Agenda packet — Oxnard City Council, July 5, 2023 (part 2 of 2)

City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks of 2 Name of Proposer DIVISIONS/LOCATIONS
WKE, Inc. Santa Ana, CA
Home Office Address CONTRACT NO.
1851 E. First Street, Suite 1400, Santa Ana, CA 92705
Services to be Performed TOTAL AMOUNT OF PROPOSAL
$2,093,945.15

1. Direct Labor (Specify) Estimated Rate/Hou r Est. Cost ($) Total Est. Cost Hours
Project Manager 1,030 $114.71 $118,151
Discipline Lead 2,038 $98.41 $200,560
Senior Task Mana
ger 1,880 $88.68 $166,718
Senior Project Engineer 2 3,608 $88.81 $320,426
Senior Project Engineer 1 2,818 $70.63 $199,03 5
Project Engineer 4,059 $48.56 $197,08 5
Assistant Engineer 2,994 $32.97 $98,722
CADD 1,006 $37.89 $38,112
Administrative 388 $29.16 $11,314
Labor Cos
t 19,821 $1,350,124
Escalation 3% $91,131
Total Direct Labor $1,441,256

2. Labor Overhead Rate Rate
127.95%
$1,844,087

3. Travel* Est. Cost ($)
a. Transportation $5,260
b. Per Diem or Subsistence $0
Total Travel $5,260

4. Subcontractors/Suppliers** Cost to Complete Remainin g Balance Total Subcontractors/Suppliers (Cost to Complete) $0

5. Other Direct Costs* $32,025

6. General & Admin. Expense ( of Item No. 4) 0% $0

7. Fee 10% $328,534
TOTAL COST AND FEE TO COMPLETE PROJECT $3,651,161.91
REMAINING BALANCE ($1,557,216.76)
TOTAL ESTIMATED AMENDMENT COST AND FEE $2,093,945.15
* Itemize items on second page
** Attached pricing forms for all proposed subcontractors

CONTRACT PRICING PROPOSAL
RFP PW18-47
PS&E - Rice Avenue Grade Separation (Alternative 3B)

DETAILED DESCRIPTION OF COST ELEMENTS
14 290
Page ___2___
of ___2___
ITEM NO. ITEM DESCRIPTION NUMBE R EST. COST ($)
3a. Travel - Transportation
$20.00 Parkin g 31 $620.00
$0.580 Mileage 8000 $4,640.00
3a. TOTAL $5,260.00
3b. Travel - Per Diem or SubsistenceSubsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.10 Printing (8.5"x11" Black & White) 1,890 $189.00
$0.20 Printing (11"x17" Black & White) 25,500 $5,100.00 $0.40 Printing (8.5"x11" Color) 28,500 $11,400.00
$0.80 Printing (11"x17" Color) 1,920 $1,536.00
$11.00 Full Color Presentation Exhibits 800 $8,800.00
$2,000.00 Potholes $0.00
$10.00
Printing (24"x36" Black & White 4-Mil
Mylar Prints) 500 $5,000.00

5. TOTAL $32,025.00

TYPE NAME AND TITLE
Carlos Cadena, Senior Vice President

NAME OF FIRM DATE OF SUBMISSION
WKE, Inc.

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
15 291
Project Manager
Discipline Lead
Senior Task Manager
Senior Project Engineer
2 Senior Project Engineer
1 Project Engineer
Assistant Engineer
CADD
Administrative

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$307.04
$263.41
$237.37
$237.72
$189.06
$129.97
$88.26
$101.41
$78.05
TASK 1 - PROJECT MANAGEMENT

1.1-1 Coordination/Administration WKE 434 296 296 590 172 0 0 0 388 2176 $484,544.44 -$239,854.28 $244,690.16

1.1-1a Coordination and Meetings WKE 248 248 248 248 124 1,116 $282,738 -$120,122 $162,616.46

1.1-1b Administration WKE 248 248 $19,357 -$4,587 $14,770.09

1.1-1c Site Visits WKE 48 48 48 48 192 $44,523 -$39,644 $4,879.06

1.1-1d Maintain Project Files/Document Control WKE 108 140 248 $36,601 -$15,600 $21,000.89

1.1-1e Subconsultant Coordination & Contracts/Agreements WKE 186 186 372 $101,326 -$59,902 $41,423.66

1.1-3 Project Schedule WKE 186 186 372 $101,326 -$12,912 $88,414.17

1.1-4 Monthly Progress Reports and Invoices WKE 88 88 88 108 372 $96,762 -$27,929 $68,833.30 SUBTOTAL Task 1 - Project Management 708 384 384 884 172 0 0 0 388 2,920 $682,632 -$280,695 $401,938 TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 63 638 481 1009 1092 1615 1271 466 0 6635 $1,117,213 $0 $1,117,212.71

2.1-0 35% PS&E (Geometric Design and BSDS) WKE 28 280 70 280 140 140 938 $204,354 $204,354.06

2.1-1 Roadway Plans WKE/Guida 10 208 10 383 259 516 496 16 0 1898 $312,708 $0 $312,707.78

2.1-1a Title Sheet WKE 6 6 20 32 $5,606 $5,606.13

2.1-1b Typical Cross Sections WKE 20 30 35 37 122 $20,214 $20,214.27

2.1-1c Key Map & Line Index WKE 2 2 8 8 20 $2,748 $2,748.08

2.1-1e Layout Plans WKE 30 40 50 33 33 186 $34,065 $34,065.37

2.1-1f Profiles and Superelevation Diagrams WKE 30 10 40 45 50 50 225 $39,204 $39,203.65

2.1-1g Construction Details WKE 10 85 0 175 164 265 263 16 0 978 $157,342 $0 $157,342.38

2.1-1g.1 Removals WKE 20 35 55 70 70 250 $39,262 $39,262.31

2.1-1g.2 Intersections and Curb Ramps WKE 10 25 76 69 30 28 238 $47,137 $47,137.43

2.1-1g.3 Misc Details WKE 40 64 40 165 165 16 490 $70,943 $70,942.63

2.1-1h Contour Grading Plans WKE 20 60 60 60 200 $32,625 $32,624.95

2.1-1i Summary of Quantities WKE 15 30 45 45 135 $20,903 $20,902.95

2.1-2 Drainage Plans WKE/Tatsumi 0 7 361 20 403 495 2 0 0 1,288 $232,988 $0 $232,988.23

2.1-2a Drainage Report WKE 60 60 120 $19,141 $19,141.34

2.1-2b Drainage Plans, Profiles, Details, and Quantities WKE 0 7 311 20 343 355 2 0 0 1038 $191,581 $0 $191,581.03

2.1-2b.1 Drainage Plans WKE 7 71 20 140 85 2 325 $61,143 $61,142.96

2.1-2b.2 Drainage Profiles WKE 80 80 120 280 $49,710 $49,710.05

2.1-2b.3 Drainage Details WKE 80 50 50 180 $34,941 $34,940.69

2.1-2b.4 Drainage Quantities WKE 50 35 60 145 $26,283 $26,283.45

2.1-2b.5 Temporary Drainage Plans, Profiles, Details, and Quantities WKE 30 38 40 108 $19,504 $19,503.88

2.1-2c Temporary Water Pollution Control Plans WKE 50 80 130 $22,266 $22,265.85

2.1-4 Pavement Delineation Plans WKE 0 21 0 24 0 70 83 0 0 198 $27,660 $0 $27,660.17

2.1-4a Pavement Delineation Plans WKE 8 8 35 48 99 $12,794 $12,794.37

2.1-4b Pavement Delineation Details WKE 5 8 15 15 43 $6,492 $6,492.21

2.1-4c Pavement Delineation Quantities WKE 8 8 20 20 56 $8,374 $8,373.59

2.1-8 Bridge Plans (Unchecked Details) WKE/Tatsumi 0 70 0 80 120 260 180 290 0 1,000 $139,229 $0 $139,229.18

2.1-8a Rice Avenue Overcrossing WKE 60 60 120 200 180 250 870 $119,986 $119,986.39

2.1-8c General Plan - Altenative 3B WKE 10 20 60 40 130 $19,243 $19,242.79

2.1-10 Utility Plans WKE/KJC 0 8 0 36 0 80 40 0 0 164 $24,593 $0 $24,592.91

2.1-10a Utility Sheets WKE 4 8 20 20 52 $7,320 $7,319.93

2.1-10b Utility Coordination WKE 4 8 20 20 52 $7,320 $7,319.93

2.1-10c Update Utility Conflict Matrix WKE 20 40 60 $9,953 $9,953.04

2.1-12 Storm Water Data Report WKE 5 4 6 10 10 10 45 $8,088 $8,088.00

2.1-13 Constructability Review WKE 20 24 44 $7,874 $7,873.56

2.1-14 QA/QC WKE 20 40 40 160 160 160 320 160 1,060 $159,719 $159,718.82

FIRMTASK DESCRIPTION
WKE, Inc. 1/8/2020
16 292
Project Manager
Discipline Lead
Senior Task Manager
Senior Project Engineer
2 Senior Project Engineer
1 Project Engineer
Assistant Engineer
CADD
Administrative

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

FIRMTASK DESCRIPTION

2.2 95% PS&E SUBMITTAL Various 93 419 424 1030 753 1573 1076 400 0 5,768 $966,747 -$696,307 $270,439.68

2.2-1 Update Roadway Plans WKE/Guida 1 107 0 168 171 345 322 0 0 1114 $174,016 -$40,059 $133,956.16

2.2-1a Update Title Sheet WKE 1 4 6 14 20 45 $8,033 -$1,289 $6,743.92

2.2-1b Update Typical Cross Sections WKE 9 40 49 49 32 179 $30,336 -$4,868 $25,467.41

2.2-1c Update Key Map & Line Index WKE 16 16 $1,412 -$227 $1,185.53

2.2-1e Update Layout Plans WKE 18 18 20 58 42 156 $24,046 -$3,859 $20,187.40

2.2-1f Update Profiles and Superelevation Diagrams WKE 18 26 26 50 50 170 $26,749 -$4,293 $22,456.11

2.2-1g Update Construction Details WKE 0 40 0 46 42 70 82 0 0 280 $45,747 -$8,590 $37,156.86

2.2-1g.1 Update Removals WKE 22 18 18 30 42 130 $21,083 -$3,383 $17,699.46

2.2-1g.2 Update Intersections and Curb Ramps WKE 8 8 4 10 10 40 $6,948 -$2,222 $4,725.84

2.2-1g.3 Update Misc Details WKE 10 20 20 30 30 110 $17,716 -$2,985 $14,731.55

2.2-1h Update Contour Grading Plans WKE 10 20 20 58 60 168 $24,003 -$3,852 $20,151.12

2.2-1i Update Summary of Quantities WKE 8 12 40 40 100 $13,689 -$13,081 $607.82

2.2-2 Update Drainage Plans WKE/Tatsumi 0 0 240 0 190 510 0 0 0 940 $159,172 -$129,804 $29,368.23

2.2-2b Update Drainage Plans, Profiles, Details, and Quantities WKE 0 0 160 0 150 450 0 0 0 760 $124,823 -$102,405 $22,417.97

2.2-2b.1 Update Drainage Plans WKE 60 30 130 220 $36,810 -$29,024 $7,785.33

2.2-2b.2 Update Drainage Profiles WKE 30 30 140 200 $30,988 -$24,718 $6,270.07

2.2-2b.3 Update Drainage Details WKE 30 30 80 140 $23,190 -$18,498 $4,692.24

2.2-2b.4 Update Drainage Quantities WKE 20 40 60 120 $20,108 -$19,215 $892.81

2.2-2b.5 Update Temporary Drainage Plans, Profiles, Details, and Quantities WKE 20 20 40 80 $13,727 -$10,950 $2,777.52

2.2-2c Update Temporary Water Pollution Control Plans WKE 80 40 60 180 $34,350 -$27,400 $6,950.26

2.2-4 Update Pavement Delineation Plans WKE 0 28 0 64 68 84 0 0 0 244 $46,363 -$17,348 $29,014.29

2.2-4a Update Pavement Delineation Plans WKE 20 40 40 60 160 $30,137 -$7,050 $23,087.25

2.2-4b Update Pavement Delineation Details WKE 4 12 12 8 36 $7,215 -$1,688 $5,526.95

2.2-4c Update Pavement Delineation Quantities WKE 4 12 16 16 48 $9,011 -$8,611 $400.09

2.2-8 Update Bridge Plans WKE/Tatsumi 0 60 0 320 130 240 240 240 0 1,230 $193,164 -$183,097 $10,067.16

2.2-8a Rice Avenue Overcrossing WKE 20 120 130 240 240 240 990 $135,084 -$127,595 $7,488.32

2.2-8b Update Aesthetics Structures Details Tatsumi 0 $0 $0 $0.00

2.2-8c Bridge Independent Check WKE 40 200 240 $58,080 -$55,501 $2,578.84

2.2-9 Update Retaining Wall Plans Various 000000000 0 $ 0 -$126,853 -$126,853.34

2.2-9a Update Retaining Wall Key Map WKE 0 $0 -$2,067 -$2,067.45

2.2-9b Retaining Wall 1 PacRim 0 $0 $0.00

2.2-9c Retaining Wall 2 N/A 0 $0 $0.00

2.2-9d Retaining Wall 3 WKE 0 $0 -$38,189 -$38,188.53

2.2-9e Retaining Wall 4 WKE/PacRim 0 $0 -$43,299 -$43,298.68

2.2-9f Retaining Wall 5 WKE/PacRim 0 $0 -$43,299 -$43,298.68

2.2-9g Update Aesthetics Wall Details Tatsumi 0 $0 $0.00

2.2-9h Retaining Wall 1 - Alternative 3B PacRim 0 $0 $0.00

2.2-10 Update Utility Plans WKE/KJC 0 70 80 120 0 120 90 0 0 480 $89,494 -$28,768 $60,726.29

2.2-10a Update Utility Sheets WKE 20 30 20 20 40 130 $23,273 -$8,790 $14,482.99

2.2-10b Utility Coordination WKE 50 50 50 50 50 250 $47,836 -$13,034 $34,802.85

2.2-10c Update Utility Conflict Matrix WKE 50 50 100 $18,384 -$6,944 $11,440.45

2.2-11 Construction Schedule WKE 30 50 60 140 $34,034 -$32,523 $1,511.16

2.2-12 Utility and ROW Update WKE 4 6 10 10 10 40 $8,045 -$7,688 $357.22

2.2-13 Update SWDR WKE 4 4 12 12 20 20 72 $11,663 -$11,146 $517.88

2.2-14 ECR, Re-Validation, and Supplemental Project Report WKE/GPA 24 0 0 104 0 64 64 0 0 256 $46,058 $0 $46,058.21

2.2-14d Supplemental Project Report WKE 24 104 64 64 256 $46,058 $46,058.21

2.2-17 Update Drainage Report WKE 4 4 12 12 20 20 72 $11,663 -$11,146 $517.88

2.2-18 Constructability Review WKE 40 80 120 $33,355 -$25,513 $7,841.48

2.2-19 QA/QC WKE 20 40 40 160 160 160 320 160 1,060 $159,719 -$82,362 $77,357.05 WKE, Inc. 1/8/2020
17 293
Project Manager
Discipline Lead
Senior Task Manager
Senior Project Engineer
2 Senior Project Engineer
1 Project Engineer
Assistant Engineer
CADD
Administrative

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

FIRMTASK DESCRIPTION

2.3 100% PS&E SUBMITTAL Various 44 176 160 242 142 481 361 140 0 1,746 $290,796 -$308,695 -$17,898.57

2.3-1 Final Roadway Plans WKE/Guida 0 56 0 80 0 84 85 0 0 305 $52,188 -$52,080 $108.24

2.3-1a Final Title Sheet WKE 2 2 4 8 $1,522 -$1,455 $67.58

2.3-1b Final Typical Cross Sections WKE 10 10 10 10 40 $7,194 -$6,874 $319.40

2.3-1c Final Key Map & Line Index WKE 2 2 4 $787 -$752 $34.93

2.3-1e Final Layout Plans WKE 10 16 8 8 42 $8,183 -$7,820 $363.36

2.3-1f Final Profiles and Superelevation Diagrams WKE 4 4 10 12 30 $4,363 -$4,170 $193.74

2.3-1g Final Construction Details WKE 0 20 0 24 0 34 36 0 0 114 $18,570 -$19,954 -$1,384.46

2.3-1g.1 Final Removals WKE 10 10 10 10 40 $7,194 -$6,874 $319.40

2.3-1g.2 Final Intersections and Curb Ramps WKE 2 2 4 6 14 $2,052 -$4,170 -$2,117.88

2.3-1g.3 Final Misc Details WKE 8 12 20 20 60 $9,324 -$8,910 $414.02

2.3-1h Final Contour Grading Plans WKE 4 16 10 12 42 $7,216 -$6,896 $320.40

2.3-1i Final Summary of Quantities WKE 4 8 6 7 25 $4,353 -$4,160 $193.28

2.3-2 Final Drainage Plans WKE/Tatsumi 0 0 100 0 0 180 20 0 0 300 $48,896 -$46,725 $2,171.07

2.3-2a Final Drainage Plans, Profiles, Details, and Quantities WKE 0 0 80 0 0 110 20 0 0 210 $35,051 -$33,495 $1,556.32

2.3-2a.1 Final Drainage Plans WKE 20 40 60 $9,946 -$9,504 $441.62

2.3-2a.2 Final Drainage Profiles WKE 20 20 20 60 $9,112 -$8,707 $404.58

2.3-2a.3 Final Drainage Details WKE 20 20 40 $7,347 -$7,021 $326.21

2.3-2a.4 Final Drainage Quantities WKE 12 18 30 $5,188 -$4,957 $230.35

2.3-2a.5 Final Temporary Drainage Plans, Profiles, Details, and Quantities WKE 8 12 20 $3,459 -$3,305 $153.56

2.3-2b Final Temporary Water Pollution Control Plans WKE 20 70 90 $13,845 -$13,230 $614.74

2.3-4 Final Pavement Delineation Plans W K E 0 1 2 0 1 2 0 3 7 0006 1 $10,822 -$10,342 $480.53

2.3-4a Final Pavement Delineation Plans WKE 8 8 24 40 $7,128 -$6,812 $316.50

2.3-4b Final Pavement Delineation Details WKE 2 2 5 9 $1,652 -$1,579 $73.36

2.3-4c Final Pavement Delineation Quantities WKE 2 2 8 12 $2,042 -$1,951 $90.67

2.3-8 Final Bridge Plans WKE/Tatsumi 0 40 0 40 50 58 60 60 0 308 $48,416 -$46,266 $2,149.75

2.3-8a Rice Avenue Overcrossing WKE 40 40 50 58 60 60 308 $48,416 -$46,266 $2,149.75

2.3-9 Final Retaining Wall Plans Various 000000000 0 $ 0 -$36,096 -$36,095.67

2.3-9a Final Retaining Wall Key Map WKE 0 $0 -$687 -$687.42

2.3-9d Retaining Wall 3 WKE 0 $0 -$11,803 -$11,802.75

2.3-9e Retaining Wall 4 WKE/PacRim 0 $0 -$11,803 -$11,802.75

2.3-9f Retaining Wall 5 WKE/PacRim 0 $0 -$11,803 -$11,802.75

2.3-10 Final Utility Plans WKE/KJC 0 8 16 18 0 22 16 0 0 80 $14,456 -$13,814 $641.85

2.3-10a Final Utility Sheets WKE 4 8 8 8 8 36 $6,600 -$6,307 $293.05

2.3-10b Utility Coordination WKE 4 8 8 8 8 36 $6,600 -$6,307 $293.06

2.3-10c Update Utility Conflict Matrix WKE 2 6 8 $1,255 -$1,200 $55.74

2.3-12 Final Reports WKE/KHA 4 0 4 12 12 20 20 0 0 72 $11,663 -$11,146 $517.88

2.3-12a Final Drainage Report WKE 2 2 6 6 10 10 36 $5,832 -$5,573 $258.93

2.3-12b Final SWDR WKE 2 2 6 6 10 10 36 $5,832 -$5,573 $258.94

2.3-13 Final Construction Schedule WKE 20 20 40 $11,409 -$10,903 $506.58

2.3-14 QA/QC WKE 20 40 40 80 80 80 160 80 580 $92,946 -$81,324 $11,621.21

2.4 Right of Way Documentation and Engineering Various 0 35 0 0 105 0000 1 4 0 $29,070 $0 $29,070.29

2.4-1 Activities Various 0 35 0 0 105 0000 1 4 0 $29,070 $0 $29,070.29

2.4-1n Prepare Right-of-Way Requirement Maps (PD-26) Guida 35 105 140 $29,070 $29,070.29

2.4-2 Right of Way Acquisition HJA 0 $0 $0.00
SUBTOTAL - Task 2 - Plan Preparation 200 1,268 1,065 2,281 2,092 3,669 2,708 1,006 0 14,289 $2,403,826 -$1,005,002 $1,398,824.11 WKE, Inc. 1/8/2020
18 294
Project Manager
Discipline Lead
Senior Task Manager
Senior Project Engineer
2 Senior Project Engineer
1 Project Engineer
Assistant Engineer
CADD
Administrative

