Thousand Oaks City Council
November 14, 2023

ATTACHMENT #2
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Project Name: Lynn Road Class IV Bike Lane
and Pedestrian Improvements Project (CI 5660)

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
MNS ENGINEERS, INC.

THIS AGREEMENT is made and entered into this 14 th day of November, 2023, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and MNS ENGINEERS, INC. ("Consultant").

City and Consultant agree as follows:

1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by the Consultant are as follows:

Professional services in conjunction with engineering services for Preparation of Phase I, Project Preliminary Engineering, Phase II, Design Engineering Evaluation Report (DEER), and Environmental Document (ED), and Phase III, final Plans, Specification and Estimate (PS&E), and construction bid support services for the Lynn Road Class IV Bike Lane and Pedestrian Improvements project in accordance with Caltrans Project Development Procedure Manual (PDPM).

Services and deliverables shall generally include meetings, technical memorandums, Plans, Specifications, and Estimates, and as are more particularly set forth in the Scope of Work, attached as Exhibit “A”, which is incorporated herein by reference.

3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $1,293,219 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Cost Proposal, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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binding upon Consultant for the term of this Agreement until December 31, 2026 after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement. (b)Prevailing Wage. Consultant may be obligated to pay prevailing wages under the California Labor Code. Consultant agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Consultant to be familiar with the California Labor Code as it relates to this Agreement, and failure or neglect of Consultant to understand the California Labor Code shall in no way relieve Consultant from any obligations. (c)Department of Industrial Relations Requirements. Consultant’s work may be subject to the payment of not less than prevailing wages under California Labor Code Sections 1720 and 1770 et seq. and subject to compliance monitoring and enforcement by the Department of Industrial Relations. No consultant or subcontractor may be awarded a contract for public work unless registered with the Department of Industrial Relations, pursuant to California Labor Code Section 1725.5. Consultant’s DIR registration number is 1000003564. (d)Apprenticeship. Labor Code section 1777.5 requires the use of qualified apprentices by all trades, regardless of the dollar amount of their portion of the work, on public works contracts over $30,000. Apprentices shall be used at no less than the ratio required by law, and shall be paid at the prevailing wage for apprentices in the trade for which they are registered. It is Consultant’s sole responsibility to ensure that they and their subcontractors comply with the specific requirements of section 1777.5.
(e)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
(f)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
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4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Masoud Razavi.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2026, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.

City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than three (3) separate times, for a period of 1 year each. Extensions of time shall be memorialized by execution of a written amendment.

Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement. All services shall be completed within the term of this Agreement.

6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.

Michael Ip, P.E., Principal Engineer is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work.

Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

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This Agreement is not assignable by Consultant without City's prior written consent.

The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: Environmental Services (GPA Consulting), Structural Engineering (Rende Consulting, Inc.), Traffic Studies (Fehr and Peers), Traffic Signal Design and Electrical (TJKM Transportation Consultants), Geotechnical Engineering (Gorian & Associates, Inc.), Landscape Design (L. Newman Design Group, Inc.), Utility Potholing (C-Below, Inc.).

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
(b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.

If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
a.Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b.No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.

12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon 5 calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.

Article IV entitled Fiscal Provisions and Article V entitled Audits Third Party Contracting Records Retention and Reports from Master Agreement No. 07- 5302 dated 06/09/2023 between Caltrans and the City is added to the Contract as set forth in Exhibit ”C”.

15. WAIVER; REMEDIES CUMULATIVE
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for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.

17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

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21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.

24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

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28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

29. FEDERAL REQUIREMENTS
Consultant acknowledges that federal funds are being used for this Agreement and that Consultant is required to comply with all material obligations including financial provisions in Exhibit ”C” required by federal or state law in reporting work completed with said funds, and certifies that Consultant and its subcontractors are eligible to participate in the Federally funded contract, pursuant to the “System for Award Management (SAM)” database, as maintained by the General Services Administration and required by 2 CFR, part 180.

Consultant shall also comply with the federal Americans with Disability Act, Public Law 101-336, and observe the disability discrimination prohibitions of such laws in the performance of the work required under this Agreement.

30. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Masoud Razavi
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT:   Michael Ip, PE
MNS Engineers, Inc.
[email protected]

31. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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(c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

MNS ENGINEERS, INC.

Shawn Kowalewski, Vice President
Darren Riegler, President

CITY OF THOUSAND OAKS
___________________________________
Kevin McNamee, Mayor
ATTEST:
_____________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
__________________________
Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT HEAD:
_____
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
LYNN ROAD Class IV BIKE LANE AND PEDESTRIAN IMPROVEMENTS CI 5660

SCOPE OF WORK
General Project Management (Requirements for all Phases) Task A – General Administration
Consultant shall establish and apply internal accounting methods and procedures acceptable to the City and Caltrans for documenting and monitoring contract costs.

Consultant shall submit a consolidated monthly invoice in a format acceptable to the City and broken down in a manner consistent with the Work Plan. Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period.

Consultant shall provide the City with copies of written correspondence between Consultant and third parties pertaining specifically to the Project.

Consultant shall maintain project files in accordance with the Work Plan.

Consultant shall prepare supporting documents for Request for Authorization for construction, Caltrans Cooperative Agreement, and Caltrans Maintenance and Traffic Signal Maintenance Agreements.

Task B – Quality Assurance and Quality Control
Consultant shall have a Quality Assurance and Quality Control Plan in effect for the duration of the project. The plan shall establish a process where all deliverables are checked prior to any formal submission and all job-related correspondence and memoranda are appropriately filed.

Consultant’s appointed Quality Assurance Officer shall monitor and review project activities and deliverable schedules.

Task C – Coordination and Meetings
Consultant shall take the lead in coordinating project activities, including coordination with other agencies, deliverables, submissions, and permits.

Consultant shall schedule, attend, and conduct monthly Project Development Team (PDT) meetings, or more frequently if required, throughout the duration of the project. Consultant shall prepare and distribute PDT meeting minutes to all PDT members. Consultant shall attend a total of 18 PDT meetings.

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Consultant shall attend other meetings as required (e.g., utility company and other agencies) to coordinate and execute the scope of work. Consultant shall attend additional meetings, as required, to complete the Project, including safety review meetings, design review meetings, constructability review meetings, quality meetings, scoping meetings, and informational meetings with stakeholders.

Consultant shall attend a total of 12 additional meetings.

