FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #4
MEETING DATE
PREPARED FOR
PREPARED BY
SUBJECT
June 4, 2025
Mayor and Town Council
Heather Abrams, Fairfax Town Manager
Approve Amendment No. 11 to the Master Agreement with MGE Engineering, Inc., to Increase the Contract Amount by $174,280 for Additional Cultural and Historic Resources and Environmental Studies for Creek Road Bridge and Bridge Preventive Maintenance Program (BPMP - Canyon, Marin, Spruce), and Accept $115,739 in Grant Funding. Additionally, Combine the Separate Agreement for Azalea Avenue Bridge Project with the Master Agreement.
RECOMMENDATION
After approval of the transfer of the master contract from California Infrastructure Consultancy (CIC) to MGE Engineering, and approval of Amendment No. 10 for another project in that agreement (Meadow Way Bridge), approve Amendment No. 11 for $174,280 for additional NEPA and CEQA environmental, cultural and historic resources studies for two bridge projects, Creek Rd. Bridge Seismic Retrofit and Bridge Preventive Maintenance Program (BPMP- Canyon, Marin, Spruce). The master contract has a running total of $4,139,842 before the addition and will be increased to $4,414,122.
Additionally, transfer CIC’s other agreement for Azalea Ave Bridge Replacement project and combine it with the above master contract. The contract amount for Azalea Ave. Bridge will remain at $860,678 and will only be combined with the other contract as part of the transfer to MGE Engineering, resulting in an overall not-to-exceed amount of $5,174,800. The funds are mostly federal, with local (Fairfax) match. These grants provide primarily 100% grant funding, some 88.5% grant funding, and CEQA must be funded by the Town, for critical bridge repair or replacement projects in Fairfax.
BACKGROUND
As described in the previous Council Agenda item, in October 2013, the Council awarded one master contract to CIC for grant funded work to repair and replace several bridges in Fairfax. Since the bridge projects began, a new Council member has been elected who lives close enough to the Meadow Way bridge that the Council Member has a conflict of interest and cannot vote on Meadow Way bridge items; thus the required amendment has been divided to have one amendment for Meadow Way (Amendment #10) and another for the remaining bridge projects (Amendment #11), so that the conflicted Council Member can vote on non-Meadow-Way items.
The 2013 master contract to CIC was for $339,000 to provide preliminary engineering, community outreach, environmental, and design services for five bridges in Fairfax: Creek, Meadow, Marin, Spruce, and Canyon Road bridges. There has been a total of nine previous amendments to the original master contract and only the following four are relevant to BPMP and Creek Road. • Amendment No. 2 increased the contract by $25,925 for BPMP for additional work on April 3, 2014. 2 • In September 2014, the Council approved contract Amendment No. 3 to increase the agreement by $737,110 to allow CIC to begin the environmental and design work for the Spruce, Canyon, and Marin Road bridges (BPMP program) and Creek Road Bridge Seismic Retrofit project. • In October 2015, the Council approved Amendment No. 5 to increase the contract amount by $164,580 for additional environmental services required for the BPMP Bridges and additional design services for adding the BPMP component to the seismic retrofit of Creek Road Bridge, programmed by Caltrans.
• In July 2021 Council approved Amendment No. 9 for $142,150 for Creek Road’s and BPMP’s rightof-way phases, the Canyon Rd. Fish ladder, extended Phase 1 Archeological Surveys, and additional project management and administrative costs for the two projects.
Separately, in September 2016, the Council awarded a contract to CIC to provide preliminary engineering, community outreach, environmental, and design services for Azalea Avenue Bridge Replacement in Fairfax.
• Amendment No. 1 increased the Azalea Avenue Bridge contract by $431,458 for additional work in December 2017, increasing the total agreement amount to $860,678.
DISCUSSION
Below is a brief summary of the costs (see attachment A for more detail) for the additional work to be performed on two out of three projects. The total cost for the proposed services is $174,280, $88,736 for BPMP, $85,544 for Creek Rd and none for Azalea Ave.
Additional Scope of Services and Cost for Creek Road Bridge and BPMP:
Environmental Issues - The amount of $60,000 has been authorized by Caltrans to finish the NEPA environmental document for each project, recognized as extra work not previously included in the scope of services. In addition, CEQA costs, entirely the responsibility of the Town and unsupported by the federal contributions, have had to be adjusted based on increased scope of work.
Additional NEPA and CEQA Scopes of work – Caltrans District 4 Local Assistance Office (LAO) required that the design Team's subconsultant for Cultural Resources to conduct an additional shallowhole exploration at the site for archeological investigation purposes. There are now two such investigations, one at Creek Road and the other at Marin Road. These affect several Cultural and Historical Resources reports, which have been prepared and submitted to Caltrans for review and approval to lead to NEPA certifications for the for the two projects.
Additionally, the environmental subconsultant staff has had to incorporate updated CEQA Guidelines questions into the already drafted IS/MND sections, spent time to coordinate with State Clearinghouse CEQANet portal staff and County Clerk staff regarding noticing submittal requirements, mandated by Assembly Bill 819. They have also responded to the extensive comments the Town provided on the Administrative Draft IS/MND and will respond to any comments from the public and/or agencies on the Draft IS/MND that will be circulated for a 30-day review period. 3 No additional contractual change is reported for Azalea Avenue Bridge Replacement project, except that it needs to be moved over to the new contract under MGE Engineering.
FISCAL IMPACT
Prior to the authorization of the latest E-76s by Caltrans, the budget was $503,805 for BPMP and $901,1946 for Creek Road. These amendments will escalate the new budgets to $592,541 and $987,490 for the two projects, respectively. Azalea’s budget has been $860,678 and will remain unchanged for now. The new master contract amount for the Town’s four bridge projects, Meadow Way, Creek Rd., BPMP and Azalea Ave., will be $5,174,800 Of the $174,280 amendment, BPMP’s federal $60,000 requires 11.47% match ($6,882); Creek Road’s federal $60,000 requires no matching funds. $51,272 funds for CEQA are all the responsibility of the Town. Azalea Ave has no cost increases reported at this time. The total matching funds come to $58,154 for the two projects.
The adopted FY 25-26 CIP budget for these projects includes the costs for the above services.
ATTACHMENTS
A. MGE breakdown of costs
B. Amendment No. 11 to master contract with MGE
Breakdown of Costs ‐ BPMP, Creek Rd & Azalea Ave
Attachment A to Staff Report for Council Meeting of June 4, 2025 Original CIC
Contract Budget
thru Amend 9
(NEPA+CEQA)
Total New
NEPA+CEQA
Contract
New Fairfax
Amendment (No.
10)
Total Invoiced
thru Dec, 31, 2024
Budget
Remaining
Required New
Fairfax NEPA
Match
Required Fairfax
CEQA Match
Total New Fairfax
Share
Fairfax Share as a
Percent of the Grant
Bridge Preventative Maintenance
Program (BPMP)
(New funds, SEQ 6)
Design &
Environmental $503,805.00 $592,541.00 $88,736.00 $572,908.44 $19,632.56 $6,882.00 $28,876.00 $35,758.00 59.6% Creek Road Bridge
(New funds, SEQ 5)
Design &
Environmental $901,946.00 $987,490.00 $85,544.00 $976,195.72 $11,294.28 $0.00 $22,396.00 $22,396.00 37.3% $1,405,751.00 $1,580,031.00 $174,280.00 $1,549,104.16 $30,926.84 $6,882.00 $51,272.00 $58,154.00 48.5% Contract 2 ‐ Azalea Ave Bridge (No
new funds, still SEQ 3)
Design &
Environmental $860,678.00 $860,678.00 $0.00 $827,094.14 $33,583.86 $0.00 TBD TBD TBD $2,266,429.00 $2,440,709.00 $174,280.00 $2,376,198.30 $64,510.70 $6,882.00 $51,272.00 $58,154.00 48.5% Summary
Project
Total Existing
Contract
(NEPA+CEQA)
Amendment No.
11 Total New
Contract
(NEPA+CEQA)
Meadow Way 2,734,091.00 $ ‐ $ $ 2,734,091.00
BPMP $ 503,805.00 $ 88,736.00 $ 592,541.00
Creek Rd $ 901,946.00 $ 85,544.00 $ 987,490.00
Total 1 ‐ Three Projects $ 4,139,842.00 $ 174,280.00 $ 4,314,122.00 Azalea, orig contract+Amend 1 $ 860,678.00 $ ‐ $ 860,678.00 Total 2 ‐All Three Projects $ 5,000,520.00 $ 174,280.00 $ 5,174,800.00 Total 2 Fairfax Contracts
Project Name, Latest Caltrans Funding Sequence (SEQ) &
Phase
Total MGE Contractual (NEPA+CEQA) Budgets Fairfax Share Fairfax Contract 1 ‐ Total above 2 Projects
ATTACHMENT A
AMENDMENT NO. 11 TO DESIGN PROFESSIONAL SERVICES AGREEMENT This Amendment No. 11 to Design Professional Services Agreement (this “Amendment No. 11”) is entered into as of June ___, 2025, by and between the TOWN OF FAIRFAX (the “Town”) and MGE ENGINEERING, INC., (the “Contractor”), with reference to the following facts:
RECITALS
A. Town and the former Contractor (CIC) previously entered into that certain Design Professional Services Agreement dated as of September 4, 2013 (“Agreement 1”) for three bridge projects (Meadow Way Bridge, Creek Road Bridge and BPMP). As part of Amendment No. 10, Agreement 1 was transferred to MGE Engineering, Inc., referred to now as Agreement. A similar and separate contract, dated September 15, 2016 ("Agreement 2") for Azalea Avenue Bridge has remained with CIC until now. Capitalized terms used in this Amendment No. 11 shall have the meanings assigned to them in the Agreement below.
B. The parties wish to modify the Agreement for additional services for Creek Road Bridge and BPMP (Exhibit 1). Furthermore, by the way of this Amendment, the Contractor will assume all responsibilities for the separate CIC contract and its single amendment for Azalea Avenue Bridge (Agreement 2, Exhibit 2) without making further changes to it.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, Town and Contractor hereby agree as follows:
1. Contractor shall complete the added work for Meadow Way, Creek Rd. and BPMP bridge projects as described in Agreement, as well as the current scope of work for Azalea Avenue Bridge (Exhibit 2). The maximum amount payable under the Agreement shall be increased by $1,235,946 to a total not-to-exceed amount of $5,174,800.
2. Except as specifically modified herein, all of the other remaining provisions of the New Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, Town and Contractor have executed this Amendment No. 10 as of the date first written above.
“TOWN”
TOWN OF FAIRFAX
By: _______________________________
Name: _____________________________
Title: ______________________________
“CONTRACTOR”
MGE ENGINEERING, INC.
By: _______________________________
Name: _____________________________
Title: ______________________________
Fred Huang, PE
President
Heather Abrams
Fairfax Town manager
ATTACHMENT B
EXHIBIT 1
BPMP & CREEK ROAD BRIDGE
SUMMARY OF ADDITIONAL SCOPE & FEES FOR AMENDMENT NO. 11 2169-G East Francisco Blvd, San Rafael, CA, 94901
Ph: 415.454.8868 | wra-ca.com
Town of Fairfax Bridge Preventive Maintenance Program CEQA Compliance
Change Order
Prepared for:
Nader Tamannaie, P.E.
MGE Engineering, Inc.
7415 Greenhaven Dr., Suite 100
Sacramento, CA 95831
July 20, 2024
(Revised April 30, 2025)
WRA PROJECT NO. 22304, Phase 3B
PURPOSE AND BACKGROUND
WRA, Inc. (WRA) is requesting a Change Order to complete the California Environmental Quality Act (CEQA) documentation for the Town of Fairfax’s Bridge Preventive Maintenance (BPMP) Project (Project) addressing three individual bridges within the Town: Spruce Road, Marin Road, and Canyon Road. WRA staff have completed the Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) and are requesting additional budget to complete the remaining CEQA tasks for the following reasons:
Increase in staff rates since the project initiated.
Changes have been made to the CEQA Guidelines which required additional time by WRA staff to incorporate the most updated CEQA Guidelines questions into the already drafted IS/MND sections.
Assembly Bill 819 will require additional time from WRA staff to coordinate with the State Clearinghouse CEQANet portal staff and County Clerk staff regarding noticing submittal requirements.
Additional time to respond to the comments the Town provided on the Administrative Draft IS/MND and any comments from the public and/or agencies on the Draft IS/MND that will be circulated for a 30-day review period.
2169-G East Francisco Blvd, San Rafael, CA, 94901
Phone: 415.454.8868 | [email protected] | wra-ca.com
Change Order
TOWN OF FAIRFAX BRIDGE PROGRAM NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE BRIDGE
PREVENTIVE MAINTENANCE PROGRAM (BPMP) PROJECT
Prepared for:
Nader Tamannaie, P.E.
MGE Engineering, Inc.
7415 Greenhaven Dr., Suite 100
Sacramento, CA 95831
October 14, 2022
(Revised April 10, 2025)
WRA Project No. 22304, Phase 3A
PURPOSE
WRA, Inc. (WRA) is requesting a Change Order to complete the National Environmental Policy Act (NEPA) documentation for the Town of Fairfax’s Bridge Preventive Maintenance Program (BPMP) Project. WRA has completed all of the technical studies required by Caltrans Local Assistance (Caltrans) with the exception of final edits to the Archaeological Survey Report (ASR) per Caltrans comments dated May 13, 2022. In addition, Caltrans has provided another round comment on September 16, 2022, requesting an Extended Phase I testing be conduct for the Marin Road Bridge to ensure that no buried archaeological deposits would be affected by the BPMP Project.
The majority of this change orders backfills paperwork for work that was approved under Notice to Proceed and has already been completed and invoiced. Approximately $7,000 of the work previously invoiced and covered by this change order has already been paid; a total of $12,996.62 has been invoiced and not paid as covered under this change order.
WORK PRODUCTS
• Extended Phase I Cultural Resources Investigation for Marin Road Bridge 2169-G East Francisco Blvd, San Rafael, CA, 94901
Ph: 415.454.8868 | wra-ca.com
Town of Fairfax Bridge Program CEQA Compliance
Creek Road Seismic Retrofit Project
Change Order #7 (Revised)
Prepared for:
Nader Tamannaie, P.E.
MGE Engineering, Inc.
7415 Greenhaven Dr., Suite 100
Sacramento, CA 95831
July 20, 2024
(Revised April 30, 2025)
WRA PROJECT NO. 22304, Phase 2B
PURPOSE AND BACKGROUND
WRA, Inc. (WRA) is requesting a Change Order to complete the California Environmental Quality Act (CEQA) documentation for the Town of Fairfax’s Creek Road Bridge Seismic Retrofit Project (Project). WRA staff have completed the Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) and are requesting additional budget to complete the remaining CEQA tasks for the following reasons:
Increase in staff rates since the project initiated.
Changes have been made to the CEQA Guidelines which required additional time by WRA staff to incorporate the most updated CEQA Guidelines questions into the already drafted IS/MND sections.
Assembly Bill 819 will require additional time from WRA staff to coordinate with the State Clearinghouse CEQANet portal staff and County Clerk staff regarding noticing submittal requirements.
Additional time to respond to the comments the Town provided on the Administrative Draft IS/MND and any comments from the public and/or agencies on the Draft IS/MND that will be circulated for a 30-day review period.
2169-G East Francisco Blvd, San Rafael, CA, 94901
Ph: 415.454.8868 | wra-ca.com
Town of Fairfax Bridge Program NEPA Compliance
Creek Road Seismic Retrofit Project
Change Order #6 (Revised)
Prepared for:
Nader Tamannaie, P.E.
MGE Engineering, Inc.
7415 Greenhaven Dr., Suite 100
Sacramento, CA 95831
June 28, 2022
(Revised July 9, 2023)
(Second Revision April 30, 2025)
WRA PROJECT NO. 22304, Phase 2A
PURPOSE
WRA, Inc. (WRA) is requesting a Change Order to complete the National Environmental Policy Act (NEPA) documentation for the Town of Fairfax’s Creek Road Bridge Seismic Retrofit Project (Project). WRA has completed all of the technical studies required by Caltrans Local Assistance (Caltrans) with the exception of Cultural Resources. As a part of Caltrans’ review of the Archaeological Survey Report (ASR) for the Project they requested that the Historic Resources Evaluation Report (HRER) be revised and that an Extended Phase I testing be conducted to ensure that no buried archaeological deposits would be affected by the Project. WRA has retained Far Western Archaeological Consulting to lead the Extended Phase I efforts and JRP for the HRER revisions.
