Cities Index.
Attachment 4 - A-3625 HDR Agreement

Manteca City Council
June 20, 2023

Document
Attachment 4 - A-3625 HDR Agreement
Meeting
June 20, 2023
Body
Manteca City Council
Original file
28.7 MB
Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

Agreement for Professional Services
By and between
City of Manteca
And
HDR Engineering, Inc.

For

ENVIRONMENTAL, RIGHT OF WAY ACQUISITION, AND

ENGINEERING SERVICES
THE SR120 / MCKINLEY A VENUE INTERCHANGE PROJECT
In the City of Manteca
San Joaquin County, California
ATTACHMENT 4

AGREEMENT FOR PROFESSIONAL SERVICES
1 This Agreement is made and entered into this l8 day of May, 2016, by and between the CITY OF MANTECA, a public body, corporate an politic (" City") and HDR, Inc., a professional corporation (" Consultant").

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.

C. City desires to retain Consultant to render the professional services set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the ENVIRONMENTAL, RIGHT OF WAY ACQUISITION, AND ENGINEERING SERVICES FOR THE SR120 / MCKINLEY AVENUE INTERCHANGE PROJECT described in the attached Attachment A that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant on September 25, 2015. Consultant shall provide these services at the time, place, and in the manner specified in Attachment A, subject to the direction of the City through its staffthat may be provided from time to time. Performance ofthe Scope of Services is sometimes referred to herein as " the Project."

2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.

Performance Period.

A. This contract shall go into effect on May 23, 2016, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City' s Contract Administrator. The contract shall end on May 23, 2018, unless extended by contract amendment.

B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.

4. Allowable Costs and Payments.

ATTACHMENT 4
A. The method of payment for this contract will be based on actual cost plus a fixed fee.

City will reimburse Consultant for actual costs ( including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant' s Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City' s approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph " H" shall not be exceeded, unless authorized by contract amendment.

B. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of One Hundred Thirty -Four Thousand Three Hundred Two & 51/ 100 Dollars ($ 134, 302. 51).

The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

D. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant' s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article 6 Termination.

F. No payment will be made prior to approval of any work, nor for any work performed prior to approval ofthis contract.

G. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City' s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions ofArticle 11 Equipment Purchase of this contract. The final invoice ATTACHMENT 4
should be submitted within 60 calendar days after completion of Consultant' s work.

Invoices shall be mailed to City' s Contract Administrator at the following address:

Greg Showerman
Deputy Director - Engineering
City of Manteca — Public Works Department
1001 West Center Street, Suite E
Manteca, CA 95337
H. The total amount payable by City including the fixed fee, shall not exceed Two Million Eight Hundred Four Thousand Five Hundred Forty & 16/ 100 Dollars ($ 2, 804,540. 16) for the Tasks identified in the Scope of Services.

I. Salary increases will be reimbursable ifthe new salary is within the salary range identified in the approved Cost Proposal and is approved by City' s Contract Administrator.

For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

J. All subcontracts in excess of $25, 000 shall contain the above provisions.

Extra Work.

At any time during the term ofthis Agreement, City may request that Consultant perform Extra Work. As used herein, the term " Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without the City' s prior written authorization.

6. Termination.

A. City reserves the right to terminate this contract upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice.

B. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City.

If City terminates this contract with Consultant, City shall pay Consultant the sum due to Consultant under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due Consultant under this contract and the balance, if any, shall be paid to Consultant upon demand.
4 ATTACHMENT 4
C. The maximum amount for which the City shall be liable ifthis contract is terminated is a prorated amount in proportion to the work performed by the Consultant in accordance with the Scope of Services and this Agreement.

7. 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 cost allowability of individual items.

B. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., are subject to repayment by Consultant to City.

D. All subcontracts in excess of $25, 000 shall contain the above provisions.

8. Retention of Records / Audit.

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546. 7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it' s certified public accountants ( CPA) work papers that are pertinent to the contract and indirect cost rates ( ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished ifrequested. Subcontracts in excess of 25, 000 shall contain this provision.

9. Audit Review Procedures.

A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City' s Chief Financial Officer.

B. Not later than 30 days after issuance ofthe final audit report, Consultant may request a review by City' s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

ATTACHMENT 4
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract.

D. Consultant and subconsultant contracts, including cost proposals and 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 CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant' s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA' s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City 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 City 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 CPA work papers, will be considered a breach of contract terms and cause for termination ofthe contract and disallowance of prior reimbursed costs.

The provisional ICR will apply to this contract and all other contracts executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

10. Subcontracting.

A. Nothing contained in this contract or otherwise, shall create any contractual relation between City and any subconsultant( s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant( s) 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 Consultant. Consultant' s obligation to pay its subconsultant( s) is an independent obligation from City' s obligation to make payments to the Consultant.

B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City' s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

C. Consultant shall pay its subconsultants within ten ( 10) calendar days from receipt of each payment made to Consultant by City.

D. Any subcontract in excess of $25, 000 entered into as a result ofthis contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

E. Any substitution of subconsultant( s) must be approved in writing by City' s Contract Administrator prior to the start of work by the subconsultant( s).

11. Equipment Purchase.

ATTACHMENT 4
A. Prior authorization in writing, by City' s Contract Administrator 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 City' s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this contract is subject to the following:

Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of 5, 000 or more. Ifthe purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or ifthe contract is terminated, Consultant may either keep the equipment and credit City 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 City procedures; and credit City 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 City and Consultant, ifit is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $ 5, 000 is credited to the project.

D. All subcontracts in excess $ 25, 000 shall contain the above provisions.

12. State Prevailing Wage Rates.

A. The State of California' s General Prevailing Wage Rates are not applicable to this contract.

13. Conflict of Interest.

A. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome ofthis contract, or any ensuing City 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 contract.

C. Any subcontract in excess of $25, 000 entered into as a result of this contract, shall contain all of the provisions of this Article.

D. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide 7 ATTACHMENT 4
construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control ofthe same persons through joint - ownership, or otherwise.

E. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

14. Rebates, Kickbacks or Other Unlawful Consideration.

Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

15. Prohibition of Ex pending Local Agency State or Federal Funds for Lobbying.

A. Consultant certifies to the best of his or her knowledge and belief that:

No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Forth- 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 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.

ATTACHMENT 4
C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed 100, 000 and that all such sub recipients shall certify and disclose accordingly.

16. Ownership of Documents; Confidentiality.

A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant' s expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City' s prior written consent, be used by Consultant for any purposes other than the performance ofthe services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City' s name or insignia, photographs relating to the Project for which Consultant' s services are rendered, or any publicity pertaining to the Consultant' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City' s prior written consent.

17. Independent Contractor_. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee ofthe City. Consultant shall obtain no rights to retirement or other benefits that accrue to City' s employees, and Consultant expressly waives any claim it may have to any such rights.

18. Professional Ability of Consultant.

A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant' s field of expertise.

ATTACHMENT 4
B. The primary provider ofthe services required by this Agreement shall be Carlton L.

Haack, P. E., Project Manager. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City' s prior written consent.

19. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.

20. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.

21. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect including any and all costs and expenses in connection therewith), arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant' s performance ofthis Agreement, or Consultant' s failure to comply with any of its obligations contained in this Agreement.

22. Insurance Requirements.

A. Job specific insurance requirements can be found on the attached Attachment B. Other insurance provisions can be found below:

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best' s rating of no less than A: VII and shall be endorsed with language substantially as follows:
1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf ofthe Consultant, including materials, parts, or equipment furnished in connection with such work.
2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self -insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. 3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability ofthe insuring company.
10 ATTACHMENT 4
4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents.
5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the City' s option, Consultant shall demonstrate financial capability for payment ofthose deductibles or self -insured retentions.

D. Certificates ofInsurance. Consultant shall provide to City certificates ofinsurance with original endorsements as evidence of the required insurance coverage. Certificates of insurance shall be filed with the City on or before commencement of performance ofthis Agreement. Current certification ofinsurance shall be kept on file with the City at all times during the term ofthis Agreement.

23. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

Ifto City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Greg Showerman, C.E., S. E.

If to Consultant: HDR Engineering, Inc.
2379 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833- 4240
Attention: Carlton L. Haack, P. E., Vice President

24. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
11 ATTACHMENT 4

25. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

26. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default ofthe same or any other provision under this Agreement.

27. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions ofthis Agreement shall continue in full force and effect.

28. Controlling Law-, Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall be brought in a state or federal court in the County of San Joaquin.

29. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out ofthis Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

30. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. Ifthe parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ ENDISPUTE (" JAMS") or its successor in interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. Ifthe dispute remains unresolved after mediation, either party may commence litigation.

31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.

32. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.

33. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.

Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall comply with all relevant provisions of City' s Minority Business 12 ATTACHMENT 4
Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or later enacted.

34. Precedence. In case of conflict between Consultant' s Proposal dated September 25, 2015 and this Agreement ( which includes Attachment A and Attachment B) this Agreement and its attachments shall take precedence over Consultant' s proposal.

TO EFFECTUATE THIS AGREEMENT, each ofthe parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF MANTECA,
a public body, corporate and politic
L
Name: tephen F. DeBrum
Title: Mayor
ATTEST:
ity erk
OVED AS TO ) ORM:

John Q. Brintod, City Attorney
5— 10 - ( 00
13 CONSULTANT:

HDR Engineering, Inc.
a professional corporation
By: ' 7
Name: Carlton L. Haack, P. E.

Title: Vice President
ATTACHMENT 4
Proposal
HDR Engineering, Inc.

For

ENVIRONMENTAL, RIGHT OF WAY ACQUISITION, AND

ENGINEERING SERVICES
THE SR120 / MCKINLEY AVENUE INTERCHANGE PROJECT
In the City of Manteca
San Joaquin County, California
ATTACHMENT 4
Local Assistance Procedures Manual Exhibit 10- H
Cost Proposal
EXHIBIT 10- H COST PROPOSAL ( EXAMPLE # 1) PAGE 1 OF 2

ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS

DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark- ups are Not Allowed
Consultant HDR Engineering, Inc. Contract No.

DIRECT LABOR
Date 1/ 12/ 2016
Classification/ Title Name Hours Actual Hourly Rate Total Project Manager Carl Haack 504 114. 20 57, 556. 80
Engineering Manager ( Design) Martha Dadala 1518 98. 56 149, 614. 08 Engineering Manager ( QC) Steve Hiatt 82 97. 86 8, 024. 52 Civil Engineer III Brian Stewart 48 73. 15 3, 511. 20
Civil Engineer III Mark Shippen 72 70. 62 5, 084. 64
Civil Engineer II Ingrid Supit 0 61. 92 0. 00
Civil Engineer II Sheena Patel 4 60. 00 240. 00
Civil Engineer II Vincent Fung 0 59. 60 0.00
Civil Engineer I Praveen Chilakapati 840 51. 93 43, 621. 20 Civil Engineer I Henry Luu 1290 49. 78 64, 216. 20
Civil Engineer I Chris O' Gara 260 45. 12 11, 731. 20
Civil EIT Keil Barnard 1592 26. 45 42, 108. 40
Civil EIT Paul Anderson 0 37.40 0. 00
Civil EIT Mohammad Mir 920 35. 57 32, 724. 40
Bridge Manager John Maniscalco 92 97. 86 9, 003. 12
Sr. Bridge Engineer. George Rowe 64 80. 34 5, 141. 76
Bridge Engineer I Kyle Sanford 400 42.60 17, 040. 00
Senior CAD Designer Morgan Siegel 96 50. 37 4,835. 52
CAD Technician Inna Kukanego 516 43. 86 22, 631. 76
Environmental Manager Cindy Adams 42 91. 24 3, 832. 08
Environmental Specialist Andrea Williams 128 53. 48 6, 845. 44 Environmental Planner Todd Wong 60 44.32 2, 659. 20
Public Relations Manager Kim Pallari 65 76. 23 4,954. 95 Public Involvement Specialist Heleana Galvan 134 47. 97 6, 427. 98 Visual / Graphic Designer Adrienne Moore 12 33. 45 401. 40 Project Controller Brad Helmer 128 43. 00 5, 504. 00
Project Coordinator Monica Mackey 196 29. 69 5, 819. 24 Administrative Support Tammy Tuern 108 28. 67 3, 096. 36

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases ( see page 2 for sample)

FRINGE BENEFITS
d) Fringe Benefits ( Rate: 0. 00% )

INDIRECT COSTS
f) Overhead ( Rate: 155. 49%
h) General and Administrative ( Rate: 0. 00%
FEE (Profit).
q) ( Rate: 10. 00%

OTHER DIRECT COSTS ( ODC)
516, 625. 45
9,040. 95
c) TOTAL DIRECT LABOR COSTS [( a) + ( b)] $ 525, 666. 40 e) Total Fringe Benefits
c) x ( d)] $ 0. 00
g) Overhead [( c) x ( f)] ° $ 817, 358. 68
i) Gen & Admin [( c) x ( h)] $ 0. 00
j) Total Indirect Costs [( e) + ( g) + ( i)] $ 817, 358. 68 k) TOTAL FIXED PROFIT [( c) + 0)] x ( q)] $ 134, 302, 51 LPP 15- 01 January 14, 2015
ATTACHMENT 4
Local Assistance Procedures Manual
Description Unit( s) Unit Cost Total
1) Travel/ Mileage Costs ( supported by consultant
actual costs) 10, 648 0. 54 5, 750. 00
m) Mailing 20 20. 00 400. 00
n) Printing, Permit Fees ( itemize), Plan sheets ( each), Test 28, 000. 00 B/ W 11x17 210, 833 0.09 18, 975. 00
BM 8 1/ 2x11 140, 556 0. 045 6, 325. 00
Plots-24"xW' 500 5. 400 2, 700. 00
Holes ( each), etc. 0.00 0. 00
o) Subconsultant Costs ( attach detailed cost proposal
in same format as prime consultant estimate for
each Subconsultant) 1 1, 293, 462. 58 1, 293, 462.58
p) Total Other Direct Costs [( 1) + ( m) + ( n) + ( o)] $ 1, 327, 212. 58 TOTAL COST [( c) + 0) + ( k) + ( p)] $ 2, 804, 540. 16, NOTES:

Employees subject to prevailing wage requirements to be marked with an *.

ODC items should be based on actual costs and supported by historical data and other documentation.

ODC items that would be considered " tools of the trade" are not reimbursable.

ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.

ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.

EXHIBIT 10- H COST PROPOSAL ( EXAMPLE # 1) PAGE 2 OF 2

ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM ( FIRM FIXED PRICE) CONTRACTS

SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant HDR Engineering, Inc. Contract No. Dated/ 12/ 2016

1. Calculate Average Hourly Rate for 1st year of the contract ( Direct Labor Subtotal divided by total42381 Direct Labor Subtotal Total Hours Avg Hourly 3 Year Contract per Cost Proposal per Cost Proposal Rate Duration
516, 625. 45 9171 = $ 56.33 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years ( Increase the Average Hourly Rate for a year by proposed escal Avg Hourly Rate Proposed Escalation
Year 1 $ 56. 33 + 3. 5% _ 58. 30 Year 2 Avg Hourly Rate Year 2 $ 58. 30 + 3. 5% _ 60. 34 Year 3 Avg Hourly Rate Year 3 $ 60. 34 + 3. 5% _ 62. 46 Year 4 Avg Hourly Rate Year 4 $ 62. 46 + 3. 5% _ 64. 64 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year ( Multiply estimate % each year by total hours) Estimated %
Completed Each Year
Year 1 50.00%
Year 2 50.00%
Year 3 0. 00%
Year 4 0. 00%
Total 100%
Total Hours
per Cost Proposal
9171. 0
9171'. 0
9171. 0
9171. 0
Total
Total Hours
per Year
4585. 5
4585. 5

0. 0

0. 0
9171. 0

4. Calculate Total Costs including Escalation ( Multiply Average Hourly Rate by the number of hour, Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Exhibit 10- H
LPP 15- 01 January 14, 2015
ATTACHMENT 4
Local Assistance Procedures Manual
Avg Hourly Rate Estimated hours
calculated above) ( calculated above)
Cost per Year
Year 1 $ 5633 * 4586 = $ 258, 312. 73 Estimated Hours Year 1 Year 2 ' $ 58. 30 ' * 4586 = $ 267, 353. 67 Estimated Hours Year 2 Year 3 $ 60. 34 * 0 = $ 0. 00 Estimated Hours Year 3
Year 4 $ 62. 46 * 0 = $ 0. 00 Estimated Hours Year 4
Total Direct Labor Cost with = $
525, 666. 40
Escalation
Direct Labor Subtotal before = $
516, 625. 45
Escalation
Estimated total of Direct Labor Salary
9, 040. 95 Transfer to Page 1
Increase
NOTES:

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. i.e. $ 250,000 x 2% x 5 yrs = $25, 000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Exhibit 10- H
LPP 15- 01 January 14, 2015
ATTACHMENT 4
ATTACHMENT "A"
Scope of Services
By and between
City of Manteca
And
HDR Engineering, Inc.

