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HomeMy WebLinkAboutStaff Report 2.J 04/20/20092J CITY OF PETALUMA, CALIFORNIA April 20, 009 AGENDA BILL Agenda Title: Resolution Approving Professional Design Services Meeting Date: April 20, 2009 Agreement with URS Corporation for the East Washington Interchange Component (Project RDAI00280, Previously Project C500306) of Caltrans Meeting Time: 7:00 PM Marin Sonoma Narrows, Segment C (MSN- C) High Occupancy Vehicle (HDV) Project Category: ❑ Presentation ❑ Appointments ® Consent ❑ Public Hearing ❑ Unfinished Business ❑ New Business Department: Direct 'r: Public Works Vince t ngo Total Cost of Proposal or Project: $1,344,530 Contact Person: Phone Number: Susan Lackte 778-4478 Amount Budgeted: $4M allocated from PCDC account undesignated fund balance. See Cooperative Agreement Funding Summary on p. 19 of Cooperative Agreement with Caltrans (item 21). Name of Fund: 5400 Account Number: RDA 100280 (formerly C500306) Current Fund Balance: $3,870,000 Recommendation: It is recommended that the City Council take the following action: Approve resolution authorizing the City Manager to execute a Professional Design Services Agreement with URS Corporation. 1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been publislied/posted prior to second reading; see Attachment 3. ❑ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: On January 26, 2009 the PCDC adopted a resolution urging the Sonoma County Transportation Authority to designate all Measure M funds from the Marin/Sonoma Narrows, Segment C (MSN - C) Project to help fully fund the East Washington Street Interchange component (Project RDA 100280) of the MSN -C Project, and to fully fund design of the MSN -C Project; making specified bindings required by Health & Safety Code Section 33445 for allocation of $4M from PCDC account undesignated fund balance to Project RDA 100280 of the MSN -C Project; and directing staff to pursue stimulus package funding. At the same time, the City Council adopted a similar resolution consenting to expenditure ofthe tax increment funds. On February 9, 2009 the Sonoma County Transportation Authority Board unanimously authorized staff to negotiate, and the Chair to sign, various cooperative agreements with the City of Petaluma and Caltrans for the design and construction of Highway 101 MSN Segment CA (East Washington Interchange). The Board also authorized the Chair to sign a cooperative agreement for the design (PS&E) of Highway 101 MSN Segment C-2 HOV lanes between Highway 116 and Old Redwood Highway. The plans and specifications for the East Washington Interchange are currently 65% complete. As discussed with Caltrans and SCTA, the City will continue with the needed right -of way and easement acquisitions, and will hire a consultant to complete the project design phase. Once the design phase is complete, the City will turn the project over to Caltrans to complete the construction phase. Summary ,Statement continue& The City and Caltrans staffs (project partners) are currently working on a cooperative agreement which defines all scopes, costs, and schedule commitments of the partners to deliver the East Washington Interchange Project. This agreement is also on today's agenda for Council approval. The consultant selected to complete the design phase is URS Corporation. URS has previously worked on and has extensive knowledge of the East Washington Interchange Project. They are highly qualified and thoroughly knowledgeable of Caltrans' requirements. Because they are up to speed, with qualified staff already in place, their continuing with project design services will not only provide a great benefit in terms of cost and time savings to the project schedule, but also will provide an opportunity for the project's timely inclusion into the next round of stimulus funding when it becomes available. Attachments to Agenda Packet Item: 1. Resolution authorizing the City Manager to enter into a Professional Design Services Agreement with URS 2. PCDC and City resolutions of January 26, 2009 3. Resolution Exhibit A, URS Professional Design Services Agreement, including Agreement Exhibit A, URS Corporation Proposal (scope of work) Reviewed by Finance Director: Rev. #.