Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 1 of 8 Rev. 09-28-18
EBIX Insurance No. S200005956
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BIGGS CARDOSA ASSOCIATES, INC.
FOR
BRIDGE PREVENTIVE MAINTENANCE AT VARIOUS BRIDGES PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Biggs Cardosa Associates, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” Throughout this Agreement “Contractor” and “Consultant” are used interchangeably and refer to Consultant.
RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 2 of 8 Rev. 09-28-18
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Terms and Conditions for Federal-Aid
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the date this Agreement is signed by both Parties, and terminate on December 31, 2029. Services may commence upon City issuing a written notice to proceed.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 3 of 8 Rev. 09-28-18
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is four hundred and sixty-six thousand, two hundred and thirty-seven dollars ($466,237), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services.
All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 4 of 8 Rev. 09-28-18
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 5 of 8 Rev. 09-28-18
Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement, except for professional design services as defined in the CA civil code 2782.8, whereby the terms of this indemnity for such services shall be consistent with the duty and cost to defend detailed in CA civil code 2782.8.
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
15. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
16. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 6 of 8 Rev. 09-28-18
City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Biggs Cardosa Associates, Inc.,
Attention: John Alciati
865 The Alameda
San Jose, CA 95126
And by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
17. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
18. TERMS AND CONDITIONS FOR FEDERAL-AID
Contractor acknowledges that the services are funded by federal funding and agrees to comply with the terms and conditions in Exhibit E, Terms and Conditions for Federal-Aid.
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 7 of 8 Rev. 09-28-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 8 of 8 Rev. 09-28-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
-ƿ9$1'*52*$1
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
“CITY”
BIGGS CARDOSA ASSOCIATES, INC.
a California corporation
Dated:
B
y (Signature):
Name: Mahvash Harms
Title: ([HFXWLYH9LFH3UHVLGHQW
Principal Place of
Business Address: 865 The Alameda, San Jose, CA 95126
Email Address: mharms @biggscardosa.com
Telephone: (408) 296-5515
Fax: (408) 296-8114
“CONTRACTOR”
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 1 of 22
Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
I. GENERAL
1. Description of Project, Services, and Objective:
Biggs Cardosa Associates, Inc. (Consultant) shall provide engineering design services to prepare the desi gn and construction bid documents (plans, specifications, and engineer’s estimate or PS&E) for public works construction bidding of the Bridge Preventi YH 0DLQWHQDQFH DW 9DULRXV Bridges Project (Project).
The engineering design services (Services) include independent condition assessments, development of final repair recommendations, preparation of complete PS&E packages compliant with Caltrans standards for public works bidding, coordination through the federal-aid approval process, and support through bidding, award, and construction phases.
The City’s objective is for Consultant to provide all design professional Services necessary to design the Project for construction as contemplated in the City’s Request for Proposals (RFP), the Consultant’s response to the RFP (Proposal), and as described herein this Agreement, for the Project Objective of performing bridge preventive maintenance at twelve City- owned bridges.
2. Background
This Scope of Services is based upon Consultant’s Proposal dated January 23, 2026 in response to City’s Request for Proposals, and subsequent negotiations between City and Consultant. It is mutually agreed by City and Consultant that this Scope of Services incorporates Consultant’s professional qualifications and experience and will meet City’s objective.
The Project is partially funded by federal funds through Caltrans’ Bridge Preventative Maintenance Program (BPMP) for the design and construction phases of the Project. The City has entered into an agreement with Caltrans for the design phase. Grant funds for the construction phase of the Project is contingent on a separate agreement between City and Caltrans to be initiated upon completion of construction documents.
The funding agreement between the City and Caltrans for the BPMP grant funds requires that construction be completed by December 31, 2029 and the Consultant shall adhere to the Project schedule to ensure Project design is completed with ample time to complete construction phase by this date.
For the purposes of the Agreement, completion of engineering design services shall be defined as completion of Task 1 through Task 9 of this Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 2 of 22
Rev. 09-28-18
Scope of Services.
3. Consultant Team
Consultant shall provide the Services described herein through a consultant team (Project Team), comprised of Consultant and its staff, and subconsultant(s) and its staff, identified as follows:
Consultant: Biggs Cardosa Associates, Inc.
Subconsultant(s) to Biggs Cardosa Associates, Inc.:
x HMH Civil Engineering and traffic handling
x David J Powers Environmental services
2nd Tier Subconsultant(s) to David J. Powers:
x HT Harvey Ecological consultant
Any changes to the Project Team through the course of Services is subject to approval in writing by City. All Services described in this Scope of Services shall be self-provided by Consultant unless specifically described otherwise, or otherwise approved in writing by City. City shall have the right to approve any subconsultant(s) or subcontractor(s) described above as to be determined.
4. Baseline Solution and Assumptions
The purpose of the Project is to extend the service life of 12 bridges in the City. Below is the list of the bridges with corresponding work recommendations for specific bridge preventive maintenance:
Bridge Details
Work
Recommendations from
PM00199
Work Recommendations
for this Agreement
Coleman Ave. & De La
Cruz Blvd. Connection
O.C. 3
rd Level
Structure (37C0145)
Polyester Concrete
Overlay & Joint Seal
Replacement
Chip out and patch any unsound concrete in
the deck. Blast clean and place a minimum 1-
inch-thick polyester concrete overlay on the
deck.
Replace joint seals at the hinges concurrent
with placing a polyester concrete overlay.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 3 of 22
Rev. 09-28-18
Bridge Details
Work
Recommendations from
PM00199
Work Recommendations
for this Agreement
Coleman Ave. & De La
Cruz Blvd. Separation
2nd Level Structure
(37C0147)
Polyester Concrete
Overlay & Joint Seal
Replacement
Chip out and patch any unsound concrete in
the deck. Blast clean and place a minimum 1-
inch-thick polyester concrete overlay on the
deck.
Replace both joint seals concurrent with the
placing of a polyester concrete overlay.
San Tomas Aquino
Creek & Walsh Ave.
(37C0248)
Polyester Concrete
Overlay & Repair Spalls
Chip out and patch any unsound concrete on
the deck. Blast clean and place a minimum 1-
inch-thick polyester concrete overlay.