For

ENVIRONMENTAL, RIGHT OF WAY ACQUISITION, AND

ENGINEERING SERVICES
THE SR120 / MCKINLEY AVENUE INTERCHANGE PROJECT
In the City of Manteca
San Joaquin County, California
ATTACHMENT 4
THE SR120 / MCKINLEY AVENUE INTERCHANGE PROJECT

SCOPE OF SERVICES
INTRODUCTION:

To improve traffic circulation on State Route 120 ( SR- 120), reduce congestion, and accommodate planned growth, the City of Manteca ( City) proposes to construct a new interchange at the existing McKinley Avenue undercrossing and SR- 120. In November 2014, the Project Approval and Environmental Document ( PA& ED) phase was completed with the approval of the Project Report ( PR) and environmental document ( Initial Study/ Environmental Assessment and Mitigated Negative Declaration/ Finding of No Significant Impact). The preferred project alternative identified is a partial cloverleaf (Type L-9) interchange that includes on- and off -ramps, two new ramp bridges, auxiliary lanes on SR- 120, ramp metering and roadway improvements on McKinley Avenue including a Class 1 bike path.

The scope of services provided below includes an update to the traffic analysis performed in PANED, an Addendum to the Project Report documenting the updated traffic analysis and corresponding modifications to the preferred alternative, preparation of the Plans Specifications and Estimate ( PS& E) including bid documents and support, utility relocation coordination and acquisition of the right- of-way required for the project. For purposes of this scope of services it is assumed;
only the preferred alternative ( Type L-9) without the loop on -ramps and westbound auxiliary lane will be considered as part of the PR addendum and PS& E an environmental re- evaluation will not be necessary as part of the PR addendum and only an environmental revalidation will be performed as part of the preparation of the PS& E
TASK 1 - PROJECT MANAGEMENT ( WBS 100)
The following project management activities are planned for a 24-month period of performance for PS& E, Right of Way acquisition, and Bid Support activities. 100. 10 Project Management & Administration: activities performed under this sub -task will include monthly progress reports, contract administration and monthly billings the, Project Guide, and project records management. The project electronic and hard -copy records and folders will be established according Caltrans Uniform Filing System.

Deliverables: Project Guide, Monthly Progress Reports and Invoices, Copy ofProject Master Files to the City and Caltrans at completion ofthe project 100. 20 Coordination and Meetings: HDR will attend monthly Project Development Team PDT) meetings in Caltrans District 10 and conduct bi-weekly project conference calls with team members and the City Project Manager for the period of performance. This activity also includes preparation of meeting agendas and minutes, and the preparation of project exhibits and information for the meetings. Focus meetings with the appropriate Caltrans functional units will be utilized to resolve issues and achieve decisions on an as needed basis. The scope and effort for these meetings is accounted for in specific tasks as described below.

ATTACHMENT 4
Deliverables: Preparation of Meeting Materials ( handouts and exhibits), Agendas, Meeting Minutes and action items
100. 30 Project Control: this activity includes the planning, monitoring, updating and controlling of the project schedule and cost, as well as the development and updates to the Project Risk Management Plan ( RMP), and Communications Management Plan.

CPM Schedule: a detailed Microsoft Project schedule identifying the critical path items will be developed. Project work will be scheduled by task or activity on a critical path method (CPM) Gantt chart diagram to monitor and control progress of work. The schedule will show the beginning, ending, and duration of each work task or activity, and identify those activities that are on the critical path. The schedule will clearly show those tasks to be carried out by HDR; and also show those tasks to be performed by Caltrans and others. The CPM schedule will be updated every other month.

Risk Management Plan ( RMP): in coordination with the City and Caltrans, HDR will identify and document project delivery risks and develop corresponding risk responses, including mitigation plans. The RMP will be prepared in accordance with Caltrans' July 2012 Project Delivery Directive ( PD 09) on Project Risk Management. The RMP will be updated quarterly.

Project Submittal and Action Loy: HDR will develop a Project Action Log as a tool to identify and track deliverables to the City and Caltrans, as well as the outstanding and completed project delivery actions. The log shall include the description and status of the action or deliverable, the due date and completion date, and date of acceptance and/ or approval. The log will be updated on a monthly basis.

Communication Mana ement Plan: this plan will set the course for the internal and external communication program for the project. The plan will be an overview of how the project team and partner agencies engage and share information as well as how that information is translated to the broader stakeholders and general public for input and further involvement. The Plan will identify roles/responsibilities and communication protocols..

Deliverables: CPM schedule and bi-monthly updates, Risk Management Plan, Project Submittal and Action Log, Communication Management Plan
100. 40 Quality Control: HDR shall develop and maintain a project Quality Assurance / Quality Control (QA/QC) Plan which will be monitored periodically by the Project Manager and Quality Assurance Manager for adherence to the plan by the project team. The QA/ QC Plan will be submitted to City for review. HDR will follow the QA/ QC Plan and Procedures and conduct quality assurance review of reports, plans, estimates and design exhibits. Subconsultants will subscribe to the project specific QA/ QC Plan or have their own independent QA/ QC Plan reviewed and approved by HDR.

Deliverables: QA/ QC Plan, Quality Assurance Documentation 100. 50 Public Information Coordination: The communication and outreach program will compliment the technical work to provide timely opportunity to engage with impacted property owners and the larger traveling public to garner valuable feedback and understanding of their concerns. The program will capitalize on established communications mediums to share project information and also utilize more traditional means such as creation and distribution of project collateral materials, coordination with property owners and working closely with the local and regional media. The public information coordination task includes:

ATTACHMENT 4
Project Contact Database/ Comments Matrix - HDR will gather any available contact database for the earlier phases of work on the interchange. We will review, and augment with potential stakeholders and ensure the property owner database is updated. HDR will maintain this list throughout the course of the project. We will also develop and maintain a comments matrix that will highlight all input received and potential actions/ responses taken to ensure we are being responsive to the projects constituents.

Collateral Materials/ Presentation - HDR will develop up to three project related fact sheets that will distributed electronically as well as in person at meetings to interested parties. A meeting invitation will also be generated to mail to property owners for the targeted meeting. Lastly, a presentation will also be developed that will help to educate the public on the project details, timing, and potential impacts. The presentation can be used to meet with property owners or if requested to present at key organizational meetings. All materials will be reviewed by City Staff/Management before being disseminated to the public. Each project material and the presentation will carry the same look and feel to be recognizable to the stakeholders and public.

Stakeholder Coordination — HDR will engage directly with impacted property owners adjacent to the future . interchange. We will convene a property owner meeting to share information and garner initial feedback. This meeting will occur after the preferred alternative has been confirmed and we can bring the design to the property owners for discussion about impacts. .

Along with the property owner meeting, HDR will coordinate with key stakeholder organizations such as business and residential organizations to possibly present project related information to their membership at a regularly scheduled meeting. It is assumed the HDR will coordinate and attend up to 2 additional presentations.

As part of assisting the City in building awareness about the project and soliciting input regarding the future interchange, HDR will work closely with partner agencies and organizations to disperse information. Agencies like Caltrans, SJCOG, and SJ County will be tapped to utilize their communications forums such as social media and web to further disperse information to a broader audience.

Media Relations & Social Media Stu port - HDR will provide valuable content to the City Public Information Officer for the development of Press Releases to be distributed to media outlets. All media releases will be quality controlled by the City to ensure they follow their messaging and branding guidelines. It is assumed that up to two press releases will be distributed.

Public Involvement Program Summary — HDR will produce a final summary report that identifies all activities implemented to communicate to the public and impacted property owners.

The summary will include all materials produced and highlight all comments received during the public involvement program.

Deliverables: Contact Database/ Comments Matrix, Project Materials ( 3 Fact Sheets — in Caltrans District 10 format, I Invitation, 1 Presentation, 10 display boards), Property Owner Meeting Summary, Media Releases ( 2 Media Releases), Program Summary TASK 2 — PRELIMINARY ENGINEERING STUDIES AND PROJECT REPORT ( WBS 165, 180)
Focus Meetings: HDR will attend up to four ( 4) focus meetings with the appropriate Caltrans functional units to resolve issues and achieve decisions; two ( 2) for traffic analysis focus meetings and two (2) for focus meetings on the PR Addendum.

ATTACHMENT 4
160. 30. 15 — Obtain Right of Entries: HDR will prepare the necessary Caltrans permit applications and Right of Entry requests for all necessary field work ( surveys, environmental studies, geotechnical, etc.) in this phase of the work. 160.05. 10 — Data Collection: This task consists of collecting all existing relevant traffic, photogrammetric mapping, surveys, project delivery, and utility data and information from the City and Caltrans. A data collection log will be created to manage and track the collection efforts.