#I Date Last Revised: 3119109-2:00 pm Rev. #2 3130109-3:45pm Rev. #3 4114109-10:30am Rev. #4 4116109-10:30am ,pak,-� Reviewed by Citm Attorney: Qk Date: Approved by City Manama: Date: File: SACIP DivisionlT'rojectslEas€ Washington 101 Interchange C2001071East Washington Interchange Project C5003061Agenda 13iI]Muthrorizc PDSA W-URSIREV 4-16-09TEV 4-16-09 URS PDSA Reso -DOC SAC IP DivisionlPrc�jects\ ast Washington 101 Interchange C2001071East Washington Interchange Project C5003061Agenda 13i11s1Authrorirc 13DSA w-URS\REV 4 -16 -091R1 -V 4-16-09 URS PDSA Reso .DOC 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH URS CORPORATION FOR THE EAST WASHINGTON STREET INTERCHANGE COMPONENT (PROJECT RDA100280, PREVIOUSLY PROJECT C500306) OF CALTRANS MSN- C HIGH OCCUPANCY VEHICLE (HOV) PROJECT WHEREAS, the City of Petaluma, SCTA, and California Department of Transportation are partners in the delivery of improvements to the Highway 101 corridor (known as Segment C of the Marin/Sonoma Narrows Project, or MSN -C) that will include adding a high occupancy vehicle lane (HOV) in each direction, from Old Redwood Highway to Route 116, improving on- and off ramps, and providing traffic management technologies that maximize congestion management in the corridor; and WHEREAS, on December 19, 2005, by Resolution No. 2005-20, the Petaluma Community Development Commission authorized the Executive Director to allocate $4M from PCDC account undesignated fund balance to the East Washington Interchange (Project C500306 at the time; now RDA 100280) component of MSN -C for right-of-way acquisition and ramp improvements; and WHEREAS, the Petaluma Community Development Commission Five -Year Implementation Plan for the Central Business District and Petaluma Community Development areas, adopted in June, 2007, provides for the use of $4 million in tax increment funds for the purpose of funding right-of-way acquisitions and improvement of the East Washington Interchange component of the MSN -C Project, as more particularly described in the Implementation Plan and identified as Project RDS 100280, previously C500306; and WHEREAS, on January 26, 2009, by Resolution No. 2009-02, the Petaluma Community Development Commission made specific findings required by Health and Safety Code section 33445, authorizing the allocation of $4M from PCDC account undesignated fund balance to Project RDS 100280 of the Caltrans MSN -C HOV Project; and WHEREAS, at the same time, the City Council adopted a similar resolution consenting to expenditure of the tax increment funds for this purpose; and WHEREAS, the work includes preparation of the plans and specifications for the East Washington Interchange component of MSN -C to install a new northbound on-ramp and realign the southbound on- rarnp at the East Washington Interchange; and WHEREAS, URS Corporation has previously worked on the plans and specifications for the East Washington Interchange component, and already has extensive knowledge of the project; and WHEREAS, the proposal from URS Corporation for the preparation of plans and specifications for Project RDA 100280 is $1,344,530; and SACIP Divisiol1\11'rojeas\East Washington 101 Interchange 000107\East Washington Interchange Project C500306\Aeenda 13M.Muthrori7e PDSA w-URS\RE.V 4-1 G-091RF-V 4-16-09 URS PDSA Rcso .DOC 3 WHEREAS, URS Corporation has staff available to complete the plans and specifications in a timely manner that will allow the project to be eligible for possible inclusion in any anticipated State or federal stimulus package that may be enacted; and WHEREAS, the Petaluma City Council has determined that it is in the best interest of the community to hire URS Corporation to prepare the plans and specifications for the East Washington Street Interchange component (Project RDA 100280) ahead of the MSN -C HOV Project. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council authorizes the City Manager to enter into a professional services agreement with URS Corporation for preparation of the plans and specifications for the East Washington Interchange component (Project RDA100280, previously C500306) in an amount not to exceed $1,344,530, and substantially in accordance with Exhibit A hereto. S:1C11' Divisionll'rnjects\Eas€ Washington 101 Interchmige C200107117ast Washington Interchange Projcc€ C5003061A,Jcnda 13illslAulhrorize PDS A %v-URSIRPV 4-16-09\RLV 4-16-09 URS PDSA Reso .DOC ATTACHMENT 2 RESOLUTION NO. 2009-02 PETALUMA COMMUNITY DEVELOPMENT COMMISSION URGING THE SONOMA COUNTY -TRANSPORTATION AUTHORITY (SCTA) TO DESIGNATE ALL MEASURE M FUNDS FROM THE MARIN/SONOMA NARROWS, SEGMENT C (MSN -C) PROJECT TO HELP FULLY FUND THE EAST WASHINGTON STREET INTERCHANGE COMPONENT (PROJECT RDA100280, PREVIOUSLY PROJECT C500306) OF CALTRANS MSN- C PROJECT AND TO FULLY FUND DESIGN OF THE MSN -C (THE PROJECTS); MAKING SPECIFIED FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 FOR ALLOCATION OF $4M FROM PCDC ACCOUNT UNDESIGNATED FUND BALANCE TO PROJECT RDA 100260 OF THE CALTRANS MSN -C HOV PROJECT; AND DIRECTING STAFF TO PURSUE STIMULUS PACKAGE FUNDING WHEREAS, California Health and Safety Code Section 33445 provides that redevetopmeni agencies may, with the consent of the legislative body, pay all or part of the value o1 land for' and the cost of the installation and construction of any building, facility, structure, or other improvement that is publicly owned either within or wiihoui the project area, subject to certain specified findings being made; and, WHEREAS, before the PCDC may contribute funds for publicly owned improvements, consent of the.legislafive body must be given and the following findings must be made in accordance with Colilornia Health and Safety Code Section 33445: Thai the improvements are of benefil €o the project area or the irnrnediale neighborhood in which the project is located. That no other reasonable means of financing the improvements is available to the community. 