Chip out any unsound concrete around the
exterior face spall of the right rail near Pier 2.
Clean and patch with a suitable cementitious
material.
San Tomas Aquino
Creek & Old Mountain
9LHZ-Alviso Rd.
(37C0557)
Polyester Concrete
Overlay
Chip out and patch any unsound concrete on
the deck. Blast clean and place a minimum 1-
inch-thick polyester concrete overlay on the
deck.
Repair the 2-inch settlement on the approach
of Abutment 1 on the whole eastbound lane.
San Tomas Aquino
Creek & Mission
College Blvd.
(37C0251)
Remove AC Overlay &
Polyester Concrete
Overlay
Remove asphalt concrete, repair any
delaminations as needed, and place a 1-inch-
thick polyester concrete overlay.
San Tomas Aquino
Creek & Scott Blvd.
(37C0250)
Methacrylate Treatment
Chip out and patch back any unsound deck
concrete. Blast clean and place a minimum 1-
inch-thick polyester concrete overlay.
Calabazas Creek &
Machado Ave.
(37C0308)
Methacrylate Treatment
& Repair Bridge Railing
Repair or replace the steel baluster barrier
rail.
Chip out any unsound concrete in the deck
and patch with a suitable cementitious
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 4 of 22
Rev. 09-28-18
Should there be deviations from the Baseline Solution that results in services or fees being materially or significantly different than represented for the Baseline Solution, the Scope of Services and Schedule of Fees shall be addressed by City and Consultant in writing prior to Consultant proceeding with any services deviating from the Baseline Solution.
Bridge Details
Work
Recommendations from
PM00199
Work Recommendations
for this Agreement
material. Blast clean the deck and apply a
minimum 1-inch-thick polyester concrete
overlay.
Saratoga Creek &
Kiely Blvd.
(37C0148)
Repair Spalls & Reset
Bridge Railing
Repair spalls at the edge of the deck, both
right and left, near the northerly abutment.
Saratoga Creek &
Cabrillo Ave.
(37C0244)
Repair Bridge Railing Re-secure the second rail post on the right side.
Calabazas Creek &
Cabrillo Ave.
(37C0246)
Repair Spalls Chip out, clean and patch the spalls on the edge of deck along the rail.
Saratoga Creek &
Pruneridge Ave.
(37C0289)
Repair Spalls
Remove the incipient material from the right-
side edge of deck near Abutment 1 and from
the left side edge of deck near Abutment 2
and patch the underlying spalls.
Repair the rail post on the left side of
Abutment 2.
7DVPDQ'ULYH
97$
LRT)
Lafayette St & UPRR
Separation &
Overhead. (37C0213)
Repair & Patch
Delaminated Polyester
Concrete Overlay
Chip out and repair delaminated polyester
concrete overlay area in the eastbound No. 1
Lane. Delaminated area measures 2 square
yards.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 5 of 22
Rev. 09-28-18
II. RESPONSIBILITIES OF CITY
City will provide the following information and support regarding the Project as- available and applicable:
x Record drawings (as-available).
x City’s Standard Details, Specifications, Benchmark, and Design Criteria. x Storm Drain (SD), Sanitary Sewer ( SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).
x Geographic Information System (GIS) data including land parcels, right-of-way linework, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles.
x Payment of permit application fees, if required.
x Filing exemption under the California Environmental Quality Act, if applicable.
III. BASIC SCOPE OF SERVICES
The Basic Scope of Services includes all professional services required to design and prepare construction bid documents (plans, specifications, and engineer’s estimate or PS&E) for the public works bidding of the Project. The following Tasks shall be completed by Consultant.
1. TASK 1: PROJECT MANAGEMENT AND COORDINATION
Consultant shall:
1.1. Manage its team and overall project activities consistent with the direction from City in order to meet the project schedule and budget.
1.2. Coordinate with City, design te am members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the Project as well as the Quality Assurance/Quality Control (QA/QC) activities for Project deliverables.
1.3. Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the construction package. Schedule shall show significant milestones for the Project. Consultant shall notify City if there are delays or potential delays in any phase of the Project. In such cases, Consultant shall make up the schedule in subsequent phases of the Project or provide information to City substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.
1.4. Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 6 of 22
Rev. 09-28-18
management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated City staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by City or Consultant.
1.5. Conduct QC reviews in accordance with its QA Program guidelines.
Consultant shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
1.6. Invoicing and Contract Administration: Consultant administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the Consultant’s basic hourly rates and shall not be billed. Additionally, addressing administrative issues regarding the professional services agreement, such as preparing additional services requests or budget modifications, shall also be considered as included in the overhead of the Consultant’s basic hourly rates and shall not be billed.
1.7. Only the designated Project Manager or approved delegates performing project management duties shall charge time to Task 1 Project Management and Coordination. Consultant’s technical staff working on other tasks for the Project shall not charge to the pr oject management task. Additionally, if the Project Manager is performing technical work related to other tasks, time spent on those tasks shall be charged to the task and not to project management.
1.8. Task 1 Project Management and Coordination shall commence with the project written notice to proceed and end upon completion of award of construction contract under Task 7 Bid Support Assistance. Thereafter, services provided consistent with the above provisions shall be budgeted and billed to subsequent tasks, e.g. Task 8 Construction Support or Task 9 Record Drawings and Project Close-Out, whichever may be applicable at the time services are provided.
1.9. City staff will be present at community meetings as needed to present the project and respond to questions. The Consultant will not be required to attend these meetings.
1.10. Deliverables:
1. Progress schedule in MS Project format (submitted electronically as an 11” x 17” pdf file and in native MS Project format).
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 7 of 22
Rev. 09-28-18
2. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file), including kick-off meeting minutes.
3. Monthly progress reports and invoices (in pdf file).
2. TASK 2: PRELIMINARY ENGINEERING & DESIGN (35%)
2.1. Site Evaluation:
Consultant shall perform a field evaluation of each bridge, independent of the BIR work recommendations, to confirm the recommended bridge repair items from the BIR and identify additional repair items.
2.2. Background Research:
Consultant shall:
1. Collect and review relevant reports, record drawings, data, maps and other documents relevant to defining the limits and scope of design for the Project.