Deliverables: Data Collection Log
160. 10 — Engineering Studies: the following engineering studies will be updated to prepare and support the PR Addendum;
160. 10. 10, . 20 and 35 — Traffic Studies: Fehr & Peers will conduct the studies and prepare the necessary reports as described below.

Traffic Analysis Approach and Methodology Technical Memorandum: Fehr & Peers will prepare a technical memorandum summarizing the following for review and approval by the Project Team including Caltrans:

Study intersections
Study mainline and ramp locations
Study analysis periods
Future year analysis periods ( e. g. opening, intermediate and design year) Traffic operations analysis tool ( e. g. Synchro/ SimTraffic) Traffic forecasting modeling tool
Data Collection and Existing Conditions Analysis: Fehr & Peers will collect weekday AM 7: 00 — 9: 00 AM) and PM ( 4: 00 — 6: 00 PM) peak period turning movement counts at two ( 2) existing study locations on McKinley Avenue in addition to the adjacent ramp terminal intersections at Guthmiller Road / Yosemite Avenue (to the west) and Airport Way (to the east).

While the study locations are expected to be selected in consultation with the Project team it is expected that the following existing intersections will be included in the analysis:

1. Yosemite Avenue / McKinley Avenue;

2. Bronzan Road / McKinley Avenue;

3. Westbound SR 120 On/ Off Ramps / Guthmiller Road / Yosemite Avenue;

4. Eastbound SR 120 On/ Off Ramps / Guthmiller Road / Yosemite Avenue;

5. Westbound SR 120 On/ Off Ramps / Airport Way; and

6. Eastbound SR 120 On/ Off Ramps / Airport Way.

In addition to collecting intersection turning movement counts, Fehr & Peers will also obtain weekday AM and PM peak period count on SR 120 at the Airport Way overcrossing to analyze the following fourteen ( 14) freeway locations:

1. Eastbound SR 120 off -ramp diverge segment onto the Guthmiller Road / Yosemite Avenue off -ramp;

2. Eastbound SR 120 mainline segment between the Guthmiller Road / Yosemite Avenue off -ramp and the Guthmiller Road / Yosemite Avenue on -ramp; ATTACHMENT 4

3. Eastbound SR 120 on -ramp merge segment from the Guthmiller Road / Yosemite Avenue on -ramp;

4. Eastbound SR 120 mainline segment between the Guthmiller Road / Yosemite Avenue on -ramp and the Airport Way off -ramp;

5. Eastbound SR 120 off -ramp diverge segment onto the Airport Way off -ramp;

6. Eastbound SR 120 mainline segment between the Airport Way off -ramp and the Airport Way on -ramp;

7. Eastbound SR 120 on -ramp merge segment from the Airport Way on -ramp;

8. Westbound SR 120 off -ramp diverge segment onto the Airport Way off -ramp;

9. Westbound SR 120 mainline segment between the Airport Way off -ramp and the Airport Way on -ramp;

10. Westbound SR 120 on -ramp merge segment from the Airport Way on -ramp;

11. Westbound SR 120 mainline segment between the Airport Way on -ramp and the Guthmiller Road / Yosemite Avenue off -ramp;

12. Westbound SR 120 off -ramp diverge segment onto the Guthmiller Road / Yosemite Avenue off -ramp;

13. Westbound SR 120 mainline segment between the Guthmiller Road / Yosemite Avenue off -ramp and the Guthmiller Road / Yosemite Avenue on -ramp;

14. Westbound SR 120 on -ramp merge segment from the Guthmiller Road / Yosemite Avenue on -ramp;
Freeway Mainline and Ramp Junction Analysis: Freeway mainline, on -ramp merge section, off -ramp diverge section, and auxiliary lane analysis will be analyzed using methodologies consistent with the Highway Capacity Manual 2010 ( HCM 2010), Transportation Research Board, 2010, and contained in the Highway Capacity Software ( HCS). Ramp meter analysis will be completed using the 7% ramp meter storage calculation as required by Caltrans Headquarters Traffic Operations.

Intersection Analysis: Fehr & Peers will analyze the existing study intersections under AM and PM peak hour conditions using the Synchro/ SimTraffic 9. 0 software. The traffic simulation analysis will model the effects of vehicle queues on intersection capacity more accurately than the macroscopic equations provided by the Highway Capacity Manual ( HCM). Peak hour factors will be based on the traffic counts. Peak hour delay and level of service will be calculated for each intersection consistent with 2010 HCM analysis procedures.

The traffic simulation results will be based on a statistically valid set of multiple runs using different random value seeds according to Caltrans' Guidelines for Applying Traffic Microsimulation Modeling Software. The Synchro models will be converted to micro - simulation ( SimTraffic) to determine existing intersection delay, level of service and 95th percentile queues.

Collision Analysis: Fehr & Peers will prepare a collision summary on SR 120 between the SR 120 / Airport Way interchange to the east and the SR 120 / Guthmiller Road / Yosemite Avenue interchange to the west based on Caltrans TASAS data for the most recent available three- year period. The results will be summarized by collision type in tabular form and compared to statewide averages for similar facilities.

ATTACHMENT 4
Develop Traffic Forecasts: The current version of the San Joaquin Council of Governments SJCOG) Travel Demand Forecasting Model will be used to determine future year peak hour forecasts for the study locations. Prior to developing future year forecasts a focused base year model validation exercise will be undertaken in the study area. Under this task the existing land use and roadway network within the study area in the base year model will be checked for accuracy and modified as necessary to best reflect current conditions. The base year model will then be executed and the model volumes will be compared against the traffic counts collected in Task 2 to confirm that model satisfies Caltrans validation criteria within the study area.

Modifications made to the base year model will be carried forward to the future year SJCOG Model. The SJCOG MIP / SCS Model will be used to develop Opening Year, Intermediate Year and Design Year peak hour and daily forecasts for No Build and the Partial Cloverleaf ( Type L9) without loop on -ramps.

Future land use and roadway network assumptions for the study area will be consistent with the City of Manteca General Plan, San Joaquin County General Plan and the SJCOG Regional Transportation Plan. Special attention will be paid to the future development and roadway network assumptions surrounding the proposed interchange to ensure that the new interchange is sized appropriately. In addition to traffic forecasts, the SJCOG SCS Model will be used to determine the regional implications of the project by examining additional measures of effectiveness ( MOEs) such as vehicle miles of travel ( VMT) and vehicle hours of delay ( VHD) with and without the Project.

Traffic Forecasting Memorandum: Fehr & Peers will submit a technical memorandum summarizing the traffic forecasts for review by the Project PDT. We will respond to one round of review and written comments and prepare a Final Traffic Forecasting Memorandum. Once approved, Fehr & Peers will proceed with the technical evaluation of the project.

Opening Year, Intermediate Year and Design Year Intersection and Freeway Operations Analysis: The traffic forecasts developed in Task 3. 1 will be used to update the existing HCS analysis models ( AM and PM peak period) for up to two project alternatives plus No Project conditions. Similar to existing conditions freeway density and level of service will be presented for each study mainline section.

The traffic forecasts developed in Task 3. 1 will also be used to update the existing Synchro/ SimTraffic traffic analysis models ( AM and PM peak hour) for up to two project alternatives in addition to No Project conditions for the opening, intermediate and design year scenarios. Similar to existing conditions freeway density and level of service will be presented for each study mainline section.

Fehr & Peers will compare the results of the scenarios to assist the PDT evaluate the benefits and justification for the project. Results will include average delay, level of service, and estimated 95th percentile queue lengths for each study intersection. The results will also help identify the necessary traffic control and intersection geometrics at the SR 120 / McKinley Avenue interchanges that will be necessary to serve the anticipated growth in the area.

It is assumed that ramp metering will be a design feature at the SR 120 / McKinley Avenue interchange. For each of the Project Alternatives, the required ramp metering storage will be calculated using the following formula:

ATTACHMENT 4
Desired Ramp Metering Storage = 0. 07 * Design Year Peak Hour Volume Traffic Operations Report: Fehr & Peers will prepare the Traffic Operations Report ( TOR) summarizing the results and findings for the three ( 3) project alternatives. We will submit an Administrative Draft TOR to the consultant team for one round of review and written comments.