3. Thai the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting conditions inside the project area, and will be consistent with the implementotion plan adopted by the redevelopment agency.. WHEREAS, the Petaluma Community Development Commission ("PCDC") five -Year Implementotion Plan ("Implementation Plan") for the Central Business District ("CBD"] and Petaluma Community Development S"PCD") areas {collectively, the "Project Areas") provides for the transfer of certain specified lax increment funds for the purpose of funding roadway reconstruction and related improvements {"Public Improvements") to arterial and collector streets as more particdarty described in the Implementation Plan; and, WHEREAS, the City of Petaluma, SCTA, and California Department of Transportation are partners 1n the delivery of improvemenls to the Highway 101 corridor jknown as Segment C of the Pvlarin/Sonoma Narrows Project, or MSN -G) that will include adding a high occupancy vehicle lane [HOV) in each direction, from Old Redwood Highway to Route I I&, improving on - and oft -ramps, and providing traffic management technologies that maximize congestion management in the corridor; and, WHEREAS, the Implementation Plan provides for the use of $4 million in tax increment funds for the purpose of funding the right-of-way acquisitions and construction of the East Washington Interchange romp improvement component of Caltrans' Morin/Sonoma Narrows, PCDC: Resolution No. 2DD9 02 Page l SACII' Divisionll'rojectsll;ast. Washington 101 Interchange C'200107\East Washington Interchange Protect C5003061Ageuda I3iIlslAutl1r0riza: PfaSA xv-LlIZS\IZHV 4 -I6 -091U -'V 4-16-09 LIRS PDSA Reso .DOC Segment C (MSN -C) Project as more particularly described in the implementation Plan (collectively, "Public Improvemenis"j within the Project Areas and for the benefit of the Project Areas; and, WHEREAS, on December 19, 2005, by Resolution No. 2005-20, the Peloluma Community_ Development Commission authorized the Executive Director to allocate $4M from PCQC account undesignated fund balance to East Washington Interchange component (Project RDAWD280, previously C5003Db) of the MSN -C Project; and, WHEREAS, PCDC and City staff are aware of no other local source of funds reasonably available to undertake the City's share of funding for the Public Improvements, as the only other source available for such purpose would be City general' fund revenues which are committed for the provision of essenfiat services such as police and fire services: and, WHEREAS, the Public Improvements are. of benefit to the Project Areas and/or -the immediate neighborhood in which the Public Improvements will be located, regardless of whether the Public Improvements are in another project area, in that they will facilitate improvement to the traffic circulation along the East Washington Street corridor and facilitate redevelopment of targe parcels of vacant and underutilised land; and. WHEREAS, payment of funds for the Public Improvements will eliminate blighting conditions in the Project Areas in that they will facilitate improvement to traffic circulation and pedestrian/vehicular safety along the East Washinglon Street corridor and facilitate redevelopment of large parcels of voconi and underutilized land; and, WHEREAS, current funding for the East Washington Street Interchange component jProjecl RDA100280) of the MSN -C Project and design of the full MEN -C Project consists of $1M in demonstration funds (federal). $9.5M in Measure M funds, $13.5M'in SAEETEA-LU (federal) funds, and $4M in PCDC funds for a total of $28M in available funding: and, WHEREAS, the current estimated Interchange Project cost, including right-of-way land acquisition, is $21.5M, and design of the MSN -C Project is estimated of $6.5M, for a total cost of between $28M; and, WHEREAS, the Petaluma Community Development Commission has determined that it is in the best interest of the community to continue pursuing right-of-way acquisition of Plaza North, Plaza South, and Regency shopping centem construction of the East Washington fnierchange Project and lull design of the MSN -C Project: and, WHEREAS, to move both Projects forward, Petaluma Community Development Commission urges the Sonoma County Transportation Authority to designate alt Measure M funds from the Morin/Sonoma Narrows, Segment C (MSN -C) Project to fund the East Washington Interchange Project RDA 100280 (previous project number 0500306) and complete design of the MSN -C Project; and, WHEREAS, it is anticipated that federal stimulus packages from the State or federal level wilt be enacted over the next few months, for which Project RDA 100280 may be eligible for inclusion. NOW, THEREFORE, BE IT RESOLVED Ihot Peiatuma Coi7tmunity Development Commission; 1. Adopts the factual recitals above as true and correct and as its findings. 