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

FIRMTASK DESCRIPTION
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 0 100 8 150 240 250 0 0 0 748 $141,763 -$99,072 $42,691.12

3.1a 65% Specifications Various 10 30 90 87 217 $38,088 $38,087.78

3.1b 95% Specifications Various 80 8 100 100 100 388 $78,646 -$75,154 $3,492.00

3.1c 100% Specifications Various 10 20 50 63 143 $25,029 -$23,918 $1,111.34 SUBTOTAL - Task 3 - Specification Preparation 0 100 8 150 240 250 0 0 0 748 $141,763.05 -$99,071.93 $42,691.12 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate Various 0 88 136 245 150 140 140 0 0 899 $172,614 -$68,786 $103,827.33

4.1a 65% Engineer's Estimate Various 44 18 110 150 140 137 599 $100,657 $100,657.08

4.1b 95% Engineer's Estimate Various 24 80 80 184 $44,329 -$42,361 $1,968.27

4.1c 100% Engineer's Estimate Various 20 38 55 3 116 $27,628 -$26,401 $1,226.71

4.1d Alt 3a and 3b Engineer's Estimate Various 0 $0 -$25 -$24.73 SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 0 88 136 245 150 140 140 0 0 899 $172,614 -$68,786 $103,827.33 TASK 6 - PERMITTING

6.1 Permit Applications WKE 98 198 48 344 $93,657 -$88,595 $5,061.80

6.2 Fact Sheets WKE 24 287 164 146 621 $119,385 $119,385.14 SUBTOTAL - Task 6 - Permitting 122 198 287 48 164 0 146 0 0 965 $213,042 -$88,595 $124,446.94 1,030 2,038 1,880 3,608 2,818 4,059 2,994 1,006 388 19,821 $3,613,877 -$1,542,149.78 $2,071,727.13 000000000 0 $0 $0 $0.00
000000000 0 $37,285 -$15,067 $22,218.02
000000000 0 $0 $0
1,030 2,038 1,880 3,608 2,818 4,059 2,994 1,006 388 19,821 $3,651,161.91 -$1,557,216.76 $2,093,945.15 SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants
WKE, Inc. 1/8/2020
19 295

DOUGLAS ENGINEERING
20 296
Local Assistance Procedures Manual EXHIBIT 10
PAGE 1 OF 9
Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. PW 18-47 Date 9/21/2019

DIRECT LABOR
Hours Actual Hourly Rate Total
10 $85.00 $850.00
65 $45.00 $2,925.00
16 $45.00 $720.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
$0.00
$0.00

LABOR COSTS
a) Subtotal Direct Labor Costs $4,495.00
b) Anticipated Salary Increases (see page 2 for calculation) $101.14 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $4,596.14

INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $0.00 f) Overhead ( Rate: 0.00% ) g) Overhead [(c) x (f)] $0.00 h) General and Administrative (Rate: 110.00% ) i) Gen & Admin [(c) x (h)] $5,055.75 j) Total Indirect Costs [(e) + (g) + (i)] $5,055.75

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% ] $965.19 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
150 Mile $0.580 $87.00
1 EA $25.00 $25.00
0 EA $0.00 $0.00
0 EA $0.00 $0.00
0 EA $0.00 $0.00
0 EA $0.00 $0.00
0 EA $0.00 $0.00
$0.00
5 $30.00 $150.00
$0.00
l) TOTAL OTHER DIRECT COSTS $262.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $0.00
Subconsultant 2: $0.00
Subconsultant 3: $0.00
Subconsultant 4: $0.00
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(l) + (m)] $262.00 TOTAL COST [(c) + (j) + (k) + (n)] $10,879.08
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

Plan Sheets (Full Color Presentation Exhibits on Bond)
Next Day Parcel Delivery

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
133101
Classification/Title Name
Project Manager Douglas Mays
Engr Tech Michael Mays
Engr Tech
EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3
Douglas Enginering, Inc
Paul Mays
Plan Sheets (11"x17" Color on Bond)
Plan Sheets (8.5"x11" Color on Bond)
Description of Item
Plan Sheets (11"x17" Black & White on Bond)
Plan Sheets (8.5"x11" Black & White on Bond)
Parking
Mileage Costs
Prime Consultant
Subconsultant
2nd Tier Subconsultant

Page 1 of 9 ends

January 2018
21 297
Local Assistance Procedures Manual EXHIBIT 10
PAGE 2 OF 9
Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$4,495.00 = $49.40 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $49.40 + = $50.88 Year 2 Avg Hourly Rate
Year 2 $50.88 + = $52.40 Year 3 Avg Hourly Rate
Year 3 $52.40 + = $53.98 Year 4 Avg Hourly Rate
Year 4 $53.98 + = $55.60 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 25.00% * = 22.8 Estimated Hours Year 1
Year 2 75.00% * = 68.3 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 91.0
Year 1 $49.40 *= $1,123.75 Estimated Hours Year 1
Year 2 $50.88 *= $3,472.39 Estimated Hours Year 2
Year 3 $52.40 *= $0.00 Estimated Hours Year 3
Year 4 $53.98 *= $0.00 Estimated Hours Year 4
Year 5 $55.60 *= $0.00 Estimated Hours Year 5
= $4,596.14
= $4,495.00
= $101.14 Transfer to Page 1
NOTES:

1. 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.

2. 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)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Direct Labor Subtotal before Escalation

91.0 91.0
Total

91.0 Total Hours
91 Proposed Escalation

3.0%

3.0%
Direct Labor Subtotal
per Cost Proposal per Cost Proposal

3. Calc ulate estimated hours per year (Multiply estimate % each year by total hours) per Cost ProposalCompleted Each Year
Estimated %
Estimated hours

91.0 Total Hours
Total Direct Labor Cost with Escalation

91.0 EXHIBIT 10-H1 COST PROPOSAL PAGE 2 OF 3

4. Calc ulate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

2. Calcu late hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Cost per Year
Estimated total of Direct Labor Salary Increase
0 0
0 (calculated above)
Avg Hourly Rate
(calculated above)
23 68

Page 2 of 9 ends

January 2018
22 298
Local Assistance Procedures Manual EXHIBIT 10
PAGE 3 OF 9
Exhibit 10-H1
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112
- Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
Prime Consultant or Subconsultant Certifying:

Name: Douglas H. Mays Title*: President
Signature: Date of Certification (mm/dd/yyyy): 9/21/ 2019 Email: [email protected] Phone Number: 909-335-8670 Address: 414 Tennessee St, Ste G , Redlands Ca 92373
List services the consultant is providing under the proposed contract:

EXHIBIT 10-H1 COST PROPOSAL PAGE 3 OF 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration ofEngineering and Design Related Service All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Page 3 of 9 ends

January 2018
23 299

EPIC LAND SOL
UTIONS
24 300
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Epic Land Solutions, Inc. Torrance, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
($39,153.27)

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Chief Appraiser 0 $79.33 $0
Appraiser 0 $43.27 $0
Administrative Support 0 $24.04 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
Labor Cost 0 $0
Escalation 3% $0
Total Direct Labor $0

2. Labor Overhead Rate Rate
179.42%
$0

3. Travel Est. Cost ($)
a. Transportation $0
b. Per Diem or Subsistence $0
Total Travel $0

4. Subcontractors/Suppliers Est. Cost ($)
FF&E Appraisal $0
Total Subcontractors/Suppliers $0

5. Other Direct Costs $0

6. General & Admin. Expense $0

7. Fee 10% $0
TOTAL COST AND FEE TO COMPLETE PROJECT $0.00
REMAINING BALANCE ($39,153.27)
TOTAL ESTIMATED AMENDMENT COST AND FEE ($39,153.27)

CONTRACT PRICING PROPOSAL
2601 Airport Drive, Suite 115, Torrance, CA 90505 RFP PW18-47 Right of Way Appraisals

DETAILED DESCRIPTION OF COST ELEMENTS
25 301
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.545 Mileage $0.00
3a. TOTAL $0.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. TOTAL $0.00

TYPE NAME AND TITLE

HOLLY ROCKWELL

NAME OF FIRM DATE OF SUBMISSION
Epic Land Solutions, Inc.

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019
26 302
Chief Appraiser
Appraiser
Administrative Support

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) for 1/1/18 to 12/13/19 Project Average $247.49
$134.99
$75.00
TASK 2 - PLAN PREPARATION

2.4 Right of Way Documentation and Engineering Various 0 0 0 0 $0 -$31,468 -$31,468

2.4-1 Activities Various 0 0 0 0 $0 -$31,468 -$31,468

2.4-1m Prepare secondary appraisals EPIC 0 $0 -$31,468 -$31,468

2.4-2 Right of Way Acquisition HJA 0 $0 $0
SUBTOTAL - Task 2 - Plan Preparation 0 0 0 0 $0 -$31,468 -$31,468 000 0 $0 -$31,468 -$31,468
000 0 $0 $0 $0
000 0 $0 -$185 -$185
000 0 $0 -$7,500 -$7,500
000 0 $0.00 -$39,153.27 -$39,153.27TOTAL
Epic Land Solutions, Inc.

SUBTOTAL Subconsultants

TASK DESCRIPTION FIRM
SUBTOTAL Other Direct Cost
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
WKE, Inc. 8/5/2019
27 303
FUGR

O USA LAND
28 304
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Fugro USA Land Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$36,846.81

1. Direct Labor (Specify) Estimated Rate/Hou r Est. Cost ($) Total Est. Cost Hours
Senior Principal 0 $0
Principal 72 $65.30 $4,702
Associate 151 $53.72 $8,112
Senior 0 $45.46 $0
Senior Project 299 $41.58 $12,432
Project 0 $36.57 $0
Senior Staff 200 $31.79 $6,358
Staff 0 $28.00 $0
GIS Analyst 70 $40.31 $2,822
Graphics Illustrator 0 $38.70 $0
Word Processing 0 $27.54 $0
Labor Cos
t 792 $34,425
Escalation 3% $2,100
Total Direct Labor $36,525

2. Labor Overhead Rate Rate
221.45%
$80,886

3. Travel Est. Cost ($)
a. Transportation $58
b. Per Diem or Subsistence $0
Total Travel $58

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $96,325

6. General & Admin. Expense

7. Fee 10% $11,741
TOTAL COST AND FEE TO COMPLETE PROJECT $225,534.87
REMAINING BALANCE ($188,688.06)
TOTAL ESTIMATED AMENDMENT COST AND FEE $36,846.81

CONTRACT PRICING PROPOSAL
4820 McGrath Street, Suite 100, Ventura CA 93003 RFP PW18-47 Geotechnical Services

DETAILED DESCRIPTION OF COST ELEMENTS
29 305
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.580 Mileage 100 $58.00
3a. TOTAL $58.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$13,000.00 Geotechnical Laboratory Testing 1 $13,000.00 $825.00 Permiting (Ventura County) 1 $825.00
$53,200.00 Geotechnical Drilling 1 $53,200.00
$17,000.00 Geotechnical CPT Soundings 1 $17,000.00
$6,200.00 Investigation Derived Waste Disposal 1 $6,200.00 $4,600.00 Traffic Control 1 $4,600.00
$1,000.00 Concrete coring 1 $1,000.00
$500.00 PID Rental 1 $500.00

5. TOTAL $96,325.00

NAME OF FIRM DATE OF SUBMISSION
Fugro USA Land

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019

TYPE NAME AND TITLE
30 306
Senior Principal
Principal
Associate
Senior
Senior Project
Project
Senior Staff
Staff
GIS Analyst

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$0.00
$244.98
$201.54
$170.55
$155.99
$137.20
$119.26
$105.05
$151.23
TASK 5 - GEOTECHNICAL INVESTIGATION

5.1 Geotechnical and Foundation Reports Fugro 0 72 151 0 299 0 200 0 70 792 $129,152 -$147,524 -$18,372

5.1a Geotechnical Design Report (GDR) Fugro 10 20 18 18 12 78 $13,250 -$12,526 $724

5.1b Percolation Testing (4 Locations) Fugro 2 4 16 20 4 46 $6,782 -$6,440 $342

5.1c Foundation Reports for Bridges, Retaining, and Sound Wall, OH Signs Fugro 40 75 120 100 30 365 $60,097 -$95,887 -$35,790

5.1d Materials Report Fugro 10 12 15 12 12 61 $10,454 -$6,126 $4,328

5.1e Final Geotechnical Investigation Report Fugro 10 40 130 50 12 242 $38,568 -$26,545 $12,024 Fugro 0$ 0 $ 0
Fugro 0$ 0 $ 0
SUBTOTAL - Task 5 - Geotechnical Investigation 0 72 151 0 299 0 200 0 70 792 $129,152 -$147,524 -$18,372 0 72 151 0 299 0 200 0 70 792 $129,152 -$147,524 -$18,372 000000000 0 $0 $0 $0
000000000 0 $96,383 -$41,164 $55,219
000000000 0 $ 0 $ 0 $ 0
0 72 151 0 299 0 200 0 70 792 $225,534.87 -$188,688.06 $36,846.81TOTAL Fugro USA Land
SUBTOTAL Subconsultants
SUBTOTAL Other Direct Cost

TASK DESCRIPTION FIRM
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
WKE, Inc. 1/8/2020
31 307

GPA CONS

ULTANTS
32 308
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
GPA Consultants Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$0.00

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal Environmental Planner 34 $99.00 $3,317
Senior Environmental Planner 209 $52.88 $11,039
Senior Environmental Planner 125 $51.44 $6,404
Environmental Planner 386 $30.90 $11,927
Environmental Planner 110 $28.84 $3,172
Senior Associate Biologist 10 $60.00 $600
Senior Biologist 48 $49.04 $2,354
Associate Biologist 77 $37.50 $2,869
Associate Biologist 32 $32.45 $1,038
Senior GIS Analyst 88 $45.67 $4,019
Labor Cost 1,117 $46,739
Escalation 3% $970
Total Direct Labor $47,709

2. Labor Overhead Rate Rate
130.06%
$62,051

3. Travel Est. Cost ($)
a. Transportation $1,489
b. Per Diem or Subsistence $0
Total Travel $1,489

4. Subcontractors/Suppliers Est. Cost ($)
Subconsultant 1: Archaeology (DUKE CRM) $20,000
Subconsultant 2: Air Quality (AMBIENT) $2,500
Duke CRM (Milestone 2, Task 2.2-14e) $11,624
Cornerstone (Milestone 2, Task 2.2-14f) $7,500
Total Subcontractors/Suppliers $41,624

5. Other Direct Costs $240

6. General & Admin. Expense

7. Fee 10% $10,976
TOTAL COST AND FEE TO COMPLETE PROJECT $164,089.31
REMAINING BALANCE ($164,089.31)
TOTAL ESTIMATED AMENDMENT COST AND FEE $0.00

CONTRACT PRICING PROPOSAL
RFP PW18-47
Environmental Services

DETAILED DESCRIPTION OF COST ELEMENTS
33 309
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
$80.00 Travel 4 $320.00
$0.545 Mileage 2018 1600 $872.00
$0.580 Mileage 2019 546.4 $316.91
($19.46) Parking 1 ($19.46)
3a. TOTAL $1,489.45
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
Printing (8.5"x11" Black & White) $0.00
Printing (11"x17" Black & White) $0.00
Printing (8.5"x11" Color) $0.00
Printing (11"x17" Color) $0.00
Full Color Presentation Exhibits $0.00
$20.00 Delivery (Revalidation Packages) 12 $240.00

5. TOTAL $240.00

TYPE NAME AND TITLE SIGNATURE
Richard Galvin, Vice President

NAME OF FIRM DATE OF SUBMISSION
GPA Consultants

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
34 310
Principal Environmental
Planner
Senior Environmental
Planner
Senior Environmental
Planner
Environmental Planner
Environmental Planner
Senior Associate Biologist
Senior Biologist
Associate Biologist
Associate Biologist
Senior GIS Analyst

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$255.73
$136.60
$132.88
$79.82
$74.50
$154.99
$126.68
$96.87
$83.82
$117.97

2.2 95% PS&E SUBMITTAL Various 22 209 154 366 90 8 16 81 32 56 1,033 $110,697 -$110,697 $0

2.2-14 Environmental Commitment Record (ECR) WKE/GPA 22 209 154 366 90 8 16 81 32 56 1033 $110,697 -$110,697.28 $0

2.2-14a Environmental Commitment Record (ECR) WKE 31 156 (12) 90 90 8 13 12 388 $45,413 -$45,413 $0

2.2-14b Environmental Mitigation WKE (9) 12 (28) 40 16 32 32 95 $6,679 -$6,679 $0

2.2-14c Environmental Document Re-Validation Technical Studies Update WKE/GPA (1) 41 194 236 36 44 550 $58,605 -$58,605 $0 SUBTOTAL - Task 2 - Plan Preparation 22 209 154 366 90 8 16 81 32 56 1,033 $110,697 -$110,697 $0 TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 12 0 -29 20 20 2 32 -5 0 32 85 $10,039 -$10,038.84 $0

3.1a 65% Specifications Various 8 -16 -37 8 8 2 16 -5 16 1 $1 -$1 $0

3.1b 95% Specifications Various 2 8 4 6 6 8 8 42 $5,019 -$5,019 $0

3.1c 100% Specifications Various 2 8 4 6 6 8 8 42 $5,019 -$5,019 $0 SUBTOTAL - Task 3 - Specification Preparation 12 0 (29) 20 20 2 32 (5) 0 32 85 $10,038.84 -$10,039 $0 34 209 125 386 110 10 48 77 32 88 1,117 $120,736 -$120,736 $0 0000000000 0 $0 $0 $0
0000000000 0 $1,729 -$1,729 $0
0000000000 0 $41,624 -$41,624 $0
34 209 125 386 110 10 48 77 32 88 1,117 $164,089.31 -$164,089.31 $0.00TOTAL SUBTOTAL Other Direct Cost
GPA Consultants
SUBTOTAL Subconsultants

TASK DESCRIPTION FIRM
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
WKE, Inc. 8/5/2019
35 311

GROUP DELTA
36 312
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Group Delta Environmental
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$144,878.01

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal 28 $112.87 $3,160
Associate 140 $63.47 $8,886
Senior 14 $45.00 $630
Project 170 $38.87 $6,608
Staff 520 $31.73 $16,500
Technician 24 $32.57 $782
Draftsperson 108 $34.37 $3,712
Project Support 15 $29.48 $442
0 $0.00 $0
Labor Cost 1,019 $40,720
Escalation 3% Per 10-H $1,222
Total Direct Labor $41,941

2. Labor Overhead Rate Rate
137.30%
$57,585

3. Travel Est. Cost ($)
a. Transportation $1,065
b. Per Diem or Subsistence $800
Total Travel $1,865

4. Subcontractors/Suppliers Est. Cost ($)
Spectrum - Geophysical $7,500
ABC Liovin - Drilling $34,500
AIS - Drum Disposal $1,750
Asset Labs - Laboratory $211,000
Eco-Rental or Pine - Equipment Rental - GPS, Methane Meter, H2S Meter, PID $4,750 Statewide - Traffic Control $9,000
Statewide - Traffic Plans $0
Total Subcontractors/Suppliers $268,500

5. Other Direct Costs $20,100

6. General & Admin. Expense $0

7. Fee 10% $9,953
TOTAL COST AND FEE TO COMPLETE PROJECT $399,943.81
REMAINING BALANCE ($255,065.80)
TOTAL ESTIMATED AMENDMENT COST AND FEE $144,878.01

CONTRACT PRICING PROPOSAL
32 Mauchly, Suite B, Irvine, CA 92618
Phase II Site Investigation - Alternative 3B

DETAILED DESCRIPTION OF COST ELEMENTS
37 313
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
$10.00 Parking 5 $50.00
$0.580 Mileage 1750 $1,015.00
3a. TOTAL $1,065.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $800.00

5. Other Direct Costs
Unit Cost Reproduction Number
$4,800.00 Oxnard Encroachment Permit 1 $4,800.00
$800.00 Ventura County Encroachment Permit 1 $800.00
$3,500.00 Caltrans Encroachment Permit 1 $3,500.00
$135.00 Oxnard Boring Permit 1 $135.00
$650.00 Ventura County Boring Permit 1 $650.00
$25.00 FedEx 6 $150.00
$75.00 PPE & Sampling Supplies (gloves, baggies, ice 15 $1,125.00 $180.00 Lodging (Nights) 8 $1,440.00
$7,500.00 UPRR Related Fees (Access, Insurance) 1 $7,500.00

5. TOTAL $20,100.00

TYPE NAME AND TITLE
Glenn Burks

NAME OF FIRM DATE OF SUBMISSION
Group Delta

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019
38 314
Principal
Associate
Senior
Project
Staff
Technician
Draftsperson
Project Support

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$303.46
$170.65
$120.99
$104.51
$85.31
$87.57
$92.41
$79.26
TASK 5 - GEOTECHNICAL INVESTIGATION