Task D – Project Schedule
Consultant shall prepare and periodically update a project schedule with tasks and milestones prepared in Microsoft Project. Consultant shall break down the schedule by logical tasks consistent with the scope of work and with enough detail to track project progress. Both a baseline schedule and tracking updates shall be provided. The schedule shall reflect realistic estimates of review periods by other agencies for tasks, such as reports, plans, permits, and coordination.

Task E – Work Plan
Consultant shall prepare a Work Plan that includes a list of deliverables, milestone submittal schedule, summary of organization responsibilities and contacts, specific scope of work, task budgets, reporting and invoicing procedures, quality assurance plan, and a project filing system. The work plan shall be prepared for each phase of Project Initiation Document, Project Approval / Environmental Document (PA/ED), Plans/Specifications/Estimates (PS&E), and Construction of the project separately. The Work Plan shall be submitted to the City and Caltrans for review.

Phase I - Project Preliminary Engineering
Task 1 – Kickoff Meeting
Consultant shall set-up and attend the project Kickoff Meeting with the City and Caltrans to establish project goals and confirm scope of work.

Task 2 – Data Collection and Review
The Consultant shall obtain and review existing reports, studies, mapping, or other available data and information.

Task 3– Project Development Team
Consultant shall form a project development team. Consultant shall include City and Caltrans staff from appropriate functional units.

Task 4 – Field Review
Consultant shall perform a field review of the project site with City staff and provide photographic documentation.

Task 5 – Alternatives Studies
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maps at 1” = 50’ scale including typical sections. Consultant shall focus on the physical characteristics of the project area traffic impact analysis, and the engineering features and standards. The alternatives shall be developed to satisfy project goals, be cost-effective, and avoid or minimize environmental and R/W impacts. Consultant shall incorporate complete streets improvements per Caltrans Deputy Director Directive DD-64-R2 – Complete Streets – Integrating the Transportation System.

The assumed alternatives are:
 No Build
 Class IV Bikeway with the Reconstruction of the Southbound Bridge Railing  Class IV Bikeway with a Concrete Barrier between the Southbound Vehicle Lane and Realigned Southbound Loop On Ramp
Consultant shall develop three (3) alternatives for Class IV bike lanes' vertical physical barrier types for both Caltrans and City R/W. Also, the consultant shall provide preliminary information to the City and Caltrans to identify the preferred location for placing the vertical barrier to be used to prepare the Design Engineering Evaluation Report (DEER) document.

Deliverable: Two (2) Concept Strip Maps (Adobe PDF and AutoCAD) and three (3) vertical physical barrier exhibits (Adobe PDF and AutoCAD), and a preliminary traffic Study.

Task 6 – Preliminary Cost Estimates for Alternatives
Consultant shall develop a preliminary project cost estimate for each alternative.

Cost items shall include roadway, structure, environmental mitigation, and Right of Way (R/W). It is anticipated that there will not be any R/W impacts at the interchange.

Deliverable: Preliminary Project Cost Estimate (Adobe PDF and Microsoft Excel) Task 7 – Project Schedule
Consultant shall develop a project schedule which shall cover the PID, PA/ED, PS&E, and construction phases. The schedule shall be updated periodically.

Deliverable: Project Schedule (Adobe PDF and Microsoft Project) Task 8 – Quality Management
Consultant shall perform a quality assurance/quality control (QA/QC) review of engineering work consistent with the Consultant’s QA/QC program.

Task 9 – Rendering/Public Outreach Support
Consultant shall prepare 3D photorealistic renderings in support of the City's public outreach effort. Consultant shall use Civil 3D, Sketch Up and Twin Motion to develop four (4) renderings at the US101 interchange and two (2) renderings outside of Caltrans right of way.

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The renderings shall be image files that will be inserted into a PowerPoint presentation. Consultant shall attend and support the City staff in their presentation to City management and City Council.

Deliverables: Renderings (PNG/JPG Files)
Phase II – Design Engineering Evaluation Report (DEER)/Environmental Documents (ED)
Consultant shall prepare the Design Engineering Evaluation Report (DEER) per Caltrans' Project Development Procedure Manual (PDPM) APPENDIX I and the required engineering studies to support the DEER and the Environmental Documentation (ED) including the development of horizontal and vertical geometry, typical section, geology, advance structures, utilities, drainage, traffic capacity, traffic operations, traffic management, and cost estimate.

Task 10 – DEER Preparation
Consultant shall prepare a DEER according to Caltrans' Project Development Procedures Manual Appendix I.

The DEER shall include Project Introduction, Project Background, Purpose and Need, Right of Way including Utility, Traffic Maintenance and Operations Impacts, Proposed Scope of Work, Structure Information, and Other Considerations (Cooperative Agreement, Transportation Management Plan, Stage Construction, Complete Streets, Graffiti Control, Climate Change and Broadband and Advanced Technology).

The DEER shall have a no-build alternative and build alternatives, current and forecasted traffic and accident data, cost estimate, nonstandard design features, and geotechnical data.

Task 10.1 – Alternative
Consultant shall present one build alternative that will satisfy the project goals, be context sensitive, cost-effective, shall avoid or minimize environmental and Right of Way (R/W) impacts. The improvements to be included shall be developed in collaboration with the City and Caltrans taking into major considerations such as the feasibility, safety, and maintainability of the interchange for all modes of travel.

The "no-build" alternative shall be included and discussed.

The alternative shall include the following proposed engineering features:
 Bridge modifications
 Intersection improvements on Lynn Road
 Travel lane and shoulder widths
 Improvements to drainage structures
 Traffic signal modifications
 Street and bridge lighting
 Nonstandard design features
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 Utility involvement
 Highway planting
 Erosion control
 Noise barriers
 Non-motorized and pedestrian features
Deliverables: Draft and Final DEER (Adobe PDF and Microsoft Word) Task 10.2 – Advanced Planning Study
Consultant shall coordinate with the project team and develop an Advance Planning Study (APS) and cost estimate for the structural modifications to the Lynn Rd./US 101 overcrossing concrete barriers and railings. The advance planning study shall show sufficient detail so that consideration for environmental, permit, and traffic requirements can be cost estimated. Consultant shall prepare structure- related design and submittals in accordance with the Office of Special Funded Projects (OSFP) Information and Procedures Guide Manual.

Deliverables: APS (Adobe PDF and AutoCAD)
Task 10.3 – Right of Way (R/W) Data Sheet
Consultant shall prepare the Right of Way (R/W) Data Sheets along with supporting documentation to facilitate review. For work on the SHS, Caltrans will review and approve the R/W Data Sheets.