2. Based upon the foregoing. finds that (i) the expenditure of tax increment funds to undertake the Public Improvements as set forth in this Re5olulion and the PCDC Resolulion No. 2004-02 Page 2 SX11' Di vis ion\]'rajectslEast Washington 101 Interchange C'2001071Fast Washington Interchange Project C500306\Agencla 13ills\Authrorize PDSA n,-URSIREV 4-16-091RF-V 4-16-09 FIRS I'DS 1 Reso .DOC Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the Public Improvements is reasonably available, (iiij completion of the Public Improvement will eliminate blighting conditions in the Projecl Areas: and (iv) completion of the Public Improvements is consistent with the Implementation Plan adopted for the Project Areas. Confirms PCDC Resolution No. 2005-20 of December 19, 2005, authorizing the Executive Director to allocate $4M from PCDC account undesignated fund balance 10 East Washington Interchange Project RDA 100280- 4- Urges the Sonoma County Transporigiion Authority to desianaie all the Measure M funds"in the Caltrans Marin/Sonoma Norrows, Segmeni C High Occupancy Vehicle Project to fund the East Washington Interchange component (Project RDA 100280, previous project number C500306) and to complete full design of the MSN -C Project. 5. Directs staff to continue 10 pursue inclusion of the East Washington Interchange Project component of the Caltrans MSN -C HOV Project in upcoming State and/or federal stimulus packages. ADOPTED this 2501 day of January, 2049, by the following vote: Cornmissloner Aye ko Absent Abstain Vice Chair Barrett x Glass x Harris x Healy x Rabbift x Renee x Chair Tortiotf rX } Pamela Torlialt, Chair AT1EST: Q-�-0-1kU Claire Cooper, CMC,Recording ecret APPROV AS TO FORM: Ljj�\ Eric Danly, 5GIeral Counsel PCDC Resolution No. 2009-02 Page 3 S:1C'I1-' Divisionll'rojectsll-asl Washington 101 Interchange C20010711:ast Washington Interchange Protect 0003061Agcnda l3i11S\Atrthrotize PDSA Nv-LIRSIREV 4-16-091RP.V 4-16-09 L1RS PDSA Reser .DOC Resolution No. 2009-013 N.C.S. of the City of Petaluma, California URGING THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) TO DESIGNATE ALL MEASURE M FUNDS FROM THE MARINISONOMA NARROWS, SEGMENT C (MSN -C) PROJECT TO HELP FULLY FUND THE EAST WASHINGTON STREET INTERCHANGE COMPONENT (PROJECT RDAI00280, PREVIOUSLY PROJECT C500306) OF CALTRANS MSN- C HIGH OCCUPANCY VEHICLE (HOV) PROJECT, AND TO FULLY FUND DESIGN OF THE MSN -C HOV PROJECT; CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS IN THE PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA, ADOPTING FINDINGS REQUIRED SY HEALTH & SAFETY CODE SECTION 33145 FOR SAID PROJECT; AND DIRECTING STAFF TO PURSUE STIMULUS PACKAGE FUNDING WHEREAS, in .lune, 2007, the Petaluma Community Development Commission held a public hearing and adopted the Five Year Implementation Plan for the Central Business District Project Area and the Petaluma Community Development Area (collectively, the "Project Areas") furtherance of the City's adopted Redevelopment Plans for the CBD and PCI]; and, WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay for the cost of the construction of improvements which are publicly owned if the legislative body deterniines all of the following: 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located. 2. That no other reasonable means of financing the improvements is available to the corrunnt mitt'. 3. That the payment of funds for the cast of the improvements will assist in the elimination of one or more blighting conditions inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agencv. WHEREAS, the Petaluma Community Development Conunission ("PCDC") five -Year Implementation Plan ("Implementation Plan") for the Central Business District ("CBD") and Petaluma Community Development ("PCD") areas (collectively, the "Project Areas") provides for the transfer of certain specified tax increment funds for the purpose of funding roadway reconstruction and related improvements ("Public Improvements") to arterial and collector streets, as more particularly described in the Implementation Plan; and, WHEREAS, the City of Petaluma, SCTA, and California Department of Transportation are partners in the delivery of improvements to the Highway 101 corridor (known as Segment C of the Marin/Sonoma Narrows Project, or MSN -C) that will include adding a high occupancy vehicle lane (HOV) in each direction, from Old Redwood Highway to Route 116, improving on - and off- ramps, and providing