Fehr & Peers has budgeted up to 8 hours to respond to written comments and prepare the Draft Traffic Operations Report for submittal to Caltrans. After we address the first round of comments, we will prepare the Draft TOR to submit to Caltrans and other PDT members for one round of review and written comments. Fehr & Peers has budgeted up to 16 hours to respond to Caltrans comments and prepare the Final Traffic Operations Report. We will submit the Final TOR in both hard copy and electronic format. It is anticipated that the TOR will be incorporated into the Project Approval Report and Environmental Document by others.

Note that for both the Administrative Draft Report and Draft Report the number of hours budgeted to respond to comments is sufficient to address editorial comments ( e. g. edits to text, edits to figures and tables, etc.). Redo of the traffic analysis as a result of any design changes or the addition of project alternatives is not included in the budget.

Project Meetings: Fehr & Peers will attend up to six ( 6) in person meetings ( PDT, focused technical meetings, etc.) as directed by the consultant team.

Deliverables: Memorandum of Opening Year, Intermediate Year and Design Year traffic volumes, Traffic Analysis Approach and Methodology Memorandum, Existing Conditions Report, Traffic Forecasting Report, Traffic Operations Analysis Report 160. 10. 15 / 160. 15. 20 — Geometric Plans: Consistent with Caltrans procedures, HDR will update geometric plans of the assumed preferred alternative described above. As needed, HDR will meet and confer with Caltrans District 10 Design as part of the Focus Meetings described above to present and discuss the proposed geometric features so that consensus can be achieved in advance ofpreparing draft and final GADs.

Using digital mapping HDR will prepare Draft and Final GADS at 1" = 100' strip maps for the preferred alternative. It is assumed that no new nonstandard features will be required for the City preferred alternative which is Partial Cloverleaf (Type L-9) without the loop on -ramps.

Deliverables: Draft and Final GADS
160. 10. 40 — Right of Way Data Sheet: The Right of Way Data sheet ( RWDS) and requirements for the existing alternative in the PR will be validated under this task. It is assumed that the City preferred alternative will not require any additional right of way. It is assumed the City's goal is to reserve the right of way required for the Partial Cloverleaf interchange that was approved in PA& ED.

Deliverables: Right of Way Data Sheet
160. 15 —Project Report Addendum:
160. 15. 10 — Cost Estimates: HDR will prepare the Caltrans standard ` 6- page' format cost estimate for the preferred alternative to be included in the supplemental PR.

Deliverables: Cost Estimates
160. 15.20 —Project Report Addendum: HDR will prepare an addendum to the approved Project Report ( PR). According to Section 6 of Chapter 12 of the Project Development ATTACHMENT 4
Procedures Manual " Changes to the Approved Projects", a supplemental PR is not required if a currently programmed project has been identified as a stage of a previously approved project and is consistent with the ultimate concept of the original project. Staging of the loop on -ramps was discussed in the approved Project Report. This addendum is needed to document and gain approval of the changes in project concept and scope proposed after project approval ( PA& ED).

The document will discuss the proposed project alternative, purpose and need and provide an overview of impacts. Summary of the results of traffic and engineering studies for the build alternatives and the proposed scope, schedule and cost changes to the project will be defined and documented in the PR Addendum. New or revised environmental impacts for the City preferred alternative are not anticipated and it is assumed that none of the technical studies and the environmental document will be required to be updated. The change of scope and cost reduction to eliminate the loop on -ramps will be documented in the PR Addendum.

Deliverables: Draft and Final Project Report Addendum
180 — Prepare and Approve PR Addendum: HDR will review and respond to all comments from Caltrans and the City on the Draft PR Addendum. HDR will prepare the final PR Addendum which will document the engineering rationale of the preferred alternative. The SPR Addendum will include the construction and right of way costs of the preferred alternative compared to those projected in the approved Project Report dated November 2014.

The final PR Addendum will be routed for review and approval by Caltrans, which will document Caltrans' approval of the build alternative for the interchange.

Deliverables: Approved Project Report Addendum
TASK 3 — PREPARE BASE MAPS AND PLAN SHEETS FOR PS& E DEVELOPMENT WBS 185
Focus Meetings: HDR will attend up to two ( 2) focus meetings with the appropriate Caltrans functional units to resolve issues and achieve decisions; one each for surveys, hydraulics and geotechnical.
185. 10 — Mapping and Surveys: this task includes the work to be performed for Control Surveys ( 185. 10. 50), Mapping ( 185. 10. 55), and Engineering Surveys ( 185. 10. 60). NV5 will perform the necessary ground surveys to supplement existing project and aerial mapping required to complete the design. These surveys will include establishing supplemental horizontal and vertical control; locating existing visible features such as trees, fences, lighting, striping, berms, curbs, sidewalks, utility vaults, manholes, drainage structures, and ditches in areas of proposed construction; and invert elevations for storm and sanitary sewer manholes. Along SR120 conform elevations, fog lines, and lane lines will be surveyed ( where necessary) as well as walls, fences, and other features. Noted features will be located by NV5 using surveying technology such as GPS, digital levels, and Total Stations. When appropriate, NV5 will also utilize reflector -less instruments and high definition scanning ( HDS) to maintain safety of field staff and the general public. NV5 will be responsible for obtaining any right of entry permits for field survey work.
185. 20 — ENGINEERING REPORTS: the following engineering reports will be developed for the project PS& E.

ATTACHMENT 4
185. 20. 10 — Hydraulics and Hydrology: WRECO will be responsible for the Drainage Report, Storm Water Data Report, and Drainage Plans, Specifications, and Estimates for PS& E.

Drainage Design: WRECO will prepare the Drainage Plans/ Profiles and Detail sheets, including treatment best management practices ( BMPs), and prepare the specifications and cost estimate for the 65% PS& E submittal. The design efforts will be coordinated with other design disciplines of the Project Team.

Drainage Report: WRECO will perform hydrologic and hydraulic studies to analyze on -site and off -site stormwater flows for each of the Project build alternatives. We will review the available data and prepare design calculations to assess the capacity of the existing drainage systems.

WRECO will prepare the Drainage Report, which will include design calculations to assess the need for any drainage and stormwater treatment BMP improvements. The results and design recommendations will be summarized in the Drainage Report. The report is expected to include; evaluation of existing conditions, unusual and special conditions, drainage mapping, hydraulic analysis, proposed systems.

Storm Water Data Report: WRECO will identify requirements for hydraulic and stormwater treatment design features as part of this task. Results of this study will be considered and utilized in the Project design. WRECO will prepare a Storm Water Data Report summarizing the Project impacts to water quality, general minimization measures, and recommended BMPs. Our study will address only the impacts from the roadway improvements, and we will utilize Caltrans standard checklists. WRECO will propose conceptual minimization measures that meet the criteria set by the Regional Water Quality Control Board and Caltrans NPDES Permit.

Additionally, WRECO will address the need for erosion control measures.

Based on WRECO' s research, the Project is not required to consider Caltrans hydromodification management requirements because the Project completed the Project Initiation Document (PID) phase prior to July 2013. If the requirements were considered, then the Project would be exempt because there are no stream crossings within the limits of the Project.

For work within the City' s right- of-way, hydromodification management would be required as part of the Phase 2 MS4 Permit. Hydromodification management would likely be achieved through the use ofthe proposed 12 retention basins.

WRECO will update the Drainage Design, Drainage Report and SWDR and treatment BMPs reports for the 65%, 95%, and Final PS& E submittal after receiving comments from the City, Caltrans, and Project Team and any changes to the Project design.

Deliverables: 65%. 95% and Final SWDR, Drainage Report, and Drainage Design 185. 20. 15 / 185. 20. 25 — Geotechnical Design and Materials Report: Parikh Consultants will prepare a combined Geotechnical Design and Materials Report ( GDMR) for the roadway, embankment, overhead sign structures, and pavement. The major activities of this task include:

Research and Data Collection, Permits and USA Clearances, Field Exploration, Laboratory Testing, Soils Analysis/Evaluation, and the preparation of the Draft and Final GDMR. Detail scope for preparing this report is as follows:

Research and Data Collection: Review of additional available geologic and soil literature in the vicinity of the site including review of any as -built drawings and existing Log of Test Borings LOTB).

ATTACHMENT 4
Permits/ USA Clearances: We will comply with local permit requirements. We assume that a Caltrans encroachment permit will be provided by the Agency/ Caltrans. We will field locate the borings and call for USA clearance. Access permission to private properties will be provided by others.

Field Exploration: The boring program is provided in the table below.

