very little flexibility to adjust the flow line elevations along the gutter. Should more funding become available, we will rehabilitate the street as well as widen the sidewalk. Our team will closely review the drainage design because the gutter flow line has a relatively flat grade and will add additional drainage Inlets if needed to collect surface water runoff in addition to the proposed number of drainage inlets. Construction easements are required for construction of infrastructure along the right of way line and needs to be addressed by the City especially at the Toyota Dealership. EXISTING RAY BARRIER N,V *-- �- Iz- sup- - EXISTING wwwoww" CONDITIONS EAST WEST 2, X' a tovel turn travel C19 side - lane lane lane walk EXISTING BARRIF-R\V R/W C;K PROPOSED --------- ----- IMPROVEMENTS EAST WEST 6. travel turn travel r/9 sidewalk lane lane lane Oar detailed understanding of the design will allow a quick project startup and no leafning cul-ve to take proj`ect to 100 % desigf i. 4 SFOMIOW02 TBG050713014123RAO 4 Numerous driveways provide access to businesses and private properties along the street and access must be maintained during construction to minimize impacts. The specifications will need to provide guidance on the contractor's operations to maintain driveway access and additional City inspection during construction is recommended as this is not part of the scope of this RFP. Many utilities will need to be adjusted to construct the new sidewalk including PG&E, AT&T, Marin Municipal Water District, Comcast, Las Gallinas Valley Sanitary District, City, and Caltrans facilities. This is a project risk that needs to be addressed as we proceed to the construction phase. The roadway profile is relatively flat with pavement undulations due to differentlaf settlement which is not part of the scope. However, we will be glad to assist the City with pavement rehab tation solutions. We will help the City with permit review and approval process as East Francisco Boulevard between Harbor Street and Grand Avenue is within Caltrans rights of way. As Caltrans and the Ci*tyjointiy own the rights of way on East Francisco Boulevard, future maintenance of the improved street will need to be addressed between the City and Caltrans. If desired., we could help facilitate •the •agreement with Caltrans. Our 100% PS&E will address 'I'm pacts associated with existing street lighting, driveway, landscaping, drainage, underground utilities and •infrastructure, fire hydrants, signs, and other existing sidewalk features. This will be addressed in our design. The pavement along East Francisco Boulevard is in poor condition and would benefit from some pavement rehabilitation. Our team has expertise in this area and can assist the City should this s added to the project scope. We will address and update the sidewalk t( meet ADA standards. The posted design speed for East Francisco Boulevard should also be reviewed to maximize safety, and we can provide a recommendation and work with the City tc assess this design issue. It is important that we keep stakeholders informed of the project as many bicyclists and pedestrians use East Francisco Boulevard to travel nort and south and to access.Bellum Boulevard to cross under the US 101. Local businesses along East Francisco Boulevard will need to be kept informed of the project to reduce conflicts during construction. CH2M HILL can provide this assistance after the project is advertised as" an additional service; The car dealerships along Francisco East use the median left turn lane to park their transport trucks to make deliveries and pick-ups. It is important that we coordinate with them and keep them informed of the progress of the construction to minimize disturbance to their opprations. We will factor this into the* p'r6pa'rafion,of the construction documents'. A • CH2M HILL st'ructural - engineers can assist the City -if funding Is. available to further extend pedestrian and,bi ' cycle facilities beyond the Grand Avenue aridge over San Rafael 'Creek to provide connectivity,to the bike facilities to the north and downtown. • We will complete the 100%.PS&E using AutoCAD 2009., and we will comply with-, — American with Disa bes Act (ADA) California Manual of Uniform Traffic Control Devices (AMTD, 2010 Caltrans design/traffic-guidelines. — Caltrans Local Assis'tance Procedure Manual (lAPM) — Caltrans" encroachment permit process 0 0 CHOU HIL L "s project approach relles on experlenced staff who will qulck�y and cost WOW vely rO We W doctiments and develop the 100% design and en vironitiental documentation. Task 1 - Project Management and Coordination CH2M HILL has provided engineering and environmental services to a variety of clients in the Bay Area including Caltrans District 4 (On - Call Environmental, Design, and Claims contracts)., Santa Clara delivering transportation Kai Chan, PE, PMP a senior manager and Project Management Professional (PMP) will serve as our team's project manager and single point of contact between the City and our team. He brings