2. Coordinate with outside agencies to collect and review utility information. The City will provide utility maps for storm drain, sanitary sewer, water, and electric utility.
3. Prepare a Notice of Intent to Construct (NOI) or similar process and submit it to the known utility operators in order to gather records for existing utilities at each project location. Location map exhibits will be required to be submitted as part of the NOI.
Consultant shall provide City a draft copy of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide City all information received from the NOI.
2.3. Preliminary Design Recommendations:
Consultant shall:
1. Propose work recommendations at each bridge based upon the Caltrans work recommendations and Consultant’s site
evaluations. Consultant shall consider factors such as cost and benefits, constructability, fu ture operations and maintenance considerations.
2. Prepare a budget level 35% project cost estimate that includes all project costs including construction costs, soft costs, permitting costs, contingencies, and all other costs involved to complete the Project. The purpose of this cost estimate is to ensure adequate funds are available to complete the Project.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 8 of 22
Rev. 09-28-18
3. Formalize the design recommendations at each bridge under this Task in a brief design recommendations memorandum for City’s review and approval. Consultant shall meet with City for one (1) meeting to review the recommendations in the memorandum and anticipate up to two (2) rounds of City comments and revisions to the memorandum provided that the Consultant incorporates the comments and revisions as appropriate for each round of revision.
2.4. Deliverables:
1. Design Recommendations Memorandum.
2. Notice of Intent to Construct (NOI) forms, tracking log, and information received.
3. Preliminary 35% Project Cost Estimate.
3. TASK 3: CEQA ANALYSIS AND NEPA
3.1. NEPA Environmental Clearance:
Consultant shall:
1. Prepare and submit to Caltrans one (1) Draft Preliminary Environmental Study (PES) form for all 12 sites for City review.
The PES shall be completed pursuant to Caltrans’ Standard Environmental Reference (SER) and LAPM, and shall include an explanation for all checklist answers, maps, and figures, and all required attachments. The PES shall include a visual impact questionnaire, United States Fish and Wildlife Service (USFWS) list of federally listed species, National Marine Fisheries Service (NMFS) list of federally listed species, Federal Emergency Management Agency (FEMA) floodplain maps, and hazardous materials database map for each bridge location.
2. Attend one (1) formal Caltrans Field Review meeting.
3. It is anticipated that the following technical memorandums, studies, and reports may be required to complete this project.
The Consultant shall be the lead in preparing required documents based on Caltrans’ SER for NEPA Environmental Clearance.
Prior to beginning any work on any of the following technical memorandums, studies, and reports, the Consultant shall confirm the work with the City.
a. Natural Environment Study (NES) (one for all bridges combined)
b. Traffic Control Plan Technical Memo (traffic control during construction and construction hours)
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 9 of 22
Rev. 09-28-18
c. Equipment Staging Technical Memo (staging location details) d. Construction Noise Technical Memo (adherence to local ordinance)
e. Water Quality Technical Memo
f. Hazardous Waste Technical Memo
g. Location Hydraulic Study
h. Summary Floodplain Encroachment Report
i. Air Quality PM2.5 Exemption Email*
*City will complete MTC online form for the Air Quality PM2.5 Exemption. City will forward exemption email to Consultant upon receipt from MTC.
Consultants shall submit each of the memorandums and reports to the City for review, prepare final memorandums and reports based on City comments, and submit final versions to City. City shall submit documents to Caltrans.
A NEPA revalidation form will re quired by Caltrans when submitting the RFA for CON documents to Caltrans, and
preparing this form is included in the scope of services. This scope of services assumes that the original environmental document or CE remains valid and no further documentation will be prepared.
3.2. CEQA Environmental Clearance:
1. Consultant shall evaluate the work proposed under the project for conformance to CEQA guidelines and prepare a memorandum of CEQA determination recommendation.
2. It is anticipated that the project will be exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines.
Section 15301, Existing Facilities, applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 provides several examples of projects that this exemption category is applicable, including existing st reets, sidewalks, gutters, bicycle and pedestrian trails, and pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.
3. In accordance with the anticipated CEQA exemption, Consultant shall prepare a Notice of Exemption for the improvements included in Project. The Notice of Exemption shall be submitted Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 10 of 22
Rev. 09-28-18
in draft for the City review and revised/finalized for submittal based on the City reviews. City shall file the Notice of Exemption and City will pay filing fees (County filing fee and CDFW fees, if applicable). Consultant will provide supporting documentation to City for City to submit to the State Clearinghouse under City's CEQANET account.
3.3. Natural Environmental Study:
1. Consultant shall prepare one Natural Environment Study (NES) report, covering all 12 sites, per Caltrans guidelines and the most recent Local Assistance template.
3.4. The following studies were contemplated as potentially becoming necessary for the Project, but Consultant and City agree that the following services are not considered as included in the Basic Scope of Services.
1. Biological assessment (BA).
2. Cultural resources investigation.
3. Roosting bat surveys.
3.5. Deliverables:
1. NEPA Categorical Exclusion.
2. CEQA Categorical Exemption.
3. Natural Environmental Study.
4. Technical Memorandums and Reports as required under NEPA and CEQA.
5. Memorandum of CEQA Determination Recommendation
6. Draft and Final Notice of Exemption.
4. TASK 4: CALTRANS LAPM SUPPORT
4.1. Consultant shall serve as the lead in assisting City with the Caltrans Local Assistance Process in order to obtain receipt of federal funds programmed for the Project. Consultant shall be the lead in preparing all required documents, forms, and reports as identified in the Caltrans Local Assistance Procedures Manual (LAPM) including, but not limited to PS&E Certification and Checklist, Right of Way Certification, Exhibits 3-A, 7-B, 9-E, 12-B, 12-D, 12-E, 12-F, 15-A, 15-B, 15-D, 15-L, and 15- M.
4.2. City shall serve as the lead in obtaining additional funds from Caltrans beyond what is currently programmed for the Project based on Preliminary Engineering Report findings.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 11 of 22
Rev. 09-28-18
4.3. Consultant shall prepare an additional funding request for additional Preliminary Engineering (PE) and Construction (CON) funds that includes the following documents. The City will sign and submit the documents to Caltrans.