WORK PRODUCTS
Extended Phase I Cultural Resources Investigation
Updated Historic Properties Survey Report per Extended Phase I Findings Update Historic Resources Evaluation Report (HRER) per Caltrans’ comments EXHIBIT 2
AGREEMENT 2 & ITS ONE AMENDMENT
AGREEMENT FOR CONSULTING SERVICES
This Agreement is made and entered into this l $..tl\iay of SS{>fta.lt\M,~ 2016, by and between the TOWN OF FAIRFAX (hereinafter "TOWN"), and CALIFORNIA INFRASTRUCTURE CONSULTANCY, INC., a California corporation 01ereinafter "CONSULTANT").
RECITALS
WHEREAS, TOWN's Department of Public Works is responsible for various transportation improvements within its jurisdiction, including the subject project, Replacement of Azalea A venue Bridge (No. 27C-0142); and
WHEREAS, TOWN and CONSULTANT desire to enter into an independent CONSULTANT relationship whereby CONSULTANT shall perform for TOWN ce1tain engineering, environmental and other technical services for the federally funded Highway Bridge Program (HBP) project for Azalea A venue, as set forth in Exhibit A; WHEREAS, this Agreement is funded in whole or in part with Federal Highway Administration ("FHWA") funds received by TOWN pursuant to an agreement with the California Department of Transportation ("Caltrans"). CONSULTANT shall comply with the federal funding requirements applicable to this Agreement, as further set forth herein.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. TOWN. The Town Manager shall be the representative of TOWN for all purposes under this Agreement. The Director of Public Works is hereby designated the Project Manager for TOWN, and said Project Manager shall supervise all aspects of the progress and execution of this Agreement.
B. CONSULTANT. CONSULTANT shall assign a single Project Director to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Nader Tamannaie, PE, is hereby designated as the Project Director for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Project Director for any reason, CONSULTANT shall notify TOWN within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT.
CONSULTANT shall perform the duties and/or provide services as described in the Scope of Work at Exhibit A attached hereto and incorporated herein.
Version 6-13-14
1 38072.00001\24968759.1
38072.00001\24968759.1 2
The Preliminary Engineering (PE) phase of the project is divided into two phases. The first phase, which is covered under this Agreement, generally entails structural design; surveys and right-of-way analysis; geotechnical services; bridge architectural concepts; hydrology and hydraulics; NEPA and CEQA environmental studies and permits; traffic studies and stage construction; public outreach; and Preparation of Bridge Type Selection Report. CONSULTANT shall provide all services and complete all deliverables for the foregoing tasks, and any other tasks identified in Exhibit A.
Additional services, which may be required by TOWN, subject to Caltrans authorization, may be made part of this AGREEMENT through future written amendment to this Agreement. Such additional services constitute Phase 2 of the project and are anticipated to include additional environmental studies and final design. The TOWN may engage CONSULTANT, pursuant to a written amendment to this Agreement, to complete services during bid and construction.
The appropriate standards for design, analysis and various studies required under this Agreement shall be those set forth by Caltrans, including all applicable national, state and local standards. Additional requirements for the project include:
A. The responsible consultant/engineer shall sign all Plans, Specifications and Estimates (PS&E) and engineering data furnished under the contract and include appropriate registration number(s). Environmental documents will not be considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion (CE), a Caltrans Deputy District Director signs the Finding of No Significant Impact (FONSI), or the Caltrans District Director signs the Record of Decision (ROD) per the Caltrans Chapter 6, “Environmental Procedures,” in the Local Assistance Programs Manual and the Standard Environmental Reference (SER).
B. Preliminary Right-of-Way (ROW) requirements are to be determined and shown by CONSULTANT. Land surveys and computations, with metes and bounds descriptions, are to be made and ROW plots shall be furnished per CONSULTANT's Scope of Services.
C. CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the SER.
D. CONSULTANT has represented to TOWN that certain key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of TOWN. In the event that TOWN and CONSULTANT cannot agree as to the substitution of key personnel, TOWN shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows:Nader Tamannaie, PE.
E. CONSULTANT shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the services. Consultant warrants 38072.00001\24968759.1 3
that all employees and subconsultants shall have sufficient skill and experience to perform the services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, CONSULTANT shall perform, at its own cost and expense and without reimbursement from TOWN, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein, or with the applicable Caltrans’ standards.
F. CONSULTANT shall perform the services under this Agreement expeditiously, within the term of this Agreement, and in accordance with the schedule set forth in Exhibit D attached hereto and incorporated herein by reference. CONSULTANT represents that it has the professional and technical personnel required to perform the services in conformance with such conditions. Upon request of TOWN, CONSULTANT shall provide a more detailed schedule of anticipated performance to meet the attached schedule.
3. DUTIES OF TOWN.
TOWN shall pay the compensation as provided in Paragraph 4, and perform the duties as follows:
A. All data applicable to the project and in possession of TOWN are to be made available to CONSULTANT.
B. Oversee the progress of the work, attend meetings and site visits, inspect the work and advise on the direction of the project.
C. TOWN will provide a venue for public workshops or meetings related to the project.
D. In order to facilitate CONSULTANT’s conformance with the attached schedule for the services, TOWN shall respond to CONSULTANT’s submittals in a timely manner.
4. COMPENSATION.
A. Allowable Costs and Payments (hereinafter “FEES”) for the current scope of services and project phase shall not exceed four hundred twenty-nine thousand two hundred and twenty dollars ($429,220.00) and shall be based on the rate schedule, hours, direct and indirect costs, profit (fee) and subconsultant fees for this phase, attached hereto as Exhibit B and incorporated herein by reference.
B. Payment will be made monthly upon approval by TOWN’s Project Manager of itemized invoices submitted by CONSULTANT in accordance with the requirements of this Agreement. An appropriate progress report, outlining the major items of work performed, issues and 38072.00001\24968759.1 4
immediate upcoming tasks, shall be included with each invoice.
C. The requisite number of copies of paper documents to be furnished, such as reports, brochures, sets of plans, estimates and specifications, or CDs containing electronic data, shall be considered as included in the FEES. CONSULTANT shall meet with TOWN’s representative(s) on a regular, monthly basis for project team meetings and progress reporting and costs incurred by CONSULTANT for meetings shall also be included in FEES.
D. Additional terms and conditions related to compensation and payment are set forth in Exhibit B.
E. The Federal Acquisition Regulations in Title 48 CFR Part 31 are the governing factors regarding allowable elements of cost.
F. CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, TOWN shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
G. All subcontracts in excess of $25,000 shall contain the above provisions.
H. The CONSULTANT shall be required to execute all forms required under federal regulations for such projects and are attached in Exhibit C to this Agreement.
5. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost of individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 2 CFR Part 200, et. seq. Uniform Administrative Requirements, cost principles, and audit requirements for federal awards.
C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to TOWN. 38072.00001\24968759.1 5
6. PERFORMANCE PERIOD OF AGREEMENT.
A. This contract shall go into effect on _______________, contingent upon approval by TOWN, and CONSULTANT shall commence work after notification to proceed by TOWN’s Project Manager. The contract shall end on December 31, 2020, unless extended by contract amendment or earlier terminated as provided herein.
B. CONSULTANT is advised that any recommendation for contract award is not binding on TOWN until the contract is fully executed and approved by TOWN.
7. TERMINATION.
A. Discretionary. TOWN may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to CONSULTANT.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. If TOWN terminates this Agreement for cause, TOWN shall pay CONSULTANT the sum due to CONSULTANT under this Agreement prior to termination, unless the cost of completion to TOWN exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this Agreement and the balance, if any, shall be paid to CONSULTANT upon demand.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. In addition to the above, payment upon termination shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed services.
CONSULTANT shall provide documentation deemed adequate by Project Manager to show the services actually completed by CONSULTANT prior to the effective date of termination D. Return of Documents. Upon termination, any and all TOWN documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to TOWN as soon as possible, but not later than thirty (30) days after termination.
8. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by CONSULTANT, in connection with the performance of its duties under this Agreement, shall be the sole property of TOWN. TOWN may use said property for any purpose, including projects not contemplated by this Agreement.
9. RETENTION OF RECORDS/AUDIT.
A. Upon reasonable notice, CONSULTANT shall make available to TOWN, or its 38072.00001\24968759.1 6
agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with TOWN or its agent in any such audit or inspection.
B. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; the prime consultant, subconsultants, and TOWN shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, the State Auditor, TOWN, Federal Highway Administration, or any duly authorized representative of the federal government shall have access to any books, records, and documents of CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.
C. Audit Review Procedures.
1. 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 TOWN’s Chief Financial Officer.
2. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by TOWN’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
3. Neither the pendency of a dispute nor its consideration by TOWN will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract.
4. CONSULTANT and subconsultants’ contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, 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 Workpaper Review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s workpapers. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by TOWN contract manager 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 contract by this reference if directed by TOWN at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have access to 38072.00001\24968759.1 7
CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
10. INSPECTION OF WORK.
CONSULTANT and any subconsultant shall permit TOWN, 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 contract including review and inspection on a daily basis.
11. SUBCONTRACTING.
A. CONSULTANT shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the Town’s Project 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 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants.
C. The Town’s Project Manager must approve in writing any substitution of subconsultants.
12. 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 TOWN Safety Officer and other TOWN 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, TOWN 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. Any subcontract entered into as a result of this Agreement, 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.
38072.00001\24968759.1 8
13. INSURANCE.
A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to TOWN, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of two million ($2,000,000) 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 performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of CONSULTANT's performance of services under this Agreement.
B. The insurance coverage required of CONSULTANT in Subparagraph A above, shall also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury.
2. Except for professional liability insurance, the insurance policies shall provide in their text or shall be specifically endorsed to name TOWN, 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 TOWN and shall not call upon TOWN’s insurance or coverage for any contribution.
3. CONSULTANT shall provide to Town’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 Town’s Project Manager.
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 insurance shall be approved as to form and sufficiency by Town’s Project Manager and the Town Attorney.
38072.00001\24968759.1 9
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 TOWN 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 Town’s Risk Manager and the Town Attorney. At TOWN's option, the deductibles or self-insured retentions with respect to TOWN shall be reduced or eliminated to TOWN's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.
14. INDEMNIFICATION.
A. Except as provided in Subparagraph B., CONSULTANT shall indemnify, release, defend and hold harmless TOWN, its officers, employees, and agents 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.
B. 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 TOWN, its officers, employees, and agents against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney’s fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of its duties and obligations under this Agreement.
C. CONSULTANT shall defend, with counsel acceptable to TOWN and at CONSULTANT’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by the paragraphs above that may be brought or instituted against TOWN or its officers, employees or agents. CONSULTANT shall pay and satisfy any judgment, award or decree that may be rendered against TOWN or its officers, employees, and agents as part of any such claim, suit, action or other proceeding. CONSULTANT shall also reimburse TOWN for the cost of any settlement paid by TOWN or its officers, employees, or agents as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for TOWN’s attorney’s fees and costs, including expert witness fees.
CONSULTANT shall reimburse TOWN for any and all legal expenses and costs incurred in enforcing the indemnity herein provided. CONSULTANT’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the TOWN, its officers, employees or agents. 38072.00001\24968759.1 10
15. NONDISCRIMINATION AND DISADVANTAGED BUSINESS ENTERPRISE COMPLIANCE.
A. During the performance of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. CONSULTANT must give consideration to Disadvantaged Business Enterprise (“DBE”) firms as specified in 23 CFR 172.5(b), 49 CFR, Part 26, and in Exhibit 10-I “Notice to Proposers Disadvantaged Business Enterprise Information.” CONSULTANT shall utilize the DBEs listed in its proposal, and shall not terminate or replace a DBE except as provided in the applicable federal regulations. 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.
B. CONSULTANT has reviewed Notice to Proposers DBE Information, which is attached as Exhibit 10-I and agrees to comply with the terms of the Standard Agreement for Sub CONSULTANT/DBE Participation, which is attached as Exhibit 10-J.
16. NOTICES.
All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
TO TOWN: Garrett Toy
Project Manager
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
TO CONSULTANT: Nader Tamannaie, PE
Project Director
California Infrastructure Consultancy, Inc.
930 Alhambra Boulevard, Suite 220
Sacramento, CA 95816
17. INDEPENDENT CONSULTANT.
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, and not as employees of TOWN. CONSULTANT and TOWN expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent CONSULTANT and 38072.00001\24968759.1 11
not that of an employee of TOWN.
18. STATEMENT OF COMPLIANCE.
A. 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 Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, CONSULTANT and its subconsultants 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 its subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and its subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
19. DEBARMENT AND SUSPENSION CERTIFICATION.
A. CONSULTANT’s signature affixed herein and to Exhibit C, Fiscal Year 2013/2014 California Department of Transportation Debarment and Suspension Certification, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to TOWN.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by 38072.00001\24968759.1 12
the General Services Administration are to be determined by the Federal Highway Administration.
20. EVALUATION OF CONSULTANT.
CONSULTANT’s performance will be evaluated by TOWN. 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 contract record.
21. STATE PREVAILING WAGE RATES; LABOR CERTIFICATION.
A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all federal, state, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this Agreement 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.
C. Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the TOWN offices. CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services under this Agreement, and subject to prevailing wage, available to interested parties upon request, and shall post copies at CONSULTANT’s principal place of business and at the project site.
CONSULTANT shall defend, indemnify and hold TOWN, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the prevailing wage laws set forth in California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
D. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the CONSULTANT and all applicable subconsultants must be registered with the Department of Industrial Relations. If applicable, CONSULTANT shall maintain registration for the duration of the project and require the same of any subconsultants. The project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be CONSULTANT’s sole responsibility to comply with all applicable registration and labor compliance requirements.
E. By its signature hereunder, CONSULTANT certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the services.
38072.00001\24968759.1 13
22. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that TOWN may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes TOWN under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.
23. EQUIPMENT PURCHASE.
A. Prior authorization in writing by the Town’s Project Manager shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. 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 CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by the Town’s Project 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 Agreement 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 $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, TOWN 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 TOWN 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 TOWN procedures; and credit TOWN 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 TOWN and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by TOWN.” 2 CFR Part 200, et. seq. 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 $25,000 shall contain the above provisions.
24. OWNERSHIP OF DATA.
A. Ownership and title to all reports, documents, plans, specifications, estimates and data produced as part of this Agreement (“Documents and Data”) will automatically be vested in TOWN upon payment therefor; and no further agreement will be necessary to transfer ownership to TOWN.
CONSULTANT shall furnish TOWN all necessary copies of the Documents and Data needed to complete the review and approval process.
B. This Agreement creates a non-exclusive and perpetual license for TOWN to copy, use, 38072.00001\24968759.1 14
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in the Documents and Data.
C. TOWN shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of the project covered under this Agreement, or another project. Notwithstanding the foregoing, CONSULTANT shall not be liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by TOWN of the machinereadable information and data provided by CONSULTANT under this Agreement; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by TOWN of the project documentation on other projects. CONSULTANT shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the TOWN upon completion, suspension, abandonment or termination. CONSULTANT shall not be responsible or liable for any revisions to the Documents & Data made by any party other than CONSULTANT, a party for whom the CONSULTANT is legally responsible or liable, or anyone approved by the CONSULTANT.
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. TOWN may permit copyrighting reports or other Agreement products. If copyrights are permitted; the Agreement shall provide that the Federal Highway Administration 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 Agreement, shall contain all of the provisions of this Article.
25. CONFIDENTIALITY OF DATA.
A. All financial, statistical, personal, technical, or other data and information relative to TOWN’s operations, which are made available to CONSULTANT in order to carry out this Agreement and all Documents and Data generated hereunder, shall be held confidential and shall be protected by CONSULTANT from unauthorized use and disclosure, and shall be used only for purposes of completing the services.
B. Permission to disclose information on one occasion, or public hearing held by TOWN relating to this 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 TOWN’s actions on the same, except to TOWN’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. 38072.00001\24968759.1 15
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 TOWN, and receipt of TOWN’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 TOWN, unless permitted by TOWN.
F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.
26. CONFLICT OF INTEREST.
A. CONSULTANT shall disclose any financial, business, or other relationship with TOWN that may have an impact upon the outcome of this Agreement, or any ensuing TOWN construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing TOWN construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
C. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article.
27. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.
CONSULTANT warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any TOWN employee. For breach or violation of this warranty, TOWN shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
28. PROHIBITION OF EXPENDING STATE OR FEDERAL FUNDS FOR LOBBYING.
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, 38072.00001\24968759.1 16
continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; 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 Title 31, US. Code Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. CONSULTANT also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such subconsultants shall certify and disclose accordingly.
29. 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 Agreement or any applicable law, ordinance or regulation.