Project Element Number of
Borings
Approximate
Depths
Pavement 10 5- 10'
Embankments 4 30'- 40'
Overhead sign structures 4 30'
In addition, the borings for the proposed tie back walls will be used for this study. These explorations will provide an evaluation of subsurface conditions for the proposed roadway portion of the project. The boring locations will depend upon the available access and any boring data from previous studies. We anticipate using a truck mounted auger drill rig ( or mud -rotary drill rig if needed) for our work. Some traffic control is assumed at this time in areas where necessary.

Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain " relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and capped in accordance with the permit requirements. Generally the borings are required to be backfilled with cement grout.

Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, unconfined compression, consolidation, gradation analyses, R-value tests, corrosion tests and Plasticity Index test, as necessary.

Soils Analysis/ Evaluation: Perform engineering analyses and develop design recommendations for the overhead sign structures, embankments, and pavement design. Slope stability and settlement evaluation of proposed embankments will also be considered as appropriate.

Prepare Draft Geotechnical Design and Materials Report: Prepare preliminary recommendations for pipe culverts, embankments, overhead sign structures and pavement design.

Prepare Final Geotechnical Design and Materials Report: Prepare detail report including design recommendations for embankment foundation, sound walls, overhead sign structures and embankments and pavement sections. Also specified in the report will be information on recommended slopes, groundwater conditions, corrosion evaluations, etc.

Deliverables: Draft and Final GDMR
185.20.35 — Traffic Management Plan:

HDR will develop the Transportation Management Plan (TMP) checklists and lane closure charts to reflect the approved design elements and construction activities. The TMP will discuss all the project' s staging activities, traffic handling concepts and other impacts to the public. The report will identify mitigation and public outreach options to be implemented prior to and during the ATTACHMENT 4
construction phase. The report will also identify budget and costs for these activities. HDR will submit the TMP to the City and to Caltrans for approval by Caltrans. HDR will coordinate comments and input from Caltrans and City' s Project Manager to make sure the TMP covers the combined traffic impacts and plans to mitigate those impacts.

Deliverables: Draft and Final Traffic Management Plan Checklists and Lane Closure Charts 235. 10 — Site Investigation for Hazardous Waste: This task includes site investigation of the project site including the 28 private parcels. Approximately 110 borings to 1- foot below ground surface to collect soil samples, testing and reporting for all the 28 right of way parcels is included in this task. The 28 composite soil samples will be tested for CAM 17 metals, pesticides, herbicides, TPHd/ mo and TPHg/ BTEX. The results of the laboratory tests will be compiled and Private Property Site Investigation Reports and Hazardous Material Disclosure Documents HMDDs) will be prepared for each ofthe 28 parcels.

Deliverables: Draft and Final Private Property Site Investigation Reports and Caltrans HMDD forms
TASK 4 — PREPARE DRAFT PS& E ( WBS 230, 240)
230. 10 — 65% PS& E: This task includes preparation of 65% plans, specifications and cost estimate for the project preferred alternative. The 65% plans will identify proposed placement of project elements, but will not include complete detail for construction. To support the development of plans, specifications, and estimate, HDR will prepare and submit a Caltrans Encroachment Permit Application Checklist. This checklist will be submitted to Caltrans for approval in order to establish an understanding of the documentation that will be required for executing an encroachment permit. As part of this task HDR will prepare:

Draft construction schedule reflecting the anticipated timeline for construction starting from the Ready -to -List date;
Specifications and will follow the Caltrans' specification process, including formatting notation. Draft specifications, edited where possible, will be submitted for Caltrans review;
Cost Estimate in Caltrans BEES format and will coordinate with Caltrans to facilitate the Cost Estimate Certification process.

Storm Water Data Report ( SWDR) including the proposed construction, treatment, design pollution prevention and maintenance BMPS checklists.

Deliverables: Caltrans Encroachment Permit Application Checklist, 65% Plan Sheets, Draft Construction Schedule, 65% Special Specification Provisions ( Edited Set), 65% Estimate (BEES Format) and Draft Storm Water Data Report, printed copies of the 65% PS& E submittal is limited to 20 copies
230. 15 — 95% PS& E: This task includes incorporation of agreed upon comments from the 65% PS& E reviews from Caltrans and other agency reviewers. HDR will provide a PS& E package that will contain a level of detail sufficient to submit the Encroachment Permit Application at this stage, as well as the Cost Estimate Certification. We will actively engage the Caltrans reviewers prior to the 95% submittal to ensure no outstanding issues are left unresolved. At this stage the project development will be progressed to allow for validation of the environmental ATTACHMENT 4
impact areas and any required supplemental design exceptions ( if any) resulting from changes in the design from the PA/El) phase.

Deliverables: 95% Plan Sheets for Encroachment Permit Approval, 95% Construction Schedule, 95% Special Provisions, 95% Estimate ( BEES Format), Engineering Reports, Final Cost Estimate Certification ( Caltrans Format), printed copies of the 65% PS& E submittal is limited to 20 copies
240 — DRAFT STRUCTURES PS& E
240. 55 — Foundation Report: Parikh Consultants will prepare foundation reports and log of test borings for the bridge structures. Following is a task breakdown for the proposed work.

Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of the site including review of any as -built drawings and existing LOTB, if any.

Permits/ USA Clearances: We will comply with the Caltrans Permit requirements.

Field Exploration: For the two tieback walls, we will drill borings 50' in depth. These explorations will provide an evaluation of subsurface conditions for the proposed structure.

Project Element Number of
Borings/ CPT
Approximate
Depths
McKinley Avenue tie back walls 2 50'
The boring locations will depend upon the available access and the boring data from previous studies. We anticipate using a truck mounted drill rig for our work. Traffic control is not anticipated at this time. Work will be performed during 9am to 3pm window and off the shoulder area.

Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain " relatively undisturbed" and bulk samples of substrata from test borings.

The borings will be drilled and capped in accordance with the permit requirements.

Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, consolidation tests, unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary.

Soils Analysis/Evaluation: Parikh will perform engineering analyses and develop design recommendations for the proposed tie back wall design. We expect LRFD design requirements for the loading conditions from the mainline bridge structure.

Prepare Draft Foundation Memos ( Type Selection Letter): Prepare preliminary recommendations for tie back wall foundations and provide a Type Selection Memo with the LOTB.

Prepare Final Foundation Report: Prepare detail report including design recommendations for foundation types and footing elevations lateral design capacities, pile foundation recommendations or spread footings for the tie -back wall system. The report will discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil conditions from this standpoint. Information related to Caltrans Seismic design criteria ( SDC v

1. 7) such as depth to rock like material, etc. shall be provided. Information related to the recently ATTACHMENT 4
revised Seismic design guidelines ( 2010) and the ARS curves will be provided. Using the general plan as a base map, the boring logs will be provided.

Deliverables: Foundation Memo, Foundation Report
240. 10 — 65% Structures PS& E: This task includes the preparation, submittal and coordination with Caltrans District and HQ staff for the 65% PS& E submittal for the tie -back walls. HDR will meet with Caltrans HQ Structures staffto discuss preliminary design concepts. The meeting will occur before the 65% structures submittal to HQ. HDR will submit 65% structure plans that will include draft structure details. We will follow Caltrans' Office of Specially Funded Projects OSFP) Information and Procedures Guide for submittals to HQ Structures.

Deliverables: 65% Structures Plans
240. 15 — 95% Structures PS& E: This task includes incorporation of agreed upon comments from the 65% Structure PS& E reviews from Caltrans. HDR will actively engage the Caltrans reviewers prior to the 95% submittal to ensure no outstanding issues are left unresolved. We will submit 95% structure plans and details. Required specifications and design calculations will be included for this submittal. We will follow Caltrans' OSFP Information and Procedures Guide for submittals to HQ Structures.

Deliverables: 95% PS& E Submittals (Plans, Details, Specs and Calculations) 65% and 95% Comment Response and Resolution: Following circulation of the 65% and 95% PS& E submittals ( District and Structures), HDR will compile all comments and put into a comment response matrix format with written response to the comments. Comment responses will indicate one of the three intended actions: ( 1) agree and shall address the comment as a change in the document, ( 2) further discussion or clarification with Caltrans is needed to resolve, or (3) the comment shall not be addressed as it is no longer relevant, along with explanation.

Deliverables: 65% Review Comment/ Response Tracking Matrix (All agencies combined), 95% Review Comment/ Response Tracking Matrix ( All agencies combined), Meeting Minutes for the Team Coordination and Resolution Meetings
TASK 5 — UTILITY RELOCATIONS ( 2001, RIGHT OF WAY ENGINEERING ( 220), AND RIGHT OF WAY ACQUISITION 255
Focus Meetings: HDR will attend up to four (4) focus meetings with the appropriate Caltrans functional units, property owners, and / or utility companies to resolve issues and achieve decisions
200 — UTILITY RELOCATIONS: Drake Haglan & Associates ( DHA) will provide utility coordination for the SR 120/McKinley Avenue Interchange project that complies with FHWA rules and regulations under the Code of the Federal Regulations ( CFR) governing utility relocations on Federal -Aid projects as described in Chapter 13 " Utility Relocations' of the Caltrans Right of Way Manual and Chapter 14 " Utility Relocations" of the Caltrans Local Assistance Manual.