1. Certification letter documenting the additional work items.
2. BPMP Excel spreadsheet documenting the work description and funding requests per bridge.
4.4. After receiving notification from Caltrans of the additional funding from item 4.3 above, Consultant shall prepare the Exhibit 3-A Request for Authorization form to request addi tional PE funding. The City will sign and submit the document to Caltrans.
4.5. Consultant shall complete the Field Review (FR) Form, including required attachments, and attend the Field Review meeting.
4.6. Consultant shall complete the Preliminary Environmental Study (PES) form and all required documents per Caltrans LAPM in compliance with California National Environment Policy Act (NEPA) and other applicable environmentally related laws. It is assumed Caltrans will be Lead Agency for NEPA.
1. It is anticipated that the br idge maintenance to be designed and constructed will be deter mined as categorically excluded under 23 USC 326.
4.7. Consultant shall assume to prepare a draft Request for Authorization (RFA) for City review at the 100% PS&E milestone, and final RFA for submittal to City and Caltrans in conjunction with the Final Bid Set PS&E.
4.8. Consultant shall be the lead in preparing all required documentation for City review, and City will submit documentation to Caltrans.
4.9. Deliverables:
1. Pre-Field Review Document Preparation.
2. Draft and Final documentation for Field Review.
3. Draft and Final documentation required for NEPA clearance.
4. Draft and Final documentation for PS&E Certification and Checklist.
5. Draft and Final documentation for Right of Way certification(s).
6. Draft and Final documentation Request for Authorization (RFA) to Proceed with Construction.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 12 of 22
Rev. 09-28-18
5. TASK 5: AGENCY COORDINATING AND PERMITTING
5.1. Consultant shall be responsible for coordinating and securing encroachment and regulatory permits necessary to bid and construct the Project, including but not limited to site visits, coordination, draft document preparation, comment resolution, final document submittal.
Consultant shall serve as lead in obtaining all concurrence and approvals. Consultant shall provide each permitting agency with a project description including the appropriate project plans along with the permitting applications and any necessary supporting documentation.
Consultant shall submit the permitting package to City for signature and Consultant shall submit to the permitting agencies.
5.2. Consultant shall respond in writing to all questions and comments raised by the permitting agencies. Copies of comments and/or questions received, and draft responses shall be submitted to City for approval prior to submittal to the agencies. Final permit requirements shall be incorporated into the project's contract documents.
5.3. It is anticipated that Consultant will start the agency coordination and permitting right after concurrence of the 65% design by the City. It is important that the design is validated and cleared of substantial obstacles prior to submitting permit applications in order to avoid rework.
Permits shall be submitted at the appropriate time in accordance within the project schedule to ensure permits are issued and final to be incorporated into the construction documents prior to bid.
5.4. Consultant shall coordinate and make necessary arrangements with the following permitting agencies during design to ensure the project will be permitted when City's construction contractor applies for the permit.
1. Union Pacific Railroad (UPRR) . Consultant will prepare and coordinate a Maintenance Consent Letter with UPRR to perform the bridge maintenance work at the Tasman Drive Overhead.
City will pay permit fee.
2. California Department of Fish and Wildlife (CDFW). Consultant will prepare one Section 1602 Streambed Alteration Agreement (SAA) application inclusive of all 9 bridges over waterways.
Application materials include Form FG 2023, Lake and
Streambed Alteration Program Project Questionnaire, all copies of environmental documentation, all correspondence with CDFW agency staff, an impact assessment, and project drawings. City will pay permit fee. It is assumed CDFW will provide Operation Law (OpLaw) authorization and an agreement is not anticipated.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 13 of 22
Rev. 09-28-18
5.5. Consultant shall complete all steps necessary to obtain permits and approvals, including but not limited to site visits, coordination, draft document preparation, comment resolution, and final document submittal.
5.6. Consultant will include technical sp ecifications for the Contractor to obtain encroachment permits from the following agencies:
1. 9DOOH\ 7UDQVSRUWDWLRQ $XWKRULW\
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Permit and Construction Access Permit
2. 6DQWD&ODUD9DOOH\:DWHU'LVWULFW
6&9:'
5.7. It is assumed traffic handling will not impact Caltrans right-of-way and a Caltrans encroachment permit is not needed and not included in this scope of services.
5.8. All work recommendations are outside the top of bank. It is assumed RWQCB and USACE permits are not needed and not included in this scope of services.
5.9. All twelve bridges are outside of SFPUC (Hetch-Hetchy) right-of-way. It is assumed SFPUC coordination and permits are not needed and not included in this scope of services.
5.10. If additional approvals, permits, or coordination with agencies other than those listed under this Task are identified during the course of this Project resulting in changes to the Basic Scope of Services or Schedule of Fees under this Task, changes shall be proposed by Consultant and approved in writing by City prior to commencement of those subtasks.
5.11. Deliverables:
1. Permit application packages with all necessary supporting documentation.
2. Final permits.
3. Approvals and general applications with all necessary supporting documentation.
6. TASK 6: CONSTRUCTION DOCUMENTS (65%, 95%, 100%, and FINAL
BID SET SUBMITTALS)
6.1. General
1. All construction documents shall be prepared in accordance with the following standards, manuals, and guidelines:
a. 2025 California Department of Transportation (Caltrans) Standard Plans & Specifications
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 14 of 22
Rev. 09-28-18
b. Caltrans Bridge Design and Detailing Manuals
c. Caltrans BPMP Guidelines for Local Agencies
d. AASHTO LRFD Bridge Design Specifications 2019 Edition with California Amendments, preface dated October 2022
2. City’s preferred plan format is 22” x 34” sized sheets at a legible scale.
3. Construction specific staging and traffic control is not required in the Plans for this project, but shall be coordinated with the City and included in the Specifications.
4. The Plans shall show existing signing and striping at each project location. Existing conditions shall be detailed on general plan sheets and project specifications shall instruct contractor to restore existing signing and striping in kind.
5. The bridge repairs will not require any right-of-way acquisition or temporary construction easements so no right-of-way
engineering will be necessary. A Caltrans Right-of-Way Certification Request form (LAPM Exhibit 13-A) will need to be prepared and submitted to Caltrans to certify that the project will not require any right-of-way acquisition.