30. DISPUTES.
A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of TOWN’s Project Manager and TOWN’s Director of Public Works who may consider written or verbal information submitted by CONSULTANT.
B. Not later than 30 days after completion of all work under the Agreement, CONSULTANT may request review by TOWN Manager 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 contract. 38072.00001\24968759.1 17
31. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.
In accordance with Public Contract Code Section 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.
32. COMPLIANCE WITH ALL LAWS.
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 TOWN, 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.
33. NO THIRD PARTY BENEFICIARIES.
TOWN 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.
34. ENTIRE AGREEMENT – AMENDMENTS; SEVERABILITY.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between CONSULTANT and TOWN.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by CONSULTANT and TOWN.
E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, 38072.00001\24968759.1 18
the terms and conditions of this Agreement shall control.
F. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
35. TOWN BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a TOWN business license as required by the Fairfax Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. TOWN shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided TOWN with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
31. APPLICABLE LAW; VENUE.
The laws of the State of California shall govern this Agreement. Venue shall be in Marin County.
32. SURVIVAL.
All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. [Signatures on following page]
SIGNATURE PAGE
TO
AGREEMENT FOR CONSUL TING SERVICES
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.
TOWN OF FAIRFAX
ATTEST:
Michele Gardner, Town Clerk
APPROVED AS TO FORM (optional):
Janet Coleson, Town Attorney
38 07 2 .00001 \ 24 968 75 9 .1 19
CONSULTANT
Name:
By Nader M~ Tamannaie, PE
Title: President
38072.00001\24968759.1 20
EXHIBIT A
SCOPE OF WORK
PHASE 1
The Proje
and budg
Prelimina
project co
current P
to conclu
accomplis
below, as
phase, CI
for additio
possible t
entire PE
The comp
phase of
(Page 2).
limited, a
follows:
Task 1 – P
The proje
through
Additiona
other proj
Task 2 – E
All enviro
including
for air,
resources
Traffic M
started a
managem
with the s
Task 3 – P
The scope
only one
such as p
will be
workshop
the projec
Task 4
Photogram
The scope
SCOPE OF S
ect Phase 1 w
get relative t
ry Engineeri
ost will be s
hase 1 scope
de the Bridg
sh additiona
allowed by t
C will demo
onal dollars a
to continue s
phase of the
plete scope o
the project b
For Phase 1,
according to t
Project Mana
ct will be ma
the Bridge
ally, project
ject tasks des
Environmenta
onmental stu
those by th
noise, cultu
s, will be con
emo and pe
and the en
ment of its po
studies implie
Public Outrea
e shown on
public works
press releases
limited to t
p. Updates w
ct web site.
‐ Topo
mmetry, Surve
e for this task
SERVICES
will start with
to those nee
ng (PE) pha
submitted to
e. The goal in
e Type Select
al project t
the initial bud
nstrate to Ca
and apply for
seamlessly an
project.
of services fo
begins on the
, the scope o
the premise
agement and
naged as des
e Type Sel
managemen
scribed below
al Studies and
dies shown
e second tie
ural resource
nducted. How
rmit applicat
vironmental
ortion will be
ed above.
ach
pages 6 and
shop will be
s, internal co
those neede
will continue t
ographic M
eys and ROW
k will remain
h a limited sc
eded for the
ase. A deta
accompany
n Phase 1 wil
tion process
tasks, descri
dget. During
altrans the n
them as soo
nd complete
or the entire
e following p
of services wil
noted above
Organization
scribed on pag
ection proc
nt will apply
w.
d Permits
on pages 2
r subconsulta
es and hist
wever, the C
tions will not
subconsulta
e commensu
d 7 apply exc
held and eff
oordination, e
ed for the
to be posted
Mapping, A
Base Mapping
exactly as sho
cope
full
ailed
the
ll be
and
ibed
this
need
n as
the
e PE
page
ll be
e, as
n
ge 2
cess.
y to
– 6,
ants
toric
EQA
t be
ant’s
rate
cept
forts
etc.,
first
d on
erial
g
own
on
TA
PA
Th
an
G
Ta
Th
10 st
Ta
Th
im
Re
Ta
Th
co
co
al
Ta
Th
an
co
Ta
Th
12 Su
w
on
Ta
Ta
Th
su
D
Th
sh
th
Azalea Aven
S
n pages 7 and
ASK 5 ‐ G
AVEMENT DES
he scope of s
nd 9, exce
eotechnical R
ask 6 – Utility
he task will p
0, except tha
tarted until Ph
ask 7 ‐ Stream
he scope sh
mplemented
eport will be
ask 8 ‐ Stream
he scope o
onsultations
ommensurate
llocated for th
ask 9 ‐ Traffic
he subconsul
nd 12, ex
onsultations w
ask 10 ‐ Civil
his task will b
2 and 13
ubmittal.” Ho
will be those n
nly.
ask 11 ‐ Biddi
ask 12 – Serv
hese two tas
ubsequent co
eliverables
he deliverab
hown on pag
he Phase 1 tas
nue Bridge Re
SCOPE O
d 8.
GEOTECHNICA
SIGN
services will
ept that su
Report will be
y Investigatio
proceed as de
t utility reloc
hase 2.
m Hydrologic
hown on pag
except the L
deferred unt
m Geomorph
of this tas
needed
e with the
his phase.
c Analysis
tant’s scope
xcept the
will be deferr
and Structur
be limited to t
for “Subtas
owever, the a
needed for t
ing Assistanc
vices During C
ks are deferr
onstruction pe
bles will be
ges 16 and 1
sks noted abo
eplacement
OF SER
AL INVESTIGA
be as shown
ubmittal of
e deferred un
ons and Coord
escribed on p
cation designs
c and Hydraul
ges 10 and
Location Hyd
til Phase 2.
ology
k will be
in Phase
subconsulta
is as shown
CEQA Traf
red until Phas
al Design
the work not
k 10.1 ‐ 3
architectural
he first publ
ce
Construction
red until Phas
eriod, respect
according to
7, except as
ove.
Page | 1
RVICES
ATION AND
on pages 8
the final
til Phase 2.
dination
pages 9 and
s will not be
lic Analysis
11 will be
raulic Study
limited to
1 and
nt’s budget
on pages 11
ffic Memo
se 2.
ed on pages
30% Design
deliverables
ic workshop
se 2 and the
tively
o the table
needed for
TASK 1 ‐
ORGANIZ
Task 1.1
The Proje
Bridge in
necessari
presented
chronolog
scope fo
including
of which
deliverab
at the end
a complet
be availa
requireme
its admin
will produ
spelling o
managem
are not lim
Proje
comp
invite
9 st
prese
PIM w
Proje
regula
issues
Proje
Projec
conta
and b
Corre
and h
the en
Exter
Fairfa
event
Nelso
websi
Chang
PROJECT M
ZATIONAL L
Project Man
ect is replacin
Fairfax. The s
ly reflect the
d in this
gy of the task
r the PE p
Services Dur
are essentia
les have been
d of this Scop
te, turnkey ha
able to no
ents, but to a
istrative proj
uce the Proje
out the deta
ment plan, w
mited to, the
ct Charte
prehensive p
e the Town of
taff and C
ntations will
will be distribu
ct Team Me
ar basis; CIC w
s, actions and
ct Delivery.
ct Manager
ct for delive
budget.
espondence. M
ard‐copy files
nd of the proj
nal Presenta
ax ‐ prepare,
ts smoothly.
on\ Nygaard o
ite.
ge Manage
ANAGEMEN
OGISTICS
agement and
ng the existin
scope of work
order of wor
proposal w
ks. We have
hase into 1
ring Bid and
l to running
n shown in a
pe of Services.
andling of the
t only fulfi
assist the Tow
ject tasks. At
ect Instruction
ails of our p
ith activities
following:
er Meetin
roject kick‐o
fficials, the Co
CIC team m
be made an
uted.
eetings. To
will provide a
d deadlines.
The team w
being the
ery, quality c
Maintain orga
s for turning
ject.
tions. Strate
designate pre
CIC with
on the conten
ement. Ant
NT AND
d Organizatio
g Azalea Ave
k below does
rk. The sched
will outline
divided the w
12 major Ta
Construction
the project.
complete ma
. CIC will pro
e project and
ill its techn
wn with mos
t the outset,
ns Manual (P
proactive pro
that cover,
ng. Hold
off meeting
ounty Flood Z
members. B
nd copies of
o be held o
genda, to‐do
will proceed w
single point
control, sched
anized electr
over to Fairfa
gize events w
esenters and
coordinate w
nts of the pro
ticipate pro
on –
enue
s not
dule
the
work
asks,
n, all
The
atrix
vide
will
nical
st of
CIC
IM),
oject
but
a
and
Zone
Brief
the
on a
list,
with
t of
dule
onic
ax at
with
run
with
oject
oject
Ta
Pr
ac
m
RO
Th
ta
Ta
re
bu
be
lis
pr
Azalea Aven
S
change in
report imp
Quality A
Implement
Review, an
QA/QC by
Invoicing.
accurately
timely man
Assist Fa
Tasks.
application
requireme
Caltrans S
certificatio
behalf of t
electronic
project fili
ask 1.2 Initia
roceed, CIC w
ctivities nece
mapping, aer
OW researc
hese activitie
asks of this sc
ask 1.3 Site
eview of the
usiness. Phot
e researched
sted with the
roposal. Field
Document
and photo
Look for p
fences
Document
utilities
Look for co
Document
Visualize t
determine
nue Bridge Re
SCOPE O
advance, ev
pact to the To
Assurance
t the indep
nd constructa
subconsultan
Invoice m
y so Fairfax c
nner.
irfax with
Prepare s
ns; addres
ents; assist w
Status Report
ons; draft m
the Town; m
files; and
ng system for
l Field Activit
will begin sc
essary to m
rial photogra
h and geot
es are descri
cope of servic
Review and
e bridge wil
tos and notes
d for use by
e specific sco
d observation
t the bridge
graphs
private drive
t all overh
onstruction a
t the existing
the new bri
e any obstacle
eplacement
OF SER
valuate its ra
own, and adap
and Qualit
pendent che
ability review
nts.
monthly, reg
can invoice C
Project Ad
supplemental
s Town
with Caltran
ts and utility
memos and
aintain e‐ma
create and
r future audit
ties ‐ Upon th
heduling the
move forwar
ammetry, fie
technical inv
bed in detai
ces.
Research Da
l be an ear
s will be take
y the subcon
ope of their w
s include:
through note
eways and p
ead and u
ccess and sto
signage
dge in its lo
es that may b
Page | 2
RVICES
amifications,
pt to it.
ty Control.
eck, Senior
w, as well as
gularly and
Caltrans in a
ministrative
l funding
compliance
ns invoicing,
y and ROW
letters on
il and other
maintain a
ts.
he Notice to
e initial field
rd, such as
eld surveys,
vestigations.
l in the ten
ata – A site
rly order of
en. Items to
nsultant are
work in this
es, sketches
roperty line
underground
orage
ocation and
e in the way
Docum
found
histor
TASK 2 ‐
PERMITS
In genera
environm
Studies w
NEPA. Ec
for Task 2
Fairfax Br
permit ap
our budge
Task 2.1
Kelly Bio
prepare a
for Azale
informatio
descriptio
avoid an
biological
protected
NEPA an
conducted
Assessme
Mapping,
Delineatio
Assessme
Assessme
Kelly will
Fish and
Service (
Caltrans
version o
revised N
review. It
set of
addressed
and Caltr
Affect” (N
Report,
prepared,
based on
Caltrans.
ment birds’
d around the
ric sites, and r
ENVIRONM
S
al, to mainta
ental studies
will be utilized
conomy of sc
2 based on ou
ridge projects
pplication fee
et proposal su
Biological S
logical Cons
a Natural Env
ea Bridge b
on and field s
on of existing
nd minimize
resources.
d by federal a
d CEQA. Th
d include S
ent, Plant Com
Noxious
on, Specia
ent, Fish
ent, and Essen
coordinate w
Wildlife (CD
(USFWS), NO
biologists. K
of the NES fo
ES will then
is assumed t
comments.
d and a final
rans. Then
NLAA) Report
for federall
, provided to
the Town’s
nests and
e bridge; note
residences an
MENTAL STUD
in cost effici
s, it is assume
d concurrent
cale is reflecte
ur experience
s. We have
es for the var
ubmitted sep
tudies Includ
ulting (Kelly)
vironment Stu
based on ex
studies. The N
g conditions a
potential
It will a
and state regu
e field stud
Special‐Status
mmunity Cha
Weed Su
l‐Status W
Habitat a
ntial Fish Hab
with Californi
DFW), U.S. F
OAA Fisherie
Kelly will pre
or the Town
be submitte
that Caltrans
Those com
NES submitt
a “Not Like
or Biological
ly protected
the Town fo
comments, a
animal spe
e schools, pa
nd at the site.
DIES AND
iency during
ed that Techn
tly for CEQA
ed in the bud
e on other rec
included cur
rious agencie
arately.
ding Wetland
) and WRA
udy (NES) re
xisting resou
NES will includ
and measure
impacts to
address spe
ulation, includ
ies that will
s Plant Hab
racterization
urvey, Wet
Wildlife Hab
and Biolog
itat Evaluatio
a Departmen
ish and Wild
es (NMFS),
epare one d
n to review.
d to Caltrans
will provide
mments will
ted to the To
ely to Adver
Assessment
d fish will
or review, rev
and submitte
ecies
arks,
.
the
nical
and
dget
cent
rent
es in
ds ‐
will
port
urce
de a
es to
the
ecies
ding
l be
bitat
and
land
bitat
gical
on.
nt of
dlife
and
draft
The
s for
one
be
own
rsely
(BA)
be
vised
d to
W
th
ag
cr
ap
Re
w
ap
an
co
Se
Pe
br
Ar
N
th
as
bu
pe
bu
ap
m
ve
m
Se
W
th
Ba
fo
pr
le
cu
bu
co
RW
Se
St
pr
ap
$5
br
RW
CE
ap
Azalea Aven
S
Wetland and
he Town wit
gencies perm
reek bed, as
pplications w
esource Perm
will prepare
pplications fo
nd finalize t
omments rec
ection 404
ermit. As pa
ridge constru
rmy Corps o
otifications (P
he delineation
ssumed that a
ut if the AC
ermit is need
udget will
pplication w
mitigation pla
ersion for rev
mitigation will
ection 401 CW
Water Quality
he JARPAs an
ay Regional W
or the geot
roject. Based
ess than 0.02
urrent applica
udget. It is a
ompliance do
WQCB applic
ection 1600
treambed A
repare a
pplication as
5,833 ($921
ridge) is incl
WQCB, Kelly
EQA complia
pplication pac
nue Bridge Re
SCOPE O
Related Perm
th obtaining
mits for geot
well as brid
will be prepa
mit Applicatio
a draft v
or review by
he draft app
eived from th
of the Cle
rt of the geo
uction JARPAs
of Engineers
PCN). The PC
n of waters o
a nationwide
COE determ
ded, an addit
be necessar
will likely
an, which wi
view by the T
be standard
WA Certificat
y Certification
nd submit the
Water Quality
technical dr
d on the assu
acres of imp
ation fee of $
anticipated t
ocument will
ation packag
Series Calif
Alteration A
Streambed
part of the JA
for the drill
luded in the
y will send a
ance docume
ckage.
eplacement
OF SER
mitting ‐ Kell
the require
technical dri
ge construct
red in the Jo
on (JARPA) fo
version of
y the Town,
plications ba
he Town.
ean Water
technical dril
s, Kelly will p
(ACOE) Pre‐C
CNs will inclu
of the United
e permit will b
ines that an
tional scope o
ry. The bri
require a
ill be prepar
Town. It is as
and occur on
tion. Kelly w
n application
em to the Sa
y Control Boa
rilling and
mption that t
pacts for the
$1,500 is incl
that the app
l be submitte
e.
ornia Fish a
Agreement.
Alteration
ARPA. The cu
ling and $4,9
e budget. Sim
a copy of th
ent to CDFW
Page | 3
RVICES
ly will assist
d resources
illing in the
tion. Permit
oint Aquatic
ormat. Kelly
the permit
then revise
ased on the
Act (CWA)
lling and the
prepare U.S.