Verification Letters and Tracking: This work will include obtaining an initial contact list from the City of utility owners in the area. Based on the initial contacts list and phone call verification, letters to request information from utility owners will be prepared. These letters will be printed on City letterhead to be sent out to owners. Existing utility mapping will be prepared to be ATTACHMENT 4
distributed to the affected utilities with the letters to request information and begin identifying conflicts. Anticipated utility owners are PG& E, Comcast, AT& T, Verizon, and City of Manteca.

A response matrix/ tracking spreadsheet will be developed and updated as a summary of the information received from the utility owners. In addition, notes are added to the spreadsheet such as information gathered during phone conversations, email correspondence, or meetings with the utility owners. Follow up phone calls to utility owners will be made after sending out utility letters.

A utility relocation binder will be prepared and kept up to date as the project progresses. It will include contacts, response matrix, relocation plans and cost estimates from owners, liability responses, notice to owners ( NTO), report of investigation ( ROI), utility agreements and specific authorizations.

Meetings: Meetings (up to 6) with individual utility owners will be held, preferably in the field, to coordinate conflicts and relocation requirements. Up to two meetings with Caltrans will be held to coordinate utility submittals and certification.

Conflict Resolution & Liability Determination: Based on information received from utility owners and proposed improvements, conflicts will be identified and letters will be prepared identifying the conflict and sent to the utility owners to request conflict resolution. These letters will be printed on City letterhead to be sent out to owners. The objective of this request is for utility owners to prepare relocation plans and cost estimates, and determine liability.

Notice to Owners & Agreements: A draft report of investigation ( ROI), notice to owner ( NTO) and utility agreement will be prepared for each utility. The ROI package will be submitted to the District Utility Coordinator for review and approval. After the ROI is approved, a letter will be prepared to transmit the utility agreements and NTO to utility owners. The transmittal letters will be printed on City letterhead to be sent out by the City.

Utility Plans: Based on information received by the utility owners and initial field surveys, preliminary utility plans of the existing facilities will be prepared. After the potholing is complete, the utility plans will be updated to include the pothole information. Utility plans will be updated to be included in 65%, 95%, and Final PS& E submittals. The preparation of relocation plans and cost estimates is not included in this scope of work. Relocation plans and cost estimates prepared by utility owners or others will be reviewed and comments will be provided to design team. Relocation plans prepared by others will be added to the utility plan submittals.

Documentation will be provided to the design team for the resident engineer pending file. Input will be provided to right-of-way data sheet utility section.

Positive Identification of Utilities: To avoid conflicts between the existing utilities and the proposed improvements, DHA will coordinate with the design team to prepare a pothole request that covers the geometric footprint. EXARO will conduct potholing of the existing facilities ( up to 15) and provide a summary of the pothole results. Potholes will be backfilled with native material compacted to 95% or greater and patch paving is warranted for 1 year. Pothole depths not to exceed 5 feet unless specified otherwise. Traffic control ifrequired will be consistent with Caltrans guidelines.

Deliverables: Letters to request information from utility owners, Utility conflict mapping to be distributed to the affected utilities ( 1 "= 50 ), Utility response matrix/ tracking spreadsheet, Utility ATTACHMENT 4
relocation binder, Utility plans ( I "=50 ), Letters to Request Conflict Resolution and Liability Determination, Relocation plan review comments, ROI, NTO and Utility Agreements, Meeting notes, Documentation for the resident engineer pendingfile 201— MANTECA WASTEWATER QUALITY CONTROL FACILITY OUTFALL RELOCATION:

A segment of the 36- inch Manteca Wastewater Quality Control Facility outfall pipeline is within the footprint of the proposed interchange improvements. Relocation or protection of the outfall may be required to accommodate final grading and paving associated with road construction. If relocation/ protection is considered necessary, NV5 will accomplish the following:

Confirmation of horizontal and vertical location ofthe outfall through potholing.

Participation in meetings with City staff to determine feasible options for outfall relocation/protection along with the required construction sequencing. Three meetings with City staff are anticipated. The results of each meeting will be documented in meeting minutes for subsequent distribution to the project delivery team.

Preparation of a preliminary design report ( PDR) identifying and evaluating options for outfall relocation/ protection. Options may include construction of the pipeline in a new alignment, lowering of the pipeline within its existing alignment, or construction of protective features to safeguard the integrity of the existing pipeline. The evaluation of options will consider probable construction costs, operational impacts, schedule, and risk.

The results of the evaluation will be provided in a draft PDR submitted to the City for review. A workshop will be held with City staff to discuss the options and any comments the City may provide. Input from the City will be subsequently incorporated into a final PDR.

Development of engineering drawings and technical specifications describing the proposed outfall relocation/protection. A total of five engineering drawings are assumed consisting of three plan and profile drawings, one construction sequencing plan, and one detail plan. Technical specifications will address pipe materials, installation requirements, and testing. Plans and technical specifications will be submitted to the City for review at the 65%, 95%, and 100% completion stages. Annotated City review comments will be returned with each subsequent submittal.

Deliverables: Meeting minutes, Preliminary Design Report, Relocation/ Protection Plans, Specifications, and Estimate.
220 — PERFORM RIGHT OF WAY ENGINEERING
220. 05 — Existing Land Net Surveys: NV5 will prepare a search map for recovery of existing property corners, street monumentation, subdivision section corners, and right of way monumentation shown on subdivision maps, BLM documents, and Caltrans Monumentation Maps. NV5 will perform field surveys and tie found monumentation per the search map to the primary control network to assist in the preparation of the existing conditions right of way and preliminary hardcopy map.

Based on monumentation recovered, NV5 will perform an analysis to determine the location and configuration of the existing freeway and project street right of ways. NV5 will prepare a pre - construction Record of Survey to document existing recorded boundary monumentation located ATTACHMENT 4
and recovered during the field surveys, which will include locations of monuments that are anticipated to be destroyed during construction of the project. NV5 will submit and process the pre -construction Record of Survey through the San Joaquin County Surveyor' s Office.

Deliverables: Record ofSurvey
220. 10 — Right of Way Hard Copy Mapping: Based on a resolved boundary and approved geometrics, NV5 will prepare a Right of Way Hardcopy Map for review and submittal.

NV5 will also prepare the Right of Way Record Map under this task, as outlined in Chapter 4 of the Plans Preparation Manual, that will reflect changes in the State right of way, modifications of controlled access, and delineate the present and current status of all real properties including interest in real properties under the jurisdiction and control of Caltrans. This includes operating right of way ( fee, easements, etc.), excess lands, access rights, or other interests.

Deliverables: Hardcopy Map, Right of Way Record Map
220. 15 — Right of Way Appraisal Maps: NV5 will assist BRI with the appraisal process by preparing Appraisal Maps in accordance with the Caltrans Right of May Manual. Appraisal Maps will be based upon the final approved geometrics. In addition, NV5 will prepare and submit a title report analysis package to Caltrans and obtain Caltrans Parcel Identification Numbers for the affected parcels ( maximum of 28 parcels). We will prepare a draft Appraisal Map package in accordance with the Caltrans Right of Way manual and submit the package to Caltrans for review and comment. Upon receipt of comments, NV5 will revise and submit the final Appraisal Maps to be consolidated with updated preliminary title reports.

Deliverables: Draft and Final Right of Way Appraisal Map 220. 20 — Acquisition Documents: NV5 will review title report legal descriptions and easement exceptions of up to 28 parcels for correctness and coordinate revisions required with the City and title company. NV5 will prepare a title report analysis in accordance with the Caltrans Right of Way Manual.

NV5 will prepare one permanent right of way acquisition package for the affected parcels maximum of 28) identified in the Appraisal Map. Each permanent right of way acquisition package will consist of a legal description ( metes and bounds or strip format as appropriate), plat, closure report, and the appropriate transfer deed. NV5 will prepare a Plat and Legal Description for each identified Temporary Construction Easement ( maximum of three) accompanied by a closure report.