Task 10.4 – Geometric Approval Drawings (GAD)
Consultant shall prepare a Preliminary Geometric Approval Drawing (GAD) at 1” = 50’ scale for the proposed alternatives. Consultant shall identify the potential geometric issues, nonstandard features, existing bridge profile, preliminary R/W requirements, and any other constraints.

Consultant shall conduct a Preliminary GAD review meeting with the City and Caltrans and submit the Preliminary GAD to the City and Caltrans for review.

The GADs for each project alternative shall show all the engineering features of the alternatives to include the following:
 Typical sections
 Horizontal and vertical alignment
 Superelevation Diagrams
 ROW widths
 Access control lines
 Geometry of ramp intersections
 Pavement delineation
 Bridge overcrossing General Plans
Task 10.5 – Design Standard Decision Documentation (DSDD) Using Caltrans’ Highway Design Manual in conjunction with the Design Information Bulletin 78-04 - Design Checklist for the Development of Geometric Plans, Consultant shall review the project corridor within Caltrans design oversight and identify nonstandard features for the alternative.

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Consultant shall look to adjust the proposed improvements to minimize and/or avoid nonstandard features; however, if the nonstandard feature or features are unavoidable, Consultant shall identify them and tabulate the reasons for requesting the exceptions.

Consultant shall prepare the Draft and Final DSDD for the City and Caltrans approval.

Deliverables: Draft and Final DIB 78 Checklist and DSDD (Adobe PDF and Microsoft Word)
Task 10.6 – Existing Utilities Research
Task 10.6.1 - Utility Research
Consultant shall conduct existing utility research for utilities within the Project limits to identify, locate, and layout existing underground improvements.

Task 10.6.2 - Utility Letters/Notifications
Consultant shall provide preliminary notification letters to the utilities and request current information. Consultant shall provide additional notification letters to the utilities and/or call the utilities, as necessary, until a written response is received from the utility. The City will provide the required format. Consultant shall complete and mail the documents and provide the City copies. The City will be responsible for printing all letters on City letterhead.

Deliverables: Utility Letters
Task 10.6.3 - Overhead Clearance
Consultant shall perform measurement of the height of the existing overhead utility lines as required.

Task 10.6.4 - Utility Potholing
Consultant shall positively locate utilities in accordance with Caltrans’ policy on high- and low-risk utilities. Consultant shall pothole underground utilities to determine the depth for clearance and connection points or conflicts for any underground improvements, such as gas lines, sewer lines, storm drains, or water lines. Consultant shall submit to each utility company a preliminary set of plans that provide the location, elevation of the utility, and the elevation of the improvement, with the conflict area clouded to show the utility companies the areas of conflict with the proposed improvement. Potholing information and the plan shall be submitted to the City after completion of this task.

Consultant shall perform a total of 12 potholes up to 5 feet deep within the project limits.

Deliverables: Utility Potholing Report
Task 10.7 – Stormwater Data Report
Consultant shall update the Short Form Storm Water Data Report (SWDR) consistent with Caltrans’ Storm Water Quality Handbook – Project Planning and Design Guide.

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Deliverables: Draft and Final SWDR (Adobe PDF and Microsoft Word) Task 10.8 - Complete Street Checklist
Consultant shall prepare a Complete Streets Report in accordance with Caltrans’ Complete Streets Decision Documentation.

Deliverables: Draft and Final Complete Street Checklist Task 10.9 - Traffic Management Plan (TMP)
Consultant shall prepare a Traffic Management Plan (TMP) due to the impacts to the vehicle traffic and businesses. The TMP shall be developed and include the construction schedule and staging, potential impacts and mitigation measures, and the TMP.

Deliverables: Draft and Final WPCP and TMP (Adobe PDF and Microsoft Word format)
Task 10.10 – Geotechnical Reports
Consultant shall perform the following geotechnical services:

Task 10.10.1 - Archival Review
Pertinent site geotechnical and geologic information in shall be reviewed and incorporated into the site evaluation.

Task 10.10.2 - Subsurface Exploration
Two geotechnical borings (8-inch diameter) shall be drilled to a depth of 15 feet below the existing ground surface. utilizing a subcontractor-supplied and operated truck-mounted hollow-stem auger drill rig. The locations of the points of exploration shall be one on the west side of Lynn Road and one in the triangular area in the southeast corner of the Lynn Hillcrest Road intersection.

The field exploration activities described above shall be observed by an engineer or geologist from Consultant who shall log the underlying materials and from the borings, obtain bulk and relatively undisturbed soil samples for laboratory analyses. The borings shall be drilled to the proposed depths or refusal, whichever is the shallower depth.

Task 10.10.3 - Site Access
The City will provide access to the site for the purposes of the field activities.

Task 10.10.4 - Location of Underground Utilities
Prior to excavation, the proposed excavation locations shall be located and marked. Per State-mandated protocol, Underground Service Alert "Dig Alert" shall be informed at least 48 hours before the scheduled field excavation to aid the location of underground utility lines that may be adjacent to the excavation locations.

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Task 10.10.5 - Laboratory Testing
A program of laboratory testing shall be performed to evaluate the geotechnical properties of selected soil samples obtained during the subsurface exploration.

The following tests Shall be performed for this site evaluation:
 Moisture and Density Testing of Undisturbed Soil Samples  Consolidation Testing
 Maximum Density-Optimum Moisture Relationships
 Expansion Index Testing
 Direct Shear Testing
 R Value Determination
 Corrosion Testing (by a subcontracted corrosion engineer) Task 10.10.6 - Geotechnical Engineering Analyses
Consultant shall use archival research, field exploration, and laboratory testing in engineering analyses and geotechnical recommendations for design and construction of the Lynn Road Bike Path Improvements. Engineering analyses shall be performed to evaluate the potential for liquefaction and seismic-induced settlements and provide appropriate foundation system recommendations for support of the structure.

Task 10.10.7 - Report Preparation
Consultant shall provide in a written report suitable for submittal to DSA and shall include:
 A description of subsurface conditions as encountered in the exploratory excavations including logs of the excavations and a location map showing the approximate excavation locations.
 A description of the laboratory testing programs, including tests results  Discussion and recommendations regarding Geologic hazards including seismic setting of the site and faulting, Seismic design criteria (Seismic Hazards Report), Soil collapse and expansion potential, Site preparation and remedial grading, Light standard pile design recommendations, Pavement and hardscape design recommendations, Soil chemistry analysis and limited summary report.

Deliverables: Draft and Final Geotechnical Report (Adobe PDF) Task 10.11 – Research of Record Information
Consultant shall perform research of public agency records, as necessary, to secure the information, clearances, and/or plan review services required to identify, locate, and accurately lay out underground improvements and easements, centerline, R/W, and private property lines.