6. The bridge repairs will not requir e any utilities to be relocated and the preparation of utility plans are not included in this Scope of Services.
6.2. 65% Construction Documents Package
Consultant shall perform engineering and design activities to develop a 65% level of completion construction documents. The 65% submittal shall be considered as a complete package necessary to bid the Project, and subsequent submittals shall provide opportunities to further refine the contract documents.
1. Construction Documents
The 65% construction documents submittal shall follow the guidelines of the most current City Design Criteria and Standard Details and shall include Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
a. The Plans shall be complete and show available right-of-way linework, existing high-risk utilities, and major construction features. b. Specifications shall include all Technical Specifications or Special Provisions required to construct the Project. Technical specifications will be in book format using Caltrans Standard Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 15 of 22
Rev. 09-28-18
Specifications and Standard Special Provisions. City will prepare the “upfront” contract specific ations, i.e. Divisions 0 and 1 specifications of City’s boilerplate . Consultant shall provide all information required for City to complete the boilerplate. This information includes:
x Description of work.
x Type of Contractor’s License required.
x Schedule of Bid Prices.
x Requirements for Contractor’s Statement of
Qualifications (e.g. experience requirements for
previous construction contracts and contract
values).
x Recommendations for appropriate Liquidated
Damages
x Identification of any changes to the City’s
boilerplate that are required.
c. Consultant shall be familiar with City’s standard specifications and provide all Technical Specifications or Special Provisions such that they supplement, and do not conflict with, and are not redundant with the standard specifications. Changes to the City’s boilerplate or deviations from the standard
specifications shall be addressed by incorporating appropriate information into the Project Technical Specifications or Special Provisions.
d. The Engineer’s Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of bid using engineering judgement. Consultant shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate.
e. The probable construction schedule will be used to establish the construction contract duration (e.g. number of working days) in the Project specifications. The construction schedule does not need to be detailed, but it should contain enough information to accurately determine the contract duration.
The construction schedule will itemize the estimated working days per bridge to determine a total estimated working days for the project. An MS Project schedule will not be required. f. Consultant shall conduct a quality control (QC) review of the submittal in accordance with Consultant’s Quality
Assurance/Quality Control (QA/QC) program.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 16 of 22
Rev. 09-28-18
2. Response to Comments
a. City will circulate the submittal package to internal City departments for review and comments. Consultant shall be responsible for submitting the package to external
stakeholders if required. Consultant shall prepare written responses to all written comments received. All redlined drawings shall be returned with Consultant’s response on the redlined drawings.
b. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved. Consultant shall conduct a 65%
comments review meeting with City to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate City’s comments. The review meeting may be held virtually.
3. Deliverables for 65% Construction Documents Package:
1. 65% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project construction
schedule).
2. Written response to comments.
6.3. 95% Construction Documents Package
Consultant shall refine the Plans, Specifications, and Engineer’s cost estimate based on the 65% review comments from City. All outstanding comments and issues from previous submittals shall be incorporated into the 95% construction document package.
1. Construction Documents
The 95% construction documents submittal shall follow the guidelines of the most current City Design Criteria and Standard Details and shall include Plans, Specifications, and Engineer’s Cost Estimate.
a. Consultant shall conduct a quality control (QC) review of the submittal in accordance with Consultant’s Quality
Assurance/Quality Control (QA/QC) program
2. Response to Comments
a. City will circulate the submittal package to internal City departments for review and comments. Consultant shall be Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 17 of 22
Rev. 09-28-18
responsible for submitting the package to external
stakeholders if required. Consultant shall prepare written responses to all written comments received. All redlined drawings shall be returned with Consultant’s response on the redlined drawings.
b. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved. Consultant shall conduct a 95%
comments review meeting with City to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate City’s comments. The review meeting may be held virtually.
3. Deliverables for 95% Construction Documents Package:
1. 95% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate).
2. Written response to comments.
6.4. 100% Construction Documents Package
Consultant shall finalize the Plans, Specifications, Engineer’s cost estimate, and construction schedule based on the 95% review comments from City. All outstanding comments and issues from previous submittals shall be incorporated into the 100% construction document package. The 100% Construction documents shall be considered as complete with no future revisions planned nor deemed necessary.
The 100% construction package shall include final Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
1. The 100% construction package shall incorporate comments received from City on the 95% submittal package. The submittal shall include a written response to City comments including a description of how the comments were/were not incorporated into the submittal package. All redlined drawings shall be returned with Consultant’s response on the redlined drawings.
2. The Consultant shall prepare all necessary federal contract language intended for use in Project Specifications. City will compile language into the front-end Specifications.
3. Consultant shall have independent team within company with no prior involvement in the project conduct a quality control (QC) Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 18 of 22
Rev. 09-28-18
review of the submittal in accordance with Consultant’s Quality Assurance/Quality Control (QA/QC) program. The QC review will include a Red-Green-Yellow (RGY) line by line check of the structure plans, technical specifications, cost estimate and quantities.
4. PEER Review: Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.”
5. Consultant shall review previous projects of agencies near City and prepare a list of potential bidders for the Project.
6. Response to Comments:
City will circulate the submittal package to internal City departments for comments. Consultant shall be responsible for submitting the package to external stakeholders if required.
Consultant shall prepare written responses to all comments received. All redlined drawings shall be returned with Consultant’s response on the redlined drawings. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved.
Consultant shall conduct a 100% comments review meeting with City to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incorporate City’s comments. The review meeting will be held at City.
7. Deliverables for 100% Construction Documents Package:
1. 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule).
2. Written response to City comments on the 100% design submittal.
3. 100% review meeting agenda and meeting minutes.
4. Federal contract language for front end Specifications.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 19 of 22
Rev. 09-28-18
5. Certification letter of PEER Review.
6. List of potential bidders in MS Excel format and shall include the company’s name, email address, contact
number, and address of business.
7. 2QH RULJLQDO 9HULILFDWLRQ RI 'LJLWDO 6LJQDWXUH /HWWHU DQG three set of original signed plans to be submitted to the Building Department.