traffic management technologies that maximize congestion management in the corridor; and, Resoluliatt No. 2M -6I3 N.C.S. Parc 1 S:ICIP DivisionlProjectsll?ast Washington 101 Interchange C20010711,-ast Washington Interchange 1'roicct C5003061Aeenda BiilslAuthrorile PDSA w-URSIRLV 4 -16 -091R -V 4-16-09 URS PDSA Reso .DOC WHEREAS, the Implementation Plan provides for the use of $4 million in tax increment funds for the purpose of funding the right-of-way acquisitions and construction of the Past Washington Interchange ramp improvement component of Caltrans' Marin/SonomaNarrows, Segment C (MSN -C) Project as more particularly described in the Implementation Plan (collectively, "Public Improvements") within the Project Areas and for the benefit of the Project Areas; and, WHEREAS, on December 19, 2005, by PCDC Resolution No. 2005-20, the Petaluma Community Development Carunission authorized the Executive Director to allocate $410 from PCDC account undesignated fund balance to East Washington. Interchange Project RDA 100280 (previous project number 0500305) for right-of-way acquisition and construction of the ramp improvements to the East Washington Interchange component; and, WHEREAS, PCDC and City staff are aware of no other local source of funds reasonably available to undertake the City's share of funding for the Public Improvements, as the only other source available for such purpose would be City general fund revenues which are committed for the provision of essential services such as police and fire services; and, WHEREAS, the Public Improvements are of benefit to the Project Areas and/or the innnediate neighborhood in which the Public Improvements will be located, regardless of whether the Public Improvements are in another project area, in that they will facilitate improvement to the traffic circulation along the East Washington Street corridor in the future; and, WHEREAS, payment of funds for the Public Improvements will eliminate blighting conditions in the Project Areas in that they will facilitate improvement to traffic circulation and pedestrian/vehicular safety along the East Washington Street corridor and facilitate redevelopment of large parcels of vacant and underutilized land, and, WHEREAS, the wort: includes right-of-way acquisition for the installation of a new northbound on-ramp and realignment of the southbound on-ramp at the East Washington Interchange; and, WHEREAS, the current funding for the East Washington Interchange component (Project ItDA100280) of the MSN -C Project and design of the full MSN -C Project consists of consists of $1M in demonstration funds, $9.5M in Measure M funding, $13.5M in SAFETEA- LLC (federal) funds, and $4M in PCDC funds, for a total of $28M in available funding; and, WHEREAS, the current estimated Interchange Project cost, including right-of-way land acquisition., is S21 SM, and design cost of the MSN -C is estimated at $5.5M, for a total cost of $28M; and, WHEREAS, the Petaluma City Council has determined that it is in the best interest of the community to continue pursuing right-of-way acquisition of Plaza North, Plaza South and Regency shopping centers, and construction of the East Washington Street Interchange component ahead of the MSN -C I-IOV Project; and, WHEREAS, to move both Projects forward, Council urges the Sonoma County Transportation Authority Board to designate all Measure M funds from the MSN -C Project to Resoluliun No, 2009-013 N.C.S. S:ICIP Divisionll'rnjectslEast Washington 101 Interchange C20010711:as6 Washington Interchange Project C500306\Agenda Bills othrorize PDSA +v-1MSIREV 4-16-091R1.V 4-16-09 URS PDSA Reso .DOC fund the East Washington Interchange component (Project RDA100280, previous project number C500306) and complete design of the MSN -C Project; and, WHEREAS, it is anticipated that federal stimulus packages from the State or federal level will be enacted over the next few months, for which Project RDA 100280 may be eligible for inclusion. NOW, THERE, FORE, BE IT RESOLVED that the Petaluma City Council: 4. REFERENCE: AYES: NOE8r ABSENT: Adopts the above factual recitals as true and correct, and as its findings. Based upon the foregoing, finds that (i) the expenditure of tax increment funds to undertake the Public Improvements as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the Public Improvements is reasonably available, (iii) completion of the Public Improvements will eliminate blighting conditions in the Project Areas; and (iv) completion of the Public Improvements is consistent with the hnplementation Plan adopted for the Project Areas Consents to the expenditure of tax increment funds in the amount of $4M for the completion of the Public Improvements as set forth in this Resolution. Urges Sonoma County Transportation Authority to designate all Measure M funds in the Marin/Sonoma Narrows, Segment C Project to fund