Consultant shall perform research of private development plans adjacent to or affecting the project site, if any, to secure the information, clearances, and/or plan review services required to identify, locate, and accurately lay out the underground improvements and easements, centerline, R/W, and private property lines.

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The City will provide copies of available pertinent City records, such as survey ties, benchmarks, and street plans, which the City knowingly has in its possession.

Task 10.12 – Traffic
The traffic analysis performed in support of DEER shall assume the following three studies signalized intersections along Lynn Road.

Intersections:
 Lynn Road/Hillcrest Drive
 Lynn Road/northbound US 101 Ramps
 Lynn Road/southbound US 101 Ramps
Task 10.12.1 - Traffic Analysis Approach and Methodology Technical Memorandum
For a project scoping process, Consultant shall prepare a Methodologies and Assumptions Memorandum for the City and Caltrans to approve. This memorandum shall describe the following:
 Study intersections
 Existing traffic data approach
 Analysis procedures and assumptions
 Traffic forecasting methodology and approach
 ICE analysis methodology and outline for the ICE memo  General approach to preparing the Traffic Operations Analysis Report (TOAR)
Based on the inputs from the City and Caltrans, Consultant shall refine the scope of work listed below accordingly and coordinate with the City to request a change order to reflect this potential change of scope of work.

Task 10.12.2 - Alternative Evaluation/Refinement
During the project scoping process, Consultant shall work with the City and project team to review potentially viable alternatives and design concepts developed by the Consultant in support of DEER.

Task 10.12.3 - Data Collection
The weekday (e.g., Tuesday, Wednesday, or Thursday when schools are in session) AM (7-9) and PM (4-6) peak period traffic counts shall be collected at the 11 study intersections. Additionally, the traffic counts shall include vehicle classification counts and pedestrian/bicycle counts for incorporation into the air quality and noise environmental assessments. Traffic operations shall be observed in the field to validate the existing conditions analysis.

Task 10.12.3.1 - Analysis Scenarios
The analysis scenarios for the traffic report shall include:
 Existing Conditions
 Opening Year (2030) Conditions – No Build Alternative  Opening Year (2030) Conditions – Build Alternative (assume one build alternative)
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 Design Year (2050) Conditions – No Build Alternative
 Design Year (2050) Conditions – Build Alternative (assume one build alternative)
Task 10.12.4 - Traffic Volume Forecasting Memorandum
The most recent SCAG RTP/SCS 2020 travel demand model shall be used to develop traffic forecasts for this project. In addition, Consultant shall work with the City to verify that proposed local development projects in the City are reflected in the SCAG model and if needed Consultant shall make changes to land use assumptions to reflect the comments from the City.

Consultant shall develop the design year forecasts by applying the growth calculated from the base year and future year models to the existing traffic volumes. The opening year forecasts shall be developed using interpolation between existing and Design Year volumes.

The AM and PM peak hour volumes shall be developed at the study intersections during both Opening Year and Design Year conditions.

Prior to the operational analysis, a Traffic Volume Forecasting Memorandum shall be prepared and submitted to the City for approval. The memorandum shall summarize the existing traffic volumes and future opening and design year traffic forecasts of the study area, which shall be used to support the development/refinement of the project alternatives.

Task 10.12.5 - ICE Step 2 Memorandum
Consultant shall evaluate the project in accordance with Caltrans Traffic Operations Policy Directive 13-02: Intersection Control Evaluation. This analysis shall be performed at the US 101 ramp intersections with Lynn Road. Step 2 (full assessment) shall be performed at the proposed intersections.

Task 10.12.6 - Traffic Report
The Traffic Report shall provide the summary of traffic operations analysis at study locations for study scenarios, as well as complete a safety review and VMT assessment.

Intersection operations analysis shall be conducted using the Synchro/SimTraffic traffic analysis program, which contains the methodologies consistent with the Highway Capacity Manual (HCM). The HCM methodology for signalized intersections estimates the average control delay for vehicles at the intersection.

The analysis shall report the AM and PM peak hour delay and LOS at each of the study intersections, along with the queue length at key turning movements such as off-ramp approaches.

Consultant shall collect the collision data along the Lynn Road study corridor from TIMS for the past five years and conduct the existing collision data review.

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The project shall be screened as a safety improvement project and no VMT assessment may be required. Consultant shall include this statement and any supporting information to the VMT section of the Traffic Report.

Consultant shall prepare the Draft Traffic Report and assume two rounds of draft submittal, review, and comments from the City and Caltrans. Consultant shall respond to two rounds of consolidated comments and submit the Final Traffic Report.

Task 10.12.7 - Collision Analysis:

Consultant shall collect the accident history (TASAAS) from Caltrans to include the most recent three-year accident history by type, as well as the comparable breakdown of the statewide average accident rates for similar facilities. This information shall be used in the DSDD and DEER.

Task 11 – Environmental Documentation (ED)
Consultant shall prepare environmental documentation in accordance with Caltrans and federal guidelines and procedures.

According to the Caltrans Preparation Guidelines for Design Engineering Evaluation Report, an Initial Site Assessment must be prepared and attached to the document; however, the SE/CE will also need to be attached, since the environmental document is required. Consultant shall provide technical studies for cultural resources and biological resources to support the NEPA CE.

Task 11.1 - Cultural Resources
If the project is not determined a Screened Undertaking by Caltrans, technical reports shall be required for Section 106 compliance.

Task 11.1.1 Record Searches
Consultant shall conduct a 1-mile records search at the South-Central Coastal Information Center (SCCIC), located at California State University, Fullerton. In addition, Consultant shall contact the Native American Heritage Commission (NAHC). The NAHC will perform a Sacred Lands file search and provide a list of Native American groups to contact regarding the project. Consultant shall review on-line historic aerial maps, Sanborn maps, historic topographic maps of the area, and additional on-line research, as necessary.

Task 11.1.2 - Area of Potential Effects Map (APE)
An Area of Potential Effects (APE) Map shall be prepared electronically by Consultant. The APE boundary for the proposed undertaking shall be delineated in consultation with Caltrans and in accordance with Attachment 3 of the Section 106 PA and appropriate sections of the SER. It shall be broad enough to account for potential indirect effects to adjacent resources while maintaining a reasonable level of effort given the scope of the undertaking. For APE delineation process Consultant shall ensure any potential for effects to both built environment and archaeological resources are considered.