Construction
de a copy of
States. It is
be sufficient,
n individual
of work and
dge permit
conceptual
red in draft
ssumed that
n site.
will prepare a
n as part of
an Francisco
rd (RWQCB)
the bridge
there will be
project, the
luded in the
roved CEQA
ed with the
and Wildlife
Kelly will
Agreement
urrent fee of
912 for the
milar to the
he approved
W with the
2.2 CEQA
signed Ca
(PES) form
for a NEP
with tec
project’s
special‐st
quality an
will not
Study/Mit
likely be r
WRA will
CEQA/NE
Project D
descriptio
process a
project
materials
them to
CEQA/NE
NEPA Cat
Studies. B
be prepar
preparatio
in accor
requireme
complete
On behalf
reports
Engineer
complete
Environm
informal/
resource
completio
SEP will co
CEQA Init
Kickoff. W
process f
team by:
Collec
Discu
Discu
A and NEPA
altrans Prelim
m has determ
PA Categorica
hnical repo
potential im
atus species
nd noise, a
t necessaril
tigated Negat
required inste
complete th
PA complianc
Description
on will be
as possible.
description
provided by
o coordinate
PA process.
tegorical Exc
Based on the
red for the p
on of the req
dance with
ents mandat
d by WRA an
f of the Town
to Caltrans
(DLAE) for r
d and s
ental Plan
formal cons
and regu
on of inform
omplete a Ca
tial Study/Mi
WRA will kick
or the Proje
cting all relev
ssing the des
ssing the pro
A Studies an
minary Enviro
ined that the
al Exclusion (
rts. Given
mpacts to w
s, cultural r
CEQA Catego
y apply a
tive Declarati
ead.
he following
ce:
Developmen
developed a
WRA will re
and addi
y the team
e the wor
lusion (CatEx
signed PES fo
roject. WRA
quired CatEx t
the forma
ed by the PE
d Caltrans.
n, WRA will f
District L
eview and co
sufficient,
nner (SEP)
sultations w
ulatory age
mal/formal co
tEx for the pr
itigated Nega
off the envir
ct Charter M
ant reports a
ired format o
posed projec
nd Permits‐
onmental Stu
e project qual
“CatEx” or “C
the propo
wetlands/stre
esources, w
orical Exemp
and an In
ion (IS/MND)
tasks to ens
nt. The pro
as early in
eview the in
tional relev
and help re
rkflow for
x) and Techn
orm, a CatEx s
will assist in
technical rep
at and con
ES form rece
orward techn
Local Assista
omment. W
District Se
will init
with appropr
ncies. U
onsultations,
roject.
ative Declara
onmental rev
Meeting with
nd drawings
of the IS/MND
ct
The
dies
ifies
CE”)
osed
eam,
ater
ption
nitial
will
sure
oject
the
nitial
vant
efine
the
nical
shall
the
ports
tent
ently
nical
ance
When
enior
tiate
riate
Upon
the
tion
view
the
D
W
pr
re
to
To
Ad
N
Ad
ut
G
Th
Th
sig
En
G
co
re
st
ap
in
fo
Q
G
Em
ad
Ad
To
th
U
W
D
ci
ci
an
Su
pa
N
St
po
Ad
pr
Azalea Aven
S
Resolving i
Identifying
Discussing
WRA will atte
roject. WRA
elated docum
o: site plans,
own’s environ
dministrative
egative Dec
dministrative
tilizing the c
uidelines, a
hresholds of S
he Initial St
gnificant imp
nvironmental
uidelines. T
onsider inform
eports, as we
tudies, releva
pplicable info
ncludes all of
or the projec
Quality, Biolog
eotechnical,
missions, Hyd
ddress all o
dministrative
own will only
he revised Ad
pon approva
WRA will repro
raft IS/MND
rculation per
rculating the
nd intereste
ummary Form
ackage, the N
otice of Com
tate Clearing
osting the NO
dditionally, W
roviding web
nue Bridge Re
SCOPE O
issues regard
g other key to
overall comm
end up to t
staff will rev
mentation, in
, applicable
nmental revie
e Draft I
claration. W
e Draft Initia
current vers
as well as
Significance.
tudy will ev
pacts as the
l Checklist F
The analysis
mation conta
ell as the PES
ant regulation
ormation obta
the technica
ct, including,
gical Resourc
Geomorpho
drology, Nois
of the Tow
e Draft IS/MN
y require one
ministrative
al of the Scre
oduce up to f
and Appendi
riod and will a
e documents
ed parties.
m, fifteen CD
Notice of Inte
mpletion (NO
house. If req
OI in the Ma
WRA will coor
b‐ready docum
eplacement
OF SER
ing overall as
own contacts
munication p
three meetin
view all availa
cluding, but
similar repor
ew requireme
nitial Study
WRA will p
al Study for
ion of the
s any Tow
valuate the
e project rel
orm of the
in the Initia
ained in existi
and associat
ns and policie
ained by WRA
al studies to b
but not lim
ces, Cultural
ology, Green
se, and Traffic
wn’s commen
ND. It is assum
e round of co
Draft IS/MND
eencheck Dra
fifteen hardc
ces for the p
assume respo
s to applicab
Fifteen cop
Ds of the ent
ent (NOI), as
OC), will be
quired, the T
rin Independ
rdinate with
ments for pu
Page | 4
RVICES
ssumptions
rotocols
ngs for the
able project‐
not limited
rts, and the
ents.
y/Mitigated
prepare an
the project
State CEQA
wn‐approved
potentially
ates to the
State CEQA
al Study will
ng technical
ed technical
es, and other
A staff. This
be prepared
mited to: Air
Resources,
nhouse Gas
c. WRA will
nts on the
med that the
omments on
D.
aft IS/MND,
copies of the
ublic review
onsibility for
ble agencies
pies of the
tire IS/MND
s well as the
sent to the
Town will be
dent Journal.
the Town in
ublication on
the Town
Following
period, W
public co
and prepa
necessary
contingen
comment
IS/MND t
Draft IS/M
preparatio
Determin
within fiv
also inclu
including
$50 filing
this scop
Monitorin
IS/MND.
Air Qualit
Reporting
the lead
quality an
site is loca
is under t
Managem
exempt f
conformit
technical
analysis i
complete
Const
addre
appro
from
Roadw
Sacra
Mana
exhau
Clima
Guide
effect
const
’s website, if
g completion
WRA will res
mments sub
are the Final
y to compl
nt upon the n
ts received. W
to all agenci
MND. WRA w
on and fili
ation (NOD)
e days of pro
udes costs f
the CDFW fi
g fee with th
e includes th
ng and Repor
ty and Green
g. Illingworth
on comple
nd greenhous
ated in the Sa
the jurisdictio
ment District.
from the req
ty determina
study nor
s required.
d:
truction Air Q
essed qualitat
opriate contr
dust genera
way Construc
mento M
agement Dist
ust emissions
ate Change
elines, I&R wi
ts of the
ruction impa
needed.
of the 30‐da
pond to any
mitted on th
IS/MND. Th
lete the Fi
number and
WRA will cir
ies that com
will also be re
ng of the
with the Ma
oject approva
for all requ
ling fee of $2
e County Cle
he preparatio
rting Program
nhouse Gas (
h and Rodkin
eting docume
se gas emissio
an Francisco B
on of the Bay
These type
quirement o
ation. Neithe
a mobile so
The followi
Quality Impac
tively, focusin
ol measures
tion. Where
ction model d
etropolitan
rict will be u
.
‐ Following
ill provide a d
project’s o
cts on climate
ay public rev
y agency and
he Draft IS/M
e extent of w
nal IS/MND
nature of pu
rculate the F
mmented on
sponsible for
Notification
arin County C
al. This prop
ired filing f
2,210.50 and
erk. In addit
on of Mitiga
m (MMRP) for
(GHG) Emiss
n (I&R) will t
entation for
ons. The pro
Bay Air Basin
y Area Air Qu
s of projects
of an air qu
er an air qu
ource air to
ng tasks wil
cts ‐ This wil
ng on identif
to reduce P
e necessary,
developed by
Air Qua
tilized to pre
g the Calt
discussion of
operational
e change.
view
d/or
MND
work
D is
ublic
Final
the
r the
of
Clerk
posal
fees,
the
tion,
tion
r the
ions
take
air
oject
and
ality
are
ality
ality
oxics
l be
l be
fying
PM10
the
y the
ality
edict
rans
f the
and
Cu
w
co
W
do
re
ca
re
pr
in
2)
(e
Pr
be
10 JR
co
ar
al
Am
Am
th
go
re
th
Fa
Re
pl
w
w
fo
(in
an
co
an
fie
th
se
Azalea Aven
S
Prepare A
technical
memo wi
Caltrans
FHWA/Cal
CEQA crit
informatio
ultural Resou
will create an A
onsultation w
Western. JRP
ocumentation
esources. Co
arried out
esponsibilities
repared follo
n the Standar
). The projec
exempt) unde
rogrammatic
e used to su
06 document
RP will send
ollect respons
rchitectural r
ll necessary
merican Her
merican gro
he Commiss
overnment
ecognized Na
he Town.
ar Western w
eport (ASR) a
lan and Exten
would require
will develop e
or the region
ncluding prev
nd evaluatio
onsultation e
nd local Nati
eld methods
he results o
earch with JR
nue Bridge Re
SCOPE O
Air Quality R
report woul
ill be prepa
format an
trans require
teria. WRA
on into the en
urces Docum
Area of Poten
with JRP H
P and Far W
n for histo
ompliance w
t with
s. Cultura
owing Caltran
rd Environme
ct is not antic
ertaking per t
Agreement
upport CEQA
tation will be
letters regar
ses from, par
resources. F
initial consu
ritage Comm
ups/intereste
ion, plus fa
communicati
ative Americ
will prepare a
and, if necess
nded Phase I
e additional
environmenta
n; document
vious cultura
on efforts w
efforts with t
ive American
and results.
of the Infor
P.
eplacement
OF SER
Report ‐ An
d not be re
ared using
nd will ad
ements, as w
A will incor
nvironmental
ment Comple
ntial Effects (
istorical (JRP
Western wil
oric and arc
ith Section 1
Caltrans’s
al document
ns guidelines
ental Referen
cipated to be
the Caltrans
(PA). Project
compliance
submitted to
ding the pro
rties intereste
ar Western w
ultation with
mission and
ed parties id
acilitate gov
ion betwee
an tribes, Ca
an Archaeolo
sary, an Exten
report (this
budget). Th
al and cultu
records sea
al resource id
ithin the pr
he Heritage
n groups/indiv
Far Wester
rmation Cen
Page | 5
RVICES
air quality
equired. A
appropriate
ddress the
well as local
rporate this
documents.
etion. WRA
APE) map in
P) and Far
ll complete
chaeological
106 is being
regulatory
ts will be
as outlined
nce (Volume
e a screened
Section 106
t efforts will
and Section
o Caltrans.
oject to, and
ed in historic
will conduct
the Native
all Native
dentified by
ernment‐to‐
n federally
altrans, and
ogical Survey
nded Phase I
latter effort
hese reports
ral contexts
rch findings
dentification
oject area);
Commission
viduals; and
rn will share
ter records
JRP will p
Report (
Departme
forms to s
the subje
determine
Register
require re
three pro
included i
Western
Report (H
the overa
If the pro
program
buried ar
by the pr
inspect a
Surveys w
bridge, th
down are
road deto
encounte
will recor
and, if ne
resources
equipmen
Noise Rep
document
The propo
meet the
Study Rep
that noise
will need
work is p
noise ana
quantify
construct
establish
assess
recomme
The key
assessme
from pile
generatin
prepare a His
(HRER) and
ent of Parks
survey and ev
ect bridge.
ed not eligib
of Historic P
e‐evaluation.
operties adja
in the APE an
will prepare
HPSR) with J
ll study findin
oject is in a h
should be i
chaeological
roject. JRP a
nd photograp
will cover all
he bridge ap
eas, any pote
our areas, an
r ground‐dist
rd any undo
ecessary, upd
s in the pr
nt for precise
port. I&R wil
tation for po
osed bridge r
definition of
port would no
e and vibrati
to be evalua
roposed to c
lysis. I&R wi
noise and
ion activitie
appropriate
noise and
nd measures
component
nt of the n
e driving or d
g activities du
storical Reso
will inclu
s and Recrea
valuate prope
The bridge
ble for listing
Places (NRHP
It is anticip
acent to the
nd will require
the Historic
RP’s assistan
ngs.
high sensitivit
mplemented
deposits will
and Far Wes
ph the resou
safely access
pproaches, c
ential roadwa
nd all other a
turbing activ
ocumented r
date any pre
roject area;
locational m
l take the lea
tential noise‐
replacement
f a Type I pro
ot be require
on from proj
ated. The fo
omplete the
ll identify sen
d vibration
es, including
significance
vibration
to mitigate t
of the stu
oise and vib
drilled piers
uring constru
urces Evalua
de appropr
ation (DPR)
erties adjacen
was previo
g in the Natio
P) and does
pated that up
e bridge will
e evaluation.
Property Su
nce, summari
ty area, a co
to ensure
l not be affec
tern will visu
urces in the A
sible sides of
construction
ay realignme
areas which
vities. The c
esources; re
viously recor
and use
apping.
ad on comple
‐related impa
project does
ject, and a N
ed. It is assum
ject construc
ollowing scop
NEPA and C
nsitive recept
n from m
g pile driv
thresholds
impacts;
the impacts.
udy will be
bration resul
and other n
uction.
tion
riate
523
nt to
ously
onal
not
p to
l be
Far
rvey
zing
oring
that
cted
ually
APE.
the
lay‐
ents,
may
crew
visit
rded
GPS
eting
acts.
not
oise
med
ction
e of
EQA
tors;
major
ving;
and
and
an
lting
oise
Hy
Ke
bi
bi
Th
ap
es
sig
m
TA
Ta
re
es
ne
an
po
Re
an
in
co
O
Az
re
sh
de
ha
W
pa
in
Pe
be
ne
w
co
w
e‐
ap
pr
is
lo
m
re
ou
St
w
Azalea Aven
S
ydroacoustic
elly Biologic
iologists to
iological reso
he impacts o
ppropriate c
stablished by
gnificant nois
mitigation will
ASK 3 ‐ PUB
ask 3.1 T
eplacement
specially be
eighbors on A
nd Spruce Ro
oint of acc
esidents clos
nd bicycle ad
nformed of
onstruction im
ur project te
zalea Avenue
esidences an
heets, discus
elivered to a
alf‐mile radiu
We will dev
artnership w
ndividuals, an
ersonalized
etween the
eighborhood
way to addre
oalition of su
with individua
‐mail early in
pproach iden
rior to discus
sues to be re
og of stakeho
materials to a
esponsive out
utreach and
takeholder qu
will be addre
nue Bridge Re
SCOPE O
sound leve
cal Consulti
assess imp
ources poten
of vibration w
criteria for
y Caltrans a
se or vibratio
be recomme
BLIC OUTREA
Targeted Co
of the Azal
of interest
Azalea Avenu
oad, for whom
cess and a
e to the brid
dvocates alik
the natur
mpacts.
eam will vis
e Bridge, to n
nd identify
ssed in more
ll residences
us of the bridg
elop lists o
with the Town
d have smalle
Public Out
project man
stakeholder
ss communit
upport. Our p
ls and groups
n the project
ntifies key q
ssion in a pu
esolved as th
olders’ interes
ddress their
treach approa
technical tea
uestions at e
essed by th
eplacement
OF SER
ls will be su
ng and W
acts to any
ntially affecte
will be asses
construction
and other ag
on impacts ar
ended.
ACH
ommunicatio
ea Avenue
to adjacent
ue between A
m this bridge
familiar lo
dge, and loca
ke, will appre
re of the
it the area
note potentia
key stakeho
e detail belo
and busines
ge at each pr
of key stake
n, maintain c
er group mee
treach. Dire
nagement tea
rs is the mo
ty concerns
project team
s in the neigh
t timeline. T
questions an
ublic forum,
hey arise. We
sts and devel
concerns. An
ach works be
ams are fully
very stage of
he outreach
Page | 6
RVICES
ubmitted to
RA wildlife
y protected
ed by noise.
ssed against
n vibration
gencies. If
re identified,
ns ‐ The
Bridge will
t residential
Arroyo Road
is a primary
ocal fixture.
l pedestrian
eciate being
work and
surrounding
ally affected
olders. Fact
ow, will be
ses within a
roject phase.
eholders in
contact with
etings.
ect contact
am and key
ost effective
and build a
will connect
borhood via
his informal
nd concerns
allowing for
e will keep a
lop targeted
n active and
est when the
y integrated.
f the project
team and
members
Task 3.2
general p
formats a
Fairfax, in
public wil
Web Site
existing F
the Azale
efforts fo
sheets an
each proj
phone an
the webs
mailing lis
make co
team. We
images re
develop a
materials
Fairfax IT
time.