6.5. Final Bid Set Documents
1. The submittal shall be considered as a limited submittal to formalize and sign the Final Bid Set documents, and resolution of any minor issues remaining from the 100% Design Submittal package.
2. The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by Consultant in responsible charge for their preparation and be considered ready to bid. The final submittal shall be ready for City staff approval signatures.
3. The final bid-set documents shall meet federal requirements for Highway Bridge Program (HBP) funding.
4. Deliverables for Final Bid Set:
1. Stamped, signed, and dated Final Plans for City signature (electronic files in AutoCAD and PDF formats).
2. Stamped, signed, and dated Final Specifications and
supporting documents meeting City’s requirements for
bidding purposes (electronic files in MS Word and .PDF
formats).
3. Final Engineer’s cost estimate (electronic files in MS Excel and .PDF formats).
4. Final construction schedule (electronic files in .PDF formats).
7. TASK 7: BID SUPPORT ASSISTANCE
Consultant shall provide assistance to City during the construction bidding and award phase, answer questions from bidders, assist in preparation for addenda when necessary, and assist City in evaluation of bids received, when requested. All services completed within this task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
Consultant shall:
7.1. Provide clarifications and assistance during the bidding phase to Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 20 of 22
Rev. 09-28-18
satisfactorily answer up to five (5) questions from prospective bidders, if requested by City. City to reproduce and distribute Contract Documents, maintain a plan holder’s list and log of bidder’s questions and responses.
7.2. Attend Pre-Bid Meeting, if required by Project. Consultant shall coordinate with City to prepare agenda and meeting minutes.
7.3. Prepare up to one (1) addenda to Construction Documents, if needed.
City to reproduce and distribute all addenda.
7.4. Assist City in evaluating bids and preparation of award of contract, if needed.
7.5. If addenda are issued, prepare a conformed set of documents that incorporated addenda into the documents.
7.6. Deliverables:
1. Written clarifications and response to prospective bidders, if needed.
2. Addenda to the Bid Documents, if needed.
3. One complete conformed construction documents, if needed.
8. TASK 8: CONSTRUCTION SUPPORT
The City’s Field Services Division will have primary responsibility for construction management and inspection. Consultant’s responsibility to provide basic services for the construction phase under this Agreement commences with the award of construction contract and terminates on the date City approves the notice of completion of Project. All services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
The amounts included in the Schedule of Fees are based upon the Consultant’s experience and judgment of the services anticipated to become provided for the Project by Consultant.
Consultant shall:
8.1. Attend Pre-Construction Meeting upon request by City and respond to pre-construction meeting questions.
8.2. Review and approve shop drawings and submittals. Assumes reviews, comments, and review of revised submittals, as necessary and as applicable for each submittal. The Consultant’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in Consultant’s judgment to permit adequate review. Consultant will be allowed a maximum of seven (7) Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 21 of 22
Rev. 09-28-18
calendar days for review of submittals. Consultant will be responsible for reviewing the following submittals.
1. Joint seal material
2. Polyester concrete material
3. Rapid set concrete patch material
All other submittals will be reviewed by the City or the City’s CM group and are not included in this scope of services.
8.3. Review up to five (5) Contractor’s request for information (RFI’s) and furnish additional drawings and/or specifications for supplementing, clarifying, and/or correcting purposes. Consultant shall be allowed a maximum of seven (7) calendar days to respond to RFI’s that impact Project schedule or a maximum of 14 calendar days to respond to RFI’s that do not impact Project schedule.
8.4. Attend up to a total of four (4) site visits when necessary as determined and requested by City.
8.5. Assist City with the review of construction, and other activities, as requested.
8.6. Prepare, review, and recommend approval of up to one (1) design related change orders, as requested.
8.7. Deliverables:
1. Shop drawing and submittal comments.
2. RFI responses.
3. Site visit memoranda, as required.
4. Drawings and specifications for supplementing, clarifying, and/or correcting the contract documents for design related change orders.
5. Change orders, as required.
9. TASK 9: RECORD DRAWINGS AND PROJECT CLOSE-OUT
All services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.
If requested, Consultant shall:
9.1. At Final Completion of the Project, provide City with one set of reproducible Record Drawing that reflects the changes to the work during construction based upon marked up prints, drawings, and other data furnished by the Contractor, City, and Consultants. If Consultant Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit A-Scope of Services Page 22 of 22
Rev. 09-28-18
adds additional sheets to the plans, these shall be properly numbered, properly referenced on other affected drawings, and included in the drawing sheet index.
9.2. Provide a complete set of the Record Drawings and all X-ref files “bound,” including other associated fonts, plot style files on AutoCAD, including electronic copies in PDF format. Consultant may, at its own expense, prepare and retain a copy of each drawing for its permanent file.
9.3. Consultant shall provide to the City of Santa Clara, relevant digital products and related information (e.g. notes, recommendations, photographs, etc.).
9.4. At the City’s discretion, the City may consider red-lined drawings prepared by Contractor or prepared by City to serve as the Record Drawings for the project and in such case, Consultant shall review the red-lined drawings for accuracy based upon Consultant’s knowledge of the construction.
9.5. Deliverables:
1. Record Drawings provided electronically in AutoCAD and PDF formats.
IV. ADDITIONAL SERVICES
Additional Services are defined as services not contemplated nor described in this Scope of Services as a Basic Service or Optional Service that may become necessary during the course of Services (e.g. out of scope services). Additional Services are further defined as services that are materially or significantly different than presumed for the Baseline Solution.
City reserves the right to add, delete, or modify the Services provided by Consultant throughout the course of Services based upon City's needs.
Consultant shall not proceed with any Services it considers Additional Services without written authorization by City prior to providing any such Services.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit B-Schedule of Fees Page 1 of 5
Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
I. GENERAL PAYMENT
Payment to Consultant is for the hours of services provided at the hourly rates and reimbursable expenses, specified herein this Exhibit B. The specified hourly rates consist of direct labor costs, indirect costs, and fee or profit.
Billing shall be on a monthly basis based on the services performed for each Task.
Consultant shall, during the term of this Agreement, invoice the City for hours and dollars of Services completed under this Agreem ent. The invoice shall describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of Services performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
Subconsultant(s) invoice(s) pass-through billed through Consultant to City shall be consistent with the terms contained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.