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Task 11.1.3 - Historic Properties Survey Report (HPSR)
Consultant shall prepare an HPSR which shall summarize all identification efforts for built environment and archaeological resources. The HPSR shall present the results of the cultural resources identification efforts and include the results of background research, interested parties and Native American consultation efforts, and field survey. Findings from the Archaeological Survey Report (ASR) and HRER shall be reported in the HPSR and included as attachments.

Task 11.1.4 - Archaeological Survey Report (ASR)
After background research is completed and after the APE Map is approved by Caltrans, Consultant shall conduct a systematic pedestrian field survey of the APE.

The purpose of the survey is to identify any cultural (historic or prehistoric) resources that may be impacted by the project, characterize the setting of the project, and to field check any previously recorded cultural resources within or immediately adjacent to the project discovered by the records search. The ground surface shall be visually examined by an archaeologist for evidence of prehistoric (Native American) or historic (Spanish, Mexican, and American period) archaeological resources. Photographs shall be taken to document the survey. It is not known at this time if any archaeological resources exist within the project.

As part of the ASR process, Consultant shall conduct Native American coordination as part of the NHPA/Section 106 process. To do this, Consultant shall coordinate with Caltrans to discuss the specific methods of coordinating consultation for Section 106. Consultant shall prepare the Section 106 letter to be reviewed and approved by Caltrans. Consultant shall then send the letters to Native American groups via U.S. Certified Mail on behalf of Caltrans. Four weeks after the letters are sent, Consultant shall make follow up emails/phone calls to Native American groups in order to determine which groups would like to consult.

The results of these efforts shall be documented in a consultation matrix and will be attached to the ASR.

Following all activities outlined above, Consultant shall prepare a Caltrans- formatted ASR; it shall include a project description, a natural and cultural setting section, methods, results, archaeological sensitivity analysis, impacts analysis, and recommendations for further work, if necessary. Photos, project maps, and up to five historic maps will be included.

Deliverables: One electronic copy of the Draft and Final APE Map, HPSR and ASR
Task 11.1.5 - Traffic/Circulation Bikes and Pedestrian
Consultant shall analyze the traffic/circulation impacts. Available data, reports, and relevant studies shall be reviewed. Existing and future deficiencies in the arterial system or traffic control devices shall be identified. Analysis of potential impacts to bicycle and pedestrian pathways shall be incorporated into this report. In addition, project-related impacts and mitigation measures shall be identified.

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Task 11.2 - Hazardous Materials/Waste Initial Site Assessment Based on the requirements outlined in the DEER process, a Phase I Initial Site Assessment (ISA) shall be prepared. Consultant shall prepare a Phase I ISA to evaluate potential conditions which may impact the project. Once all necessary research and site survey activities have been completed, Consultant shall evaluate the risk of potential hazardous materials within and adjacent to the project area.

The Phase I ISA shall be prepared summarizing the findings of review and site reconnaissance. The report shall include recommendations for investigation and analysis of any potential impacts on the project, as appropriate.

Deliverables: One electronic copy of the Draft and Final Phase I ISA Task 11.3 - Biological Resources
Natural Environment Study - Consultant shall provide a Natural Environment Study. Consultant shall review available data on biological resources recorded on and within the vicinity of the project area, including all plant and wildlife species with the potential to be in the area. This review Consultant shall include conducting searches in databases such as the California Natural Diversity Database (CNDDB). Consultant shall delineate an appropriate Biological Study Area (BSA) that shall cover the direct and indirect impact area for the project, including temporary construction areas, and create a BSA map to be used for the biological analysis.

Consultant shall systematically survey the BSA for plant species and wildlife, their signs, and/or potential habitat. Consultant shall inventory all botanical, and wildlife resources observed in the BSA, and shall identify and record all existing vegetation communities in this area. Consultant shall map any aquatic resources at a general level if the optional task for an Aquatic Resources Delineation (ARD) is not required.

Following completion of the background research, site investigations, and field surveys, Consultant shall summarize the results of these studies into a Natural Environment Study (Minimal Impacts [NESMI]). The NESMI shall be prepared in accordance with Caltrans Standard Environmental Reference guidance and shall follow the Caltrans NES annotated outline that is available at the time that the NESMI is initiated. The NESMI shall include a discussion of the existing biological resources in the BSA, applicable regulations, potential project impacts, and proposed avoidance, minimization, and mitigation measures to minimize and/or mitigate these impacts to the extent feasible.

Deliverables: One electronic copy of the Draft and Final NESMI Task 11.4 - Environmental Document (ED)
Environmental Commitments Record
In order to support the Caltrans-prepared SE/CE finding for CEQA and NEPA, respectively, Consultant shall prepare an Environmental Commitments Record (ECR) in the most current format available on the SER. The ECR shall include all of the environmental commitments identified in the technical studies prepared for the project and shall include timing and the responsible party for each. Consultant DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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shall prepare the ECR and submit to Caltrans in order for them to initiate preparation of the SE/CE.

Deliverables: One electronic copy of the ECR
Phase III - Final Engineering Design (PS&E) and Bid Process Task 12 – Plans, Specification, and Estimate (PS&E)
Consultant shall, upon the approval of DEER and PA/ED, perform the Design Phase, consisting of the final design, R/W engineering, utility coordination, design surveys, PS&E, permitting, agency coordination, bid support, and services during construction.

Consultant shall submit a set of full-size plans and a set of half-size Plans of the design drawings electronically with each submittal for checking by the City, along with the previous check prints.

Consultant shall electronically submit a set of full-size plans and a set of half-size plans of cross sections along with each submittal of the design drawings for City plan checking.

Where applicable, upon completion of City reviews, and upon authorization by the City, Consultant shall directly submit materials to Caltrans electronically.

For Plans, Consultant shall first submit a set of half-size “screen check” plans electronically to Caltrans for review. Following this review, Consultant shall submit the plans to Caltrans. For Special Provisions and Estimates, Consultant shall electronically submit a set of each to Caltrans. For all deliverables submitted directly to Caltrans, Consultant shall electronically submit a set to the City at the same time.

Task 12.1 – Permits
Consultant shall prepare applications and assist the City in obtaining permits for investigative work and construction. The City will pay the permit fees.

Task 12.1.1 - Caltrans Permit
Consultant shall prepare for the City’s signature the Caltrans encroachment permit to conduct engineering field studies.

Task 12.1.2 - Permits to Enter
Consultant shall prepare for the City’s signature permits to enter from landowners for research, such as surveying, geotechnical, and any other design-related work.

Task 12.2 – Design Surveys
Task 12.2.1 - Design Surveys (City)
Consultant shall perform field surveying and mapping services in support of the City R/W improvements identified in the RFP. This scope of work includes an aerial survey, orthophoto creation, and supplemental ground surveys. Consultant shall establish new control on the appropriate NAD83 and NAVD88 datum references.