Project Fa
process, w
Azalea A
neighbors
fact shee
condition
project f
replacem
at each st
interested
be sent to
all project
will also i
businesse
where we
Press Ma
be the pr
the proje
manager
message
press rele
critical po
will also
of the engine
Public Inform
public will be
and made rea
ncluding Tow
l include:
e Developm
Fairfax Bridge
a Bridge wor
or other loca
nd other info
ject mileston
nd e‐mail con
ite will be ab
st, access co
mments, and
e will add his
elevant to t
and maintain
ongoing, to
staff and allo
act Sheets a
we will prepa
Avenue Bridg
s within a se
et will descr
, reasons fo
funding, and
ent schedule
tage of the p
d public info
o the project
t meetings an
dentify publi
es, and comm
e can post fac
nagement. O
rimary press
ct, and will w
and the Tow
is correctly
eases and p
oints in the
be a resou
eering team,
mation ‐ Info
e developed
adily accessib
n staff. Our p
ent. We wi
es website, w
rk as consiste
al bridge rep
ormation will
ne, along wi
ntact informa
ble to registe
pies of all pu
d interact w
storic photog
he bridge p
n the website
o minimize
ow us to mak
nd Newslett
re a project f
ge, to be s
et radius of
ribe the brid
r the requir
an outline
. Fact sheets
project to kee
rmed of prog
mailing list, m
nd posted on
c sites, such
munity posting
ct sheets.
Our Outreach
contact for a
work closely
wn to ensure
portrayed. W
ress oriented
project. The
urce for pre
as necessary
ormation for
in a numbe
le to everyon
plan to reach
ll build on
which will fra
ent with ongo
placements.
be available
th project te
ation. Visitor
er for the pro
ublic docume
with the pro
graphs and ot
rojects. We
e and suppor
the impact
ke updates in
ters. Early in
fact sheet for
shared with
the project.
dge, its cur
ed replacem
e of the br
s will be upda
ep neighbors
gress. These
made availabl
the website.
as libraries, l
g bulletin boa
Coordinator
all comments
with the pro
that the pro
We will prep
d fact sheet
project web
ss interested
.
the
r of
ne in
the
the
ame
oing
Fact
e for
eam
s to
oject
ents,
oject
ther
will
rting
on
real
the
r the
all
The
rent
ent,
idge
ated
and
will
le at
We
ocal
ards,
will
s on
oject
oject
pare
s at
bsite
d in
pr
w
w
ne
Pu
m
w
m
vi
M
m
ac
Pu
at
co
w
al
W
tim
pr
m
to
pu
ov
H
be
m
be
re
ta
ha
up
re
pl
pr
be
if
TA
PH
BA
O
te
ae
of
ac
Azalea Aven
S
roject backgr
will ensure th
with the level
ewspaper sto
ublic Open
meetings will
with direct a
meeting may
sual materia
Meeting forma
making it easy
ccess the bes
ublic input w
t the meetin
ontact with s
will compile a
long with resp
We anticipate
med in coord
rovide the b
meeting will ta
o introduce t
ublic, define
verview of c
igh‐level brid
e presented
meeting will
enefits of the
eliability, and
ake place whe
ave been dev
pdate on pr
esidents of
lanned mitig
referred desi
e available fo
needed.
ASK 4 ‐ TOP
HOTOGRAM
ASE MAPPIN
berkamper &
eam by prov
erial photos,
f way engine
ccordance wi
nue Bridge Re
SCOPE O
round and a
at all visual
l of clarity th
ories.
Houses. Th
be interactiv
ccess to the
include a
ls, either on
ats will be de
y for the pub
st person to
will be gather
ngs, e‐mails,
stakeholders.
list of “Freq
ponses to be
e two public
dination with
best input o
ake place ear
he Azalea Br
the project
construction
dge replacem
to inspire
emphasize
e project, inc
creek stabilit
en more adva
veloped. This
roject status
possible con
gation mea
ign alternativ
or an optiona
OGRAPHIC M
MMETRY, SU
NG
& Associates
viding aerial
supplementa
eering. All wo
ith the Caltra
eplacement
OF SER
additional ma
materials are
hat can be p
he public o
e and provid
e technical
presentation
boards or P
eveloped for
lic to voice o
address thei
red from com
phone calls,
After each m
uently Asked
posted on th
c open house
the engineer
on their wor
ly in the proje
ridge replacem
needs, and
and associat
ment design c
public comm
to neighbor
cluding struct
ty. A second
anced design
s meeting wil
s and sched
nstruction im
sures, and
ve. Nelson N
l third outrea
MAPPING, A
URVEYS AND
will support
mapping, ort
al field surve
ork will be p
ans Survey M
Page | 7
RVICES
aterials. We
e developed
presented in
open house
e the public
team. Each
with clear
Power Point.
interaction,
opinions and
ir questions.
mment cards
, and other
meeting, we
d Questions”
he website.
e meetings,
ring team to
rk. The first
ect timeline,
ment to the
provide an
ted impacts.
oncepts will
ment. This
rs the real
tural safety,
meeting will
alternatives
l provide an
dule, inform
mpacts and
present a
Nygaard will
ach meeting,
AERIAL
D ROW
t the design
tho‐rectified
ys and right
erformed in
anual, Code
of Safe S
Uniform T
Task 4.1 F
Mapping
photogram
control w
Datum (N
the North
vertical va
will be
construct
use durin
be prepar
contour i
Mapping
of the ae
bridge al
downstre
Due to tre
by the ex
topograph
the desig
survey of
feet upstr
Azalea Av
These to
visible sur
trees with
over 6” i
structures
water val
way (ROW
informatio
and be m
homogen
Task 4.2
research,
and right
conforma
Survey M
all parcels
of three p
impacts a
and adjac
on the ba
Surveys, Safe
Traffic Contro
Field and Aer
‐ The projec
mmetric met
will be refere
NAD) 83 for h
h American V
alues. A min
clearly loca
ion area and
g constructio
red at a scale
nterval and s
Accuracy Sta
erial mapping
ong the roa
am of the bri
ee and brush
isting bridge
hic surveys w
gn process.
f the creek c
ream and do
venue 200 fe
opographic s
rface utilities,
hin 50’ of th
n diameter.
s and invert
ves, and PG&
W) will be loc
on will com
merged with
ous mapping
Right of Wa
field bound
t of way ma
ance with C
anual. Title
s adjacent to
parcels may h
at the bridge
cent property
ase map base
ety Manual,
ol Devices.
rial Topograp
ct site will b
thods for the
nced to the
horizontal coo
Vertical Datum
imum of thre
ated outside
field‐tied to
on. Topograp
e of 1” = 20’
spot grades m
andards. The
g are 200’ e
ad, and 200
dge along the
coverage and
structure, su
will be neces
These survey
hannel and A
ownstream of
eet either sid
urveys will
, USA utility m
e existing br
Storm drain
ts, all visible
&E vaults wit
cated. The f
plement the
it to provid
g base file for
y Engineerin
ary surveys,
apping will b
Chapter 10
reports will
the project a
have easemen
location. Str
y lines (landne
ed on availab
and Manua
phic Surveys
be mapped u
e base map.
North Amer
ordinates and
m (NAVD) 88
ee control po
e the assum
allow for eas
phic mapping
with a one‐
meeting Natio
estimated li
each side of
’ upstream
e channel.
d areas obscu
upplemental f
ssary to sup
ys will includ
Arroyo Road
f the bridge,
de of the brid
include exis
markings and
idge, tree tru
, sanitary se
e fire hydra
thin the right
field topogra
aerial map
e one comp
the site.
ng – Record m
landnet ana
be conducted
of the Calt
be necessary
area. A minim
nt or right of
reet right of
et) will be sho
le public reco
l of
and
sing
The
rican
d to
8 for
oints
med
se of
will
foot
onal
mits
the
and
ured
field
port
de a
100
and
dge.
sting
, for
unks
ewer
ants,
t‐of‐
phic
ping
plete
map
lysis
d in
rans
y for
mum
way
way
own
ords
an
co
as
su
w
co
Ta
As
co
As
ce
w
bo
in
A
w
re
te
ea
w
pr
bu
ty
Ta
St
de
th
vi
co
ba
fo
TA
PA
G
ex
G
W
dr
an
an
Ta
La
su
w
Azalea Aven
S
nd boundary
ontain names
s Assessor’s
urvey monum
will be loc
onstruction.
ask 4.3 Ma
ssociates will
onsistent w
ssistance Ma
ertification of
way agent. It
oundary line
nformation.
Record of Su
will be prepar
equested, p
emporary
asements, dr
will be prepare
rocess. The
udgeted for u
ypically during
ask 4.4 Sur
tetson will r
eveloped for
he needs for
cinity of Az
onduct the
anks, additio
or some existi
ASK 5 ‐ GEO
AVEMENT D
eotechnical
xploration, la
eotechnical R
We will notify
rilling permit
n encroachm
nticipate perm
ask 5.1
aboratory Te
ubsurface exp
will notify U
nue Bridge Re
SCOPE O
y resolution.
s of adjacent
Parcel Num
ments within,
cated, to
ap Preparat
l prepare a hy
with Federal
anual require
f right of way
will include
es, control
urvey will mo
red in accord
plats and
construction
rainage easem
ed as needed
ese are optio
until the exte
g the 65%‐90
rveys for th
review the e
the Ross Vall
r more deta
zalea Avenu
surveys, wh
nal cross sec
ing cross sect
OTECHNICAL
DESIGN
services w
aboratory test
Report geare
y USA to m
s from Marin
ment permit
mit fees will b
Geotechnica
esting – Th
ploration and
USA to mar
eplacement
OF SER
. The base
property own
mbers (APN)
or adjacent t
be preserv
tion ‐ Obe
ybrid map for
l and Calt
ements for m
y and use by
base mappin
points, and
ost likely be r
dance with St
legal descr
easemen
ments, or rig
d in support o
onal tasks a
ent of this wo
0% phase of d
he Hydraulic
existing HEC‐
ley CIP study
iled topo su
ue Bridge. S
ich will incl
ctions, and ch
tions.
INVESTIGAT
will include
ting and prep
ed to the pro
mark utilities
n County. We
t from the
be waived.
al Investiga
e services w
d laboratory
rk utilities
Page | 8
RVICES
e map will
ners, as well
). Existing
to, the ROW
ved during
rkamper &
r the bridge,
trans Local
meeting the
the right of
ng, recorded
d easement
equired and
tate law. If
iptions for
nts, utility
ght of takes
of the design
and are not
rk is known,
esign.
Analysis ‐
‐RAS model
and identify
rvey at the
Stetson will
ude top of
heck surveys
TION AND
subsurface
paration of a
oject design.
and obtain
e will obtain
Town and
ation and
will include
testing. We
and obtain
necessary
Permits fo
by Kelly,
of our pla
locations.
from the
those per
We will
approxim
augered b
of about
encounte
a truck r
control w
one traffi
drill four
equipmen
recomme
borings w
refusal in
be groute
requireme
During th
samples f
water le
completio
moisture
other per
Task 5.2 G
on the
testing, w
design
recomme
piles, whi
at this t
response
Caltrans’ S
We will
prelimina
bridge an
creek u
exploratio
design be
a detailed
Caltrans‐f
y drilling pe
or drilling in
although we
anned work
We will obt
Town (if nee
mit fees will
explore su
ate location o
borings (one
t 50 feet,
red. These b
rig in the st
ill be provide
c lane open d
borings in the
nt as a b
ndations for
will extend to
hard rock, if
ed shut or b
ents in the cr
he drilling, w
for laborator
evels and
on. Labor
density, stre
tinent tests.
Geotechnical
subsurface
we will deve
criteria fo
ndations fo
ich are judge
time. We
curve and
Seismic Desig
prepare a
ry foundatio
nd retaining
pon compl
on and labo
ecomes furthe
d design rep
format borin
ermits from
the channel
will assist w
and a site p
tain an encro
eded) althoug
be waived.
bsurface co
of each bridg
at each abut
or refusal i
borings will be
treet so sign
ed. We expect
during our wo
e creek using
basis for o
the new wi
o depths of a
f encountered
ackfilled acco
eek.
we will obtai
ry testing. W
backfill the
atory testin
ength, R‐valu
Investigatio
exploration
lop prelimin
or foundati
r cast‐in‐dri
ed the most
will select
d other crit
gn Criteria (SD
brief desig
on recommen
walls/abutm
etion of
oratory testin
er advanced,
port (our Tas
ng logs, our
Marin Cou
will be provi
with a descrip
plan showing
oachment pe
gh we anticip
nditions at
ge abutment w
tment) to dep
if hard rock
e performed w
nage and tra
t to keep at l
ork. We will
g portable dri
our founda
ng walls. Th
about 25 feet
d. All borings
ording to pe
n representa
We will meas
borings u
ng will incl
e, corrosion
n Report ‐ Ba
and labora
ary geotechn
ions, includ
lled‐hole (CI
likely alterna
an accelera
teria based
DC) Version 1
gn memo w
ndations for
ent walls in
our subsur
ng. As pro
we will prep
sk 5.3) includ
laboratory
unty.
ided
ption
the
rmit
pate
the
with
pths
k is
with
affic
east
also
lling
tion
hese
t, or
will
rmit
ative
sure
upon
lude
and
ased
tory
nical
ding
IDH)
ative
tion
on
.7.
with
the
the
face
oject
pare
ding
test
da
ab
Th
a
ot
de
cr
CI
ot
En
an
pr
Ve
Fo
di
m
an
(T
a
de
Fo
cr
pr
ot
Ta
pl
th
re
al
de
ar
As
to
co
TA
CO
Ta
Co
do
at
co
ut
lo
be
Azalea Aven
S
ata, and reco
bove.
he services in
Geotechnica
thers on the
esign. We
riteria for fou
IDH piles, alth
ther foundat
ngineer wish
nd driven pi
rovide respo
ersion 1.7.
or the bridge
iscuss site gra
material qualit
nd paving th
Tis). We will
method to “
ecrease the p
or the bridge
riteria for fou
ressures, geo
ther details.
ask 5.3 Consu
lans are nea
hem to co
ecommendati
lso be availa
esign change
re required.
s an optiona
o provide
onstruction.
ASK 6 ‐ UTIL
OORDINATI
ask 6.1 U
oordination –
ocument all
ttached to th
onstruction zo
tility agenci
ocations of th
e installed i
nue Bridge Re
SCOPE O
ommendation
n this Task w
al Design Rep
e team for f
will prepa
undations wit
hough we can
tion options
es to evaluat
les. We wil
onse criteria
e abutments
ading, retaini
ties, backfill m
hicknesses fo
specifically d
“winterize” th
pavement sec
e wingwalls,
undations, la
otechnical dra
ultation and
aring comple
onfirm that
ions has bee
able for con
es or if addit
l task, Miller
geotechni
LITY INVESTI
ON
Utility Surve
– A field revi
utilities in t
e bridge or lo
one. Project
ies for ide
heir existing f
n the future
eplacement
OF SER
ns for the item
ill include pre
port that will
final structur
re geotechn
th recommen
n also provide
the project’
te, such as to
ll discuss sei
based on Ca
s and roadwa
ng wall latera
methods and
r various Tra
discuss lime t
he site (if nee
ction.
we will pre
ateral active
ainage requir
Plan Review
etion, we sho
the inten
n incorporate
nsultation if
ional geotech
r Pacific will b
ical service
IGATIONS A
eys, Notific
iew will be co
the area that
ocated in the
plans will be
entifying an
facilities or n
e bridge. On
Page | 9
RVICES
ms described
eparation of
be used by
ral and civil
nical design
ndations for
e criteria for
’s Structural
orque‐down
ismicity and
altrans’ SDC
ays, we will
al pressures,
compaction
affic Indexes
reatment as
eded) and to
pare design
and passive
rements and
‐ As project
ould review
nt of our
ed. We will
the project
hnical items
be prepared
es during
ND
cation and
onducted to
t are either
e anticipated
provided to
nd marking
new ones to
nce existing
utilities
Oberkamp
alignment
the projec
Task 6.2 U
utility age
of conflic
agreemen
that durin
meetings
utility age
TASK 7 ‐
HYDRAU
The hydro
the follow
the replac
I. Exist
II. Prop
III. Prop
Year
IV. Prop
cond
V. Prop
Year
cond
VI. Prop
with
According
and scour
scenarios
Task 7.1
installed
(installed
period of
reliable
Stetson w
method t
for variou
flood). St
results w
most app
at the bri
have been
per & Associ
ts and incor
ct base topog
Utility Reloca
encies for the
cting utilities
nts will, be
ng the course
will be hel
encies.
STREAM HY
ULIC ANALYS
ologic and hy
wing six scena
cement bridg
ting condition
posed replace
posed replace
Work Plan co
posed replace
dition
posed replace
Work Plan w
dition
posed replace
out the deten
gly, the follo
r analyses wil
.