5.1 Geotechnical and Foundation Reports Fugro 28 140 14 170 520 24 108 15 1,019 $109,479 -$65,712 $43,767

5.1g Extended Hazardous Materials Testing Group Delta 28 140 14 170 520 24 108 15 1,019 $109,479 -$65,712 $43,767 SUBTOTAL - Task 5 - Geotechnical Investigation 28 140 14 170 520 24 108 15 1,019 $109,479 -$65,712 $43,767 28 140 14 170 520 24 108 15 1,019 $109,479 -$65,712 $43,767 00000000 0 $0 $0 $0
00000000 0 $21,965 -$10,695 $11,270
0 0 0 0 0 0 0 0 0 $268,500 -$178,659 $89,841
28 140 14 170 520 24 108 15 1,019 $399,943.81 -$255,065.80 $144,878.01 Group Delta
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
TASK
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants

DESCRIPTION FIRM
WKE, Inc. 1/8/2020
39 315

GUIDA SU

RVEYING
40 316
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Guida Surveying Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$217,055.17

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal Land Surveyor 10 $116.42 $1,164
Sr. Project Manager 43 $82.05 $3,528
Project Manager 92 $58.64 $5,395
Project Surveyor 708 $57.66 $40,821
Project Analyst 108 $46.57 $5,029
CADD Survey Technician 28 $32.15 $900
CADD Operator 20 $27.72 $554
PLS Party Chief (Union Field) 128 $57.22 $7,325
Chainman (Union Field) 128 $50.76 $6,497
Labor Cost 1,265 $71,214
Escalation 3% $2,136
Total Direct Labor $73,351

2. Labor Overhead Rate Rate
179.83%
$131,907

3. Travel Est. Cost ($)
a. Transportation $1,044
b. Per Diem or Subsistence $0
Total Travel $1,044

4. Subcontractors/Suppliers Est. Cost ($)
C-BELOW $13,190
Total Subcontractors/Suppliers $13,190

5. Other Direct Costs $95

6. General & Admin. Expense $0

7. Fee 10% $20,526

TOTAL COST AND FEE TO COMPLETE PROJEC
T $240,111.98
REMAINING BALANCE ($23,056.81)
TOTAL ESTIMATED AMENDMENT COST AND FEE $217,055.17

CONTRACT PRICING PROPOSAL
601 South Figueroa St, Los Angeles CA 90017 RFP PW18-47 Surveying Services

DETAILED DESCRIPTION OF COST ELEMENTS
41 317
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.580 Mileage 1800 $1,044.00
3a. TOTAL $1,044.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.15 Printing (8.5"x11" Black & White) 50 $7.50
$0.45 Printing (11"x17" Black & White) 50 $22.50
$0.55 Printing (8.5"x11" Color) 50 $27.50
$0.75 Printing (11"x17" Color) 50 $37.50
Full Color Presentation Exhibits $0.00

5. TOTAL $95.00

TYPE NAME AND TITLE
Ralph W. Guida IV, PLS

NAME OF FIRM DATE OF SUBMISSION
Guida Surveying

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019
42 318
Principal Land Surveyor
Sr. Project Manager
Project Manager
Project Surveyor
Project Analyst
CADD Survey Technician
CADD Operator
PLS Party Chief (Union
Field)
Chainman (Union Field)

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$369.11
$260.14
$185.93
$182.80
$147.64
$101.95
$87.88
$181.43
$160.93
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 0 044440442 4 $3,843 $0 $3,843

2.1-1 Roadway Plans WKE/Guida 0 044440442 4 $3,843 $0 $3,843

2.1-1d Project Controls Guida 4444 442 4 $3,843 $3,843

2.2 95% PS&E SUBMITTAL Various 0 044440442 4 $3,843 -$1,588 $2,255

2.2-1 Update Roadway Plans WKE/Guida 0 044440442 4 $3,843 -$1,588 $2,255

2.2-1d Update Project Controls Guida 4444 442 4 $3,843 -$1,588 $2,255

2.4 Right of Way Documentation and Engineering Various 10 43 84 700 100 20 20 120 120 1217 $218,098 -$23 $218,075

2.4-1 Activities Various 10 43 84 700 100 20 20 120 120 1217 $218,098 $0 $218,075

2.4-1f Prepare Right-of-Way Appraisal Maps Guida 2 6 260 20 288 $52,779 $52,779

2.4-1g Prepare Acquisition Documents Guida 6 40 46 $8,998 $8,998

2.4-1i Prepare Director's Deed and Plats Guida 2 6 190 198 $37,031 $37,031

2.4-1j Prepare Utility Legal Description and Plat Guida 2 6 250 20 278 $50,951 $50,951

2.4-1k Prepare Parcel Files Guida 6 20 26 $4,514 $4,514

2.4-1n Prepare Right-of-Way Requirement Maps (PD-26) Guida 2 6 40 48 $9,736 $9,736

2.4-1o Additional Design Survey Guida 2 7 4 40 20 20 120 120 333 $54,088 -$23 $54,066 SUBTOTAL - Task 2 - Plan Preparation 10 43 92 708 108 28 20 128 128 1,265 $225,783 -$1,610 $224,173 10 43 92 708 108 28 20 128 128 1,265 $225,783 -$1,610 $224,173 000000000 0 $0 $0 $0
000000000 0 $1,139 $0 $1,139
000000000 0 $13,190 -$21,446 -$8,256
10 43 92 708 108 28 20 128 128 1,265 $240,111.98 -$23,056.81 $217,055.17 SUBTOTAL Subconsultants
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
Guida Surveying

TASK DESCRIPTION FIRM
SUBTOTAL Other Direct Cost
WKE, Inc. 8/5/2019
43 319
HAMNER
, JEWELL AND ASSOCIATES
44 320
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Hamner, Jewell & Associates Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$126,999.33

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Managing Senior Associate 0 $95.00 $0
Right of Way Agent (Sr II) 420 $61.92 $26,006
Right of Way Agent (Sr I) 0 $44.00 $0
Right of Way Agt II 0 $0.00 $0
Right of Way Agt I 0 $0.00 $0
Transaction Coordinators 0 $36.00 $0
Clerical Support 0 $17.74 $0
Project Coordinator 0 $40.87 $0
Project Administrator 0 $0.00 $0
Labor Cost 420 $26,006
Escalation 3% $1,226
Total Direct Labor $27,232

2. Labor Overhead Rate Rate
131.00%
$35,674

3. Travel Est. Cost ($)
a. Transportation $0
b. Per Diem or Subsistence $0
Total Travel $0

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $180,500

6. General & Admin. Expense $0

7. Fee 10% $6,291
TOTAL COST AND FEE TO COMPLETE PROJECT $249,696.72
REMAINING BALANCE ($122,697.39)
TOTAL ESTIMATED AMENDMENT COST AND FEE $126,999.33

CONTRACT PRICING PROPOSAL
530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 RFP PW18-47 Right of Way Services

DETAILED DESCRIPTION OF COST ELEMENTS
45 321
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.580 Mileage $0.00
3a. TOTAL $0.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. TOTAL $180,500.00

TYPE NAME AND TITLE
Lillian Jewell, President and Managing Senior Associate

NAME OF FIRM DATE OF SUBMISSION
Hamner, Jewell & Associates

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019
46 322
Managing Senior
Associate
Right of Way Agent (Sr II)
Right of Way Agent (Sr I)
Right of Way Agt II
Right of Way Agt I
Transaction Coordinators
Clerical Support
Project Coordinator
Project Administrator

TOTAL HOURS

COST TO COMPLETE
CREDIT
COST
Project Billing Rate (Burdened) Project Average
$252.77
$164.75
$117.07
$0.00
$0.00
$95.79
$47.20
$108.75
$0.00
TASK 2 - PLAN PREPARATION

2.4 Right of Way Documentation and Engineering Various 0 420 0000000 4 2 0 $69,197 -$51,489 $17,708

2.4-1 Activities Various 0 420 0000000 4 2 0 $69,197 $0 $69,197

2.4-1a Perform Record Data Search HJA 60 60 $9,885 $9,885

2.4-1b Acquire Title Reports HJA 0$ 0 $ 0

2.4-1g Prepare Acquisition Documents HJA 0$ 0 $ 0

2.4-1l Prepare appraisals (appraisal costs provided in ODC Detail) HJA 110 110 $18,123 $18,123

2.4-1p Acquire Right of Entry Permits HJA 250 250 $41,189 $0 $41,188

2.4-2 Right of Way Acquisition HJA 0 $0 -$51,489 -$51,489 SUBTOTAL - Task 2 - Plan Preparation 0 420 0000000 4 2 0 $69,197 -$51,489 $17,708 0 4 2 0 0000000 4 2 0 $69,197 -$51,489 $17,708
000000000 0 $0 $0 $0
000000000 0 $180,500 -$71,209 $109,291
000000000 0 $ 0 $ 0 $ 0
0 4 2 0 0000000 4 2 0 $249,696.72 -$122,697.39 $126,999.33 SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants
Hamner, Jewell & Associates

TASK DESCRIPTION FIRM
SUBTOTAL Design Phase (Tasks 1 thru 6)
WKE, Inc. 8/5/2019
47 323

KIMLEY-HORN AN

D ASSOCIATES
48 324
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Kimley Horn and Associates, Inc Los Angeles, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$358,457.63

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal in Charge 26 $96.16 $2,500.16
Project Manager 373 $61.06 $22,775.38
Sr. Professional 1 79 $61.30 $4,842.70
Professional 1 833 $45.20 $37,651.60
Professional 2 0 $39.44 $0.00
Professional 3 45 $53.86 $2,423.70
Project Support 0 $51.46 $0.00
Admin Support 0 $26.46 $0.00
Analyst 1,828 $36.54 $66,795.12
Sr. Professional 2 0 $83.18 $0.00
Labor Cost 3,184 $136,989
Escalation 3% $8,804
Total Direct Labor $145,793

2. Labor Overhead Rate Rate
Overhead 197.02% $145,793 $287,241
FCCM 0.51% $145,793 $744
$287,984

3. Travel Est. Cost ($)
a. Transportation $564
b. Per Diem or Subsistence $0
Total Travel $564

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $125

6. General & Admin. Expense $0

7. Fee 10% $43,303
TOTAL COST AND FEE TO COMPLETE PROJECT $477,769.24
REMAINING BALANCE ($119,311.61)
TOTAL ESTIMATED AMENDMENT COST AND FEE $358,457.63

CONTRACT PRICING PROPOSAL
660 South Figueroa St, #2050 Los Angeles, CA 90017 RFP PW18-47 Traffic Design Services

DETAILED DESCRIPTION OF COST ELEMENTS
49 325
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
$10.00 Parking 10 $100.00
$0.580 Mileage 800 $464.00
3a. TOTAL $564.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
Printing (8.5"x11" Black & White) $0.00
Printing (11"x17" Black & White) $0.00
Printing (8.5"x11" Color) $0.00
$0.50 Printing (11"x17" Color) 50 $25.00
$2.00 Full Color Presentation Exhibits 50 $100.00

5. TOTAL $125.00

TYPE NAME AND TITLE

NAME OF FIRM DATE OF SUBMISSION
Kimley Horn and Associates, Inc

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
August 5, 2019
50 326
Principal in Charge
Project Manager
Sr. Professional 1
Professional 1
Professional 2
Professional 3
Project Support
Admin Support
Analyst
Sr. Professional 2

TOTAL HOURS

COST TO COMPLETE
CREDIT
COST
Project Billing Rate (Burdened) Project Average
$334.89
$212.65
$213.48
$157.41
$137.35
$187.57
$179.22
$92.15
$127.26
$289.68
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 5 162 72 364 0 45 0 0 992 0 1640 $243,471 $0 $243,471

2.1-3 Stage Construction, Detours, and TMP K H A 4 9 7 7 2 2 3 4 0000 5 9 2 0 9 9 9 $149,508 $0 $149,508

2.1-3a Transportation Management Plan KHA 1 20 40 72 133 $20,047 $20,047

2.1-3b Stage Construction (Plans, Details, and Quantities) KHA 3 37 32 62 0 0 0 0 180 0 314 $48,370 $0 $48,370

2.1-3b.1 Stage Construction CAS and Index KHA 3 3 5 20 31 $4,975 $4,975

2.1-3b.2 Stage Construction Plans KHA 20 22 30 110 182 $27,670 $27,670

2.1-3b.3 Stage Construction Details KHA 6 5 15 25 51 $7,886 $7,886

2.1-3b.4 Stage Construction Quantity Sheets KHA 8 5 12 25 50 $7,839 $7,839

2.1-3c Traffic Handling Plan Detour (Plans and Quantities) KHA 40 40 132 340 552 $81,091 $81,091

2.1-5 Sign Plans K H A 0 2 5 0 5 0 0000 1 9 0 0 2 6 5 $37,365 $0 $37,365

2.1-5a Sign Plans KHA 15 20 110 145 $20,336 $20,336

2.1-5b Sign Details KHA 5 15 40 60 $8,515 $8,515

2.1-5c Sign Quantities KHA 5 15 40 60 $8,515 $8,515

2.1-6 Electrical Lighting, Signals KHA/LIN 1 40 0 80 0 45 0 0 210 0 376 $56,598 $0 $56,598

2.1-6a Traffic Signals KHA 1 40 80 45 210 376 $56,598 $56,598

2.2 95% PS&E SUBMITTAL Various 3 70 7 154 0000 5 1 1 0 7 4 5 $106,654 -$21,843.10 $84,811

2.2-3 Update Stage Construction and Detours K H A 2 4 0 7 7 6 0000 3 1 4 0 4 3 9 $62,592 -$12,268 $50,324

2.2-3a Update Stage Construction (Plans, Details, and Quantities) KHA 2 20 4 36 0 0 0 0 94 0 156 $23,406 -$5,820 $17,585

2.2-3a-1 Update Stage Construction CAS and Index KHA 2 4 4 10 20 $3,423 -$1,173 $2,250

2.2-3a-2 Update Stage Construction Plans KHA 10 2 20 50 82 $12,065 -$1,672 $10,392

2.2-3a-3 Update Stage Construction Details KHA 4 1 6 20 31 $4,554 -$1,649 $2,905

2.2-3a-4 Update Stage Construction Quantity Sheets KHA 2 1 6 14 23 $3,365 -$1,327 $2,038

2.2-3b Update Traffic Handling Plan Detour (Plans and Quantities) KHA 20 3 40 220 283 $39,186 -$4,531 $34,655

2.2-3c Update Detour Traffic Signal and rail crossing KHA 0 $0 -$1,917 -$1,917

2.2-5 Update Sign Plans K H A 090 4 1 0000 9 7 0 1 4 7 $20,712 -$5,277 $15,435

2.2-5a Update Sign Plans KHA 4 25 60 89 $12,421 -$2,653 $9,768

2.2-5b Update Sign Details KHA 3 10 22 35 $5,012 -$1,470 $3,542

2.2-5c Update Sign Quantities KHA 2 6 15 23 $3,279 -$1,153 $2,125

2.2-6 Update Electrical Lighting, Signals KHA/LIN 0 15 0 25 0000 6 0 0 1 0 0 $14,760 -$2,182 $12,579

2.2-6a Update Traffic Signals KHA 15 25 60 100 $14,760 -$2,182 $12,579

2.2-15 Update TMP KHA 1 6 12 40 59 $8,590 -$2,116 $6,474 Kimley Horn and Associates, Inc

TASK DESCRIPTION FIRM
WKE, Inc. 1/8/2020
51 327
Principal in Charge
Project Manager
Sr. Professional 1
Professional 1
Professional 2
Professional 3
Project Support
Admin Support
Analyst
Sr. Professional 2

TOTAL HOURS

COST TO COMPLETE
CREDIT
COST

TASK DESCRIPTION FIRM

2.3 100% PS&E SUBMITTAL Various 3 71 0 125 0000 2 2 5 0 4 2 4 $64,412 -$70,131 -$5,719

2.3-3 Final Stage Construction and Detours K H A 2 4 0 0 7 5 0000 1 5 2 0 2 6 9 $40,325 -$46,610 -$6,285

2.3-3a Final Stage Construction (Plans, Details, and Quantities) KHA 2 20 0 35 0 0 0 0 72 0 129 $19,595 -$20,063 -$469

2.3-3a.1 Final Stage Construction CAS and Index KHA 2 3 2 5 12 $2,259 -$1,584 $674

2.3-3a.2 Final Stage Construction Plans KHA 10 20 40 70 $10,365 -$11,364 -$999

2.3-3a.3 Final Stage Construction Details KHA 5 8 15 28 $4,231 -$4,439 -$208

2.3-3a.4 Final Stage Construction Quantity Sheets KHA 2 5 12 19 $2,739 -$2,675 $64

2.3-3b Final Traffic Handling Plan Detour (Plans and Quantities) KHA 20 40 80 140 $20,730 -$20,243 $487

2.3-3c Final Detour Traffic Signal and rail crossing KHA 0 $0 -$6,303 -$6,303

2.3-5 Final Sign Plans K H A 0 1 3 0 2 2 0000 4 5 08 0 $11,954 -$11,673 $281

2.3-5a Final Sign Plans KHA 5 10 25 40 $5,819 -$5,682 $137

2.3-5b Final Sign Details KHA 3 7 10 20 $3,012 -$2,942 $71

2.3-5c Final Sign Quantities KHA 5 5 10 20 $3,123 -$3,050 $73

2.3-6 Final Electrical Lighting, Signals KHA/LIN 0 10 0 10 0000 2 0 04 0 $6,246 -$6,099 $147

2.3-6a Final Traffic Signals KHA 10 10 20 40 $6,246 -$6,099 $147

2.3-12 Final Reports WKE/KHA 1 8 0 18 0000803 5 $5,888 -$5,749 $138

2.3-12a Final Drainage Report WKE 0$ 0 $ 0

2.3-12b Final SWDR WKE 0$ 0 $ 0

2.3-12c Final TMP KHA 1 8 18 8 35 $5,888 -$5,749 $138
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 15 35 0 120 000000 1 7 0 $31,356 -$13,013 $18,343

3.1a 65% Specifications Various 5 10 40 55 $10,098 $10,098

3.1b 95% Specifications Various 5 20 60 85 $15,372 -$8,802 $6,570

3.1c 100% Specifications Various 5 5 20 30 $5,886 -$4,211 $1,675 SUBTOTAL - Task 3 - Specification Preparation 15 35 0 120 000000 1 7 0 $31,355.82 -$13,013 $18,343 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate Various 0 35 0 70 0000 1 0 0 0 2 0 5 $31,187 -$13,916 $17,272

4.1a 65% Engineer's Estimate Various 10 40 40 90 $13,513 $13,513

4.1b 95% Engineer's Estimate Various 20 20 40 80 $12,491 -$8,855 $3,637

4.1c 100% Engineer's Estimate Various 5 10 20 35 $5,182 -$5,061 $122

4.1d Alt 3a and 3b Engineer's Estimate WKE 0$ 0 $ 0
SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 0 35 0 70 0000 1 0 0 0 2 0 5 $31,187 -$13,916 $17,272 26 373 79 833 0 45 0 0 1,828 0 3,184 $477,080 -$118,903 $358,177 0000000000 0 $0 $0 $0
0000000000 0 $689 -$409 $280
0000000000 0 $ 0 $ 0 $ 0
26 373 79 833 0 45 0 0 1,828 0 3,184 $477,769.24 -$119,311.61 $358,457.63TOTAL SUBTOTAL Subconsultants
SUBTOTAL Other Direct Cost
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
WKE, Inc. 1/8/2020
52 328
KENNED

Y/JENKS CONSULTANTS
53 329
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Kennedy/Jenks Consultants Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$143,356.20

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Engineer 8 224 $78.61 $17,609
Engineer 7 0 $0
Engineer 6 338 $58.23 $19,682
Engineer 5 80 $57.99 $4,639
Engineer 4 0 $0
Engineer 3 0 $41.10 $0
CAD Design 0 $0.00 $0
Sr. CAD-Tech 440 $34.85 $15,334
Project Administrator 35 $33.29 $1,165
Labor Cost 1,117 $58,429
Escalation 3% $3,482
Total Direct Labor $61,910

2. Labor Overhead Rate Rate
194.90%
$120,663

3. Travel Est. Cost ($)
a. Transportation $870
b. Per Diem or Subsistence $0
Total Travel $870

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $552

6. General & Admin. Expense

7. Fee 10% $18,257
TOTAL COST AND FEE TO COMPLETE PROJECT $202,252.85
REMAINING BALANCE ($58,896.65)
TOTAL ESTIMATED AMENDMENT COST AND FEE $143,356.20

CONTRACT PRICING PROPOSAL
2775 N. Ventura Road, Oxnard, CA 93036 RFP PW18-47
Utility Design Services