his 21 plus years of Calirans District 4 experience as a Caltrans manager and over ten years of consultant experience Valley Transportation Authority (Santa -Clara Alum Rock BRT) and the City of San Jose (three on-call City Traits contracts), We know from our experience that a project with a limited budget requires a focused, committed, and qualified team that will work seamlessly together to deliver the project. Therefore, we have assembled a team specially tailored to this project and comprised of engineers and environmental will a specialists that will respond quickly to deliver the precise Selecting the CH2M HILL team brings the projects for various clients City thefollowing key benefits; in the Bay Area. He is t • A qualified project manager that has widely respected at experience working with Caltrans District Caltrans and has the 1 4, and the management and technical ability to . work with skills needed to deliver quality services Caltr'ahs staff to deliver • Key staff that have a successful history of delivering similar projects on time and within budget Highly skilled design and environmental professionals with recent and on-going Caltrans expertise A solution -driven team with the ability to work with multiple stakeholders and j igs-to-baffi-e-Y-6-PA i t M -ma- M Effective c6mmunications and strong working relationships are vital to the successful execution of this project. To ensure effective communication, Kal*'s approach is to communicate weekly with f OF implement feasible'innoVative design solutions Ample staff resources available to deliver quality products on schedule 1P . . . . . . . . . . . T"'d fk ky - services needed by the City for this project. CH2M HILL has augmented our technical resources by adding Y&C Transportation Consultants (Traffic Signal/Electrical) and Merrill Morris Partners tLandscape Architecture) to the team which enable the CH2M HILL team to exceed the targeted Disadvantaged Business Enterprise (DBE) goal of 7.71% for this project. Our projected DBE partic'.atlon i's 12.5 Y6* and report ori •team progre* ss, ex*penditures, and review the project •risk p*la'n*' Mith the City Project Manager. This will be by a short phone call or email communication. He will also address issues, provide recommendations, and resolve 'Issues to keep the project on track. Proactively Identifying potential project issues ,2nd task assignments enables us to mobilize ,ijuickly to respond to the Cilty.needs and make - corrective actions. Kai will be.accessible to the 7 S1314100002 TBS 050713014123BAO Project Approach CH2M HAVs Project Delivery System will expedite project completion and eliminate surprises, We commit to: Formal and informal partnering to ensure that we work• as a team to achieve all project and program goals. • Frequent and accurate communication with the City to keep its managers apprised of progress throughout the project. Embedded Yjthin cur PDS are other tools'and systems that support our management approaches, including integrated project controls (e.g,, scope, cost, and schedule), procurement and accounting functions, and quality health and safety programs. The PDS process consists of several steps: • Project Planning — Confirms the City's vision, develops a delivery approach, and confirms the budget" and schedule requirements, Upon contract award Kai vA meet with the City to define the project and prepare for the initial chartering and work planning. Create Project Management Plan and Instructions — Kai and his task leads will develop these documents, vMch include developing the cost and schedule, project assignments, chain of communications, and OA/QC plans. These documents are updated throughout the project development. Team Chartering — Develops the mission, CIO$ vision, goals, rules, responsibilities, and project and Transfer requirements with our team and the City. Kai WMI09 gill assemble the project team, including City (110 rtT I staff, to hold a charteringlinitiation meeting With a proven successful track record, CH2M HILLis committed to p 'ding quality documents and rovi quality service.* We strive for successful projects, and believe in ensuring that o tur'designs and documents meet appropriate standards of accuracy and completeness – and we beli eve in doing it right the first time, Errors and omissions have long term effects on a compan)(s reputation,. as well -as costly implications on our liability, insurance. Therefore, postponing quality checking until the end of the clesign process is unacceptable. We are committed to the performanc6 of quality services and will perfor'm all work in accordanc'e 'with th6 project - specific qualfty"prograrn that includes both quality.controf (QC) and quall'iy ass.