1 Hydrologic
stream sta
in 2007) do
recording an
flood freq
will use the H
to determine
us return inte
tetson will c
with those of
ropriate resu
idge site for
n located
iates will sur
porate this
graphic mapp
ations ‐ Coord
e relocation a
s, and prepa
continued.
of the projec
d with each
YDROLOGIC
IS
ydraulic analy
arios to assist
e:
n
ement bridge
ement bridge
ondition
ement bridge
ement bridge
without the
ement bridge
ntion basins c
owing hydro
ll be conduct
c Analysis –
age gage in
oes not have
nnual peak flo
quency/proba
HEC‐HMS hyd
e flood frequ
ervals (e.g., 5
ompare its
FEMA’s mo
lts to estimat
various retur
and mar
rvey the mar
information
ing.
dination with
nd/or protec
aration of ut
It is anticipa
ct a total of th
h of the var
AND
ysis will cons
t in the desig
only conditio
e under the
e under the
e under the
detention ba
e under the
condition
ologic, hydra
ed for the ab
– The rece
n Fairfax Cr
e a long eno
ows to perfor
ability analy
rologic mode
uency/probab
50‐year, 100‐y
HEC‐HMS mo
del and use
te the peak fl
rn intervals.
A
ked,
rked
into
the
ction
tility
ated
hree
ious
sider
gn of
on
10‐
CIP
10‐
asins
CIP
ulic,
bove
ently
reek
ough
rm a
ysis.
eling
bility
year
odel
the
ows
The
fo
pe
Ta
hy
hy
st
fo
di
St
us
vi
an
ap
hy
Ta
Co
br
th
St
de
co
fr
Hy
Ta
St
Hy
Th
hy
an
ve
m
pr
sc
Azalea Avenu
S
ollowing app
eak flows for
Using the
the flow ra
peak flows
the Ross st
Multiply t
discharges
flow ratio
flows for t
Conduct H
peak flows
with deten
ask 7.2 Hydr
ydraulic ana
ydraulic mod
tudy to deter
or the existing
ifferent scena
tetson will r
sing more de
cinity. It is
nalysis will
ppropriate b
ydraulic perfo
ask 7.3
ountermeasu
ridge scour a
he scour pot
tetson will co
esign recom
ountermeasu
rom the sco
ydrology and
ask 7.4 Hydro
tetson will
ydraulics Rep
his report wi
ydraulic chara
nd the pro
erifying whet
meets bridge
resent the br
cour counterm
ue Bridge Rep
SCOPE O
roach will b
different ret
calibrated HE
atio at the br
s at the bridge
tream flow ga
the Flood Fr
s at the Ross
at the bridge
he different r
HEC‐HMS mo
s at the bridg
ntion basins.
raulic Analysi
alysis using
del developed
rmine the de
g condition a
arios. Prior t
refine the e
etailed topo s
anticipated
be needed
bridge design
ormance und
Bridge S
ure Design ‐
analysis using
tential for t
oordinate wi
mendations
ures at the b
ur analysis w
d Bridge Hydra
ology and Br
prepare a
port for Aza
ill present th
acteristics for
oposed repla
her the prop
design hydra
ridge scour po
measures. Th
placement
OF SER
e used to e
urn intervals:
EC‐HMS mod
ridge site by
e site by the
age.
requency An
stream flow
e site to obta
recurrence in
deling to det
ge site for th
is ‐ Stetson w
the existin
d for the Ros
esign flow ch
nd the new b
to the hydrau
existing HEC‐
survey data in
that iterativ
to arrive at
n to achiev
er the site co
Scour Ana
Stetson wil
g HEC‐RAS to
he replacem
th Geomorph
on the nee
bridge site.
will be inclu
aulics Report
ridge Hydraul
Hydrology
lea Bridge re
he design hyd
r both the ex
acement br
osed replace
aulic criteria.
otential and
he report will
Page | 10
RVICES
estimate the
:
el, calculate
dividing the
peak flow at
nalysis peak
gage by the
ain the peak
tervals.
termine the
he scenarios
will perform
ng HEC‐RAS
ss Valley CIP
aracteristics
bridge under
ulic analysis,
‐RAS model
n the bridge
ve hydraulic
t the most
ve the best
onstraints.
lysis and
l perform a
o determine
ment bridge.
h and make
d for scour
The results
uded in the
.
lics Report ‐
and Bridge
eplacement.
drologic and
isting bridge
idge, while
ment bridge
. It will also
recommend
include the
detailed h
appropria
model inp
Task 7.5 L
will prepa
Azalea B
document
required
Form and
support
encroachm
Federal H
following
with the
impact:
The r
imple
The
floodp
The
floodp
The m
assoc
The
natur
impac
The
signif
The
longit
The c
floodp
Task 7.6
two mee
presentat
TASK 8 ‐
Task 8.1
Support
design
protection
configurin
hydraulic mo
ate hydrolog
put.
Location Hyd
are a Locatio
Bridge repla
t the hydrolo
on the Caltra
d provide the
findings w
ment impact
Highway Adm
items will b
severity of
risks to life
ementation of
impacts o
plain values
support o
plain develop
measures to
iated with th
measures to
al and be
cted by the ac
practicability
icant encroac
practicability
tudinal encro
consistency w
plain manage
Meetings ‐ S
etings with
tion meeting w
STREAM GE
Design, Perm
‐ Geomorph
recommenda
n and stabi
ng bridge fou
del output re
y informatio
draulic Study
on Hydraulic S
cement. T
ogic and hydra
ans Location
documentat
with regard
ts. Per the
ministration a
be evaluated
the risk o
or property
f the action
n natural
of probable
pment
minimize flo
e action
o restore an
eneficial flo
ction
y of altern
chment;
y of altern
achment
with existing
ement progra
Stetson perso
the project
with the Tow
EOMORPHO
mitting, and
h will deve
ations for
lization stru
ndation com
esults along w
on used as
Report ‐ Stet
Study Report
The report
aulic informa
Hydraulic St
tion necessar
to floodp
requirement
nd Caltrans,
d commensu
r environme
associated w
and benef
e incompat
oodplain imp
nd preserve
oodplain va
natives to
natives to
watershed
ms.
onnel will att
team and
wn of Fairfax.
LOGY
Implementa
elop site‐spe
bank ero
ctures, and
ponents for
A
with
the
tson
t for
will
tion
tudy
ry to
plain
s of
the
rate
ental
with
ficial
tible
pacts
the
lues
any
any
and
tend
one
tion
ecific
sion
for
best
pr
ap
aq
w
re
no
G
as
m
br
Ta
Im
pr
w
ty
be
th
bi
fe
Ta
pr
de
re
th
co
in
al
TA
In
w
sa
Ch
m
th
Azalea Avenu
S
rotecting aq
pplicable, Ge
quatic habita
with the
ecommendati
ot conflict
eomorph w
ssessments
measurements
ridge replace
Field‐assist
banks and
base maps
Assist the
final design
Prepare 30
specificatio
erosion pr
enhancem
ask 8.1 G
mplementatio
reliminary fie
with project t
ype selection
e to produce
he environm
iotechnical
eatures as far
ask 8.2 Geom
repare a Ge
esign constra
ealized for th
he 30% or lat
ontain nar
ncorporation
lternative ana
ASK 9 ‐ TRA
nput from Pa
will relate to t
afety related
hartering Me
meetings, as w
he Town Coun
ue Bridge Rep
SCOPE O
quatic resou
eomorph will
at enhancem
reach‐scale
ions and ens
with projec
will synthes
with new
s and advise
ment design
t topographi
environmen
s by others
project team
ns for scour c
0%, 65%, 95
ons for cer
rotection, and
ment elements
General Des
on Support ‐
eld and offi
team memb
and prelimin
e a project th
ental regula
and habitat
r as practically
morphology
eomorpholog
aints encoun
he proposed
ter level desi
rrative ma
in the pr
alysis for NEP
FFIC ANALYS
risi Transport
traffic, pedes
aspects. Pari
eeting and up
well as a co
ncil.
placement
OF SER
urces at the
recommend
ent element
geomorph
suring the st
ct hydraulic
size past
field observ
e the projec
layout. Geom
c survey of t
ntal features f
m to develop
countermeasu
5%, and 100%
rtain bank s
d habitat pro
s
sign, Permi
‐ Geomorph w
ce research
ers to steer
nary layout. T
hat can be su
tory agencie
t enhancem
y feasible.
Report ‐ Geo
gy Report d
tered and o
project layou
gn plans. The
aterials sui
roject descr
PA/CEQA docu
SIS
tation Consu
strian, bicycle
isi will attend
p to two pub
ombined pres
Page | 11
RVICES
e site. If
and design
s consistent
hic design
tructures do
objectives.
geomorphic
vations and
ct team on
morph will:
the bed and
for site plan
p initial and
ures
% plans and
stabilization,
otection and
itting, and
will conduct
and confer
the bridge
The goal will
upported by
es for using
ment design
omorph will
documenting
pportunities
ut shown in
e report will
itable for
ription and
uments.
lting (Parisi)
e, and traffic
d the Project
blic outreach
sentation to
Task 9.1
XVI of Ap
bridge. P
draft and
traffic rela
Confli
policy
for th
taking
includ
and
system
inters
pedes
Confli
mana
limite
dema
estab
mana
Result
includ
chang
safety
Subst
featu
inters
equip
Result
Confli
progr
pedes
perfo
Task 9.2 A
Upon To
potential
converted
operation
traffic co
estimate
roadway
changes
recomme
CEQA Input
ppendix G of
Parisi will co
final written
ated CEQA qu
ict with an a
y establishing
he performan
g into accoun
ding mass tra
relevant com
m, includin
sections, stre
strian and bic
ict with
gement pro
ed to level of
and measur
lished by
gement agen
ting change
ding either an
ge in locatio
y risks
antially incre
re (e.g., sh
sections) or i
pment)
ting inadequa
ict with ad
ams regardin
strian facilitie
rmance or sa
Azalea Avenu
own directio
traffic effe
d from on
ns. Parisi will
ounts at up
the traffic vo
segments.
to intersec
nd chann
‐ Parisi will c
the CEQA G
onduct resea
n responses f
uestions:
applicable pla
g measures
nce of the cir
nt all modes o
nsit and non‐
mponents of
g, but no
eets, highway
cycle paths, a
an applica
ogram, inclu
f service stan
res, or ot
the coun
ncy for design
e in air t
n increase in
n that result
eased hazards
harp curves
ncompatible
ate emergenc
dopted poli
ng public tra
es, or otherw
fety of such f
ue Two‐Way
n, Parisi wi
cts if Azalea
e‐way to
l conduct we
to four in
olume change
Parisi will a
ction traffic
nelization
complete Sec
uidelines for
rch and prep
for the follow
an, ordinance
of effectiven
rculation syst
of transportat
‐motorized tr
f the circula
ot limited
ys and freew
nd mass tran
ble conges
uding, but
dards and tr
ther standa
nty conges
nated roads
traffic patte
traffic levels
ts in substan
s due to a de
or danger
uses (e.g., f
cy access
cies, plans,
ansit, bicycle
wise decrease
facilities
Traffic Analy
ill consider
a Avenue w
two‐way tra
ekday peak h
ntersections
es on up to th
ddress poten
controls,
changes,
A
ction
the
pare
wing
e or
ness
tem,
tion,
ravel
tion
to,
ways,
sit
stion
not
ravel
ards
stion
erns,
or a
ntial
esign
rous
farm
or
e, or
the
ysis ‐
the
were
affic
hour
and
hree
ntial
and
as
ap
ev
Ta
co
ha
Th
ro
an
Pa
re
TA
Th
ha
sc
m
ge
be
Ta
w
Av
se
St
Se
Th
dr
A
A
en
Pr
no
Pr
ty
Th
an
Au
de
To
D
id
w
ot
St
w
Azalea Avenu
S
ppropriate.
valuation of t
ask 9.3 Tem
onduct a s
andling route
he study will
outings, traff
nd potential
arisi will rev
elated to tran
ASK 10 ‐ CIV
he activities
ave been de
cope of relev
mapping an
eomorphic s
een presente
ask 10.1 ‐ 30
will define the
venue by dev
ections, profi
tudies (APS),
election Repo
he 30% Desig
rawings for th
PE Maps. CIC
PE maps
nvironmental
reliminary En
ot be require
reliminary Ro
ypical section
he project w
nd electroni
utoCAD 2011
esign submit
own of Fairfa
esign Except
dentified and
with reasons w
ther alternati
tructural Aest
will coordinate
ue Bridge Rep
SCOPE O
In this task
the applicable
mporary Traff
tudy to as
es during con
include an e
fic volumes,
effects alon
iew the 30%
nsportation.
VIL AND STR
defined as T
escribed bel
vant environm
d surveyin
services not
ed earlier in th
0% Design Su
e geometrics o
veloping layo
ile grades, B
Bridge Gene
ort.
gn Submittal
he following p
C will assist W
for use
l and cultura
nvironmental
d since it has
oadway Geom
s and profile
will be design
c plan prep
1 platform. T
ttals will con
x border form
tions. Any de
presented to
why the excep
ives were inv
thetic Feature
e with the pr
placement
OF SER
k, Parisi will
e CEQA guide
fic Handling
ssess tempo
nstruction of
evaluation of
out‐of‐direc
ng the altern
% design plan
UCTURAL D
Tasks 1 and 2
ow. Again,
mental, publ
ng, geotech
appearing b
his scope of s
ubmittal ‐ Th
of the roadw
ut plans, road
Bridge Advan
ral Plan, and
l will include
project eleme
WRA with pre
in conjunc
l resources s
Scoping (PE
s already been
metrics. Road
plans will be
ned using im
paration will
The plans sh
nform to th
mat.
esign except
o the Town a
ption is neede
estigated.
es. MacDona
roject’s bridg
Page | 12
RVICES
provide an
elines.
‐ Parisi will
orary traffic
f the bridge.
f alternative
ction travel,
ative route.
ns for items
ESIGN
2 in the RFP
the specific
ic outreach,
hnical and
below, have
ervices.
his submittal
way at Azalea
dway typical
ce Planning
Bridge Type
e conceptual
ents.
eparation of
ction with
studies. The
S) form will
n done.
dway layout,
e developed.
perial units,
be in the
heets for all
e preferred
ions will be
and Caltrans
ed and what
ld Architects
ge engineers
in concep
Bridge an
This wor
stakehold
modes: co
sketches.
analysis o
bridge de
meet wit
schemes.
hand draw
of prelim
Architects
communit
outreach
with a thr
2) bike m
movemen
Bridge A
Planning
bridge to
three via
and expe
the most
of geotec
geomorph
studies.
estimates
APS packa
for the en
Bridge Ty
selected,
Selection
for the
proposed
section.
including
distribute
needed.
Bridge Ty
and sche
Town and
will be to
the mee
General P
ptualizing th
d all of its re
rk will be
ders and co
omputer rend
After a t
of the engin
esign team an
h the Town
The next s
wn sketches
minary design
s will prepar
ty group me
program. M
ree scale syst
movement; a
nt requires de
Advance Plan
Study (APS)
present the
ble bridge t
diting constru
suitable bridg
chnical inves
hic studies
Conceptual
s will be prep
age will be us
nvironmental
ype Selection
CIC will pro
process. A G
preferred s
structure, f
A Prelimina
updated brid
ed to Town
ype Selections
edule a Type
d Caltrans to
obtain the a
eting. The m
Plan sheet wil
e design of
elated archite
illustrated
mmunity via
derings, phot
horough dat
neers’ prelim
nd MacDona
to brainstorm
tage will inv
and/or com
n alternative
re presentati
eetings as pa
MacDonald A
em: 1) pedes
nd 3) auto m
etails at differ
nning Studie
will be con
optimum bri
ypes, minim
uction, will b
ge recommen
stigations an
will be ref
design co
ared for each
sed to define
process.