DETAILED DESCRIPTION OF COST ELEMENTS
54 330
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.580 Mileage 1500 $870.00
3a. TOTAL $870.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.12 Printing (8.5"x11" Black & White) 2,000 $240.00
$0.13 Printing (11"x17" Black & White) 240 $31.20
$0.25 Printing (8.5"x11" Color) $0.00
$0.50 Printing (11"x17" Color) $0.00
$2.70 Full Color Presentation Exhibits $0.00
$0.60 Printing (24"x36" Bond) 240 $144.00
$5.70 Printing (24"x36" Mylar) 24 $136.80

5. TOTAL $552.00

TYPE NAME AND TITLE
Jeff Savard,Vice President

NAME OF FIRM DATE OF SUBMISSION
Kennedy/Jenks Consultants

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
July 30, 2019
55 331
Engineer 8
Engineer 7
Engineer 6
Engineer 5
Engineer 3
Sr. CAD-Tech
Project Administrator

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$270.20
$0.00
$200.15
$199.32
$141.27
$119.79
$114.42
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 75 0 88 28 0 154 8 353 $62,821 $0 $62,821

2.1-10 Utility Plans WKE/KJC 75 0 88 28 0 154 8 353 $62,821 $0 $62,821

2.1-10d City Sewer Line KJC 19 23 7 38 2 89 $15,913 $15,913

2.1-10e City Water Line KJC 37 44 14 78 4 177 $31,395 $31,395

2.1-10f United Water Conservation District Water Line KJC 19 21 7 38 2 87 $15,513 $15,513

2.2 95% PS&E SUBMITTAL Various 92 0 113 36 0 198 9 448 $79,398 -$11,978 $67,420

2.2-10 Update Utility Plans WKE/KJC 92 0 113 36 0 198 9 448 $79,398 -$11,978 $67,420

2.2-10d City Sewer Line KJC 23 30 9 50 2 114 $20,231 -$2,583 $17,648

2.2-10e City Water Line KJC 46 56 18 98 5 223 $39,536 -$4,313 $35,223

2.2-10f United Water Conservation District Water Line KJC 23 27 9 50 2 111 $19,631 -$3,657 $15,973

2.2-10g City 36" Sewer Line South of SR 34 (Optional) KJC 0 $0 -$1,425 -$1,425

2.3 100% PS&E SUBMITTAL Various 38 0 49 16 0 88 4 195 $34,263 -$46,259 -$11,996

2.3-10 Final Utility Plans WKE/KJC 38 0 49 16 0 88 4 195 $34,263 -$46,259 -$11,996

2.3-10d City Sewer Line KJC 11 12 5 22 1 51 $9,120 -$12,334 -$3,214

2.3-10e City Water Line KJC 19 25 8 44 2 98 $17,231 -$15,357 $1,874

2.3-10f United Water Conservation District Water Line KJC 8 12 3 22 1 46 $7,911 -$13,222 -$5,311

2.3-10g City 36" Sewer Line South of SR 34 (Optional) KJC 0 $0 -$5,345 -$5,345 SUBTOTAL - Task 2 - Plan Preparation 205 0 250 80 0 440 21 996 $176,482 -$58,238 $118,245 Kennedy/Jenks Consultants

TASK DESCRIPTION FIRM
WKE, Inc. 8/5/2019
56 332
Engineer 8
Engineer 7
Engineer 6
Engineer 5
Engineer 3
Sr. CAD-Tech
Project Administrator

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

TASK DESCRIPTION FIRM
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 12 0 48 0 0 0 14 74 $14,451 $0 $14,451

3.1a 65% Specifications Various 6 24 8 38 $7,340 $7,340

3.1b 95% Specifications Various 4 20 4 28 $5,541 $5,541

3.1c 100% Specifications Various 2 4 2 8 $1,570 $1,570
SUBTOTAL - Task 3 - Specification Preparation 12 0 48 0 0 0 14 74 $14,451.40 $0 $14,451 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate V a r i o u s 70 4 0 00004 7 $ 9 , 8 9 7 $ 0 $ 9 , 8 9 7

4.1a 65% Engineer's Estimate Various 4 24 28 $5,884 $5,884

4.1b 95% Engineer's Estimate Various 2 12 14 $2,942 $2,942

4.1c 100% Engineer's Estimate Various 1 4 5 $1,071 $1,071 SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 7 0 40 00004 7 $ 9 , 8 9 7 $ 0 $ 9 , 8 9 7 224 0 338 80 0 440 35 1,117 $200,831 -$58,238 $142,593
0000000 0 $0 $0 $0
0000000 0 $1,422 -$659 $763
0000000 0 $0 $0 $0
224 0 338 80 0 440 35 1,117 $202,252.85 -$58,896.65 $143,356.20 SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants
WKE, Inc. 8/5/2019
57 333

LIN CONS

ULTANTS
58 334
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
LIN Consulting, Inc. Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$34,503.28

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal 48 $68.50 $3,288
Senior Project Manager 140 $62.23 $8,712
Project Engineer 253 $32.10 $8,120
Assistant Engineer 129 $20.58 $2,655
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
Labor Cost 570 $22,775
Escalation 3% $1,497
Total Direct Labor $24,272

2. Labor Overhead Rate Rate
155.00%
$37,621

3. Travel Est. Cost ($)
a. Transportation $408
b. Per Diem or Subsistence $0
Total Travel $408

4. Subcontractors/Suppliers Est. Cost ($)
None
Total Subcontractors/Suppliers $0

5. Other Direct Costs $0

6. General & Admin. Expense $0

7. Fee 10% $6,189
TOTAL COST AND FEE TO COMPLETE PROJECT $68,490.51
REMAINING BALANCE ($33,987.23)
TOTAL ESTIMATED AMENDMENT COST AND FEE $34,503.28

CONTRACT PRICING PROPOSAL
21660 Copley Drive, Diamond Bar, CA 91765 RFP PW18-47
Street Lighting and Interconnect Design Services

DETAILED DESCRIPTION OF COST ELEMENTS
59 335
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
$20.00 Parking 3 $60.00
$0.580 Mileage 600 $348.00
3a. TOTAL $408.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. TOTAL $0.00

TYPE NAME AND TITLE
William Sun/Vice President

NAME OF FIRM DATE OF SUBMISSION
LIN Consulting, Inc.

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
60 336
Principal
Senior Project Manager
Project Engineer
Assistant Engineer

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$204.77
$186.03
$95.94
$61.52
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 12 50 114 50 226 $25,772 $0 $25,772

2.1-6 Electrical Lighting, Signals KHA, LIN 12 50 114 50 226 $25,772 $0 $25,772

2.1-6b Modifying Existing Electrical Systems LIN 9 40 90 30 169 $19,765 $19,765

2.1-6c Electrical System Details LIN 2 6 16 16 40 $4,045 $4,045

2.1-6d Electrical System Quantities LIN 14841 7 $1,963 $1,963

2.2 95% PS&E SUBMITTAL WKE 8 26 78 38 150 $16,296 -$11,961 $4,335

2.2-6 Update Electrical Lighting, Signals KHA, LIN 8 26 78 38 150 $16,296 -$11,961 $4,335

2.2-6b Update Modifying Existing Electrical Systems LIN 5 20 60 20 105 $11,731 -$8,886.88 $2,845

2.2-6c Update Electrical System Details LIN 2 4 12 12 30 $3,043 -$1,761.44 $1,282

2.2-6d Update Electrical System Quantities LIN 12661 5 $1,522 -$1,313.00 $209

2.3 100% PS&E SUBMITTAL WKE 5 17 45 23 90 $9,919 -$8,244 $1,675

2.3-6 Final Electrical Lighting, Signals KHA, LIN 5 17 45 23 90 $9,919 -$8,244 $1,675

2.3-6b Final Modifying Existing Electrical Systems LIN 3 12 33 11 59 $6,689 -$5,810 $879

2.3-6c Final Electrical System Details LIN 13882 0 $2,023 -$1,276 $747

2.3-6d Final Electrical System Quantities LIN 12441 1 $1,207 -$1,158 $49 SUBTOTAL - Task 2 - Plan Preparation 25 93 237 111 466 $51,987 -$20,205 $31,782 LIN Consulting, Inc.

TASK DESCRIPTION FIRM
WKE, Inc. 8/5/2019
61 337
Principal
Senior Project Manager
Project Engineer
Assistant Engineer

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

TASK DESCRIPTION FIRM
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications WKE 20 38 0 0 58 $11,164 -$10,541 $623

3.1a 65% Specifications WKE 4 6 10 $1,935 $1,935

3.1b 95% Specifications WKE 10 20 30 $5,768 -$8,685 -$2,916

3.1c 100% Specifications WKE 6 12 18 $3,461 -$1,857 $1,604 SUBTOTAL - Task 3 - Specification Preparation 20 38 0 0 58 $11,164.43 -$10,541 $623 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate WKE 3 9 16 18 46 $4,931 -$2,796 $2,135

4.1a 65% Engineer's Estimate WKE 14681 9 $2,017 $2,017

4.1b 95% Engineer's Estimate WKE 13661 6 $1,708 -$1,638 $69

4.1c 100% Engineer's Estimate WKE 12441 1 $1,207 -$1,158 $49 SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 3 9 16 18 46 $4,931 -$2,796 $2,135 48 140 253 129 570 $68,083 -$33,543 $34,540
0000 0 $0 $0 $0
0000 0 $408 -$444 -$36
0000 0 $ 0 $ 0 $ 0
48 140 253 129 570 $68,490.51 -$33,987.23 $34,503.28
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants
WKE, Inc. 8/5/2019
62 338

PACRIM EN

GINEERING
63 339
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
PacRim Engineering Inc. Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
($92,516.91)

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal Engr 52 $97.00 $5,044
Project Manager 150 $69.00 $10,350
Project Engr 211 $46.60 $9,833
Designer 204 $34.10 $6,956
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
Labor Cost 617 $32,183
Escalation 3% $1,917
Total Direct Labor $34,100

2. Labor Overhead Rate Rate
166.00%
$56,607

3. Travel Est. Cost ($)
a. Transportation $174
b. Per Diem or Subsistence $0
Total Travel $174

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $540

6. General & Admin. Expense 0% 0

7. Fee 10% $9,071
TOTAL COST AND FEE TO COMPLETE PROJECT $100,491.77
REMAINING BALANCE ($193,008.68)
TOTAL ESTIMATED AMENDMENT COST AND FEE ($92,516.91)

CONTRACT PRICING PROPOSAL
3450 Wilshire Blvd., Suite 1118, Los Angeles, CA 90010 RFP PW18-47 MSE Walls Design Services

DETAILED DESCRIPTION OF COST ELEMENTS
64 340
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking $0.00
$0.580 Mileage 300 $174.00
3a. TOTAL $174.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.15 Printing (8.5"x11" Black & White on Bond) 1,000 $150.00 $0.45 Printing (11"x17" Black & White on Bond) 200 $90.00 $0.50 Printing (8.5"x11" Color on Bond) 200 $100.00
$1.00 Printing (11"x17" Color on Bond) 200 $200.00
Full Color Presentation Exhibits on Bond $0.00

5. TOTAL $540.00

TYPE NAME AND TITLE
Peter Liu, Principal

NAME OF FIRM DATE OF SUBMISSION
PacRim Engineering Inc

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
65 341
Principal Engr
Project Manager
Project Engr
Designer

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$300.73
$213.92
$144.48
$105.72
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 12 24 60 60 156 $23,755 $0 $23,755

2.1-9 Retaining Wall Plans Various 12 24 60 60 156 $23,755 $0 $23,755

2.1-9h Retaining Wall 1 - Alternative 3B PacRim 12 24 60 60 156 $23,755 $23,755

2.2 95% PS&E SUBMITTAL Various 18 32 80 80 210 $32,274 -$118,478 -$86,204

2.2-9 Update Retaining Wall Plans Various 18 32 80 80 0 $32,274 -$118,478 -$86,204

2.2-9b Retaining Wall 1 PacRim 0 $0 -$54,596 -$54,596

2.2-9e Retaining Wall 4 WKE/PacRim 0 $0 -$29,693 -$29,693

2.2-9f Retaining Wall 5 WKE/PacRim 0 $0 -$34,189 -$34,189

2.2-9h Retaining Wall 1 - Alternative 3B PacRim 18 32 80 80 210 $32,274 $32,274

2.3 100% PS&E SUBMITTAL Various 12341 0 $1,585 -$4,588 -$3,003

2.3-9 Final Retaining Wall Plans Various 12341 0 $1,585 -$4,588 -$3,003

2.3-9b Retaining Wall 1 PacRim 0 $0 -$4,588 -$4,588

2.3-9h Retaining Wall 1 - Alternative 3B PacRim 12341 0 $1,585 $1,585 SUBTOTAL - Task 2 - Plan Preparation 31 58 143 144 376 $57,614 -$123,066 -$65,452 PacRim Engineering Inc.

TASK DESCRIPTION FIRM
WKE, Inc. 8/5/2019
66 342
Principal Engr
Project Manager
Project Engr
Designer

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)

TASK DESCRIPTION FIRM
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 12 48 20 0 80 $16,767 -$15,471 $1,296

3.1a 65% Specifications Various 2 8 4 14 $2,891 $2,891

3.1b 95% Specifications Various 8 32 8 48 $10,407 -$11,571 -$1,164

3.1c 100% Specifications Various 2 8 8 18 $3,469 -$3,900 -$431 SUBTOTAL - Task 3 - Specification Preparation 12 48 20 0 80 $16,766.56 -$15,471 $1,296 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate Various 9 44 48 60 161 $25,397 -$53,074 -$27,677

4.1a 65% Engineer's Estimate Various 3 8 8 12 31 $5,038 $5,038

4.1b 95% Engineer's Estimate Various 3 24 24 32 83 $12,887 -$43,565 -$30,678

4.1c 100% Engineer's Estimate Various 3 12 16 16 47 $7,472 -$9,509 -$2,036

4.1d Alt 3a and 3b Engineer's Estimate WKE 0 $0 $0
SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 9 44 48 60 161 $25,397 -$53,074 -$27,677 52 150 211 204 617 $99,778 -$191,611 -$91,833
0000 0 $0 $0 $0
0000 0 $714 -$1,398 -$684
0000 0 $ 0 $ 0 $ 0
52 150 211 204 617 $100,491.77 -$193,008.68 -$92,516.91 SUBTOTAL Subconsultants
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
WKE, Inc. 8/5/2019
67 343
PADRE
68 344
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Padre Associates, Inc. Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
($5.00)

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Principal Professional 0 $160.00 $0
Senior Professional 0 $140.00 $0
Project Professional 0 $110.00 $0
Drafting 0 $70.00 $0
Word Processing 0 $60.00 $0
0$ 0
0$ 0
0$ 0
0$ 0
Labor Cost 0 $0
Escalation 0% $0
Total Direct Labor $0

2. Labor Overhead Rate Rate

0.00%
$0

3. Travel Est. Cost ($)
a. Transportation $0
b. Per Diem or Subsistence $0
Total Travel $0

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $0

6. General & Admin. Expense

7. Fee 0% $0
$0.00

8. Credit ($5.00)
TOTAL ESTIMATED COST AND FEE ($5.00)

CONTRACT PRICING PROPOSAL
2775 N. Ventura Road, Oxnard, CA 93036 RFP PW18-47
Utility Coordination Services

DETAILED DESCRIPTION OF COST ELEMENTS
69 345
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
Parking 0 $0.00
$0.545 Mileage 0 $0.00
3a. TOTAL $0.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.12 Printing (8.5"x11" Black & White) 0 $0.00
$0.13 Printing (11"x17" Black & White) 0 $0.00
$0.25 Printing (8.5"x11" Color) 0 $0.00
$0.50 Printing (11"x17" Color) 0 $0.00
$2.70 Full Color Presentation Exhibits 0 $0.00
$0.60 Printing (24"x36" Bond) 0 $0.00
$5.70 Printing (24"x36" Mylar) 0 $0.00

5. TOTAL $0.00

TYPE NAME AND TITLE
Jeff Savard,Vice President

NAME OF FIRM DATE OF SUBMISSION
Padre Associates, Inc.

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
70 346
Principal Professional
Senior Professional
Project Professional
Drafting
Word Processing

0.00 0.00

TOTAL HOURS

COST TO COMPLETE

REMAINING BALANCE

AMENDMENT COST
------------------------------
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$160.00
$140.00
$110.00
$70.00
$60.00
$0.00
$0.00
$0.00
$0.00
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 000000000 0 $ 0 - $ 5 - $ 5

2.1-10 Utility Plans WKE/KJC 000000000 0 $ 0 $ 0 - $ 5

2.1-10i Well Abandonment Work Plan/Site Health & Safety Plan/Permitting Padre 0 $0 -$5 -$5 SUBTOTAL - Task 2 - Plan Preparation 000000000 0 $ 0 - $ 5 - $ 5 000000000 0 $0 -$5 -$5
000000000 0 $0 $0 $0
000000000 0 $0 $0 $0
000000000 0 $ 0 $ 0 $ 0
000000000 0 $0.00 -$5.00 -$5.00
Padre Associates, Inc
SUBTOTAL Design Phase (Tasks 1 thru 6)
SUBTOTAL Construction Phase (Task 7)
TOTAL
TASK
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants

DESCRIPTION FIRM
WKE, Inc. 8/5/2019
71 347

TATSUMI AND PARTNERS
72 348
City of Oxnard - Rice Avenue Grade Separation at Fifth Street/UPRR Tracks Name of Proposer DIVISIONS/LOCATIONS
Tatsumi and Partners, Inc. Ventura, CA
Home Office Address CONTRACT NO.

Services to be Performed TOTAL AMOUNT OF PROPOSAL
$21,635.17

1. Direct Labor (Specify) Estimated Rate/Hour Est. Cost ($) Total Est. Cost Hours
Senior Principal 14 $92.31 $1,292
Senior Associate 0 $51.00 $0
Associate 193 $44.00 $8,492
Senior Technical Staff 364 $38.50 $14,014
Technical Staff 418 $36.50 $15,257
Landscape Staff 220 $27.00 $5,940
0 $0.00 $0
0 $0.00 $0
0 $0.00 $0
Labor Cost 1,209 $44,995
Escalation 3% $2,637
Total Direct Labor $47,632

2. Labor Overhead Rate Rate
162.00%
$77,164

3. Travel Est. Cost ($)
a. Transportation $156
b. Per Diem or Subsistence $0
Total Travel $156

4. Subcontractors/Suppliers Est. Cost ($)
Total Subcontractors/Suppliers $0

5. Other Direct Costs $139

6. General & Admin. Expense

7. Fee 10% $12,480
TOTAL COST AND FEE TO COMPLETE PROJECT $137,570.72
REMAINING BALANCE ($115,935.55)
TOTAL ESTIMATED AMENDMENT COST AND FEE $21,635.17

CONTRACT PRICING PROPOSAL
49 Discovery Suite 120 Irvine Ca 92618 RFP PW18-47
Landscape Design Services

DETAILED DESCRIPTION OF COST ELEMENTS
73 349
ITEM NO. ITEM DESCRIPTION NUMBER EST. COST ($)
3a. Travel - Transportation
$10.00 Parking 4 $40.00
$0.580 Mileage 200 $116.00
3a. TOTAL $156.00
3b. Travel - Per Diem or Subsistence Subsistence (Meals) 3b. TOTAL $0.00

5. Other Direct Costs
Unit Cost Reproduction Number
$0.05 Printing (8.5"x11" Black & White on Bond) 50 $2.50 $0.10 Printing (11"x17" Black & White on Bond) 100 $10.00 $0.45 Printing (8.5"x11" Color on Bond) 20 $9.00
$0.90 Printing (11"x17" Color on Bond) 50 $45.00
$9.00 Full Color Presentation Exhibits on Bond 8 $72.00

5. TOTAL $138.50

TYPE NAME AND TITLE
David Tatsumi, President

NAME OF FIRM DATE OF SUBMISSION
Tatsumi and Partners, Inc.