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points for supplemental surveys. The limits of the aerial mapping shall include a 200-foot-wide strip of mapping along Lynn Road from the intersection of Reino Road to Gainsborough Road (approximately 5.3 miles). The limits of the supplemental ground survey include the concept design areas just north and south of the Lynn Road/US 101 interchange. The supplemental ground surveys shall include the following features: hardscape, walls, fences, striping, signage, trees (6- inches in diameter and above), and observable utilities. Consultant shall prepare an aerial and ground topographic base map in AutoCAD at a scale of 1” = 20’ with 1’ contour intervals.

Task 12.2.2 - Design Surveys (Caltrans)
Consultant shall perform field surveying and mapping services in support of the Caltrans R/W improvements identified in the RFP. This scope of work includes supplemental ground surveys within the Caltrans R/W footprint. Consultant shall recover existing control on the appropriate NAD83 and NAVD88 datum references.

The supplemental ground surveys shall include the following features: hardscape, walls, fences, striping, signage, trees (6-inches in diameter and above), and observable utilities. Consultant shall prepare a topographic base map in AutoCAD at a scale of 1” = 20’ with 1’ contour intervals. In addition, Consultant shall prepare a control/GPS report for Caltrans review/approval.

Consultant shall locate Caltrans control and record monuments to establish centerline and right of way at the Lynn Road/US 101 interchange. This retracement shall be based upon field monumentation and record map information. A base map of the land net determination shall be prepared for Caltrans review/approval.

Task 12.3 - Geotechnical Investigation
Consultant shall perform the geotechnical investigation for the pavement structural section and traffic signal pole foundation in Task 10.10.

Task 12.4 - Right of Way & Temporary Construction Easements (TCE) Consultant shall provide the legal and exhibits for any Temporary Construction Easements (TCE) if required.

Task 12.5 - Existing Utilities Research and Coordination Task 12.5.1 - Update Utilities
Consultant shall update utility research performed during the planning phase for all utilities within the project limits. Consultant shall prepare Utility Plan sheets at a scale of 1” = 50’, depicting known existing utility facilities from record research and field verification. Dimensions are to be shown in English unit.

Task 12.5.2 - Utility Notification
Consultant shall provide preliminary notification letters to the utilities and request current information. Consultant shall provide additional notification letters to the utilities and/or call utilities, as necessary, until a written response is received from the utility.

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The City will provide the required format. Consultant shall prepare and mail the documents and provide the City with a copy. The City will be responsible for printing all letters on City letterhead.

Task 12.5.3 - Overhead Utility Measurements
Consultant shall provide overhead utility measurements within the project limits, if required.

Task 12.5.4 - SCE & Caltrans Coordination
Consultant shall coordinate with SCE and Caltrans for the source-of-power location for the traffic signal and location for the meter cabinets and traffic signal controller cabinets. The City will provide the address for the meter cabinet when the location is known.

Task 12.5.5 - Utility Relocation Coordination
Consultant shall coordinate with the utility companies related to the modifications of their facilities. Consultant shall obtain the requirements for facility modifications including protection, relocation, R/W, easements, and construction.

Task 12.6 - Additional Utility Potholing
Consultant shall perform additional utility potholing, if required.

Task 12.7 - Utility Relocation Notification
Consultant shall coordinate utility relocations. Consultant shall provide Second Utility Notification Letters (Prepare to Relocate) and Third Utility Notification Letters (Notice to Relocate).

If necessary, Consultant shall provide Fourth Utility Notification Letters (Notice to Relocate Immediately) and/or call utilities, as necessary, until a written response is received from the utility.

Task 12.8 - Roadway, Drainage, Traffic Signal and Structure Plans, Specification, and Reports
Task 12.8.1 - Plans (Caltrans)
Consultant shall prepare 60%, 95%, 100%, and Final Plans, in accordance with Caltrans submittal requirements. Final Plans shall be 1” = 50’ scale unless noted and include the following:
 Title sheet
 Key map and line index
 Typical cross sections
 Layouts
 Profiles and superelevations
 Construction details
 Summary of quantities
 Drainage plans, profiles, details, and quantities
 Stage construction and traffic handling
 Motorist Information (Detour) plans
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 Construction area signs and quantities
 Pavement delineation plans, details, and quantities
 Sign plans, details and quantities
 Electrical plans, consisting of lighting, sign illumination, ramp metering, traffic signal, and related interconnect system
 Bridge Plans
The relocation of the ramp metering facility shall be shown on the traffic signal modification plans.

Bid quantities shall be identified for each plan sheet at the 60%, 95%, and Final Plan stages for review by Caltrans and City staff.

Roadway design shall be in accordance with the American Association of State Highway Transportation Officials’ (AASHTO) A Policy on Geometric Design of Highways and Streets, latest edition, and Caltrans Highway Design Manual and Standard Plans.

Deliverables: 60%, 95%, 100%, and Final Plans (Adobe PDF and AutoCAD format)
Task 12.8.2 - Plans (CITY)
Consultant shall prepare 60%, 95%, and Final Plans for the proposed improvements within City R/W.
 Title Sheet
 Typical Sections (1 sheet)
 Utility Disposition and Demolition Plans at 1” = 20’ Scale from US 101 to Hillcrest Drive (1 sheet)
 Lynn Road Plan and Profile at 1” = 20’ Scale from US 101 to Hillcrest Drive (1 sheet)
 Construction Details: Miscellaneous (1 sheet)
 Construction Details: Curb Ramps at south leg of Hillcrest Drive Intersection (1 sheet)
 Signing and Striping Plans: double stacked at 1” = 40’ scale (12 sheets)  Signing, Striping, and Vertical Barrier Details (1 sheet)  Traffic Signal Modification Plan (Hillcrest Drive/Lynn Road): 1 Sheet Roadway design shall be in accordance with the American Association of State Highway Transportation Officials’ (AASHTO) A Policy on Geometric Design of Highways and Streets, latest edition; City Standard Drawings, City Master Plan of Streets, and City Circulation Element; City standard practices; and Caltrans standard practices.

Deliverables: 60%, 95%, and Final Plans (Adobe PDF and AutoCAD format) Task 12.8.3 - Specifications
Consultant shall compile specifications using the applicable Caltrans Standard Special Provisions (SSPs) to prepare required Draft Special Provisions for the DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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Project. Consultant shall utilize and incorporate the City’s “boiler plate” documents, including the notice-to-bidders, proposal, bond forms, and agreement into the Draft Special Provisions.