. After the pr
oceed with t
General Plan
tructure typ
foundation t
ary Type Se
dge cost, will
n, Caltrans
s Meeting. CI
e Section M
discuss the b
approval of th
meeting min
l be submitte
Azalea Ave
ctural amenit
for the To
a the follow
o montages,
ta research
minary data,
ld Architects
m various de
volve genera
puter render
es. MacDon
on materials
art of the pu
Architects de
trian movem
movement. E
rent scales.
es. An Adva
nducted for
dge types. U
izing disrupt
be presented
nded. The res
d hydraulic
lected in th
nstruction
h alternative.
e the bridge w
referred bridg
the Bridge T
will be prepa
pe showing
type and typ
election Me
be prepared
and others,
C will coordin
eeting with
bridge. The
he bridge typ
nutes and f
ed to the Tow
A
enue
ties.
own,
wing
and
and
the
will
esign
ating
rings
nald
s for
ublic
esign
ent;
Each
ance
the
p to
ions
and
sults
and
hese
cost
The
work
ge is
Type
ared
the
pical
emo,
and
as
nate
the
goal
pe at
final
wn of
Fa
Ta
(In
af
ce
th
je
en
of
de
dr
(r
O
re
ea
su
in
th
Tr
pr
st
de
re
an
po
tr
in
an
Si
D
th
te
ch
Si
ne
re
U
ba
be
Co
To
D
to
Az
dr
Azalea Avenu
S
airfax and Cal
ask 10.2 ‐ 65
ntermediate
fter the envi
ertain level o
hat the en
eopardized
nvironmental
f this propo
etour, traffic
rainage, stre
revegetation)
ne meeting
eceived on th
ach comme
ubmittal will
ncorporate co
he 30% Design
raffic Contro
repared to
triping, tempo
evices. A
equired. Base
n initial stu
otentially si
raffic operat
ncreases in
nticipated str
igning and St
elineation pla
he base layou
emporary tr
hannelizers,
igns will be s
ew and exis
emoved, reloc
tility Plans.
ased on infor
e developed
onceptual de
own‐owned f
rainage Facil
o determine
zalea Avenue
rainage plans
ue Bridge Rep
SCOPE O
ltrans for app
5% Plans, Sp
PS&E) ‐ This
ironmental d
of completion
nsuing desig
by change
l impacts an
osal, we are
control, sign
eet lighting,
and SWPPP
will be hel
he 30% subm
nt shall be
further refi
omments rece
n Submittal p
ol Plans. Traf
include all
orary railing,
detour plan
ed on the pre
udy will be
gnificant im
tions during
traffic durin
reet closure.
triping Plans
ans will be p
ut plan shee
raffic lines,
delineators,
shown on th
sting signs, a
cated, salvag
Preliminary
rmation gathe
including con
esign plans w
facilities that
lities Plans. A
drainage n
e Bridge imp
s will be dev
placement
OF SER
proval.
pecifications
s task will be
document has
n and there is
gn work w
s instigated
alysis. For th
e labeling th
ning and stri
landscape
P plans as “
d to review
mittal and det
e addressed.
ne the 30%
eived from th
package.
ffic control p
temporary s
and other tr
n will be p
eliminary desi
e prepared
mpacts assoc
construction
ng detours d
s. Striping an
repared on a
ets and includ
pavement
object ma
e same shee
as well as t
ed or modifie
y Utility Lay
ered in Task
nceptual reloc
will be develo
will require r
An analysis w
eeds for th
provements.
veloped usin
Page | 13
RVICES
& Estimate
e completed
s reached a
s confidence
ill not be
d by the
he purposes
he roadway,
ping, utility,
architecture
Civil Plans.”
w comments
ermine how
. The 65%
design and
he review of
plans will be
signing and
raffic control
repared, as
ign concept,
identifying
ciated with
n plus any
due to the
d Pavement
a skeleton of
de final and
markings,
arkers, etc.
ets to depict
those to be
ed.
yout sheets
6 above will
cation plans.
oped for any
relocation.
will be done
e proposed
Preliminary
g a 10‐year
storm as d
catch bas
Street Lig
Azalea Av
necessary
adequate
wiring w
existing se
of cables
service do
service fr
establishe
boxes wi
codes. L
with dayli
consultati
desired.
Right‐of‐W
identified
improvem
not antic
be identif
Revegeta
(30% Des
narratives
document
and CDFW
draft and
WRA wil
construct
includes t
proposed
sheet of r
irrigation
time to
meetings
Storm W
and Best
will be d
practices
especially
specificat
measures
Unchecke
Bridge wi
design criteri
in locations a
ghting Plans. T
venue Bridge
y, will be serv
capacity is f
will be splice
ervice, with p
and splices a
oes not have
rom the serv
ed. All stree
ill meet loca
Light lamps w
ight sensors.
ion with the
Way Plans. T
in Task 4
ment plans.
ipated. Cons
fied and show
tion Plans. W
ign) revegeta
s for inclu
ts, and perm
W. The 30% d
d final submi
l prepare a
ion for the
time to cond
revegetatio
restoration pl
plans for th
participate
with Town st
ater Pollutio
Managemen
developed b
for this t
y for work ar
ions will be
s and erosion
ed Bridge Pla
ll be develop
a. This analys
and pipe sizing
The need for
will be anal
viced from e
found availab
ed and exte
pull boxes inc
at new fixture
the required
ving electrica
et conduits,
al standards
will be an ef
Light poles w
Town if a d
The existing
4, will be
New right‐o
struction ease
wn.
WRA will pre
ation plans, cr
usion in th
it application
design submit
ission. As p
n estimate
30% design
duct a site as
n site, and
anting plans
e project. T
in two desi
taff and the d
on Prevention
nt Practices
based on be
ype of con
ound waterw
e presented
control devic
ans. Plans fo
ped based on
sis will determ
g needs.
street lightin
yzed. Lightin
existing circui
ble. Conduit
ended from
cluded for pu
es. If the exis
ampacity, a
al utility will
wiring and
and applica
fficient LED t
will be selecte
ecorative po
right‐of way
shown on
of way takes
ements will
epare schem
ross sections
he CEQA/N
ns such as CO
ttal will includ
part of this t
of the cost
. WRA’s sc
ssessment of
to prepare
and one shee
his task inclu
gn coordina
design team.
n Plans (SWP
(BMPs). SWP
est managem
nstruction w
ways. Details
for preven
ces.
r Azalea Ave
n the civil lay
A
mine
ng at
g, if
ts if
and
the
lling
sting
new
l be
pull
able
type
ed in
le is
y, as
the
are
also
matic
and
NEPA
ORPS
de a
task,
t of
cope
the
one
et of
udes
tion
PPP)
PPPs
ment
work,
and
ntive
enue
yout,
st
Se
fe
co
in
U
br
an
Co
(6
th
fo
co
un
la
20 be
w
Co
st
PS
re
M
Co
La
D
H
(S
El
Pl
Ta
(D
Ci
co
de
Th
pa
65 de
es
in
Ch
ea
pr
of
Azalea Avenu
S
taging, hydra
election Rep
eatures for
oncrete surfa
ncorporated
pon the com
ridge plans w
nd ready for t
ombined Int
65% Design) ‐
he bridge will
or quality and
ost estimate
nchecked qu
atest Caltrans
015 Caltrans
e our standar
work. All other
ounty of Ma
tandard refe
S&E package
eview. Projec
Map; Layout; P
onstruction;
ayouts; Drain
elineation L
andling; Stor
SWPPP); Util
lectrical Light
lans.
ask 10.3 ‐ 9
Draft PS&E)
ivil Plans. O
omments re
etermine how
his submitta
ackage based
5% Submittal
efined and
stimates an
ndependently
hecked Bridg
ach design w
rocess. CIC w
f bridge qu
ue Bridge Rep
SCOPE O
aulics, topog
port recomm
the bridge,
aces, railings a
into the de
mpletion of t
will be 100%
the Independ
termediate C
‐ Preliminary
l be combine
d consistency
e will be
uantities, wit
s Contract Co
Standard Spe
rd reference
r design work
arin Standar
erence docum
e will be sub
ct plans will in
Profiles; Typi
Constructio
nage Profiles
Layouts; De
rm Water Po
lity Layouts;
ting Plans; an
5% Plans Sp
One meeting
ceived on t
w each comm
l will fully
d on the com
l. All compon
shown on
nd cost w
y checked as a
ge Plans. An
will be perfor
will also prepa
uantities ta
placement
OF SER
raphy, and B
mendations.
such as tr
and light fixt
esign, where
this phase o
% designed an
dent Check pr
Civil & Struc
bridge and c
d and review
y of the overa
based on
th unit price
ost Data publ
ecifications an
document fo
k will use the
rd Specificati
ment. The In
bmitted to th
nclude Title a
cal Cross Sec
on Details;
; Signing and
etour/Tempor
ollution Preve
; Revegeta
d the entire s
pecifications
will be held
the 65% Sub
ment shall be
develop the
ments receiv
ents of the de
n the plans
will be up
a QC measure
n independe
rmed as part
are two indep
ke‐offs. Brid
Page | 14
RVICES
Bridge Type
Aesthetic
eatment of
ures, will be
applicable.
of work, the
nd detailed,
rocess.
ctural PS&E
ivil PS&E for
wed in‐house
all work. The
preliminary,
es from the
lication. The
nd Plans will
or the bridge
Town’s and
ions as the
ntermediate
he Town for
and Location
ctions; Stage
; Drainage
d Pavement
rary Traffic
ention Plans
ation Plans;
set of Bridge
& Estimate
d to review
bmittal and
e addressed.
e civil PS&E
ved from the
esign will be
s. Quantity
dated and
e.
nt check of
t of the QC
pendent sets
dge special
provisions
construct
Schedule
document
registered
Combined
bridge an
quantity
combined
our quali
Town. Th
the final
scheduled
and comm
Task 10.4
(Final, “C
preparing
drawings
upon add
95% subm
bid docu
checkers,
be done
specificat
General C
for incorp
A Residen
Caltrans f
TASK 11
CIC will p
Utility Cer
Proceed
design te
construct
bidders. T
written q
Bidders
contract
Bid Meeti
TASK 12
The CIC
services r
during th
s, specificati
ion costs an
will be prep
ts will be sig
d engineers.
d 95% (Draf
nd civil plans
estimate for
d once again
ity control p
e project co
checked qu
d with the To
ments.
4 ‐ 100% Pla
Camera‐Ready
g the final su
and technica
dressing the
mittal. This su
uments, sign
ready for adv
e before t
ions consist
Conditions w
poration into
nt Engineer’s
format, will al
‐ BIDDING A
provide assist
rtifications as
with Constr
eam will be
ion‐related
The activities
questions in
Question,” p
documents,
ing and bid ev
– SERVICES
team will b
requested by
he construc
ions, Margin
nd Suggeste
pared in Calt
gned and sea
ft PS&E) Sub
s, updated sp
r the entire
, senior‐revie
plan, and su
st estimate w
antities. A
own to discu
ns Specificat
y” PS&E) ‐ T
ubmittal of t
al specificatio
comments
ubmittal will
ned by the
vertising. The
this submit
ting of lega
will be provid
the construc
s Pending Fil
lso be submit
ASSISTANCE
tance with R
s well as HBP
uction for t
e available
questions fr
s may includ
n a “Genera
preparing ad
if required, a
valuation (if r
DURING CO
be available
y the Residen
tion. Thes
nal Estimate
ed Working
trans format
led by Califo
bmittal. Chec
pecifications
project will
ewed as par
ubmitted to
will be based
meeting wil
uss the subm
tions & Estim
his task inclu
the construc
ons to the To
received on
contain the f
designers
e final QA/QC
ttal. Boilerp
al sections
ed by the To
ction docume
le, following
tted.
Right‐of‐Way
Authorizatio
he project.
to respond
rom prospec
de responding
al Response
ddenda for
attending a
requested).
ONSTRUCTIO
for enginee
nt Engineer
se services
A
e of
Day
. All
ornia
cked
and
l be
rt of
the
d on
l be
ittal
mate
udes
ction
own
the
final
and
C will
plate
and
own
ents.
the
and
n to
The
to
ctive
g to
e to
the
Pre‐
ON
ering
(RE)
will
in
Pr
w
an
pr
Re
sh
lis
co
Re
w
co
w
to
be
sc
Fi
du
To
As
re
co
re
do
by
PR
A
th
N
su
re
Azalea Avenu
S
nclude:
re‐constructi
will attend a m
nd others, on
rior to the sta
eview of Sho
hop plans for
st any exce
orrection and
esponding to
will respond
ommunicated
with written m
o Cost Reduct
enefit of the
cope.
ield Visits. W
uring the con
own and the
s‐built plans
evised, as nec
onstruction p
eflect the cha
one either m
y the Town.
ROJECT DEL
consolidated
he following t
umbers in
ubmitted. W
equisite copie
ue Bridge Rep
SCOPE O
on conferen
meeting with t
nce the projec
art of work.
op Drawings.
r prestressing
eptions foun
d resubmittal.
o Requests fo
to the
d through the
memos addres
tion Incentive
e Contractor,
We have sch
nstruction pe
Resident Eng
corrections.
cessary, for ar
period with fi
anges made.
manually or e
LIVERABLES
d list of deliv
two pages ba
brackets
here the num
es will be prov
placement
OF SER
ce. CIC Proje
the Town, the
ct has been a
The CIC staff
g and joint se
d for the C
.
or Informatio
Contractor’s
e Resident En
ssed to the R
e Proposal (C
, is not inclu
eduled three
eriod to cons
gineer, as nee
The project p
rchiving at th
eld input fro
The correct
electronically
verables is pr
ased on the
indicate ha
mber is not
vided.
Page | 15
RVICES
ect Manager
e Contractor
awarded and
f will review
eals, and will
Contractor’s
n (RFIs). CIC
questions
ngineer (RE)
RE. Response
CRIP), for the
uded in the
e field visits
ult with the
eded.
plans will be
e end of the
m the RE to
tions can be
, as desired
resented on
scope tasks.
ard copies
shown, the
Scope
Task
Task
Task
Task
Task
Task
Task
k 1
PRO
C
k 2
ENV
J
C
W
C
S
V
C
k 3
PU
W
k 4
MA
A
C
C
k 5
GEO
k 6
UT
OJECT MANA
Project Instru
CUFS Binders
Minutes of va
Digital Photo
VIRONMENT
NES Report; N
JARPA appli
Certification
Wetland Miti
NEPA Catego
CEQA Initial S
Section 106 D
Visual Impact
Community I
BLIC OUTREA
Website Main
Mailing List
Fact Sheets
Meeting Ann
Newsletters
Press Release
APPING AND
AutoCAD Bas
Updated Base
Copies of Fiel
Hybrid Map (
Copies of Titl
Plats & Legal
OTECHNICAL
Preliminary a
Bridge Log of
ILITY INVESTI
Utility Marku
AGEMENT AN
uctions Manu
s (1 set)
arious meetin
s (Electronic)
TAL STUDIES A
NLAA or BA R
cations (We
application, S
igation Plans,
rical Exclusio
Study/MND, D
Documentatio
t Assessment
mpact Assess
ACH
ntenance
ouncements
es
SURVEYING
se Map & Digi
e Map with D
ld Notes and
24x36) OD Ae
e Reports and
Descriptions
L INVESTIGAT
and Final Foun
f Test Borings
IGATION AND
ps and Updat
A
De
ND ORGANIZA
al (10)
ngs (1)
AND PERMITS
Reports
etland Deline
Streambed Al
, Mitigation M
n with Techn
Draft and Fina
on, including
Report
sment Report
and Exhibits
ital Terrain M
Design Survey
Utilities Infor
erial and Gro
d Deeds
for Easemen
TION AND PAV
ndation Repo
s (1 mylar, cop
D COORDINA
tes (Utility Pla
Azalea Avenu
S
liverables
ATION
S
eation, Pre‐C
teration Agre
Monitoring an
nical Studies
al Versions
HPSR, ASR &
ts (if needed)
Model (DTM).
y Data.