CONTRACT PRICING PROPOSAL

SUPPORTING SCHEDULE
74 350
Senior Principal
Senior Associate
Associate
Senior Technical Staff
Technical Staff
Landscape Staff

TOTAL HOURS

COST TO COMPLETE
Remaining Balance
Amendment Cost
(Cost to Complete -
Remaining Balance)
Project Billing Rate (Burdened) Project Average
$281.63
$155.60
$134.24
$117.46
$111.36
$82.37
TASK 2 - PLAN PREPARATION

2.1 65% PS&E SUBMITTAL Various 10 0 110 184 236 104 644 $74,043 $0 $74,043

2.1-2 Drainage Plans WKE/Tatsumi 8 0 46 46 58 36 194 $23,255 $0 $23,255

2.1-2d Erosion Control Plans Tatsumi 8 46 46 58 36 194 $23,255 $23,255

2.1-7 Irrigation Plans Tatsumi 0 0 32 90 114 60 296 $32,504 $0 $32,504

2.1-7a Irrigation Removals Tatsumi 12 28 46 16 102 $11,340 $11,340

2.1-7b Irrigation Plans Tatsumi 12 46 52 36 146 $15,770 $15,770

2.1-7c Irrigation Quantities Tatsumi 8 16 16 8 48 $5,394 $5,394

2.1-8 Bridge Plans (Unchecked Details) WKE/Tatsumi 1 0 16 24 32 4 77 $9,141 $0 $9,141

2.1-8b Aesthetics Structures Details Tatsumi 1 16 24 32 4 77 $9,141 $9,141

2.1-9 Retaining Wall Plans Various 1 0 16 24 32 4 77 $9,141 $0 $9,141

2.1-9g Aesthetics Wall Details Tatsumi 1 16 24 32 4 77 $9,141 $9,141

2.2 95% PS&E SUBMITTAL Various 3 0 30 96 106 52 287 $32,236 -$85,322 -$53,087

2.2-2 Update Drainage Plans WKE/Tatsumi 1 0 8 24 24 8 65 $7,506 -$19,891 -$12,385

2.2-2d Update Erosion Control Plans Tatsumi 1 8 24 24 8 65 $7,506 -$19,891 -$12,385

2.2-7 Update Irrigation Plans Tatsumi 0 0 6 36 52 28 122 $13,131 -$36,797 -$23,666

2.2-7a Update Irrigation Removals Tatsumi 1 12 16 8 37 $3,984 -$12,264 -$8,279

2.2-7b Update Irrigation Plans Tatsumi 4 20 28 16 68 $7,322 -$18,872 -$11,550

2.2-7c Update Irrigation Quantities T a t s u m i 14841 7 $ 1 , 8 2 4 - $ 5 , 6 6 1 - $ 3 , 8 3 7

2.2-8 Update Bridge Plans WKE/Tatsumi 1 0 8 18 12 8 47 $5,465 -$12,081 -$6,616

2.2-8b Update Aesthetics Structures Details Tatsumi 1 8 18 12 8 47 $5,465 -$12,081 -$6,616

2.2-9 Update Retaining Wall Plans Various 1 0 8 18 18 8 53 $6,133 -$16,554 -$10,420

2.2-9g Update Aesthetics Wall Details Tatsumi 1 8 18 18 8 53 $6,133 -$16,554 -$10,420

2.3 100% PS&E SUBMITTAL Various 1 0 17 44 34 32 128 $14,154 -$13,651 $503

2.3-2 Final Drainage Plans WKE/Tatsumi 0 0 8 12 8 8 36 $4,033 -$3,890 $143

2.3-2c Final Erosion Control Plans Tatsumi 8 12 8 8 36 $4,033 -$3,890 $143

2.3-7 Final Irrigation Plans Tatsumi 0 0 4 16 12 12 44 $4,741 -$4,573 $168

2.3-7a Final Irrigation Removals T a t s u m i 16441 5 $ 1 , 6 1 4 - $ 1 , 5 5 7 $ 5 7

2.3-7b Final Irrigation Plans T a t s u m i 26882 4 $ 2 , 5 2 3 - $ 2 , 4 3 3 $ 9 0

2.3-7c Final Irrigation Quantities Tatsumi 1 4 5 $604 -$583 $21

2.3-8 Final Bridge Plans W K E / T a t s u m i 0048862 6 $ 2 , 8 6 2 - $ 2 , 7 6 0 $102

2.3-8b Final Aesthetics Structures Details T a t s u m i 48862 6 $ 2 , 8 6 2 - $ 2 , 7 6 0 $102

2.3-9 Final Retaining Wall Plans V a r i o u s1018662 2 $ 2 , 5 1 8 - $ 2 , 4 2 8 $ 8 9

2.3-9g Final Aesthetics Wall Details T a t s u m i1 18662 2 $ 2 , 5 1 8 - $ 2 , 4 2 8 $ 8 9 SUBTOTAL - Task 2 - Plan Preparation 14 0 157 324 376 188 1,059 $120,432 -$98,974 $21,459 Tatsumi and Partners, Inc.

TASK DESCRIPTION FIRM
WKE, Inc. 8/5/2019
75 351
Senior Principal
Senior Associate
Associate
Senior Technical Staff
Technical Staff
Landscape Staff

TOTAL HOURS

COST TO COMPLETE
Remaining Balance
Amendment Cost
(Cost to Complete -
Remaining Balance)
Tatsumi and Partners, Inc.

TASK DESCRIPTION FIRM
TASK 3 - SPECIFICATION PREPARATION

3.1 Bid Specifications Various 0 0 28 24 14 14 80 $9,290 -$8,960 $330

3.1a 65% Specifications V a r i o u s 62221 2 $ 1 , 4 2 8 $ 1 , 4 2 8

3.1b 95% Specifications Various 12 14 8 8 42 $4,805 -$6,012 -$1,206

3.1c 100% Specifications Various 10 8 4 4 26 $3,057 -$2,948 $109 SUBTOTAL - Task 3 - Specification Preparation 0 0 28 24 14 14 80 $9,289.99 -$8,960 $330 TASK 4 - ENGINEER'S ESTIMATE OF PROBABLE COST

4.1 Engineer's Estimate Various 0 0 8 16 28 18 70 $7,554 -$7,286 $268

4.1a 65% Engineer's Estimate Various 4 10 16 10 40 $4,317 $4,317

4.1b 95% Engineer's Estimate Various 2 4 10 4 20 $2,181 -$6,268 -$4,086

4.1c 100% Engineer's Estimate V a r i o u s 22241 0 $ 1 , 0 5 6 - $ 1 , 0 1 8 $ 3 8 SUBTOTAL - Task 4 - Engineer's Estimate of Probable Cost 0 0 8 16 28 18 70 $7,554 -$7,286 $268 14 0 193 364 418 220 1,209 $137,276 -$115,219 $22,057
000000 0 $0 $0 $0
000000 0 $295 -$716 -$422
000000 0 $0 $0 $0
14 0 193 364 418 220 1,209 $137,570.72 -$115,935.55 $21,635.17 SUBTOTAL Construction Phase (Task 7)
TOTAL
SUBTOTAL Other Direct Cost
SUBTOTAL Subconsultants
SUBTOTAL Design Phase (Tasks 1 thru 6)
WKE, Inc. 8/5/2019
76 352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411

UP Real Estate Folder No.: __________
State Agreement Number 07R292
City of Oxnard Agreement No. A-8257
EA 7-31780
PID 0715000274
7-VEN-34 PM 6.2/6.6
DOT Number 745855H
DOT Number 978402K
Railroad Milepost 406.230
Santa Barbara Subdivision

1 PUBLIC HIGHWAY OVERPASS AGREEMENT

RICE AVENUE OVERPASS

THIS AGREEMENT ("Agreement") is made and entered into as of the __________ day of ________________, 20___ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") the City of Oxnard, a California Municipal Corporation to be addressed at 300 W 3 rd Street, (“City”) and the STATE OF CALIFORNIA acting by and through its Department of Transportation to be addressed at 1120 N St., MS 37, Sacramento, CA 95814 ("State") collectively referred to herein as the “Parties”.

City and State may be collectively referred to herein as the “Public Agency”.

RECITALS:

A. By way of a Street or Highway Easement, Southern Pacific, a former corporation, granted the County of Ventura on April 8, 1969 the right to construct, reconstruct, maintain and use a street or highway across the real property identified as the Rice Avenue At Grade Crossing DOT Number 745855H. Southern Pacific granted by way of a Street or Highway Easement to the City of Oxnard on June 23, 1989 the right to construct, reconstruct, maintain an at grade crossing at Rice Avenue, including the installation of automatic safety devices at the crossing referred to herein as the Existing Crossing (“Existing Crossing”). Railroad is the successor in interest to Southern Pacific Railroad Company.

B. In conjunction with State and Railroad, City proposes to eliminate the Existing Crossing in the vicinity of the intersection of State Route 34 and Rice Avenue (State Route 1) in the City of Oxnard, Ventura County, State of California and replace it with 6-lane overpass structure (the “Structure”) to be identified as DOT No. 978402K hereafter referred to as the Project (the “Project”.)

412

2 C. The proposed Structure will be located 250 feet East of the Existing Crossing and will consist of three lanes of traffic in both directions (“the Structure”). Upon the completion of the Structure and when the Rice Avenue traffic has shifted to the new Structure, Railroad will permanently close the Existing Crossing removing all elements. Upon the closure of the Existing Crossing and receipt of Railroad’s contribution to the cost of the Structure, City will relinquish to Railroad its property rights to the Crossing Area as defined herein as Exhibit A-4.

D. Pursuant to 23 CFR §646.210(b)(3), Railroad is contributing five percent (5%) of the costs attributable to a Theore tical Structure as defined in 23 CFR §§646.210(c)(1) and (c)(2), as set forth below in this agreement (Section 3) (the “Contribution Amount”).

E. Upon the execution of this Agreement, Railroad and State will endorse the General Order 88b application submitted by City to the California Public Utilities Commission for Project’s authorization.

F. Upon completion of the Structure and its final acceptance by City and State, Structure will be considered part of the State’s Right of Way. City and State agree that State will maintain the superstructure and substructure while City will maintain the roadway surface and lighting. These responsibilities are set forth in a separate highway maintenance agreement between City and State executed on July 6, 2021.

G. The new Structure will clear span Railroad’s right of way at a location 250 feet East of the Existing Crossing. The New Crossing Area is shown on the print marked Exhibit A. The proposed right of way is described and shown in the legal description and survey marked Exhibit A-1 with each exhibit being attached hereto and hereby made a part hereof. The type, size and location prints of the Structure are marked Exhibit A-2, attached hereto and hereby made a part hereof. The Project’s Construction Area is identified in Exhibit A-3.

413

3 H. State will require aerial easement rights for the new Structure as well as temporary rights for construction activities from Railroad as shown described in Exhibit A-1 attached hereto and hereby made a part hereof:
a. 16,442 s.f. permanent aerial easement identified as State Parcel 81217-1. b. 11,321 s.f. temporary construction easement for a period of 53 months identified as State Parcel 81217-2.
c. 7,991 s.f. temporary construction easement for a period of 53 months identified as State Parcel 81218-1.

I. List of exhibits. The following exhibits are hereby incorporated by reference into the Agreement as though fully set forth therein:

Exhibit A Crossing Location Print
Exhibit A-1 Legal Description and survey of Parcels 81217 -1, 81217-2 and 81218- 1 Exhibit A-2 Structure’s general type, size and profile Exhibit A-3 Map of Construction Area
Exhibit A-4 Area to be Relinquished to Railroad
Exhibit B Public Highway Overpass Agreement
Exhibit C Railroad Cost Estimate
Exhibit C-1 Estimate of Railroad’s Theoretical Cost Contribution Exhibit D Railroad Coordination Requirements
Exhibit E Contractor’s Right of Entry Agreement
Exhibit F UPRR & BNSF Guidelines for Railroad Grade Separation Projects

Railroad, City and State are entering into this Agreement to ratify herein their respective obligations as stated above. The Recitals set forth above are true and correct and are hereby incorporated by reference into the Agreement as though fully set forth herein.

AGREEMENT:

414

4 NOW, THEREFORE, in consideration of the covenants , conditions and promises contained herein and for such other good and valuable consideration, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBITS B AND D

A. The general terms and conditions marked Exhibit B, and the Railroad’s Coordination Requirements marked Exhibit D, are attached hereto and hereby incorporated by reference into the Agreement. In the event any of the work upon property of Railroad, as herein contemplated, will be advertised for bids by City , the awarded contract shall include Exhibits B and D.

B. Railroad shall have the right to amend its individual Insurance Requirements and Minimum Requirements from time to time to conform to its standard provisions.

C. City is self -insured and will maintain s elf-insured status during the performance of the work associated with the Project. City agrees to indemnify Railroad against any and all claims arising out of the work performed on the Project as set forth further in this Agreement and consistent with Exhibits B and D.

Section 2. GRANT OF EASEMENT

Upon completion of the execution of this Agreement and Railroad’s receipt from State of XXXX THOUSAND DOLLARS ($XX,000), the Railroad shall execute and deliver to the State a permanent aerial easement identified as State Parcel 81217- 1 in the form marked Exhibit A-3 , attached hereto and hereby made a part hereof, for the property described and shown on Exhibit A-1.

For a nd in consideration of $$$ dollars ($$,000) , the Railroad hereby grants to State temporary construction rights to use the portion of Railroad’s property shown and described on Exhibit A-1 as State Parcels 81217- 1 and 81218- 1. The 415

5 State’s use of such prope rty shall be subject to the terms and conditions of this Agreement and the obligation of State and its contractors to comply with such provisions. The temporary rights granted herein shall commence as of the effective date of the Contractor’s Right of Entry Agreement and continue for fifty- three (53) months, or until the Project has been completed, whichever occurs earlier.

Section 3. RAILROAD TO CONTRIBUTE TO CONSTRUCTION COST

A. In compliance with provisions of the of the Federal Aid Policy Guide, 23 CFR Section 646.210, Railroad will bear five percent (5%) of the portion of the Project’s cost required for the construction of the Structure due to the Project resulting in the elimination of the Existing Crossing. In accordance with 23 CFR Section 646.21 0(c), City and Railroad estimate the required Railroad share for the Structure to be One Million Two Hundred Ninety -one Thousand, Nine Hundred Thirty -Four dollars and Forty-three cents ($1,291,934.43) as described in Exhibit C-1 attached hereto and hereby made a part hereof. In no event shall Railroad’s obligation provided in this section exceed $1,500,000.00 without the prior written approval of Railroad’s Assistant Vice President, Engineer -Design, or his authorized representative. During the progress of the Project if City anticipates other costs that may affect the estimate, City, at its expense, shall prepare another estimate or supplemental estimate and submit it to Railroad for its review and approval.

Railroad’s payment to City for such contribution shall be made to City with thirty (30) days of Railroad’s receipt of billing from City, accompanied by documentation showing that any and all actions have been taken to permanently close the Existing Crossing.

B. In the event that construction does not commence within 12 months of the effective date of this Agreement, the Parties agree that the Contribution Amount may be recalculated, and Exhibit C -1 updated. If the Contribution Amou nt changes, the Parties agree to accept the revised amount and to amend this Agreement accordingly.

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6 C. Upon the occurrence of all the following events: (i) completion of the Structure Project; (ii) payment by City of all Railroad invoices associated with the Structure Project; and (iii)after taking all actions necessary to close the Rice Avenue At Grade Railroad Crossing, the City shall submit a single statement or invoice for the Contribution Amount as defined in subparagraph A of Section 3, in an amount not to exceed $1,500,000.00. If the Actual Costs Contribution is less than this amount, the statement or invoice shall be in the amount of the Actual Costs Contribution. Railroad shall have the right to inspect the books and records of City in connection with the actual costs of the Structure Project.

Section 4. RELINQUISHMENT OF ORIGINAL CROSSING AREA

Upon the satisfactory completion of the Structure and the receipt of Railroad’s contribution to the Project’s cost, City will quitclaim to Railroad all property rights to the area identified in Exhibit A-4 and herein referred to as the “Relinquishment Area”. It is agreed that Railroad’s acceptance of the Relinquishment will not be unreasonably withheld. Upon receipt of written notice that the Project is complete, Railroad will permanently close the At Grade Crossing and remove all associated facilities and present its final billing within six months of the date of the notice.

Section 5. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by City to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 6. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

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7 A. Prior to Contractor performing any work within the Crossing Area involving the Project, and any subsequent maintenance or repair work, the State shall require the Contractor to:
● execute the Railroad's then current Contractor's Right of Entry Agreement (Ex. E)
● obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
● provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E and is incorporated by reference as though fully set forth herein. City confirms that the Contractor will be required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance pol icies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Senior Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP File Folder No. ________

D. City is self -insured and will maintain self -insured status during the performance of the work associated with the Project. If City’s own employees will be performing any of the Project work, City shall self -insure all or a portion of the insurance coverage as allowed pursuant to City’s Insurance Rules and agrees to 418

8 indemnify Railroad against any and all claims arising out of the work performed on the Project by City Employees. City shall not indemnify Railroad for claims by City Employees that arise out of negligent acts or willful misconduct by Railroad, its officials, directors, officers, employees, and agents.

Section 7. FEDERAL AID POLICY GUIDE

If City will be receiving any federal funding for the Project the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 8. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO CITY; CITY'S PAYMENT OF BILLS

A. Railroad Work and Operation oversight to be performed during the Project by Railroad, at the sole cost and expense to the City, is described in Railroad's Cost Estimate dated June 2, 2022, marked Exhibit C , and is incorporated by reference as though fully set forth herein. (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Three Hundred, Ninety -Four Thousand Two Hundred Thirty -Eight dollars and no cents ($394,238.00).

B. Railroad, if it so elects, may recalculate and update the Estimate submitted to City in the event the City does not commence construction on the portion of the Project located on the Railroad’s property within 12 months from the date of the execution of this Agreement.

C. Railroad, if it so elects, may recalculate and update the Estimate submitted to City in the event the City does not commence construction on the portion of the Project located on the Railroad’s property within 12 months from the date of the execution of this Agreement.
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9 D. City cannot reimburse Railroad for any costs incurred outside the scope of work described herein or occurring prior to the effective date of this Agreement.

E. The Railroad shall send progressive billing to City during the Project, and final billing to the State within one hundred eighty (180) days after receiving written notice from City that all Project work affecting the Railroad's property has been completed.

F. City shall reimburse Railroad for all undisputed invoices within 45 business days of receiving Railroad’s invoiced charges.

Section 9. WORK PERFORMED BY CITY

A. City, as a Project expense and at no cost to Railroad, shall perform all Project and/or Structure work including, without limitation, drainage and other applicable work, all of which shall be performed in compliance with the Plans and Minimum Requirements described and defined in Section 9, and in a good and workmanlike manner and prosecuted diligently to conclusion. The use of Railroad’s property by City and/its Contractor (as defined herein) shall be limited to the identified existing area designated on Exhibit A-3 and shall be subject to Railroad’s notification requirements and the terms and conditions of this Agreement and exhibits hereto.

B. City or the Contractor will be responsible for securing the required flagging services from one of the Railroad’s approved vendors in accordance with Railroad’s policy and procedures for flagging found on Railroad’s website at UP: Real Estate and Utility Specifications
.

Section 10. PLANS

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10 A. City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his a uthorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad’s tracks and, if applicable, all demolition and removal plans for the existing structure.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering -Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. Upon completion of the Structure, City, at its expense, shall furnish to the Railroad and State two (2) sets each of reproducible “as constructed” Plans of the Structure.

E. The Railroad's review and approval of the Plans in no way relieves the City or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by City or Contractor on the Plans is at the risk of City and Contractor.

Section 11. MAINTENANCE AND REPAIR OF STRUCTURE AND OF ROADWAY LOCATED ON THE STRUCTURE.

A. State, at its expense, shall maintain, repair and reconstruct, or cause to be maintained, repaired, and reconstructed the substructure and superstructure of 421

11 Structure including, without limitation, all graffiti removal or over painting involving the Struct ure in a safe, clean, sturdy and sound condition. If any inspection, maintenance, repairs, reconstruction or replacement of the Structure requires State or its Contractor (as defined in Section 3) to enter upon and use any portion of Railroad property, or if such work could jeopardize the safety of Railroad personnel or equipment beneath the Structure, such as, but not limited to, falling concrete or other debris, State shall require Contractor to execute the Railroad’s then-current form of Contractor’s Right of Entry Agreement to provide to Railroad the insurance policies, binders, certificates, and endorsements that are required in the Contractor’s Right of Entry Agreement prior to commencing such work.

State shall also pay the Railroad for its use of any Railroad property for which it does not at such time already hold easement or other access rights and for all flagging costs.

B. City, at its expense, shall maintain, repair and reconstruct or cause to be maintained, repaired, and reconstructed the roadway and lighting.

Section 12. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non-Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 9. The Non- Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non -Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to- take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit 422

12 any Non-Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non -Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non -Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administ rative charges when requiring supplements or new agreements for Non- Railroad Facilities. Non -Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and State mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 4B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 13. NO CLAIMS BY CITY

Notwithstanding any other provisions of this Agreement, City shall not make any claim against Railroad for any damages related to any and all work delays which arise in whole or in part from accommodating or performing Railroad train operations, include, without limitation, train schedule changes, and/or increased Railroad train operations by Railroad.

Section 14. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date shown on the front page of this Agreement and is fully signed and executed by all parties’ authorized signatories. It shall continue in full force and effect as long as the Structure remains on the Railroad’s property.
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13 B. Railroad, if it so elects, may terminate this Agreement effective upon delivery of 30- day written notice to City and State in the event City does not commence construction on the portion of the P roject located on the Railroad’s property within twenty-four (24) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason, City shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project from the effective date of this Agreement up to the date of termination.

Section 15. CONDITIONS TO BE MET BEFORE CITY CAN COMMENCE WORK

A. Neither the City nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad, City and State have executed this Agreement.

(ii) The Railroad has provided to City the Railroad’s written approval of the Plans.

(iii) City and State have obtained all necessary governmental permits, zoning clearances and approvals including without limitation, those from the California Public Utilities Commission.