The total payment to the Consultant for Basic Services, as stated in Exhibit A, Scope of Services, shall not exceed $423,852. The total payment to the Consultant for Additional Services shall not exceed the sum of $42,385. In no event shall the total payment to the Consultant for services under this Agreement exceed $466,237 for the Project, subject to budget appropriations.
II. BASIC SERVICES
The total payment to Consultant for all Services necessary for performing all Tasks, as stated in Exhibit A, Scope of Services, shall be in proportion to Services rendered and on cost plus fixed fee basis.
The Consultant fee allocated to each Task, as shown in the table that follows, shall be the Consultant’s full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate budget amongst Tasks or to or from Additional Services at the City’s sole discretion. The Consultant shall bill time and materials spent on a Task and will not be allowed to charge to future or inactive Tasks unless approved in writing by City. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the Services rendered.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit B-Schedule of Fees Page 2 of 5
Rev. 09-28-18
The total amount of all the Tasks is a not-to-exceed amount. Figures in the table that follows include all labor costs, indirect costs, fixed fee, reimbursable expenses, and subconsultant fees. The following table is a summary of the Tasks based upon the negotiated Cost Proposal, submitted by Biggs Cardosa Associates, Inc. on June 29, 2026 and agreed by City and Consultant, attached to this Exhibit B and incorporated herein by reference.
Consultant shall invoice time and expenses according to the subtasks identified in the Proposal. The time and expenses billed for subtasks may vary above or below the fees identified on the Cost Proposal provided that the total billed for all subtasks billed under a Task remains within the Fee established for the Task. Upon mutual agreement between City and Consultant in writing, subtasks may be combined as needed to facilitate Consultant’s invoicing.
The table that follows is a summary of the fees for the Tasks from the Cost Proposal.
Cost Proposal Summary:
Description Amount
Task 1 Project Management and Coordination $ 11,678.00
Task 2 Preliminary Engineering & Design (35%) $ 34,082.27 Task 3 CEQA Analysis and NEPA $ 9,465.71
Task 4 Caltrans LAPM Support $ 50,237.36
Task 5 Agency Coordinating and Permitting $ 7, 220.86
Task 6 Construction Documents (65%, 95%,
100% and Final Bid Set Submittals)
$ 159,694.68
Task 7 Bid Support Assistance $ 8, 573.39
Task 8 Construction Support $ 17,289.95
Task 9 Record Drawings and Project Close-Out $ 3,282.97 Other Direct Costs (Natural Environment
Study, Species Status Assessment)
$122,327.18
Total $ 423,852
In no event shall the amount billed to City by Consultant for Basic Services, including Reimbursable Expenses, under this Agreement exceed four hundred and twenty- three thousand, eight hundred and fifty-two dollars ($423, 852), subject to budget appropriations.
III. REIMBURSABLE EXPENSES
Reimbursable expenses shall be billed at cost with no markup. Reimbursable expenses billed by subconsultant(s) shall also be billed at cost with no markup.
Receipts and invoices detailing the Reimbursable Expenses shall be included with each billing where a Reimbursable Expense is invoiced. The following is a sample of items that are considered as included and fully compensated as part of the Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit B-Schedule of Fees Page 3 of 5
Rev. 09-28-18
Consultant’s basic hourly rates and are not considered Reimbursable Expenses for separate billing:
Basic Office Expenses such as overhead, paper, pens, pencils, and ink cartridges Insurance Expenses, Applicable Taxes, Computer Time
Travel Expenses (local and long distance), including meals and gas Faxes
Local and Long Distance Telephone Expenses (land lines and cellular phones) US Mail
Paper Cost
Copying Cost
Plotting Cost
Reimbursable Expenses may include:
Outside Duplicating Cost for Plans and Reports, when requested by City Presentation Materials, when requested by City
Delivery Services, when requested by City.
Courier Services when requested by City.
City may reallocate fees to or from Re imbursable Expenses to or from Tasks or Additional Services in City’s sole discretion throughout the course of Services. All Reimbursable Expenses, other than those listed above, must be pre-approved in advance by City.
Any discrepancy between Reimbursable Expenses listed within Consultant’s, or subconsultant(s)’, standard rate schedules DV UHIHUHQFHG LQ 6HFWLRQ 9 5DWH Schedule of this Exhibit B and the above shall be resolved in favor of the above.
IV. ADDITIONAL SERVICES
Additional Services consists of services not included in the Scope of Services described within this Agreement. Additional Services shall be billed to City at the IL[HG KRXUO\ UDWHV VKRZQ EHORZ LQ 6HFWLRQ 9 Rate Schedule, or at an agreed negotiated price. Monthly billing for Additi onal Services shall be consistent with the terms set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the services to be performed.
City may reallocate fees between Basic Services and Additional Services in City’s sole discretion throughout the course of Services.
V. RATE SCHEDULE
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit B-Schedule of Fees Page 4 of 5
Rev. 09-28-18
Charges for personnel engaged in professional and/or technical Services are based on the actual hours directly chargeable to the project.
Rates by employee and classification are listed in Exhibit F, Caltrans 10-H1 forms for Consultant (Prime, Sub, 2
nd Tier Sub), and shall be fixed through June 29, 2027. Any classifications added, or staff members changing classifications, shall be approved in writing by City.
After June 29, 2027, rates may be adjusted as described herein. CONSULTANT shall propose any adjusted rates in writing for CITY’s consideration and acceptance in writing. Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward, CA, area between the effective date of this Agreement and the CPI as may be available and nearest to and in advance of the month in which the adjustment is contemplated and shall be capped at a maximum of 5% for each adjustment. Only one adjustment is allowed per annum.
Consultant understands and agrees that adjustments to rates does not cause an adjustment in the Fees established fo r tasks or adjustment to the maximum compensation under this Agreement. Consultant shall be required to provide the full services as described in Exhibit A in accordance with the Fees established in this Exhibit B and Exhibit F, regardless of adjustments to rates.
Consultant will bill subconsultants at actual cost with no markup. Subconsultant will bill at actual cost for any further tier ed subconsultants, subcontractors, or reimbursable expenses with no markup.