*ura'nc*e CH2M HILL's QA/QC policy and plan defines projec t quality; procedures for performing, checking and reviewing the services based on the where we will convey our mutual project objectives and expectations, including type of assignment.; standard cost, schedule, and quality so that individual buy -in is obtained from all team practice to be met* and procedui]re members. City and will be working out of CH2M HILL"s Oakland office,. next door to Caltrans District 4 and only 20 minutes from th- . . Maintaining Quality control Quality i's paramount to CH2M HILL. Kai has assigned Dina Potter,. PE,, as QA/QC Manager to ensure that the team follows CH2M HILL)s QA/QC process. She will oversee the task leads' work and report to Kai regularly throughout the project. —tor crocum ent c ontrof ana recor keeping. Individuals who were not involved in the analysis or preparation of the documents will check all analysis and calculations., verify that the submittal is complete, and that all previous review comments were addressed and appropriate actions taken. The. QC process includes submission of a completed document for 'Impartial review against'crit'eria, standards, and professional practice. 1upo'n completion of the review, the comment§*are discussed and 'led before the document Is updated and recond independently back checked to ensure all SFOWMM TBG050713014123BAO comments were adequately addressed and that needed revisions were made. The QA/QC Manager will review the documents to check that they are complete, the procedures were followed, and that the review was performed. Key Task Managers Kai has identified two task leads: Glenn Manorek., PE (Design) and Loretta Meyer, AICP (Environmental). They will work with a select group of technical staff to quickly and cost- effectively finalize the design and prepare the project for construction. Glenn and Loretta are backed by over 1,400 staff in California who can be deployed as needed for this project or any other services needed by the City. These resources include NEPA specialists, engineers, and technicians exclusively dedicated to transportation planning., permitting.. design and construction administration. Project Management Plan ,?nd Coordination Key to the successful completion of a project on schedule and within budget 'is a well -conceived project managemen plan implemented by a committed project manager. Kai's management approach 'is based on other successful projects, using time -prove Project Approach management and administrative systems developed to enhance communication between the City and our project team members. Exhibit 1 summarizes C,H2M HlU!s, Project Delivery Systemprocess for successful project delive From our experience working with Caltrans, we have developed a cross -functional team approach to deliver projects. Key elements include: Proactive planning —work with Caltrans to clearly understand their requirements, and help them with risk management and identifying scope issues that would delay a project Team work and partnering to resolve project issues — partner with Caltrans to develop teamwork that will be fostered throughout our interaction with Caltrans staff to resolve project issues. Open communication and understanding requirements —Define project tasks to ensure team members understand requirements and delivery schedules. Commitment to providing quality deliverables on schedule — Deliver a quality and complete product on schedule to Caltrans thereby avoiding delays the approval process. Project scheduling and budget control — Provide a clear project schedule for the team and as information for Caltrans so t that they could plan their resource to review our submittals. SF003149W TBG0,50713014123BA0 To deliver quality Products for you, Kai has mapped c ut the detailed project schedule with the tasks tha. t will be used by the team as a roadmap, to success. All the team members are strong communicators and will work well with City staff to address project issues before they become a problem. At our team kick off m -eeting,.-we wi thoroughly discuss our project plan and schedule with the City PM and staff to establish clear communication and ensure* a Cohesive team built*around common project g6als. Each meetin*g will have an 1 agenda an*d.CH2M HILL will prepare meeting minutes for the City's review. Project requirements are identified using a variety of techniques, including: stening to your project manager, resoFfrig unclear directions and/or requirements and restating them as a second point of reference, and establishing clear lines -of communication. These project guidelines, along with quality Project Approach control, communication, budget, schedule, and standards, are part of the Project Management Plan. 11 ITS 111 A project partnership with "no surprises" requires shared understanding and expectations. Regularly scheduled progress meetings will keep the City Project Manager up-to-date regarding the project approach and strategy,, potential issues, schedule and budget status, and consultant performance. Tools such as agendas, action lists, and meeting summaries assure that time is spent productively and action items are documented and handled efficiently and do not "'fall through the cracks." This encourages focus, continuity and accountability—vital ingredients for delivering a project efficiently and expeditiously. CH2M