Specifications shall be in accordance with the City standard bid documents and the American Public Works Association “Greenbook” (Standard Specifications for American Public Works Construction), latest edition.

The City will provide the boilerplate Specifications and Technical Provisions in Microsoft Word format, conforming to the 2022 Edition of the Caltrans Standard Specifications.

Deliverables: 95% and 100% Front End Documents, Special Provisions, and Technical Specifications (MS Word format)
Task 12.8.4 - Report Preparation and Submittal
Consultant shall prepare and submit required reports in accordance with Caltrans requirements unless noted otherwise. Reports shall be prepared and submitted at the appropriate plan submittal. Reports shall be submitted in Draft and Final format.

In addition to the reports identified in Tasks 19.9, 19.10, and 19.11, the following reports shall be prepared and approved by Caltrans.

Task 12.8.4.1 - Water Pollution Control Program (WPCP)
Consultant shall prepare a Water Pollution Control Program (WPCP) for the improvements within Caltrans R/W. The WPCP shall include Temporary Water Pollution Control Plans.

Task 12.9 - Hydrology and Hydraulics (H&H) Report
Consultant shall prepare Draft and Final Hydrology and Hydraulics (H&H) Reports.

The report shall include both off-site and on-site hydrologic calculations but shall be limited to the storm facility modifications (i.e. no increase in capacity.) Deliverables: Draft and Final H&H Report (Adobe PDF and Microsoft Word format)
Task 12.10 – Stormwater Data Report
Consultant shall update the Short Form Storm Water Data Report consistent with Caltrans’ Storm Water Quality Handbook – Project Planning and Design Guide.

Deliverables: SWDR (Adobe PDF and Microsoft Word format) Task 12.11 – Traffic Management Plan (TMP)
Consultant shall prepare a Traffic Management Plan (TMP) based on the proposed staging, traffic handling, and detour plans. Lane closure charts for the interchange ramps and Lynn Road shall be included in the Technical Specifications.

Deliverables: Draft and Final Traffic Management Plan (Adobe PDF and Microsoft Word format)
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Task 12.12 – Bridge Plans, Specifications, and Estimate (PS&E) Consultant shall prepare the Bridge Plans, Specification, and Estimate (PS&E) and shall include the possibility that the existing concrete barrier and deck overhang (along the southbound edge of the existing bridge) would need to be removed and replaced.

Task 12.12.1 - Type Selection
Consultant shall provide the “Structure Type Selection” for the proposed modifications to the concrete barriers and railings to follow the Caltrans structure type selection process for a minor structural modification to an existing bridge.

Task 12.12.1.1 - Structure Type Selection Study/ Memorandum Consultant shall study ways to achieve the project’s goals while satisfying Caltrans’ requirements for the necessary modifications to the existing overcrossing.

Consideration shall be given to construction cost and constructability using methods which minimize temporary traffic impacts across the bridge and to US 101 below. Consultant shall prepare a structure type selection memorandum which shall summarize the results of the study and make recommendations in regard to the necessary concrete barrier and railing modifications. The format and content of type selection memo shall be based on that described in Caltrans (Bridge) Memos to Designers Manual.

Deliverables: Structure Type Selection Memorandum (Adobe PDF/Microsoft Word format)
Task 12.12.1.2 - Structure General Plan Sheet
Based on the results of the structure type selection study, Consultant shall prepare a General Plan sheet depicting the proposed concrete barrier and railing modifications. Each General Plan sheet shall be prepared using AutoCAD in conformance with the CADD format established by Consultant for the project. The General Plan Sheet shall be incorporated into the Structure Type Selection Memorandum prepared as part of Task 12.12.1.1.

Deliverables: Structure General Plan sheet (Adobe PDF and AutoCAD file) Task 12.12.1.3 - Structure General Plan Estimates
Consultant shall prepare a General Plan Estimate of the construction costs for the proposed concrete barrier and railing modifications. The General Plan Estimate shall be prepared based on preliminary quantity take-offs and typical Caltrans structure construction bid items and units of payment. The General Plan Estimate shall be incorporated into the Structure Type Selection Memorandum prepared as part of Task 12.12.1.1.

Deliverables: Structure General Plan Estimate (Adobe PDF and Microsoft Excel format)
Task 12.12.2 - Structural Evaluation & Design Calculations Consultant shall prepare the necessary structural calculations for the evaluation of the bridge’s existing deck overhang and the design of the necessary modifications DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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thereto (if any). All structural evaluation and design shall be in accordance with the applicable provisions of the current Caltrans-amended 8th Edition of the AASHTO LRFD Bridge Design Specifications and Caltrans Structure Technical Policy Memoranda 16.1, 16.2, and 16.8.

Deliverables: Structural evaluation and design calculations (Adobe PDF format); Structural evaluation and design (Independent Check) calculations (Adobe PDF format)
Task 12.12.3 - Structural Details/Plans
Consultant shall prepare construction plans and details for the construction of the proposed concrete barrier and railing modifications using AutoCAD for the project.

Plans shall be prepared and provided for submittal at the following milestones:
60% Unchecked Plans, 95% Plans, 100% Plans, and Final Plans in accordance with Caltrans submittal requirements. A maximum of six structure plan sheets shall be assumed for this task:
 General Plan
 General Notes
 Structural Details
Deliverables: Structural details and plans (Adobe PDF and DWG format) Task 12.12.4 - Structure Special Provisions & Engineer’s Estimate Consultant shall prepare the structure special provisions for the construction of the proposed concrete barrier and railing modifications based on the Caltrans 2022 construction standards and project-specific editing of the corresponding Caltrans standard special provisions (SSPs). Consultant shall prepare the Engineer’s Estimate of the construction costs for the proposed concrete barrier and railing modifications based on final quantity take-offs and typical Caltrans structure construction bid items and units of payment. Consultant shall prepare the required marginal estimates, quantity calculations, quantity check calculations, and estimated workday schedule.

Deliverables: Structure special provisions and engineer’s estimate (Microsoft Word and Excel format).

Task 12.13 – Engineer’s Estimate
Consultant shall compile and prepare the Engineer’s Estimate based on all biddable construction items identified throughout the design package and consistent with Caltrans’ Contract Cost Data Book bid items. The estimated quantities shall include, but not be limited to, itemizing all removals, relocations, water pollution control, storm drain, mailboxes, earthwork, subgrade preparation, cold milling, aggregate base, asphalt concrete (AC) paving, Portland cement concrete (PCC) sidewalk, PCC curb and gutter, driveway approaches, survey monument wells, raising manholes, water valve lids, traffic signals, traffic loops, painting of pavement legends and, signs, traffic control, raised pavement markers, project signs, bridge removals (portion), concrete structures, reinforcing steel, prestressing steel, miscellaneous metal, piling, etc.