Any discrepancy between terms contained herein and Consultant’s, or subconsultant(s)’, standard rate schedules as referenced on the following pages shall be resolved in favor of the above.
It is expressly understood that this Proj ect is subject to prevailing wages, in conformance with Exhibit D, Prevailing Wage Addendum.
VI. PAYMENT PROVISIONS
Pre-Payment
City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
Payment Limited to Satisfactory Work.
Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
Certified Payroll
When applicable, Consultant and all subconsultants shall submit certified payroll records for all workers employed in the performance of the Services. All Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit B-Schedule of Fees Page 5 of 5
Rev. 09-28-18
certified payrolls shall be submitted in accordance with the requirements set forth in Exhibit D (Labor Compliance).
Accurate Invoice
Invoices shall be accurate, itemized, and submitted in a form acceptable to the City. If an invoice is incomplete or inaccurate, the City may return it to Consultant for correction and resubmittal before payment can be processed.
Consultant shall not charge the City any interest, late fees, or penalties on any outstanding or delayed invoices due to inaccurate billing.
Billing for Billing
The City shall not pay for time associated with administrative or billing-related tasks, including but not limited to pr eparing responses to Work Requests, addressing billing issues, or communicating with auditors.
Payment
If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
Confidential
Invoices and related payment documentation are public records and are not confidential, even if marked as confidential when submitted by Contractor.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit C-Insurance Requirements Page 1 of 4
Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit C-Insurance Requirements Page 2 of 4
Rev. 09-28-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit C-Insurance Requirements Page 3 of 4
Rev. 09-28-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. $'',7,21$/,1685$1&(5(/$7('3529,6,216
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit C-Insurance Requirements Page 4 of 4
Rev. 09-28-18
by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. (9,'(1&(2)&29(5$*(
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. (9,'(1&(2)&203/,$1&(
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- 9, RUVKDOO
be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit D-Labor Compliance Page 1 of 3
Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit D-Labor Compliance Page 2 of 3
Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for Design Professional Agreement with Biggs Cardosa Associates, Inc.
Exhibit D-Labor Compliance Page 3 of 3
Rev. 09-28-18
audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 1 of 12 Exhibit E- Terms and Conditions For Federal-Aid
EXHIBIT E
TERMS AND CONDITIONS FOR FEDERAL-AID
1. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The Consultant agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the Consultant to City.
D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
2. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant and subconsultants shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
3. AUDIT REVIEW PROCEDURES
A. Consultant and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 2 of 12 Exhibit E- Terms and Conditions For Federal-Aid
Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
B. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The cost proposal shall be adjusted by the Consultant and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
i. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each Party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 3 of 12 Exhibit E- Terms and Conditions For Federal-Aid
a. If the proposed rate is less than one hundred fifty percent (150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) -the accepted rate will be seventy-five percent (75%) of the proposed rate.
C. If IOAI is unable to issue a cognizant letter per paragraph B.i. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
D. If the Consultant fails to comply with the provisions of this paragraph B, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph B.i. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
E. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL ,192,&(72&LW\QRODWHUWKDQVL[W\
FDOHQGDUGD\VDIWHURFFXUUHQFH
of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
4. SUBCONTRACTING
A. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to subconsultants unless otherwise noted.
B. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.
C. Prompt Progress Payment
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 4 of 12 Exhibit E- Terms and Conditions For Federal-Aid
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
D. Prompt Payment of Withheld Funds to Subconsultants
The City may hold retainage from Consultant and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to Consultant based on these acceptances. The City designates the method below to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant.
No retainage will be held by the City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 5 of 12 Exhibit E- Terms and Conditions For Federal-Aid
payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.
5. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
6. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The Consultant certifies, to the best of his or her knowledge and belief, that:
i. No State, Federal, or City appr opriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 6 of 12 Exhibit E- Terms and Conditions For Federal-Aid
subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
7. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty- four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
E. Consultant and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 7 of 12 Exhibit E- Terms and Conditions For Federal-Aid
F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
G. The Consultant, with regard to the work performed under this Agreement, VKDOODFWLQDFFRUGDQFHZLWK7LWOH9,RIWKH&LYLO5LJKWV$FWRI
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assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 -(IIHFWXDWLRQRI7LWOH9,RIWKH&LYLO5LJKWV$FWRI
Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
8. DEBARMENT AND SUSPENSION CERTIFICATION
A. The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
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iv. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
9. FUNDING REQUIREMENTS
A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
D. City has the option to terminate the Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
10. CONTINGENT FEE
Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing \ business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
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11. DISPUTES
Prior to either Party commencing any legal action under this Agreement, the Parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either Party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the City’s contract administrator and City’s Director of Public Works, who may consider written or verbal information submitted by Consultant.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by the City Manager, or designee, of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.
12. INSPECTION OF WORK
Consultant and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.
13. SAFETY
A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City and City representatives.
Consultant personnel shall wear hard hats and safety vests at all times while working at the project site(s).
B. 3XUVXDQWWRWKHDXWKRULW\FRQWDLQHGLQ9HKLFOH&RGH &LW\KDV
determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, aQGRIWKH9HKLFOH&RGH Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
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14. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this paragraph.
15. TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
A. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement.
B. Nondiscrimination: Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 11 of 12 Exhibit E- Terms and Conditions For Federal-Aid
directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
E. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (A) through (F) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
16. APPENDIX E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• 7LWOH9,RIWKH&LYLO5LJKWV$FWRI
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252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
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• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the VFRSHFRYHUDJHDQGDSSOLFDELOLW\RI7LWOH9,RIWKH&LYLO5LJKWV$FWRI
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; (Revoked - Not Used)
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with 7LWOH9,\RXPXVWWDNH reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); (Revoked - Not Used) • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
Design Professional Agreement with Biggs Cardosa Associates, Inc. Page 1 of 13 Exhibit F- Caltrans 10-H1 forms for Consultant (Prime, Sub, 2nd Tier Sub)
EXHIBIT F
CALTRANS 10-H1 FORMS FOR
CONSULTANT (PRIME, SUB, 2ND TIER SUB)
(See Forms Attached on Subsequent Pages)