HILL Team Communication Kai has found that weekly coordination meetings/conference calls with team leaders and other key members are excellent for coordinating work efforts, identifying issues, and dissepertinent proje minatingct information. City team members are encouraged to participate in these meetings/conference calls to provide additional guidance and input on the project issues and to support the coordination and oversight of the project. The information shared in these meetings is the backbone of our team's success. Data tracking logs and action item lists are some of II tools that help us distribute pertinent information to prevent unnecessary schedule delays. CH2M HILL uses a Common Operating Environment (COE) that allows all employees in all offices to communicate and exchange files with no translation requirements. E Project control is an essential tool that makes good project management possible. By developing and maintaining an accurate . project schedule, and tracking and reporting , expenditures versus physical percent complete, Kai and Hunter can have a snapshot of the project's health and performance at any time. While it is essential to manage the work within the financial and schedule constraints, it is sometimes harder than it seems. There are a variety of risks that challenge a project's budget or schedule like: scope creep, expanded schedule duration, unclear or delayed direction, and lack of consensus. Kai is ultimately responsible for managing these elements. He will monitor cost information such as current period costs, costs -to -date vs. budget, percent budget expended, and most importantly --- physical percent complete to facilitate his management of the project. M_ Project Schedule Meeting Agenda an"d Minutes Task 2 - Preliminary Studies and Research CH2M HILL will prepare a multinmodal analysis for the project and identify needs and provide recommendations. The analysis will identify thi travel route used by pedestrian and bicyclist, with in the project limits, a nd the bus routes that utilize East Francisco Boulevard. The repor will be a concise and readable docurnent that the City can use. for future plan * ning. To be prudent with the project budget, Kai will meet with the City Project Manager prior to starting work to discuss the work scope/budget and outline the report to ensure that the product will meet the Citys expectations Defivera bles: Multi -Modal Analyst's Report 10 TBG-050713014123RAO 0. 0 Task 3 - Design Both Kai Chan and Glenn Manorek have worke on the US 101/1-580 Connector Project for the Transportation Authority of Marin, and they ar familiar with the East Francisco East Phase 1 project and know the project area. Together they will use their knowledge to do a thorough review of the 95% plans, specification and estimate and complete Phase 2 of the improvements on East Francisco Boulevard. In preparation for this RFP., Kai and Glen hand reviewed the project and have summarized our approach and steps for Task 3. The CH2M HILL team under Glen will do the following. Work with City staff to collect all previous project files, survey and right of way information, design calculations, and all items relating to completing the project. It is our expectation that City has completed all the required right of way and survey work, as it was not specified as a scope 'Item. 2. Work with City to •collect all as -built, infrastructure Informao tin, and correspondence collected from the utility companies. CH2M HILL will work with City to contact utility companies to inform them of the pending project, issue the utility notice, and Initiate •coordination between the City and the utility companies. 3. Perform a comprehensive QC review of the 95% plans to determine the level of design work needed to take the project to 100%, identify issues, and assess project risks for the City0s information and use. 4. Update the construction cost estimate to assess the adequacy of the construction 0 budget to ensure the available funding matches the scope of work. S FQk1 314M2 TBGG50713014123BAO Project Appro'aci 5. Analyze the project areas f o*r potential issues such as right of way and construction constraints and environmental issues. 6. Present the design steps needed to reach 1009/o, the potential project risks., and cost estimate to the City to v 'erify that the desired work is compatible with the projec budget. 7. Coordinate with involved regulatory agencies and support the City at public outreach and public forums to explain the project details. 8. Complete the 100% design by Febrdary 2014. 