(iv) Each Contractor has executed Railroad’ s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(v) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement.
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14 G. The insurance coverage set forth in the Right of Entry Agreement sh all remain in full force and effect by each Contractor during the performance of said work upon and adjacent to Railroad’s property and thereafter until the Contractor removes all tools, equipment and materials from Railroad property and cleans up the premises to a presentable condition satisfactory to Railroad.

H. City and each Contractor shall give the advance notice described in the Right of Entry Agreement to Railroad’s authorized representative before commencing any Project work on railroad’s property and shall observe Railroad’s rules and regulations with respect thereto. All work on Railroad’s property shall be done at such times and in such manner so as not to interfere with or endanger the operations of the Railroad.

Section 16. FUTURE PROJECTS

Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Structure shall not commence until Railroad and State agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 17. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. Neither City nor State shall assign this Agreement without the prior written consent of Railroad, which shall not be unreasonably withheld.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and State.

Section 18. BUY AMERICA PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

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15 Railroad acknowledges that this is for a federal-aid project, and all portions of the project whether performed by City, State or Railroad shall be performed in compliance with 23 CFR 635.410 and 23 USC 313 as amended by Section 11518 of P.L. 112 -141 Buy A merica Requirements. Railroad shall maintain documentation/certification of all products of iron, steel, or a coating of steel that are incorporated into the Project for a period of three (3) years after completion of all obligations under this Agreement. Within a reasonable time after State’s written request, Railroad shall make such records available for State’s and/or City’s audit during Railroad’s regular business hours in its Omaha, NE offices.

Section 19. INDEMNITY

A. City agrees to indemnify and hol d harmless the Railroad and agrees to repair or pay for any damage proximately caused by reason of the uses authorized by this Agreement and associated easements, licenses, rights of way or right of entry agreements.

B. The provisions of this Section 19 shall survive the completion of any work performed by City or the termination of expiration of this Agreement. In no event shall this Section 19 or any other provision of this Agreement be deemed to limit any liability City may have to any Indemnified Party by statute or under common law.

C. The City shall not indemnify Railroad for claims that do not arise out of the work performed on the Project or negligent acts or willful misconduct by the Railroad, its officials, directors, officers, employees, and agents,

Section 21. TIME IS OF THE ESSENCE

Time of the essence in this Agreement and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
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16 Section 22. EXECUTION

This Agreement may be executed in counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)

By ________________________________
Printed Name: _______________________
Title: _______________________________

CITY’s signatures follow on the next page.

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17 CITY OF OXNARD

BY:

John C. Zaragoza, Mayor

ATTEST:

Rose Chaparro, City Clerk

APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney

STATE’s signatures follow on the next page.

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18 STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

By________________________________
TIAIRA T. MOERING
Chief, Office of Railroad and Utility Relocation
Division of Right of Way and Land Surveys

APPROVED AS TO FORM AND PROCEDURES:

By_________________________________
Attorney
Department of Transportation

APPROVAL RECOMMENDED:

By__________________________________
TERESA McNAMARA
Railroad Agreements Liaison
Office of Railroad and Utility Relocation
Division of Right of Way and Land Surveys
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EXHIBIT A

CROSSING LOCATION PRINT

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EXHIBIT A-1

Survey and legal description of the Crossing Area

Aerial Easement: Parcel 81217-1
Temporary Construction Easements: Parcels 81217-2 and 81218-1

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EXHIBIT “A”

LEGAL DESCRIPTION

PARCEL 81217-1

THAT PORTION OF THE LAND, IN THE CITY OF OX NARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS THE SOUTHER N PACIFIC COMPANY RAILROAD RIGHT - OF -WAY, 100 FEET WIDE, IN THE DOCUME NT RECOR DE D JUNE 19, 1899 IN BOOK 59, PAGE 178, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY , BEING MORE PARTICULARLY DESCRIBED AS FOL L OWS:

COMMENCING AT THE NORTHWESTERLY COR NE R OF SAID RAILROAD RIGHT -OF -WAY;

THENCE AL ONG THE NORTHERLY RIGHT -OF -WAY LINE OF SAID RAILROAD RIGHT -OF - WAY SOUT H 88° 49' 39" EAST, 124. 35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3, 413. 00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORT H 86° 07' 16" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING ;

THENCE LEAVING SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°41'00" AN ARC LENGTH OF
100.27 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD RIGHT-OF- WAY;

THENCE ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE AND NON-TANGENT TO SAID CURVE SOUTH 88°49'39" EAST, 164.27 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3,577.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 87°57'32" EAST;

THENCE LEAVING SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°36'21" AN ARC LENGTH OF
100.25 FEET TO SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE;

THENCE ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE AND NON-TANGENT TO SAID CURVE NORTH 88°49'39" WEST, 164.61 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 16,442 SQUARE FEET OR 0.377 ACRES, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE V, NAD 83 (1991.35 EPOCH), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99997147.

ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF. 432

TIMOTHY S. FETTIG P.L.S. 7542

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.

1/20/20
DATE

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After Recording, Mail To:

______________________________________________________________________________ (Space Above Reserved for County Recorder's Use)

EASEMENT
DEED
District County Route Postmile Number
07 VEN 34

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter, “GRANTOR”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the STATE OF CALIFORNIA, Department of Transportation, a pu blic agency, its successors and assigns (hereinafter, “STATE”) (subject to the reservations, covenants, terms and conditions hereof), a non- exclusive easement (hereinafter “Easement”) for the purpose of constructing, reconstructing, upgrading, replacing, r emoving, inspecting, maintaining, repairing and operating an overhead bridge and highway only for use as a public crossing for (location) along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively, “Structure”) near the City of ________ in _________ County, California, over and across GRANTOR’s railroad tracks and that certain real property described in Exhibit A , attached hereto and hereby made a part hereof (hereinafter the “Property”), at GRANTOR’s milepost ______ (DOT _________) on GRANTOR’s ________ Subdivision.

This conveyance is made for the purpose of widening an existing highway overpass and GRANTOR hereby releases and relinquishes to the STATE any and all rights of access directly to and from the Str ucture from and to GRANTOR’s property.

GRANTOR acknowledges that the Structure and its use as a public crossing in accordance with this Easement Deed and the C & M Agreement (as defined below) are compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510, so long as they do not impede railroad operations, create an undue safety risk, or interfere with GRANTOR’s common 441

carrier obligations as regulated by the Surface Transportation Board or by any successor agency.

GRANTOR further grants to STATE the non- exclusive right of ingress to and egress from the Property over and across GRANTOR’s other property, subject to advance notification and coordination with GRANTOR to ensure safety and the compatibility of GRANTOR’s other property for such ingress and egress (which coordination by GRANTOR shall not be unreasonably withheld), and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties’ separa te Construction and Maintenance Agreement dated __________________________, 20___, and as thereafter amended by mutual agreement, and known in GRANTOR’s records as part of Real Estate Folder Number _______ ( the “C & M Agreement”).

RESERVING unto GRANT OR, its successors and assigns all rights in and to the Property and all uses of the Property that are not inconsistent with STATE’s use and enjoyment of the Easement, including, but not limited to the following:

(1) All rights in and to airspace at an elevation higher than a plane parallel with and thirty (30) feet above the roadway surface of the Structure as originally constructed.

(2) The right to construct, reconstruct, upgrade, place, replace, remove, inspect, maintain, repair, alter, renew, improve and operate pipelines, utility lines, track, railroad facilities and communication lines above, below and on the surface of the Property. Railroad reserves and shall have the exclusive right to grant such rights to third parties. Communication lines shall include, without limitation, transmission by conduit, fiber optics, cable, wire or other means of electricity, voice data, video, digit ized information, or other materials or information.

(3) All rights as may be required to investigate and remediate environmental contamination and hazards affecting the Property.

(4) All oil, oil rights, minerals, mineral rights, natural gas, natural gas righ ts, and other hydrocarbons by whatsoever name known that may be within the Property together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from the Property, including the right to whipstock or directi onally drill and mine from lands other than the Property hereinbefore described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any 442

such wells, or mines, without, however, the right to drill, mine, explore and operate through the surface or the upper one hundred (100) feet of the subsurface of the Property or otherwise in such manner as to endanger the safety of any Structure that may be constructed on the Property.

This Easement is SUBJECT and SUBORDINATE to the following:

(1) The terms and conditions of the C & M Agreement.

(2) All prior and outstanding licenses, leases, easements, restrictions, conditions, covenants, liens and claims of title which may affect the Property, whether recorded or both unrecorded and known by Grantor, including, but not limited to, all easements for petroleum and/or hydrocarbon pipelines (including, but not limited to, those owned by SFPP, L.P., and/or its successors or assigns), and easements and licenses for telephone, electric and fiber optic lines (collectively “Prior Rig hts”), and, if applicable, further subject to the provisions in Exhibit B , attached hereto and hereby made a part hereof. The word “grant” as used in this Easement shall not be construed as a covenant against the existence of any Prior Rights affecting the Property.

(3) The continuing right and obligation of GRANTOR, its successors and assigns, to use the Property in the performance of its duties as a common carrier, including, but not limited to, the right to construct, reconstruct, maintain and operate existing or any additional railroad tracks, facilities and appurtenances thereto in, upon, over, along and across the Property in such manner as may be consistent with STATE’s use and enjoyment of the easement herein granted; provided, further that in the event the Property is transferred to a non- transportation entity, such transferee’s use of the Property shall be subject to the following limitations and conditions:

(a) No use may be made of the Property which would impair the full use and safety of the Structure or would otherwise interfere with the free flow of traffic thereon or would unreasonably impair the maintenance thereof.

(b) No use may be made of the Property for the manufacture or storage of flammable, volatile, explosive or corrosive substances, and such substances shall not be brought onto said land except in such quantities as are normally required for the maintenance operations of occupants of said land and except as may be transported by rail or pipelines. Installation of any pipelines by a non- railroad or other non -transportation entity, or pipelines not otherwise subject to Federal and/or State regulations and safety s tandards, carrying volatile substances shall have the written approval of the STATE as to the safety and compatibility with the Easement 443

and such discretion shall not be exercised in a capricious or arbitrary manner. The use of any such substances shall b e in conformance with all applicable code requirements.

(c) No hazardous or unreasonably objectionable smoke, fumes, vapors, dust or odors shall be permitted, which would adversely affect the use or maintenance of said Structure or the traveling public thereon.

(d) No building of combustible construction shall hereaft er be constructed on the Property. The STATE shall be given the opportunity to review and approve plans for any construction within the Property sixty (60) days prior to said construction. No buildings, no permanent structures, and no advertising displays , may be constructed within eight (8) feet of the undersides nor within fifteen (15) feet (measured horizontally) of the sides of the Structure without the express written approval of the STATE. The STATE shall have the discretion to determine whether such proposed construction will be inimical to or incompatible with the full enjoyment of the public rights in the Easement or against the public interest, but such discretion shall not be exercised in a capricious or arbitrary manner.

If the Easement, or a ny portion thereof, shall cease to be needed for public crossing purposes, then the STATE shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal laws. In addition, STATE, at STATE’s sole expense, shall dem olish and remove the Structure in accordance with the then current standards of GRANTOR, including, but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C & M Agreement.

Consideration for this grant includes compensation for damages to the value of the remainder of GRANTOR's property, if any, caused by the existence of the Easement herein granted and/or by the construction or maintenance of the Structure. GRANTOR hereby waives any additional claim for such damages to the value of the remainder, if any. This waiver shall not apply to compensation for any physical damages to GRANTOR's remaining property, if any, caused by STATE.

In WITNESS WHEREOF, GRANTOR has caused its corporate name to be hereunder subscribed and its corporate seal to be affixed hereto, this _____ day of _________________________, 20______.
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ATTEST:

By_____________________________________
BEVERLY J. KUBAT
Assistant Secretary

(Seal)

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)

By______________________________________
DANIEL A. LEIS
General Director Real Estate

THIS IS TO CERTIFY, That the State of California, acting by and through its Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ day of ________________________, 20

Director of Transportation

By_______________________________________
Attorney in Fact

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ACKNOWLEDGMENT

STATE OF NEBRASKA )
) ss:

COUNTY OF DOUGLAS )

On this ____ day of _______________, 20____, before me, _________________________, a Notary Public in and for said County and State, personally appeared Daniel A.

Leis and Beverly J. Kubat who are the General Director Real Estate and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

WITNESS my hand and official seal.

↑ (Affix Notary Seal Here) ↑
______________________________________
______________________________________
Notary Public for and in said State

My commission expires:
_____________________

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ACKNOWLEDGMENT

STATE OF
) ss:

COUNTY OF )

On this ____ day of _______________, 20____, before me, a Notary Public in and for said County and State, personally appeared

______________________________________________________________________________ ___
(Name of Individual Executing Agreement on Behalf of the State)

who is the
________________________________________________________________________ (Title of Individual Executing Agreement on Behalf of the State) of the , and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

↑ (Affix Notary Seal Here) ↑
______________________________________
Notary Public for and in said State

My commission expires:
_____________________
(Expiration
Date)

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EXHIBIT A-2

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Exhibit A-2 will be the type, size and location prints of the Structure, continued

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Exhibit A-2 will be the type, size and location prints of the Structure, continued

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Exhibit A-2 will be the type, size and location prints of the Structure, continued

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Exhibit A-2 will be the type, size and location prints of the Structure, continued

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EXHIBIT A-3

Map of Construction Area

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EXHIBIT A-3

Map of Construction Area, continued

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EXHIBIT A-3

Map of Construction Area, continued

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EXHIBIT A-3

Map of Construction Area, continued

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EXHIBIT A-4

RELINQUISHMENT AREA

Relinquishment areas are outlined in red and green.
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EXHIBIT B
TO

PUBLIC HIGHWAY OVERPASS AGREEMENT

SECTION 1 - CONDITIONS AND COVENANTS

A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The State and the City shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement.

Without limiting the foregoing, the State and the City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the State or the City for the purpos e of conveying electric power or communications incidental to the State's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the State or City to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The State and the City shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's p roperty, unless the State or the City at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with State's or City’s specifications and will not interfere with the State's or the City’s use of the Crossing Area.

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E. So far as it lawfully may do so, the State and/or City will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the State will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2 - CONSTRUCTION OF STRUCTURE

A. The City, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the City, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the City shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the City upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, the Railroad’s Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad.

D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent , and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the State. The City hereby assumes the risk of any such delays and agrees that no claims for 460

damages on account of any delay shall be made against the Railroad by the City and/or the Contractor.

SECTION 3 - INJURY AND DAMAGE TO PROPERTY

If the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the City is responsible under the provisions of this Agreement, shall injure, damag e or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the City's own expense, or by the Railroad at the expense of the State, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4 - RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the City of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract.

SECTION 5 - MAINTENANCE AND REPAIRS

A. The State, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire Structure, including, but not limited to, the superstructure, substructure, piers, abutments, walls, approache s and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure.

B. The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired a nd renewed, the rails, ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure.

SECTION 6 - SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of 461

said work of the City that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the City shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the City shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by the City or State. If City or State employees need to enter Railroad's property in order to perform an inspection of the Structure, minor maintenance or other activities, the Public Agency shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the State, to the extent permitted by Cal. Gov Code §14662.5, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the State’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of State’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.

(i) If the State's or City’s employees need to enter Railroad's property as provided in Paragraph B above, the State or City ag rees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by State or City in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any t rack that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty -five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform State or City whether a flagman need be present and whether State or the City needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are pe rformed by Railroad, Railroad will not authorize such services until State or the City confirms that there is an obligating document in place that will allow State or City to reimburse Railroad or its vendor for such expenses incurred by either Railroad or its vendor. If Railroad’s authorized vendor performs any flagging, or other special protective or safety measures are performed by Railroad’s authorized vendor, in the absence of such obligating 462

document, Railroad acknowledges that the Public Agency is p rohibited under law from reimbursing Railroad. State and City agree that individually State nor City is not relieved of any of its responsibilities or liabilities set forth in this Agreement that are permissible under the law.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its authorized vendor and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Public Agency that requested the services shall pay on the basis of the new rates and charges going forward from the effective date of the adjustment.

(iii) Reimbursement to Railroad’s authorized will be required covering the full eight-hour day. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad’s authorized vendor is required to pay the flagman and which could not reasonably be avoided by the Vendor, even though State or City may not be working during such time. State or City must provide Railroad’s vendor with the required minimum notice prior to the cessation of the need for a flagman as set forth in the Vendor’s agreement. If required notice of cessation is not given, the responsible Public Agency will still be required to pay flagging charges for the period even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such cessation notice has been given to Railroad.

D. Compliance With Laws. City shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The City shall use only such methods as are consistent with safety, both as concerns the City, the City's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The City (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety 463

and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the City to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged ag ainst the Railroad, the City shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The City further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

E. No Interference or Delays . The City shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The City, at its own expense, shall adequately police and supervise all work to be performed by the City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the State for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the State with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the State will give due consideration to suggestions and recommendations made by such representative for the safety and protection o f the Railroad's property and operations.

G. Suspension of Work . If at any time the State's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the State is being or is about to be done or prosecuted without due regard and p recaution for safety and security, the State shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris . The City shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City.
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I. Explosives. The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The City, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the City in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering -Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The City, at the City's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequat e passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others.

The City shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the City shall provide the advance notice that is required under the Contractor's Right of Entry Agreement.

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M. Fiber Optic Cables . Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber o ptic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 18003369193 (also a 24hour, 7- day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City. If it is, City will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 7 - INTERIM WARNING DEVICES

If at anytime it is determined by a competent authority, by the City, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the City shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed.

SECTION 8 - OTHER RAILROADS

All protective and indemnifying provisions of this Ag reement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 9 - BOOKS AND RECORDS

The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of City for a period of three (3) years following the date of Railroad's last billing sent to City.

SECTION 10 -.REMEDIES FOR BREACH OR NONUSE

A. If the State or City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and 466

remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the responsible Agency will reimburse the Railroad for the expenses thereof.

B. Nonuse by the State or the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the State and City hereunder.

C. The State will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 11 - MODIFICATION ENTIRE AGREEMENT

No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the State and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the State shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a par t hereof constitute the entire understanding between the State and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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EXHIBIT C
TO

PUBLIC HIGHWAY OVERPASS AGREEMENT

Railroad's Material and Force Agreement/Flagging and Project Oversight Estimate.

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469

470

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1 Exhibit D

EXHIBIT D
TO

PUBLIC HIGHWAY OVERPASS AGREEMENT

RAILROAD COORDINATION REQUIREMENTS

1.01 DEFINITIONS

Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project.

Agency: City of Oxnard
AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

MUTCD: Manual on Uniform Traffic Control Devices
Project: Agency’s Project Number 31780
Railroad: Union Pacific Railroad Company
Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03)
Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section 1.03)
Requirements: The Railroad Coordination Requirements set forth in this Exhibit.

1.02 DESCRIPTION

This Project includes construction work within Railroad’s right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative.

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2 Exhibit D

1.03 UPRR CONTACTS

The Railroad Project Representative for this project is:

Kenneth Tom
909-685-2191
[email protected]

For Railroad flagging services and track work, contact the following Railroad MTM Representative:

Nick Vineyard
909-222-5659
[email protected]

1.04 PLANS / SPECIFICATIONS

The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency’s and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency’s agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor.

1.05 UTILITIES AND FIBER OPTICS

A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http://www.uprr.com/reus/pipeline/install.shtml .

B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non-railroad facilities affected by this Project, nor does the Railroad have 476

3 Exhibit D

any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad’s property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility.

C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities.

D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency’s expense.

1.06 GENERAL

A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor’s unapproved construction or other activities. Reimbursement shall be related to activity that was unexpected or not anticipated.

B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Sec tion

1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor’s activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad.

1.07 RAILROAD OPERATIONS

A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor’s understanding of Railroad traffic volume and operation at the Project site. The Contractor’s bid shall be structured assuming intermittent track windows as defined in Section 1.07 C

B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project. 477

4 Exhibit D

Activities may include both through moves and switching moves to local customers.

Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations.

C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below:

1. Conditional Work Window: A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval.

2. Absolute Work Window: A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administrat ion requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval.

1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES

A. Prior to beginning any work within the Railroad right -of-way, the Contractor shall enter into an agreement with the Railroad in the latest form of the Contractor’s Right of Entry Agreement thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad.

B. The Contractor shall give advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing work in connection with 478

5 Exhibit D

construction upon or over Railroad’s right -of-way and shall observe the Railroad rules and regulations with respect thereto.

C. All work upon the Railroad right -of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section

1.21 for railroad flagging requirements.

D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include:

1. Description of work to be done.

2. The days and hours that work will be performed.

3. The exact location of the work and proximity to the tracks.

4. The type of window and amount of time requested.

5. The designated contact person for the Contractor.

The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15) days prior to commencing work in connection with the approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans.

E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor’s operations may inhibit the Railroads operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order.

1.09 INSURANCE

The Contractor shall not begin work within the Railroad’s right -of-way until the Railroad 479

6 Exhibit D

has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor’s Right -of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad.