rmation
und Surveys
nts or Right of
VEMENT DES
ort (5)
pies)
ATION
ans will be in
ue Bridge Rep
SCOPE O
Construction
eement)
nd Reporting
HRER
f Way Takes a
SIGN
cluded in civi
placement
OF SER
Notification
Program
as‐needed (op
il plans)
Page | 16
RVICES
n, RWQCB
ptional)
Scope
Task
Task
Task
Task
Task
Task
Task
k 7
Str
C
k 8
STR
G
k 9
TRA
C
T
k 10
CIV
Q
C
k 11
BID
C
k 12
SER
S
S
A
eam Hydrolo
Preliminary &
Cross‐section
Location Hyd
REAM GEOM
Geomorphic
Erosion Prote
AFFIC ANALY
CEQA Traffic
Traffic Detou
VIL AND STRU
Bridge Advan
Bridge Type S
Bridge Gener
30%, 65%, 95
Bridge Design
Bridge Indepe
Quantity Calc
Cost Estimate
RE Pending F
Final Project
Final Reprodu
DDING ASSIST
Contract Bi d
Response to
RVICES DURIN
Site Visit Mem
Shop Drawing
Response to
As‐built Corre
ogic and Hydr
& Final Hydrau
n Survey Data
raulic Study R
ORPHOLOGY
Assessment a
ection Memo
SIS
Studies (inclu
r & Staging R
UCTURAL DES
nce Planning S
Selection Rep
ral Plans (3)
5% and Final P
n and Check C
endent Check
culations & Ch
es and Summ
ile (1)
Specification
ucible Plans (
TANCE
Addenda (if
bidder Quest
NG CONSTRU
mos
gs Review Co
RFIs
ection Drawin
A
De
raulics
ulics Report (
Report (5)
Y
and Erosion
(5)
uded in ED)
Report
SIGN
Studies Repor
port (3)
Plans (5 sets e
Calculations (
k Calculations
heck (1)
ary Forms (12
s (1)
1)
required)
tions (if requi
UCTION
mments
ngs
Azalea Avenu
S
liverables
(5)
rt
each)
1)
s (1)
2)
red)
ue Bridge Rep
SCOPE O
lacement
F SER
Page | 17
RVICES
38072.00001\24968759.1 21
EXHIBIT B
FEES
Town of Fairfax
Summary ofAzalea Avenue Bridge PE Phase Hours and Costs CIC MGE WRA Kelly Parisi
Miller
Pacific
Nelson \
Nygaard OberKamper Geomorph MacDonald Stetson Total Project Task Total Hours 302 0 24 4 4 0 10 0 0 12 0 356
Task Cost $58,780 $0 $3,890 $560 $980 $0 $1,520 $0 $0 $3,138 $0 $68,868 Task Total Hours 20 0 259 110 0 0 0 0 0 0 0 389
Task Cost $4,300 $0 $33,175 $15,400 $0 $0 $0 $0 $0 $0 $0 $52,875 Task Total Hours 24 8 0 0 3 0 115 0 0 18 0 168
Task Cost $5,160 $1,866 $0 $0 $735 $0 $13,600 $0 $0 $3,313 $0 $24,674 Task Total Hours 12 0 0 0 0 0 0 178 12 0 46 248
Task Cost $2,580 $0 $0 $0 $0 $0 $0 $30,650 $2,160 $0 $6,190 $41,580 Task Total Hours 18 0 0 0 0 58 0 0 0 0 0 76
Task Cost $3,390 $0 $0 $0 $0 $7,790 $0 $0 $0 $0 $0 $11,180 Task Total Hours 84 0 0 0 0 0 0 16 0 0 0 100
Task Cost $12,960 $0 $0 $0 $0 $0 $0 $3,260 $0 $0 $0 $16,220 Task Total Hours 18 0 0 0 0 0 0 0 16 0 214 248
Task Cost $3,390 $0 $0 $0 $0 $0 $0 $0 $2,880 $0 $31,414 $37,684 Task Total Hours 10 0 0 0 0 0 0 0 8 0 0 18
Task Cost $1,670 $0 $0 $0 $0 $0 $0 $0 $1,440 $0 $0 $3,110 Task Total Hours 8 10 0 0 44 0 0 0 0 0 0 62
Task Cost $1,720 $1,750 $0 $0 $10,780 $0 $0 $0 $0 $0 $0 $14,250 Task Total Hours 156 92 0 0 0 0 0 0 0 14,529 0 346
Task Cost $24,260 $12,137 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,926 Task Total Hours 0 0 0 0 0 0 0 0 0 0 0 0
Task Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Task Total Hours 0 0 0 0 0 0 0 0 0 0 0 0
Task Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $128 $0 $0
652 110 283 114 51 58 125 194 36 20,980 260 2,011
$118,210 $15,753 $37,065 $15,960 $12,495 $7,790 $15,120 $33,910 $6,480 $0 $37,604 $321,367 $0 $0 $0 $0 $0 $0 $0 $0 $194 $0 $0 $194
$254,595 $0 $26,313 $0 $0 $12,500 $0 $0 $0 $0 $0 $38,813 $25,460 $0 $2,631 $0 $0 $1,250 $0 $0 $0 $0 $0 $29,341
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$1,400 $250 $1,000 $350 $0 $500 $950 $5,500 $0 $20,980 $0 $9,950 $145,070 $16,003 $67,009 $16,310 $12,495 $22,040 $16,070 $39,410 $6,674 $20,980 $37,604 $399,665 Task 2.2B CEQA Studies CIC Kelly Total
Hours 23 45 70 28 143
Cost $4,945 $8,235 $10,220 $3,920 $27,320
Subconsultant Markup (10%) $0 $824 $1,022 $392 $2,238
Total CEQA $4,945 $9,059 $11,242 $4,312 $29,558
AZALEA AVENUE BRIDGE SUMMARY
Other Direct Expenses
Phase 1 Cost for Each Consultant and Total
Project Total Hours
Project Total Labor Cost
Salary Escalation
Subconsultants
Sub Markup (10% Max)
Permit Fees
Task 1 - Project Management and Organizational LogisticsTask 11 - Bidding AssistanceTask 12 - Services During ConstructionTask 2 - Environmental Studies and Permits (less CEQA)Task 7 - Stream Hydrologic and Hydraulic AnalysisTask 8 - Stream GeomorphologyTask 9 - Traffic Analysis
WRA, INC
Task 10 - Civil and Structural DesignTask 6 - Utility Investigations and CoordinationTask 3 - Public OutreachTask 4 - Topographic Mapping, Aerial Photogrammetric Surveys, & ROW MappingTask 5 - Geotechnical Investigation and Pavement Design 38072.00001\24968759.1 22
EXHIBIT C
FORMS
Local Assistance Procedures Manual EXHBIT 10-F
Certification of Consultant, Commissions & Fees
LPP 13-01 May 8, 2013
EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the founder and president, and duly authorized representative of the firm of California Infrastructure Consultancy, whose address is 930 Alhambra Boulevard, Suite 220, Sacramento, CA 95816, and that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract; nor
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this contract.
I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this contract involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil.
9/7/16
(Date) (Signature)
Distribution: 1) Local Agency Project File (Original & Contract) 2) DLAE (with contract copy)
Local Assistance Procedures Manual EXHBIT 10-I
Notice to Proposers DBE Information
LPP 13-01 May 8, 2013
EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION
The Agency has established a DBE goal for this Contract of 12.6% OR
The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract.
1. TERMS AS USED IN THIS DOCUMENT
• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term “Agreement” also means “Contract.”
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
Local Assistance Procedures Manual EXHBIT 10-I
Notice to Proposers DBE Information
LPP 13-01 May 8, 2013
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/.
1. Click on the link in the left menu titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the Local Assistance Procedures Manual EXHBIT 10-I
Notice to Proposers DBE Information
LPP 13-01 May 8, 2013
purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.
Local Assistance Procedures Manual EXHBIT 10-J
Standard Contract Provisions for Subconsultant/DBE Participation
LPP 13-01 May 8, 2013
EXHIBIT 10-J STANDARD CONTRACT PROVISIONS FOR SUBCONSULTANT/DBE PARTICIPATION
1. Subconsultants
A. Nothing contained in this Contract or otherwise, shall create any contractual relation between the Agency and any subconsultants, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the 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 Agency's obligation to make payments to the Consultant.
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 subconsultants.
C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency.
D. Any substitution of subconsultants must be approved in writing by the Agency’s Contract Administrator in advance of assigning work to a substitute subconsultant.
2. Disadvantaged Business Enterprise (DBE) Participation A. This Contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. If the contract has a DBE goal, the Consultant must meet the goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. A DBE is a firm meeting the definition of a DBE as specified in 49 CFR.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the local agency deems appropriate.
D. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
E. A DBE may be terminated only with prior written approval from the local agency and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting local agency consent for the termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f).
Local Assistance Procedures Manual EXHBIT 10-J
Standard Contract Provisions for Subconsultant/DBE Participation
LPP 13-01 May 8, 2013
3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Contract, 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 Contract is commensurate with the work it is actually performing; and other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Contract, 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.
C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of the Contract 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.
4. Prompt Payment of Funds Withheld to Subconsultants
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two.) B. No retainage will be withheld by the Agency from progress payments due the prime Consultant.
Retainage by the prime Consultant or subconsultants is prohibited, and no retainage will be held by the prime Consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime Consultants and subconsultants.
C. No retainage will be held by the 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 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.
Local Assistance Procedures Manual EXHBIT 10-J
Standard Contract Provisions for Subconsultant/DBE Participation
LPP 13-01 May 8, 2013
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the 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.
5. DBE Records
A. The 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 consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants,” 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 Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent 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 ReportUtilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.
6. DBE Certification and Decertification Status
If a DBE subconsultant is decertified during the life of the Contract, 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 Contract, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency’s Contract Administrator within 30 days.
Local Assistance Procedures Manual EXHIBITlO-V
Non-Discrimination Clause
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
(Inclusive of all DB Es listed at bid proposal. Refer to instructions on the reverse side of this form) Consultant to Complete this Section
I. Local Agency Name: Town of Fairfax, Marin County, CA
2. Project Location: Azalea Avenue Bridge over Fairfax Creek in Fairfax
3. Project Description: Replacement of Azalea Avenue Bridge
4. Consultant Name: California Infrastructure consultancy, Inc.
5. Contract DBE Goal: 12.6%
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Finn 8. DBE Cert. 9.DBE% Contact Infonnation Number
Independent Structural Assessment Review Bob Sennett, MGE Engin'g. 916-421-1000 08145 11.5% Geotechnical Drilling Ryan Woodward,Woodward Drilling 37887 1.1% 707-374-4300
Local Agency to Complete this Section IO. Total
%Claimed 12.6%
16. Local Agency Contract Number:
17. Federal-aid Project Number: BRL0-5277(028)
18. Proposed Contract Execution Date: 917/16
Local
information
Agency
on
certifies
this form
that
is
all
complete
DBE certifications
and accurate:
are valid and the
11. ~~ Preparer's Signature
Garrett Tov Nader Tamannaie
19. Local Agency Representative Name (Print) 12. Preparer's Name (Print) 9- A.Am~ ~ qti~l (.Q President
20. Loc ncy Representat Signature 21. Date 13. Preparer's Title 917/16 916-448-1980
Town Manager ( 415) 458-2345 14. Date 15. (Area Code) Tel. No. 22. Local Agency Representative Title 23. (Area Code) Tel. No.
Distribution: (I) Original - Consultant submits to local agency with proposal (2) Copy - Local Agency files
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-02
Consultant Contract DBE Information
EXHIBIT 10-02 CONSULTANT CONTRACT DBE INFORMATION
(Inclusive of all DB Es listed at contract award. Refer to instructions on the reverse side of this form) Consultant to Complete this Section
1. Local Agency Name: Town of Fairfax, Marin County, CA
2. Project Location: Azalea Avenue Bridge over Fairfax Creek in Fairfax
3. Project Description: Replacement of Azalea Ave Bridge
4. Total Contract Award Amount: $399.665
5. Consultant Name: California Infrastructure consultancy, Inc.
6. Contract DBE Goal 12.6%
7. Total Dollar Amount for all Subconsultants: $254,595
8. Total Number of all Subconsultants: J..Q
Award DBE/DBE Information
9. Description of Services to be Provided 10. DBE/DBE Firm 11. DBE Cert. 12. DBE Dollar Contact Information Number Amount
Independent Structural Assessment Review Bob Sennett, MGE Engin' g. 916-421-1000 08145 $16,003 Geotechnical Drilling Ryan Woodward, Woodward Drilling 37887 $10,000 707-374-4300
Local Agency to Complete this Section 13. Total
Dollars $26,003
20. Local Agency Contract Number: Claimed
21. Federal-aid Project Number: BRL0-5277(028) 14. Total
22. Contract Execution Date: 9/7/ 16 %Claimed 12.6%
Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate:
Garrett Tov
23. Local Agency Representative Name (Print)
Cb.,,_ 1xl.- T. / c1[1sl1.b
Town
24. Loc
Manager
ency Representa(!Ye Signature
(
25. 415)
Date
458-2345 15.
!nvPreparer's ~ Signature 26. Local Agency Representative Title 27. (Area Code) Tel. No.
Nader Tamannaie
16. Preparer's Name (Print)
Caltrans to Complete this Section President
Caltrans District Local Assistance Engineer (DLAE) certifies that this form
17. Preparer' s Title
has been reviewed for completeness: 917/16 916-448-1980
18. Date 19. (Area Code) Tel. No.
28. DLAE Name (Print) 29. DLAE Signature 30. Date
Distribution: (I) Copy- Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment. (2) Copy - Include in award package sent to Caltrans DLAE (3) Original - Local agency files
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-P
Nonlobbying Certification for Federal-aid Contracts
Page1 of 1
LPP 13-01 May 8, 2013
EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.
Local Assistance Procedures Manual EXHIBIT 10-V
Non-Discrimination Clause
LPP 13-01 May 8, 2013
EXHIBIT 10-V NON-DISCRIMINATION CLAUSE
(To be included in Consultant Contract)
NON-DISCRIMINATION CLAUSE
During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
(DBE), FIRST-TIER SUBCONTRACTORS
Local Assistance Procedures Manual EXHIBIT 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES 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
CEM-2402F (REV 02/2008)
CONTRACT NUMBER COUNTY ROUTE POST MILES FEDERAL AID PROJECT NO. ADMINISTERING AGENCY CONTRACT COMPLETION DATE
PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT $
ITE
M
NO.
DESCRIPTION OF
WORK PERFORMED
AND MATERIAL
PROVIDED
COMPANY NAME AND
BUSINESS ADDRESS
DBE CERT.
NUMBER
CONTRACT PAYMENTS
NON-DBE DBE DATE WORK
COMPLETE
DATE OF FINAL PAYMENT
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
ORIGINAL COMMITMENT
$ TOTAL $ $
DBE
List all First-Tier Subcontractors, Disad
of work) was different than that approve
vantaged Business Enterprises (DBEs) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item d at time of award, provide comments on back of form. List actual amount paid to each entity.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
CONTRACTOR REPRESENTATIVE'S
SIGNATURE BUSINESS PHONE NUMBER DATE
TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE AND CORRECT
RESIDENT ENGINEER'S SIGNATURE BUSINESS PHONE NUMBER DATE Copy Distribution-Caltrans contracts: Original - District Construction Copy- Business Enterprise Program Copy- Contractor Copy Resident Engineer Copy Distribution-Local Agency contracts: Original - District Local Assistance Engineer (submitted with the Report of Expenditure
Copy- District Local Assistance Engineer Copy- Local Agency file
LPP 09-02 July 1, 2012
Fiscal Year 2013/2014 California Department of Transportation Debarment and Suspension Certification
As required by U.S. DOT regulations on governmentwide Debarment and Suspension (Nonprocurement), 49 CFR 29.100:
1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors, subcontractors and subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the State.
3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this certification, through those means available to Applicant, including the General Services Administration’s Excluded Parties List System (EPLS), Applicant shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and will provide a written explanation to the State.
DEPARTMENT OF TRANSPORTATION
DEBARMENT AND SUSPENSION CERTIFICATION
FISCAL YEAR 2013/2014
SIGNATURE PAGE
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct.
Signature Date 9/7/16
Printed Name NADER TAMANNAIE
Note: The requirements for attorney's statement and signature below are waived per consultation with Caltrans.
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has the authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these certifications and assurances have been legally made and constitute legal and binding obligations of the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances or of the performance of the described project.
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant)
Signature Date
Printed Name
of Applicant’s Attorney
AMENDMENT N0.1 TO AGREEMENT FOR CONSULTING SERVICES
This Amendment No. 1 to Agreement for Consulting Services (this "Amendment No. 1 ") is made and entered into as of December 2017, by and between the TOWN OF FAIRFAX (hereinafter "TOWN"), and CALIFORNIA INFRASTRUCTURE CONSULTANCY, INC., a California corporation (hereinafter "CONSULTANT").
RECITALS
\VHEREAS, TOWN and CONSULTANT previously entered into that certain Agreement for Consulting Services dated as of September 15, 2016 (the "Contract"). Capitalized terms used in this Amendment No. 1 shall have the meanings assigned to them in the Contract; and WHEREAS, the parties wish to modify the Contract as provided more particularly below.
AGREEMENT
NO'W THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, TOWN and CONSULTANT hereby agree as follows:
1. CONSULT ANT shall complete Phase II of the work for the Azalea A venue Bridge per the Contract and the maximum amount payable under the Contract shall be increased by $431,458 for a total not to exceed amount of$860,678.
2. Except as specifically modified herein, all of the other remaining provisions of the Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the day, month and year first above written.
TOWN OF FAIRFAX
ATTEST'.
)'.,v,· ;,4t:c. Ofr~ Michel~ Gardner, own Clerk
CONSULTANT
By:
Name: Nader Tamannaie, PE
Title: President