1 9. Produce plans printed on 22" x 34" sheets, signed by a licensed California engineer, ready for bid 10. Complete the PS&E checklist for submittal to Caltrans 11. Coordinate with Caltrans staff and District 4 Encroachment Office to obtain the permit for the project The following section includes a detailed project schedule that incorp"O'rates the t5sks described in this section. [fie fiverables: 0 Outreach Meeting -Agenda and Minutes 0 One set of Pre -Final PS&E for City review 0 One set of Final PS&E (hard and electronic copy) our team !iiich i's based on the Calfrans, Preliminary Environmental Studies (PES) form, and we will rely on this to produce the environmental technical memos required by Caltrans to issue a NEPA Categorical Exclusion and CEQA Categorical Exemption. It will include meetings with Boris Deunert, Hugo Ahumandla, Project Approach Maureen Zogg to review the comments made Based on Caltrans comments on the PES, we in the PES form and to clearly determine are prepared to produce the following technical Caltrans requirements in the environmental memos in response to Caltrans*' March 11,, 2013 technical memos. We will work to efficiently memo: and cost effectively produce the environmental technical memo for submittal to the City, I For over the last decade., CH21V HILL has delivered consultant services on a series of on- call environmental contracts with Caltrans District 4. Due to our relationships with Caltrans environmental professionals, our office adjacency and our ability to deliver quality work, CH2M HILL was recently awarded (early 2013) another on-call environmental contract for another three year period. CH2M HILL has strong working relationships with Yolanda Rivas, many of the Caltrans environmental technical reviewers, and other Caltrans functional unit staff and is uniquely qualified to provide the environmental services to the City on this project. CH2M HILL's Oakland office is located just next door to Caltrans District 4, and our presence benefits many of our clients as we are able to strengthen our relationship and technical communication with Caltrans to deliver projects for our municipal and self-help county clients. The environmental technical memos are expected to require minimal work, while others will be more extensive. Since we have the 95% plans, we will work on completing the environmental technical memos as soon as possible upon receiving the No tice to Proceed (NTP). This will be done concurrently with the design team working on completing the 100% PS&E. However, our team will work collaboratively to monitor the progress on both the environmental side and design side in order to identify and minimize any potential changes that could impact the 100% PS&E. Traffic Handling and Construction Staging memo will address traffic volumes on East Francisco Boulevard and traffic -handling during construction. Caltrans expects information on traffic handling and its effects on the Caltrans facility; construction traffic plan, equipment staging, and any impact associated with loss of parking rking and the relocation of traffic poles. a Air Quality memo will comply with the Clean Air Act {CwA), which requires that federally supported activities must conform to the State Implementation Plan (SIP),, whose purpose is that of attaining and maintaining the Nation'al Ambient Air Quality Standards (NAAQS}: * Hazardous Materials memo will include discussion on whether there are any signs of past or present hazardous materials or waste uses, or any known hazardous materials within orimmediately adjacent to the construction area.'If necessary, an ISA will be consulted to determine if past or present hazardous or waste materia'Is are potentially present on 'or adjacent to the project site. Water Quality memo will include a discussion of Best Management Practices (BMP) during construction and will incorporate CWA requirements. The CWA protects the chemical, physical and' biological integrity of the Nation's waters by regulating discharges of p'ollutants 'into waters of the U.S. Sectibri 401 of the CWA requires a water quality certific'ation from the State or Regional Water Quality Control Board when a project requi r -es a federal 12 S0131490OW2 TBGC50713014123BAO Project Approach license or permit and will result in a discharge into waters of the U.S. Section 402 of the CWA'establishes a permitting system for the discharge of any pollutant into waters of the U.S. A National Pollutant Discharge Elimination System (NPDES) permit is required for all point discharges of pollutants to surface waters* 0 Location Hydraulic Study & Summary Floodplain Encroachment Report 0 Right of Way memo will address Impacts on right of way • Community Impacts memo will discuss impacts to parking and driveways 0 Biological memo will describe the Impact on existing trees and the impact on migratory birds from the removal of trees with nests. 0 Cultural Resource memo will Include discussion about the Area of Potential Affect (APE) map., Historic Property Survey Report (HPSR}, and the Archaeological Survey Report (ASR). For this project, an APE will be developed and agreed to by Caltrans. Following the APE map., a records search will be conducted for potential Historic Properties and an HPSR and ASR will be prepared.* Deliverables: • Preliminary Environmental Technical Memos • Final Environmental Technical Memos • Final NEPA- EE -E for City submittal to Caltrans 1 3 SFU0314M2 TOG 31413 I $22,346,19 $4j910,87 $102,933..65 $184,002i44