Deliverables: Up to 28 Right of Way Acquisition Packages 255. 60 — Right of Way Appraisals: BRI will order the Preliminary Title Reports for the 25 parcels ( does not include the City owned parcels). BRI will develop complete appraisals that will state the estimated fair market value of the fee simple interest and easement interest in the affected property. The appraisal report will be prepared in conformance with and subject to the requirements ofthe Code of Professional Ethics and the Standards of Professional Practice ofthe Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice ( USPAP) of the Appraisal Foundation.

Per Federal and State regulations ( Uniform Act), a qualified reviewing appraiser shall examine all appraisals to assure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary correction or revisions. In addition, the review appraiser shall ATTACHMENT 4
certify that the opinion of fair market value is reasonably supported by an acceptable appraisal.

The independent reviewer will ensure the appraisals meet all Federal and State regulations. BRI will engage the independent appraisal review services of Tim Landes, General Certified Real Estate Appraiser, of Sierra West Valuation, Inc. Mr. Landes will review each draft appraisal from BRI, work with the BRI appraiser regarding comments, and provide a Review Certificate upon completion.

Deliverables: Up to 25 Preliminary Title Reports, Up to 28 appraisal reports and appraisal review certificates.
225. 65 — Right of Way Acquisition:

Upon completion of the appraisal, the BRI team will work with the City of Manteca to determine just compensation for each parcel. For the 25 non -City owned parcels, BRI will develop all necessary contracts,. conveyance documents and escrow instructions necessary to make offers based on client' s process. BRI' s acquisition agents will meet with the owners and convey acquisition documents until acceptance or impasse is reached.

Steps within the acquisition process are outlined below:

1. Preparation of right- of-way contracts, deeds and other acquisition documents.

2. Meet with the property owner(s) to discuss the project in general; review ofmaps and legal descriptions; confirm information about occupants/ owners and make the official First Written Offer to owner. Acquire tenant consent if required.

3. Acquisition activities are generally based on settlement by the third contact and spending up to eight hours working on the parcel acquisition. Advising and making recommendations to client if impasse has been reached. Responding to property owner inquiries verbally and in writing within two business days.

4. Deliver signed right- of-way contract and signed and acknowledged grant deed for closed transactions.

5. Final report, including transfer of all pertinent correspondence and files, to client.

The scope of services and fees are based on the assumption that each owner is a willing participant in the acquisition process. If impasse is reached and eminent domain proceedings must occur, BRI will provide a change order for the additional scope of work and accompanying fees.

For the three ( 3) parcels owned by the City, BRI will provide coordination services with Caltrans to transfer the parcels. BRI will assist with the City Council Resolution and the Transfer Agreement required to complete the transaction.

Deliverables: 25 negotiations with property owners to acquire right ofway, I negotiation between the City and Caltrans to transfer rights for 3 City -Owned parcels 225. 70 — Right of Way Relocation Assistance: The current design of the project will require the relocation of 18 households and one business, a veterinary office. BRI' s team of relocation specialists will work closely with the displaced business and each household to understand their specific needs, and will strive to relocate them to a like kind property that meets these needs.

Our agents are fully versed in the relocation steps outlined in the Uniform Act and the decent, safe and sanitary requirements of the Act. All relocations meet the stringent State and Federal Uniform Act requirements while maintaining a schedule that will enable the launch of ATTACHMENT 4
construction as planned. Our relocation staff has experience developing relocation plans and providing the relocation services. We recommend that the both the relocation as well as the acquisition agent are involved during the appraisal stage to ensure that all concerns are addressed as early as possible in the right of way process. This will minimize complications further in the right of process and to assist in keeping the project on schedule.

Deliverable: Relocation plans and services for one business relocation and 18 household relocations
Property Management : BRI will provide board up services for each parcel where a structure is acquired. BRI will also contact the utility providers to turn off services when a property is vacated. This task does not include any maintenance, weed abatement, or security/ fencing of the acquired properties.

BRI will also provide a lease/ rental agreement if the City agrees to re -rent properties after the close of escrow.

Deliverable: Inspection and Board Upfor 19properties
225. 55 — Right of Way Certification: BRI will prepare the Right of Way certification.

Deliverable: Right of Way Certificate
TASK 6 — PREPARE FINAL PS& E PACKAGE ( WBS 205, 235, 255) This task includes incorporation of agreed upon comments from the 95% PS& E review. It is anticipated that there will be no new major comments on the 95% submittal and if so those comments will be resolved prior to the final documents being prepared. Traffic Management Plan, Drainage Report, Strom Water Data Report and Geotechnical Materials and Design Report will be updated to gain Caltrans approval. Construction staking notes ( Survey File), Resident Engineer ( RE) file, Information Handout, Environmental Commitment Record ( ECR) will be included in this task. HDR will work directly with any reviewer to resolve outstanding comments if any) and will incorporate the final revisions and provide final contract documents that will be a complete and thoroughly reviewed, bid -ready set of documents.

Deliverables: Final Comment/Response Tracking Matrix (ifneeded), Final Advertise/Bid Ready PS& E Contract Documents including Engineering Reports; ECR, ROW Certification, Utility Certification, Information Handout, Survey File and RE File, printed copies of the Final PS& E submittal is limited to 10 copies
255. 15 — Environmental Revalidation: the IS/ MND/ EA/ FONSI will require revalidation during PS& E to document its validity for the updated project preferred alternative. As described in Task 165.25, the revalidation process is used to describe project changes and the effect of those changes on environmental resources of concern. The process is also used to document the validity of the environmental document for the PS& E milestone. We will use information regarding any subsequent project changes from the PANED phase and their environmental impacts, to prepare the revalidation. Revalidation approach will follow the requirements of the Standard Environmental Reference, Chapter 33 — Reevaluations. The revalidation form will be submitted to Caltrans for their review and approval.

ATTACHMENT 4
Deliverable: Completed NEPA/ CEQA Re -validation Form.
235.40 — Updated Environmental Commitments Record ( ECR): during PS& E, the Environmental Commitments Record ( ECR) will be updated to reflect the environmental commitments of the build alternative. Depending on the final design some of the commitments in the current ECR may need to be updated or deleted and new commitments may need to be added.

In addition, the status of commitments will be updated in the ECR during PS& E.

Deliverable: Updated Environmental Commitments Record
205 — OBTAIN PERMITS AND AGREEMENTS
205. 10 — Permits: In consultation with the City, Caltrans, and regulatory agencies ( as necessary) the HDR team will determine the permits, licenses, agreements and certifications PLACs) required for the project. We will then support the City and Caltrans in negotiations with the agencies with jurisdiction and prepare and necessary permit applications.

Deliverables Permit applications, as appropriate.

TASK 7 — PREPARE CONTRACT BID DOCUMENTS AND BID SUPPORT ( WBS 260, 265)
This task includes all the work involved in the preparation of draft contract bid documents.

Completion of this milestone is " Ready To List ( RTL)". HDR team together with City and Caltrans staff will validate that PS& E submittal is complete. We will verify that the combined Plans, Specifications include nonstandard special provisions ( NSSPs) and Basic Engineering Estimate System ( BEES) are accurate and complete.

HDR will support the City though the bidding process by responding to the bidders' enquiries ( up to 30 queries) to offer design clarification and to prepare and issue up to two addenda ( develop revised contract special provisions, estimates, redlined plans) as needed and include them in the contract documents. HDR understands that this task requires quick turn around and detail oriented responses to the bidders. HDR' s team will assist the City with the bidding process, reading and recording of bids, disseminating and producing the bid summary information.

Deliverables: Contract Documents, Addenda ( if needed), Environmental Certification, RTL Certification and Bid Summary Information printed copies of the Contract Documents is limited to 5 copies
Services excluded from this scope include:

1. Construction ( design) support during construction

2. Highway planting and irrigation

3. Architectural treatment of tie -back walls

4. Preparation of as -built plans

5. Right of way and construction staking

6. Preparation of Resolution of Necessity ( RON) documents, presentations, and coordination.

7. Post construction record maps
ATTACHMENT 4

8. Hazardous waste management

9. Groundwater monitoring/ clean- up

10. Utility relocation plans (to be designed by the respective utility owners)

11. Detailed Site Investigations (DSI) for hazardous waste

12. Dewatering, Hazardous material encountered during surveys/geotechnical explorations

13. Demolition and clearing of right of way parcels
ATTACHMENT 4
ATTACHMENT `B"
Insurance Requirements for Professional Services
By and between
City of Manteca
And
HDR Engineering, Inc.

For

ENVIRONMENTAL, RIGHT OF WAY ACQUISITION, AND

ENGINEERING SERVICES
THE SR120 / MCKINLEY AVENUE INTERCHANGE PROJECT
In the City of Manteca
San Joaquin County, California
ATTACHMENT 4

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