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The estimated quantities shall be arranged in chronological order of construction or consistent with Caltrans’ estimating procedures and shall contain all of the information needed to prepare the Engineer's Estimate of Costs. Contingencies shall be included at the appropriate percentage in accordance with Caltrans procedures.

Consultant shall prepare a separate detailed traffic signal estimate in addition to the overall project estimate. The detailed traffic signal estimate shall include, but not be limited to, foundations, conduit, conductors, poles, arms, pedestrian and bicycle push buttons, pedestrian head, three-section vehicle head, luminance, illuminated signs, controller and cabinet, Type III service, and other appurtenance, as approved by Caltrans.

Consultant shall update and submit updated project cost estimates at each submittal.

The final construction cost estimate shall be based upon, and in agreement with, the final estimated quantities. Computations showing estimated quantities and costs for each location of work, as well as the sum totals, shall be submitted to the City for review.

Deliverables: 60%, 95%, and 100% Engineer’s and Traffic Signal Estimate (Adobe PDF and Microsoft Excel format)
Task 13 – Pre and Post Active Transportation
Consultant shall perform pre and post traffic counts to document the pedestrian and bicycle traffic. The counts shall be performed using a HD camera in three (3) locations for three (3) days in the weekday for 2 hours in AM and 2 hours in the PM and 2 hours in the weekend.

Deliverables: Pre and Post ATP Traffic Counts.

Task 14 – Sidewalk Infill Design Services
Consultant shall provide the design services in support of the installation of approximately 8,000 linear feet of new sidewalks on the north and south side of Lynn Road.

Task 14.1 – Survey and Mapping
Consultant shall perform field surveying and mapping services in support of the 8,000 linear feet of proposed sidewalk improvements identified in the RFP. This scope of work shall include ground surveys to obtain design details and topographic information. Consultant shall recover previously established control and set new points for this design phase. The supplemental ground surveys shall include the following features: cross sections at 50-foot intervals, hardscape, walls, fences, striping, signage, trees (6 inches in diameter and above), and observable utilities. The scope of this work shall also include retracing the existing centerline DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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and right of way of the applicable areas. This retracement shall be based upon field monumentation and record map information. Consultant shall prepare a topographic/utility base map in AutoCAD at a scale of 1” = 20’ with 1’ contour intervals.

Task 14.2 – Utility Coordination
Consultant shall coordinate with utility companies to obtain existing drawing/atlases, map existing facilities, verify facility location, and notify utility companies of facility conflicts, relocations, and/or adjustments.

Task 14.3 – Plans, Specifications, and Estimate (PS&E)
Task 14.3.1 – Plans
Consultant shall prepare the following 60%, 95%, and Final Plans to be incorporated into the City Plan Set.
 Typical Sections (1 sheet)
 Utility Disposition and Demolition Plans at 1” = 20’ scale (4 sheets)  Street Improvement Plans double stacked at 1” = 20’ scale (4 sheets)  Construction Details: Miscellaneous (1 sheet)
 Construction Details: five Curb Ramps (1 sheet)
 Construction Details: four driveways (1 sheet)
 Retaining Wall Plans at 1” = 10’ Scale (2 sheets)
Task 14.3.2 - Specifications
Consultant shall prepare sidewalk technical specifications to be incorporated into the project specifications.

Task 14.3.3 - Estimate
Consultant shall quantify and estimate the sidewalk infill improvements and incorporate into the project construction cost estimate.

Deliverables: Plans (PDF and AutoCAD); Specifications (PDF and MS Word); Estimate (PDF and MS Excel)
Task 14.4 – Right of Way (R/W) Review
Consultant shall review available record drawings and City GIS mapping to ensure that the proposed sidewalks will be accommodated within the existing R/W. To avoid temporary construction easements, Consultant shall decrease the sidewalk width, including the retaining facility to keep the improvements within the City R/W.

Task 14.5 – Monument Preservation
Consultant shall identify monuments within the project demo limits and prepare applicable pre- and post-construction corner records. Consultant shall perform this task for up to 15 potential locations where monuments could be impacted by construction. A minimum of 3 ties shall be set for the replacement of any existing property corners, and a minimum of 4 ties shall be set to preserve any existing DPW: 850-20\ev\H:\Council\2023\111423\CI5660\Lynn Road Bike Lane and Pedestrian Improvements staff report.docx

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centerline monumentation. This scope of work shall include up to fifteen (15) each pre- and post-corner records (30 Total) to be submitted to the County of Ventura for recordation.

This scope of work shall include the filing fees and all costs/materials to set new monuments and submit for recordation.

Task 14.6 – Tree Report
Consultant shall conduct an oak/protected tree survey under the direction of an ISA-certified arborist to identify oak trees and landmark trees protected under City ordinances. Non-protected trees to be removed shall also be identified. Data collected shall include species, photograph, trunk diameter at breast height, location relative to proposed improvements, health information and aesthetic rating. The tree report shall include a map of tree locations, tree photographs, tree data forms and recommendations to avoid or minimize impacts to protected trees.

Deliverables: Draft and Final Tree Report
Task 15 – Construction Bid Support Services
Task 15.1 – Design Drawings and Contract Documents
Consultant shall provide the City with copies of the design drawings and Contract Specifications reproduced for bidding purposes.

Task 15.2 – Resident Engineer (RE) Pending File
Consultant shall prepare an RE Pending File in accordance with City requirements.

The Consultant shall submit two (2) copies to the City.

Task 15.3 – Questions During Bidding and Pre-Construction Meeting Consultant shall answer questions regarding the Technical Provisions, the design drawings, or conflicts in the design during the bidding process and pre-construction meeting. The Consultant shall attend the pre-construction meeting. The Consultant shall assist the City, at no charge, in preparation of Addenda regarding omissions or conflicts in the design drawing or the technical provision. Should a pre-bid meeting be necessary, the Consultant shall attend the pre-bid meeting.

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EXHIBIT C

ARTICLE IV

FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.

3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project- specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

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10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal- aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

13. ADMINISTERING AGENCY shall use its own non-Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

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18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (0MB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

19.ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 0MB Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty
30 days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including but not limited to, the State Treasurer, the State Controller and the CTC.

21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 0MB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 0MB Circular A-133.

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6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

7. Any subcontract entered into by ADMINlSTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.