1.10 RAILROAD SAFETY ORIENTATION

All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Orientation for Contractor’s Safety” and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The preceding training does not apply for longitudinal fiber optic installations.

1.11 COOPERATION

The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad’s train operations at the job site shall have priority over the Contractor’s activities.

1.12 CONSTRUCTION CLEARANCES

The Contractor shall abide by the twenty -one (21) foot and six (6) inch temporary vertical construction clearance defined in section 4.4.1.1 and fifteen (15) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad.

Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad.

Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative.

1.13 SUBMITTALS

A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.

480

7 Exhibit D

B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad’s review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad’s review exceeds a four-week review time.

C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.

1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES

A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants.

B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all app licable local, state and federal regulations.

1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE,

RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR

A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNS F and UPRR Guidelines for Railroad Grade Separation Projects.

B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad.

C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad’s Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled.
481

8 Exhibit D

1.16 RAILROAD REPRESENTATIVES

A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows:

1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate.

2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement.

3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations.

4. During any Contractor’s operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered.

B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work.

1.17 WALKWAYS REQUIRED

Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than twelve feet (12’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practical.

Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ perpendicular from the center line of tangent track or 9’ – 6” horizontal from curved track.

1.18 COMMUNICATIONS AND SIGNAL LINES

482

9 Exhibit D

If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connect ion with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract.

1.19 TRAFFIC CONTROL

The Contractor’s operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD.

1.20 CONSTRUCTION EXCAVATIONS; CALL BEFORE YOU DIG NUMBER

A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad “Guidelines for Temporary Shoring”.

B. In addition to calling the “811” number and/or the local “one call center”, the Contractor shall call the Railroad’s “Call Before Your Dig” number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co -ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project.

C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade.

1.21 RAILROAD FLAGGING

Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the 483

10 Exhibit D

need for flagging or other protective measures which ensure the safety of Railroad’s operations, employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor’s Right of Entry Agreement and follow the Railroad’s flagging policy and procedures as found on the Railroad’s website,
UP: Real Estate and Utility Specifications . Any costs associated with failure to abide by thes e requirements will be borne by the Contractor.

The estimated pay rate for each flag person is $1600 per day for a(n) 8-hour work day with time and one-half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the Railroad’s authorized vendor and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night).

1.22 CLEANING OF RIGHT-OF-WAY

The Contractor shall, upon completion of the work to be performed within the right -of- way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right -of-way all Contractor’s tools, implements and other materials whether brought upon the right -of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad.

1.23 CONTRACTOR’S RESPONSIBILITY OF SUPERVISION

The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad’s approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad’s property and operations.

1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED

The Contractor’s use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative.

484

EXHIBIT E
TO

PUBLIC HIGHWAY OVERPASS AGREEMENT

CONTRACTOR’S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the ______ day of _________________________, 20______,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and _________________
________________________________________________, a ______________________ corporation ("Contractor").

RECITALS:

Contractor has been hired by
___________________________________________________ to perform work relating to
______________________________________________________________________________ __________________
______________________________________________________________________________ ____________________
(the "work"), with all or a portion of such work to be pe rformed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision] [Branch] [at or near DOT No. _______] located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a contract dated ___________________ between Railroad and ________________________________________________.

Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

485

2 ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's pr operty specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D.

The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement.

ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.

B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):
___________________________________
___________________________________
___________________________________
___________________________________

C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B . The responsibility of Contractor for safe conduct and adequate policing and supervision of 486

3 Contractor's work shall not be lessened or otherwise affected by Railroad 's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminat ed as provided in this Agreement or until the Contractor has completed all work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property.

B. This Agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement.

B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
1400 Douglas Street MS 1690
Omaha, Nebraska
Attn: Senior Manager - Contracts
Folder No. _________________

ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
487

4 At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 9- ADMINISTRATIVE FEE.

Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad _________________________________ Dollars ($__________) as reimbursement for clerical, administrative and handling expens es in connection with the processing of this Agreement.

ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

ARTICLE 11.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

488

5 IN WITNESS WHEREOF , the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By:

Title:___________________________________

(Name of Contractor)

By:

Title:

489

EXHIBIT A

Exhibit A will be a print showing the general location of the work site.

490

Exhibit B

Page 1 of 4 ends

EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of an y work by Contractor in which any person or equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty -five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) -day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Da mage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of 491

Exhibit B

Page 2 of 4 ends

negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the p ortion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Rai lroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

492

Exhibit B

Page 3 of 4 ends

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permit ted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor.

Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any su ch work performed.

Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

493

Exhibit B

Page 4 of 4 ends

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contra ctor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 18003369193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished.

b. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and aga inst all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contract or shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of s ervices of the fiber optic cable on Railroad's property.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable feder al, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D , hereto attached, to 494

Exhibit B

Page 5 of 4 ends

ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor dete rmines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site.

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job si te so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan").

Railroad shall have the right, but not the obligation, to require Contrac tor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan.

Section 8. INDEMNITY.

A. To the extent permitted by law, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an “Indemnified Party” or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor.

b. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or 495

Exhibit B

Page 6 of 4 ends

strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.

c. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees.

Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8.

Contractor acknowledges that this waiver was mutually negotiated by the parties hereto.

d. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party.

e. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed.

Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

496

Exhibit B

Page 7 of 4 ends

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether wr itten or oral, with respect to the work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the C ontractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's24974983
Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) re quire each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 497

EXHIBIT C
TO
CALTRANS’

RIGHT OF ENTRY AGREEMENT

Union Pacific Railroad Company
Insurance Provisions For
CALTRANS’ Right of Entry Agreement

Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 ( or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
● Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing eq uivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.
● Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
● Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
● Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
498

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
● Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.
● Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self -insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

The policy must contain the following endorsement, which must be stated on the certificate of insurance:
● Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurr ence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this Ag reement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE

MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; o r may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by 499

endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Ext ension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide cove rage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.

K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this 500

Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 501

EXHIBIT D
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

MINIMUM SAFETY REQUIREMENTS

The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor.

I. Clothing

A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet.

Specifically, Contractor’s employees must wear:

(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.

B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal.

C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery.

II. Personal Protective Equipment

Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative.

(i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
502

▪ 100 feet of a locomotive or roadway/work equipment
▪ 15 feet of power operated tools
▪ 150 feet of jet blowers or pile drivers
▪ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs)
▪
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative.

III. On Track Safety

Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On -Track Safety rules.

Under 49CFR214, Subpart C, railroad contractors are responsible for the t raining of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must:

(i) Maintain a distance of twenty -five (25) feet to any track unless the Railroad Representative is present to authorize movements.
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On- Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling.

IV. Equipment

A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:

▪ Familiar and comply with Railroad’s rules on lockout/tagout of equipment. ▪ Trained in and comply with the applicable operating rules if operating any hy -rail equipment on-track.
▪ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment.

B. All self-propelled equipment must be equipped with a first -aid kit, fire extinguisher, and 503

audible back-up warning device.

C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty -five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment agains t movement.

D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines.

V. General Safety Requirements

A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.

B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On- Track Safe ty) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change.

C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213.

D. All employees comply with the following safety procedures when working around any railroad track:

(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement.

E. All employees must comply with all federal and state regulations concerning workplace safety.

504

EXHIBIT F

UPRR and BNSF Guidelines for Railroad Grade Separation Projects

https://www.up.com/cs/groups/public/documents/up_pdf_nativedocs/pdf_rr_grade_sep_pr ojects.pdf
505

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,

AUTHORIZING FILING OF APPLICATION, VERIFYING THAT SUFFICIENT FUNDS WILL

BE AVAILABLE, AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE

CONTRACT FOR CONSTRUCTION OF THE RICE AVENUE/FIFTH STREET GRADE SEPARATION, CPUC NO. 001E-406.25, WILL BE UNDERTAKEN
WHEREAS, City Council Resolution No.12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, the Public Works Department has requested that City Council approve the submittal of an application to the California Public Utilities Commision for an allocation from the California Grade Separation Program Priority List for an amount not to exceed $5,000,000 for the Rice Avenue/Fifth Street Grade Separation Project; and
WHEREAS, Section 2456 of the Streets and Highways Code of the State of California requires that local agencies requesting allocations for railroad grade separation projects furnish evidence that sufficient funds from the local agency are available, and that all matters prerequisite to awarding the construction contract within a period of two years have been or can be taken care of within that time; and WHEREAS, On May 3, 2022, the City Council approved sufficient project funding in FY 22-23 and FY 23-24, through the adopted 2022-27 Capital Improvement Program utilizing Local Circulation System Improvement Fees and the Trade Corridor Enhancement Program for the Rice Avenue/Fifth Street Grade Separation, CPUC No. 001E-406.25; and
WHEREAS, the City of Oxnard will obtain all necessary orders from the Public Utilities Commission of the State of California, execute all necessary agreements with Union Pacific Railroad, acquire all necessary rights-of-way or obtain an order of the court granting to Oxnard the immediate possession thereof, and accomplish all other requirements prerequisite to awarding a contract for construction of the overpass structure on Rice Avenue at the Union Pacific railroad tracks, (Public Utilities Crossing No. 001E-406.25) in the City of Oxnard, within a period of two years after the date the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. The authorization to file an application for a up to a $5,000,000 allocation from the California Grade Separation Program Priority List; and,

2. That sufficient funds for the project costs, were adopted by the City Council on May 3, 2022, through the 2022-27 Capital Improvement Program, page 70, for in FY 22- 506
Resolution No.

RESOLUTION APPROVING APPLICATION TO CALIFORNIA PUBLIC UTILITIES COMMISSION Page No. 2
23 and FY 23-24, utilizing Local Circulation System Improvement Fees and the Trade Corridor Enhancement Program; and,

3. That the City of Oxnard will obtain all necessary orders from the Public Utilities Commission of the State of California, execute all necessary agreements with Union Pacific Railroad, acquire all necessary rights-of-way or obtain an order of the court granting to Oxnardthe immediate possession thereof, and accomplish all other requirements prerequisite to awarding a contract for construction of the overpass structure on Rice Avenue at the Union Pacific railroad tracks, (Public Utilities Crossing No. 001E-406.25) in the City of Oxnard, within a period of two years after the date the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project; and,

4. That the City of Oxnard intends to award the contract for the construction of said overpass structure on Rice Avenue at the Union Pacific railroad tracks, CPUC No. 001E- 406.25, no later than two years after the date that the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project; and

5. The City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports, grant claims and approve special budget appropriations for the use of grant funds; and the Director of Public Works or his or her designee is authorized to submit non-financial reports.

PASSED AND ADOPTED this 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN

__________________________
John C. Zaragoza, Mayor
ATTEST:
_____________________________
Rose Chaparro, City Clerk
507
Resolution No.

RESOLUTION APPROVING APPLICATION TO CALIFORNIA PUBLIC UTILITIES COMMISSION Page No. 3
APPROVED AS TO FORM:
_____________________________
Stephen Fischer, City Attorney
508
Sixth Amendment to Agreement A-8094 with
WKE, Inc. for the Rice Avenue at Fifth
Street/State Route 34
Grade Separation
City Council
July 5, 2023
Debbie O’Leary
Transportation Planner, Interim Transportation Manager
509
That the City Council:

1. Approve and authorize the Mayor to execute a Sixth Amendment with WKE, Inc. in the amount of $376,898.07, for a new not to exceed contract value of $9,877,855.25 to complete the Plans, Specifications and Estimates for the Rice Avenue at Fifth Street/State Route 34 Grade Separation, Project No.

C1301/133101;

2. Approve and authorize the Mayor to execute the Union Pacific Railroad Public Highway Overpass State Agreement No. 07R292, upon receipt from Caltrans; and

3. Adopt a resolution authorizing the City Manager to file an application request to the Department of Transportation for Section 190 Grade Separation Program funds.

RECOMMENDATION 2
510
This project will construct a new six-lane bridge bridge over the Railroad tracks and intersection of Rice Avenue, Fifth Street, and State Route 34.

The project will enhance safety by eliminating conflicts among vehicles, pedestrians, bicyclists and trains at the Union Pacific Railroad crossing. The project will also relieve congestion, reduce emissions and facilitate commerce by improving access to the Port of Hueneme.

The scope will align Rice Avenue approximately 250-feet east of the existing Rice Avenue between Sturgis Road and Wooley Road. The project will also include:
• New bridge structure
• One connector road
• T wo new traffic signals and existing traffic signal improvements • Class II on-street bicycle lanes
• Sidewalks and ADA improvements
BACKGROUND 3
511
BACKGROUND 4
Rendering of State Route 34/Fifth Street facing west
Rendering of Rice Avenue facing south
512
BACKGROUND 5
513
WKE, Inc. has been providing design and right of way engineering services for the Project. Below is a timeline and total proposed cost:
2018 - WKE, Inc. Agreement A-8094 $5,362,125
2019 - First Amendment $ 490,074
2020 - Second Amendment - alignment shift $3,056,880
2021 - Third Amendment $ 96,316
2021 - Fourth Amendment - time extension $ 0 2022 - Fifth Amendment $ 495,559
2023 - Sixth Amendment - proposed $ 376,898 T otal proposed contract: $9,877,855*
*These costs are paid through the state grant.

DISCUSSION - WKE AGREEMENT 6
514
In order to finalize the design and right of way phases and prepare the project to be bid for construction, the following additional work is necessary:

1. Additional appraisal reports for more complex parcel acquisitions

2. Newly acquired oil well design for re-abandonment

3. Hazardous material investigations on newly acquired property

4. Assist with Caltrans’ $15m grant application to fund any overages to construction bids

5. Study groundwater discharge capacity into City sewer system, saving construction costs

6. Renew eligibility on Grade Separation Priority List for $5m Section 190 grant

7. Provide design changes if recommended by forthcoming construction management firm

8. Design the removal of material stockpiled on newly acquired property

9. Merge Caltrans and City specifications to prepare the project to be bid for construction DISCUSSION - WKE AGREEMENT 7
515
A Public Highway Overpass Agreement is required between Union Pacific Railroad (UPRR), the City, and Caltrans. Caltrans takes the lead in preparing the agreement and facilitates negotiations. The draft agreement is pending approval with UPRR Corporate in Omaha, Nebraska.

Caltrans is finalizing the cost for acquisition of aerial and temporary construction easements, which will be paid for by the state grant.

Caltrans negotiated a contribution that will be paid from UPRR to the City for closing the existing at-grade crossing. The estimate of $1,291,934 will be payable once the existing crossing is closed.

UPRR provided an estimate of $394,238 for the City’s contribution for UPRR’s work. UPRR will invoice for this work during the course of construction, which will be paid for by the state grant.

DISCUSSION - DRAFT UPRR AGREEMENT 8
516
The Project was nominated to receive $5,000,000 through the Caltrans Section 190 Grade Separation Program. This program provides funding for projects included on the Grade Separation Priority List.

A resolution is required to request the funding. It needs to identify that the construction contract can be awarded within two-years after the allocation is granted and that sufficient funding will be available over the course of the Project.

The resolution will meet these requirements, noting that City Council identified necessary funding through the adopted 2022-27 CIP (on page 70 of the CIP Book).

DISCUSSION - RESOLUTION FOR $5M SECTION 190 GRANT 9
517
Estimated Project Schedule:

DISCUSSION - SCHEDULE 10
Summer 2023 Caltrans approves the 100% Plans, Specifications, and Estimates Fall 2023 Caltrans certifies that Right of Way is complete Winter 2023 City requests construction funding from the California Transportation Commission (CTC)
Winter 2023 City advertises for bids
Spring 2024 City Council awards the construction contract Summer 2024 Construction begins
Spring 2027 Construction is complete
518
• T otal cost for this Amendment to Agreement A-8094 with WKE, Inc. is an additional $376,898.07for a total agreement value of $9,877,855.25.
• There are sufficient budget appropriations to fund this Amendment, which will be fully funded from the Trade Corridor Enhancement Program Grant Fund (189), in the Rice Avenue at Fifth Street/State Route 34 Grade Separation, Project No. C1301/133101
FINANCIAL IMPACT 11
519

QUESTIONS
12 520

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: July 5, 2023

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Third Amendment to Professional Services Agreement A-8294 with Brown and Caldwell for Primary Clarifiers and Activated Sludge Basins Improvement Project PW 21-17. (10 minutes)

RECOMMENDATION

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/CmXQKkspRA4

BACKGROUND

On March 16, 2021, the City Council approved Agreement A-8294 with Brown and Caldwell, in the amount of $843,344, for design services for the Primary Clarifiers and Activated Sludge Tanks Improvement Project. The initial scope of work included:
• Develop a clear and concise preliminary design report (PDR) outlining seismic requirements, odor control, improved access and site safety, new mechanical equipment, pipework and appurtenances, treatment process efficiency, and effluent water quality.
• Provide a complete set of design drawings, specifications, and bid documents that incorporate the results of the PDR.
• Provide a bid item list with a cost estimate to be used for budgetary purposes by the City. • Provide bid and construction phase services and support. • Develop record drawings representing the final installation.

On January 18, 2022, the City Council approved the First Amendment to Agreement A-8294 with Brown and Caldwell, in the amount of $330,069, for additional design services for the Primary Clarifiers and Activated Sludge Tanks Improvement Project. The amended scope of work included:
• Full rehabilitation and structural reinforcement for the primary clarifiers, including replacement of underground pipework
• Increased odor control efforts
• Decommissioning and eventual demolition of the bio-towers • Additional mechanical/structural design and remediation for the activated sludge tanks 521
• Construction phase services associated with treatment process changes

On December 6, 2022, the City Council approved the Second Amendment to this same Agreement in the amount of $39,060, for additional design services for the Primary Clarifiers and Activated Sludge Tanks Improvement Project. The amended scope of work included:
• Prepare additional drawings and technical specifications to direct the construction and installation of the new PLC and associated wiring, conduit, and appurtenances required to integrate the new system, which will be in the existing building in the center of the Primary Clarifiers.

Capital Improvement Program (CIP) Reference:

Project No. C1814 (186607) - Primary Clarifiers and Activated Sludge Tanks Improvement Project - CIP 2021-2026 - Adopted May 18, 2021 – Pages 161.

DISCUSSION

On March 8, 2023, an OWTP operator noticed deteriorated asphalt above the effluent pipe for Primary Clarifier No. 1.

The pipe was exposed, revealing a break in the top of the pipe. Upon further inspection, it was discovered that the pipe was not fully submerged and hydrogen sulfide (H2S) had deteriorated the top of the pipe between the second and third primary effluent weir boxes. Since the pipe was not pressurized no primary effluent spilled from the pipe and the clarifier was taken out of service without further incident. Operators piloted different flow scenarios to determine if four weir boxes were required on each clarifier. It was determined that each clarifier could operate with only two weir boxes. The pipework inspection also revealed that pipework and equipment within the existing building were still hydraulically connected despite changes to the process in the 1990s.

The Primary Clarifiers and Activated Sludge Basins Improvement Project design was complete. However, it was determined that the design should be modified to eliminate two weir boxes at each clarifier, modify the primary effluent pipework, eliminate pipework that is no longer required and susceptible to H2S corrosion, and fully disconnect and demolish the equipment within the building. In an effort to provide holistic improvements to the primary effluent process additional rehabilitation of the primary clarifier building has been included with removal of the pumps and mechanical equipment. Brown and Caldwell provided a proposal for the additional work. The proposal was reviewed by the Wastewater Division Manager and the Supervising Civil Engineer.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total amount of this Third Amendment to Agreement A-8294 with Brown and Caldwell shall not exceed $137,395 with a new not to exceed contract amount of $1,349,868 for professional design services. The Primary Clarifiers and Activated Sludge Basins Improvement Project No. C1814 has available appropriations of approximately $2,457,000 from the Wastewater Bond Fund (617) to fund this agreement.

For Finance Use Only: Wastewater Bond Fund (Org. 6171001 Obj. 59800) / Wastewater CIP Fund (Org. 6123610 Obj. 53200) Project C1814

COMMITTEE OUTCOME

522
Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. A-8294 Third Amendment

2. A-8294 Original, First, and Second Amendments

3. Presentation

523

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8294

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

This Third Amendment (“Third Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 5th day of July 5, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Brown and Caldwell (“Consultant”). This Third Amendment amends the Agreement entered into on March 16, 2021, by City and Consultant. The Agreement previously has been amended on January 18, 2022, by a First Amendment, and on December 7, 2022, by a Second Amendment.

City and Consultant agree as follows:

1. In Section 6 of the Cover Page of the Agreement, the total agreement amount is hereby amended to state: “ $1,349,868.”

2. The reference to the Scope of Services Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Scope of Services Exhibit May 2023.

The Scope of Services Exhibit is hereby disincorporated; instead, the Scope of Services Exhibit May 2023 Exhibit is attached hereto and incorporated herein by this reference.

3. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
524
Agreement No. A-8294
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) I
N WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD BROWN AND CALDWELL
☐John C. Zaragoza, Mayor1 Date Michael V. Puccio, Vice President Date ☐Jennifer Yates, Purchasing Agent 2
A dam Zacheis, Senior Client3 Date
Services Manager
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
AP
PROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 525
Scope of Services Exhibit – May 2023
This work includes the design, specifications, and bid documents for the Oxnard Wastewater Treatment Plant (OWTP) Primary Clarifiers and Activated Sludge Basins I mprovement Project (Project).

Task 1: Program Management

1. Project Management. Consultant shall coordinate all efforts of the Project Team including representatives from the City of Oxnard Public Works (City). The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

2. P roject Kick -off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s engineering and operations staff to discuss the scope and parameters of the Project. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City. The Consultant shall prepare and distribute meeting minutes within three (3) business days of the meeting. The Consultant shall assume three (3) hours for the kick-off meeting with staff members.

3. P
rogress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project and budget for eight meetings. As part of the effort, the Consultant is responsible for developing meeting information and agenda prior to the meeting and meeting minutes within three (3) business days following the meeting with complete action tracking log. The Consultant shall assume two (2) hours for each meeting.

4. P
roject Schedule. Consultant shall develop a project schedule at the beginning of the project that covers preliminary design, recommendations, design drawings, specifications, construction cost estimate, bid documents, and bid/award support services. Project schedule shall be submitted with the proposal and shall be updated within two (2) weeks of the kickoff meeting.

5. P roject Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one (1) week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

6. P
roject Coordination. Consultant shall coordinate all of the services of sub -consultants including site visits, site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

7. Q
uality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two (2) weeks of starting the project. The plan shall include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. M
onthly Invoicing. The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated 526
according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to [email protected].

Task 2: Data Gathering, Site Visit, and Preliminary Design Report The Consultant shall create a preliminary design report (PDR) equivalent to the 30% design level, for both the activated sludge basins and the primary clarifiers, which includes various components such as design criteria, process design, structural, mechanical, electrical, and instrumentation and control design, and construction cost estimates. The PDR shall include a summary of design assumptions and design points. The Consultant shall review existing record drawings, reports, condition assessments, and design drawings currently in development to further understand the existing conditions. The City has several past reports completed by different consultants regarding the condition and proposed improvements of the activated sludge basins and the primary clarifiers. The Consultant will be provided with copies of these reports for review and possible acceptance, understanding that the PDR developed as part of this project shall comply with current seismic code and be stamped by a professional engineer accepting responsibility for its contents. In addition the Consultant shall interview Operation’s Staff on how each process is currently operating. The Consultant shall undertake a field visit to collect information required to produce a PDR. Specific project scope elements, which are to be evaluated in the PDR and ultimately incorporated into the final design and bid documents, include the following:

1. Primary Clarifiers
A. Structural Design: Consultant shall develop a 30% structural design based upon previous reports and their own assessment. Design shall incorporated seismic retrofitting, concrete and reinforcement repair, crack repair, material design, types and strengths, coating requirements, and anchoring. Access, including outlet box, stairways, bridges, ladders, grating, and walkways shall be included as part of the structural design. The design shall include roof replacement, structural improvements, and paint for the Primary Clarifier Building.

B. M
echanical Design: The mechanical design shall include, but not be limited to primary effluent pipework, sludge and scum pipework, isolating valves, odor control, sludge scraper/skimmers, scraper frame, scraper drive mechanism, primary sludge pumps, and primary scum ejector pumps. The launders, launder supports, and bridges 2 & 4 were replaced in May 2020 and must be protected in place as part of this design, unless replacement is required where weir boxes are eliminated.

C. E
lectrical Design: The Consultant shall develop a 30% electrical design based upon the criteria and findings from the above tasks. The design shall consider available power, location of power source, and controllers. The Consultant shall provide a single-line diagram as part of the 30% submittal.

2. A ctivated Sludge Basins
A. Structural Design: Consultant shall develop a 30% structural design based upon previous reports and their own assessment. Design shall incorporate seismic retrofitting, concrete and 527
reinforcement repair, material design, types and strengths, coating requirements, and anchoring.

B. Process Design: Complete initial process design utilizing operational requirements. Initial process design shall include major design parameters including biological loading analysis, water quality requirements, and the future demolition of the bio-towers. The Consultant shall provide associated process flow diagrams and process and instrumentation diagrams. The Consultant shall model three options for aerobic and anaerobic zones within the Activated Sludge Basins.

C. M
echanical Design: Mechanical design criteria shall be developed based on the process requirements and existing hydraulic conditions. The mechanical design shall include, but not be limited to, isolating valves and gates, aeration piping, suitability of existing blowers, aeration control valves, metering/control devices, diffusers (type, manufacturer, and quantity), analyzers and sensors.

D. E
lectrical Design: The Consultant shall develop a 30% electrical design based upon the criteria and findings from the above tasks. The design shall consider lighting, control valves, sensors, available power, and location of power source. The Consultant shall provide a single-line diagram as part of the 30% submittal.

E. I
nstrumentation and Control Design: Consultant shall provide an instrumentation and control design based on the new SCADA design and interviews with staff to determine the most efficient long-term operational strategies and instrumentation and control design. The narrative shall also include a description of start-up process, continuous operation, proposed interlocks, and other control expectations/requirements.

3. P reliminary Construction Schedule : The Consultant shall include a preliminary construction schedule indicating the proposed sequence of work, durations, critical milestones, logic ties, and critical path.

4. L ist of Drawings and Specifications : The preliminary design submittal shall include a list of anticipated technical specifications and drawings for all aspects of the facilities construction including civil, structural, mechanical, demolition, and electrical and instrumentation.

5. P roposed Construction Sequencing: The Consultant shall provide a proposed construct ion sequencing that will support an optimum construction schedule. Factors to consider include, but are not limited to, the ability to continuous operation of the activated sludge basins and primary clarifiers.

Deliverable
The PDR shall be organized with separate sections for the primary clarifiers and activated sludge basins. Each section or subsection shall fully document the options considered, analysis performed, references used, assumptions made, basis of design assumptions, Consultant’s recommendations, and basis of the recommendations. Each section and subsection of the PDR shall be presented in the format of a narrative report with figures, tables, flow diagrams, and other exhibits and to sufficient detail to allow the City to fully understand the design intent and long-term operational requirements. The PDR shall be submitted in editable electronic Word version of the draft PDR report, including 11 x 17 schematic drawings and preliminary cost estimates for the City’s review.
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Task 3: Permitting
The Consultant shall develop a Permit Plan for the project. The Permit Plan will identify all permits required for the design and construction. The Permit Plan shall include, at a minimum, the following:

1. Coastal Development Permit.

2. Ventura County Air Pollution Control District.

3. The Consultant shall perform and prepare all required CEQA documentation (i.e. CEQA checklist, initial study, notice of preparation, etc.) and supporting environmental information (i.e. Categorical Exemption, Negative Declaration, Environmental Impact Report, etc). The Consultant shall be responsible for all public notices, mailings and filing fees. For budgetary purposes, Consultant shall include $30,000 in its budget for a categorical exemption, negative declaration, or mitigated negative declaration as a total estimate for the permitting work. The Consultant shall be responsible for all CEQA documentation, and shall incorporate any mitigation required by an environmental determination into the facility design.

4. All permits deemed to be the responsibility of the City shall be obtained by the Consultant on the City’s behalf. The City will provide payment for all permit fees.

Task 4: 50% Design Services
The Consultant shall create a design, equivalent to the 50% design level, incorporating the approved basis of design and recommendations presented in the PDR. Under this subtask, the bulk of the preliminary design work shall be completed. The Consultant shall produce the following 50% design deliverables:

1. Title Sheet
• Vicinity and location maps with contacts
• Table of Contents
• Drawing index ,general notes, symbols, abbreviations, and legends • Standard Details

2. Demolition:
• Site Plan
• Removal Plans
• Details
• Protection Requirements
• Asbestos and Harmful Materials Testing

3. Structural
• Structural Plans and Sections
• Concrete Repair and Rehabilitation
• Reinforcing Details
• Full Section Cuts
• Material Specifications
529
• Connection and Anchoring Details
• Elevations

4. Process Design
• Full process diagrams
• Instrumentation diagrams

5. Mechanical Design
• Mechanical plans including coordination with structural, electrical, and instrumentation & controls
• Equipment layout plans
• Blowers
• Piping plans and elevations
• Pipe support details
• Diffusers
• Primary sludge pumps
• Primary scum ejector pumps
• Odor control
• Weir covers
• Materials specifications
• Equipment specifications
• Coating specifications

6. Electrical Design
• Preliminary electrical loading and demands
• Preliminary electrical equipment layout plans
• Electrical single line diagram
• Preliminary cable and conduit schedule
• Panel schedule

7. Specifications
• Preliminary technical specification with draft text in all sections

8. Construction Cost Estimate
• The Consultant shall prepare an estimate of probable construction cost for the 50% design package. The cost estimate shall be transmitted along with the 50% design package.

Deliverable
50% design package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

Task 5: Final Design Services
530

1. 90% Design: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the preliminary (50%) design review. At the end of the 90% design phase, drawings and specifications shall be complete. The following tasks are to be completed:
• Demolition plans and details
• Structural drawings and details
• Mechanical drawings and details
• Electrical drawings (equipment, instrumentation) and details • Instrumentation and control drawings
• Complete Specifications
• Construction cost estimate
Deliverable
90% design package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

2. Final Design Submittal: During the final design phase, final comments from the 90% design submittal shall be incorporated into the drawings and specifications. This final submittal will not be reviewed by the City and will be considered the bid set. Tasks include:
• Production of final engineering drawings
• Production of final engineering specifications
• The Consultant shall prepare an estimate of probable construction cost for the 100% design package. The cost estimate shall be transmitted along with the final 100% design package.

Deliverable
Final drawings shall be signed and sealed by a professional civil engineer registered by the State of California. The Consultant shall provide three (3) sets of 11” x 17” drawings, three (3) sets of 22” x 34” (D Size) drawings, four (4) sets of specifications, and one (1) electronic copy in PDF format of the final design package for bid purposes. All drawings shall be prepared using a version of AutoCAD 2018 or later and .dwg files be delivered to the City as part of the final submittal.

Task 6: Bid Phase Services
The Consultant shall provide assistance to the City during the project advertisement and award period. Bid phase assistance shall include, at a minimum, the following:

1. Response to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period. Consultant shall provide a written response to questions within two (2) business days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown.

2. Attendance and participation in the mandatory pre-bid meeting. 531

3. The Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents.

Task 7: Construction Phase Services
Engineering services during construction (ESDC) shall include, at a minimum, the following:

1. Preconstruction Meeting: Attendance and participation in the Pre-Construction Meeting.

2. Project Progress Meetings: Attendance and participation in the Monthly Project Progress Meetings with the City and the Construction Manager to discuss the status of the Project and potential Project issues. The Consultant shall budget two (2) hours for each Project Progress Meeting, and one (1) hour travel time to and from meeting for a total of three 3 hours. The Consultant shall budget for a twelve month duration for the construction phase.

3. S ubmitta l Review: Consultant shall review all shop drawing and material submittals transmitted by the construction contractor. The Consultant shall budget for a total of 20 submittals and a minimum of three 3 hours for the first review. The Consultant shall budget for 25% of all submittals will require a resubmittal and additional review with a minimum of 1.5 hours budgeted for each resubmittal.

4. C
hange Order Review: Consultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request. The Consultant shall budget for three change order requests to be submitted during the construction phase. The Consultant shall budget a minimum of eight (8) hours for each change order request.

5. P roject Close -out: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation.

6. R ecord Drawings: The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be prepared using a version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red-line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats. In addition, the Consultant shall submit three (3) hard copies of the record drawings on 22” x 34” bond paper.

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City Council
July 5, 2023
Tim Beaman, PE
Supervising Civil Engineer
Third Amendment to Agreement A-8294 with
Brown and Caldwell for Primary Clarifiers and
Activated Sludge Basins Improvement Project
PW 21-17
577
RECOMMENDATION 2

That the City Council approve and
authorize the execution of a Third
Amendment to a Professional
Services Agreement with Brown and
Caldwell to increase the not to
exceed amount from $1,212,473 to
$1,349,868 for additional design work
required for the Primary Clarifiers &
Activated Sludge Improvements.
578
BACKGROUND 3
• Original scope of work for the design phase included in-kind replacement of mechanical equipment for the Primary Clarifiers and Activated Sludge Tanks at the OWTP, additional odor control, and outlining of required seismic improvements based upon the Integrated Master Plan• The First Amendment included additional structural analysis of existing structures, additional underground pipework, hydraulic modeling of the treatment process, additional odor control, and pavement repair. • The Second Amendment included additional input/output for the programmable logic controller (PLC) and supervisory control and data acquisition (SCADA) equipment for the Primary Clarifiers. 579
DISCUSSION 4
• On March 8, 2023 an OWTP operator noticed saturated and deteriorated asphalt above the effluent pipe for Primary Clarifier No. 1
• The pipe was exposed, revealing a break in the top of the pipe
580
DISCUSSION 5
• Operators piloted different
flow scenarios to
determine if four weir
boxes were required on
each clarifier
• It was determined that
each clarifier could
operate with only two weir
boxes
581
FINANCIAL IMPACT 6
AGREEMENT A-8243
Agreement A-8294 $1,173,413
First Amendment $330,069
Second Amendment $39,060
Third Amendment $137,395
Total Project Cost: $1,349,868
The Primary Clarifiers & Activated Sludge Improvements Project is being funded by the Wastewater Capital Fund. The Project has available appropriations of $2.45M for the design phase. 582

QUESTIONS
7 583

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: July 5, 2023

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: First Amendment to Professional Services Agreement A-8415 with AECOM Technical Services, Inc. for On-Call Utility Engineering Services. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM Technical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.

(Public Works and Transportation Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/SW1ZtZNdwp8

BACKGROUND

On June 30, 2021, the Public Works Department sent out a Request For Qualifications (RFQ) for Multi-Year On-Call Professional Engineering Services. The RFQ solicited proposals for various professional on-call engineering services that included: Roadway & Structures Engineering, Traffic Engineering, Utility Engineering, Environmental Services, Real Property Services, Surveying, Geotechnical Engineering, Material & Laboratory Testing, Drainage, Hydrology, & Hydraulic Engineering, Landscape Architecture & Park Design, Architectural & Engineering Design, Labor Compliance, and Development Plan Check. These services are required due to the specialized nature of various projects as well as the need to complete the projects within the Capital Improvement Program (CIP) in a timely manner.

AECOM is a multinational engineering consulting firm that specializes in a wide range of services. AECOM has provided professional services for a number of projects including construction phase services for the Hueneme Phase 2 Pipeline, structural and seismic assessments, construction phase services for the OWTP Reliability Project, electrical panel and variable frequency drive design at multiple locations.

DISCUSSION

On March 1, 2022, the City of Oxnard issued professional services agreement A-8415 to AECOM for On-Call Utility Engineering Services. Through this contract the City has received technical expertise and engineering services for various projects including:
• Replacement of recycled water variable frequency drives • Upgrade of the dissolved air flotation system at the Wastewater Treatment Plant • Upgrade of the effluent pump station at the Wastewater Treatment Plant • Design for a clean natural gas facility for the Del Norte Facility 584

Due to the wide range of services AECOM provides, Agreement A-8415 is now fully encumbered and requires additional funding to maintain progress on a number of projects, including:
• Del Norte Regional Transfer Station and Recycling Center CNG Facility • Carnegie Art Museum Seismic Evaluation
• Oxnard Performing Arts Center Seismic Evaluation

AECOM has a substantial track record of delivering quality work, particularly in electrical and structural engineering. In some cases AECOM staff have been working with the City of Oxnard for nearly 40 years, bringing historical background and understanding of projects and facilities. Finally, AECOM is responsive to emergency situations, providing solutions for structural and wastewater treatment issues experienced during construction.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for the Amendment to Agreement A-8415 with AECOM Technical Services, Inc., shall not exceed $1,000,000 for a total new agreement value of $1,500,000 through February 28, 2026. FY2023-24 budget is available across a number of funds including Water and Wastewater Operating Funds and capital projects. Subsequent fiscal years will be requested in the annual budget process.

Estimated Spending Plan
Department FY 23-24 FY 24-25 FY 25-26 TOTAL
Public Works
Various Divisions $500,000 $250,000 $250,000 $1,000,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on June 13, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. A-8415 Amendment

2. A-8415 Fully Executed

3. Presentation

585
F
IRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8415

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 5th day of July, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and AECOM Technical Services, Inc. (“Consultant”). This First Amendment amends the Agreement entered into on March 1, 2022, by City and Consultant.

City and Consultant agree as follows:

1. I
n Section 5 of the Cover Page of the Agreement, the date is hereby amended to state:
“ February 28, 2026.”

2. I
n Section 6 of the Cover Page of the Agreement, the total agreement amount is hereby amended to state: “ $1,500,000.”

3. I
n the Terms and Conditions section of the Agreement, term 38 is incorporated into the Agreement and shall read as follows:

“38. Iran Contracting Act. In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.

4. T
he following is attached hereto and incorporated herein by this reference into the Agreement: Iran Contracting Act Certification Exhibit.

5. T
he reference to the Cost and Rates Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Cost and Rates Exhibit May 2023. The Cost and Rates Exhibit is hereby disincorporated; instead, the Cost and Rates Exhibit May 2023 Exhibit is attached hereto and incorporated herein by this reference.

6. A
s so amended, the Agreement remains in full force and effect. [
Signatures on next page]
586
Agreement No. A-8415

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19))

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD AECOM TECHNICAL SERVICES, INC.

☐John C. Zaragoza, Mayor1 Date Bryan Paine, Vice President Date ☐Jennifer Yates, Purchasing Agent 2

Bryan Rash, Asst. Secretary 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

N CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pur
suant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ 588
Engineers, Planners, Architects, Scientists:

Technician 98.00$
Engineer I/ Specialist I 120.00$
Engineer II/ Specialist II 140.00$
Engineer III/ Specialist III 155.00$
Engineer IV 165.00$
Engineer V 185.00$
Engineer VI 205.00$
Engineer VII 220.00$
Engineer VIII 235.00$
Project Manager I/ Senior Engineer I 240.00$
Project Manager II/ Senior Engineer II 260.00$
Project Manager III/ Senior Engineer III 275.00$
Project Manager IV/ Senior Engineer IV 295.00$
Construction Administration Personnel:

Resident Project Representative 160.00$
Senior Resident Project Representative 190.00$
Resident Engineer 230.00$
Construction Services Manager 290.00$
Technical Support Staff:

Clerical/ General Office 98.00$
Administrative Specialist 120.00$
Drafter/ CADD Technician 105.00$
Assistant CADD Operator 130.00$
Designer/ CADD Operator 145.00$
Senior Designer/ Design CADD Operator 170.00$
Design/ CADD Supervisor 190.00$
Direct Project Expenses
Subcontracted or Subconsultant Services / Reproduction Cost + 5% Fee schedule is subject to change annually, upon mutual agreement. Rates for additional classifications not identified above will be submitted to the client for approval prior to any annual change in fee schedule.
2023 AECOM FEES (Eff 10-1-22).docx
AECOM
2023 RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective October 1, 2022
Cost and Rates Exhibit May 2023
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607
608
Public Works and Transportation Committee
June 13, 2023
City Council
June 29, 2023
Tim Beaman
Supervising Civil Engineer
First Amendment to Professional Services
Agreement A-8415 with AECOM T echnical
Services, Inc. for On-Call Utility Engineering
Services
609
2 RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM T echnical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.
610
June 30, 2021: Public Works Department sent out a Request For Qualifications (RFQ) for Multi-Year On-Call Professional Engineering Services which included:
3 BACKGROUND
• Roadway & Structures
• Traffic
• Labor Compliance
• Environmental Services
• Real Property Services
• Survey
• Geotechnical
• Materials T esting
• Water & Wastewater
• Stormwater
• Architecture
• Landscape Architecture
• Development & Plan Check
611
• AECOM has provided professional
services for a number of projects
including construction phase
services for the Hueneme Phase 2
Pipeline, structural and seismic
assessments, construction phase
services for the OWTP Reliability
Project, electrical panel and variable
frequency drive design at multiple
locations.
4 BACKGROUND
612
• AECOM is a multinational
engineering consulting firm
that specializes in a wide
range of services
• Future AECOM projects
include:
• Del Norte Regional Transfer
Station and Recycling Center
CNG Facility
• Carnegie Art Museum Seismic
Evaluation
• Oxnard Performing Arts
Center Seismic Evaluation

DISCUSSION
5 613
• T otal cost for the Amendment to Agreement A-8415 with AECOM T echnical Services, Inc., shall not exceed $1,000,000 for a total new agreement value of $1,500,000 through February 28, 2026
• Costs will be funded using budgeted appropriations from the various divisions within the Public Works Department, primarily tied to Council approved and budgeted Capital Improvement Projects
• Funding for subsequent fiscal years will be requested in the two-year Capital Improvement Program budget process.

6 FINANCIAL IMPACT
614
Questions?
615

Oxnard City CouncilJuly 5, 2023

Oxnard City Council
July 5, 2023