the East Washington Interchange component (Project RDA 100280, previously 0500306) and complete Bill design of the MSN -C Project; and Directs staff to continue to pursue inclusion of the Cast Washington Interchange component (Project RDA I00280) of the MSN -C I-IOV Project in upcoming Slate and/or federal stimulus packages Under the power and authority confemd upon this Council by the Charter o f said City. l� I hereby certify the t'arepaiug Resolution was introduced and adopted by dic '� pproved as to Cuunci[ ol'lhe City arpetaiumu ata Regular meeting on the 26"' day u€'Juttuary, � furm: IUb9, by the lallmving vote, tir "M[y AllameY Vice Mayor Burrett, Class, 1-1nrris, Kealy. Rabbitt, Renee, tvluvUrTorlia1L---^ —., None None ABSTAIN: Nonep�– ATTEST: City Clerk RCSaIUIIDa No. 2009-U 13 N.C.S. Mayorl Page 3 S:1C1P Division\Prnjects\East Washington 101 Interchange 0200107/1 ast Washington Interchange Project C5003061Agenda Bi11s1Authrorize PDSA \v-LIItS\REV 4-16-091R1::V 4-16-09 LJRS PDSA Reso .DOC 10 Resolution Exhibit A PROFESSIONAL DESIGN SERVICES AGREEMENT East Washington Interchange Project RDA] 00290 (Title of Project) FY 08-09 Fund # 5400 Exp. Acct. # 54I40 Project # RDA100290 Amount $600.000 For multi-year contracts or contracts with multiple accounts: FY 09-10 Fund # 5400 Exp. Acct. # 54140 11'roject # RDA1002S0 Amount $744.530 FY Fund # Exp. Acct_ # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ THIS PROFESSIONAL DESIGN SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and URS a consultant in enaineerina ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tag Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant under the following terms: time and expense not to exceed One Million Three Hundred Forty -Four Thousand Five Hundred Thirty Dollars and no/100 ($1,344,530.00), in accordance with the project budget contained in Exhibit A hereto. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this PROFESSIONAL DESIGN SERVICES AGREEMENT— PREVAILING WAGES (URS Fomi) Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $1,344,530.00 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information" form available from City, and has obtained a currently valid Petaluma business tax certificate. E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on December 31. 2010, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 2 PROFFSSIONAL DESIGN SERVICES AGREFMENT--PREVA]LING WAGES (URS Dorm) i 6. Facilities and Euuipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the some. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Prouress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the perforrnance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 3 PROFESSIONAL DESIGN SERVICES AGREEMENT—PREVAILING WAGES (URS Fort") I� 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. AssiLrnnment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perfornr all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Comp'anee With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City; the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Such laws include but are not limited to the California Prevailing Wage Law, California Labor Code Section 1720 et seq. This Agreement is subject to the requirements of the California Prevailing Wage Law, and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit C. which is attached to and made a part of this Agreement. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 19. Notice, Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: 4 PROFESSIONAL RESIGN SE-RVICFs AGREEMENT --PREVAILING WAGES (URS Form) (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5,00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Facsimile: (707) 778-4554 And: Director of Public Works City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: 778-4467 Facsimile: 776-3602 Consultant: Ramsey Hissen URS Comoration 55 Market Street, Suite 1500 San Jose, California 96113 Telephone: (408) 297-9585 Facsimile: (408) 297-6962 20. Ownership of Documents. All original papers, documents or computer material on disk or micro -film, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 21. Indemnification. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, defend with counsel acceptable 5 PROFESSIONAL DESIGN SERVICES AGREEMENT— PREVAILING WAGES (URS Form) If to City, indemnify, and hold City, its officers, employees, agents, and volunteers ("Indemnitees"), harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("CIaims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly. In addition, and notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 22. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1 " or "B-2. "] 23. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 24. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 25. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 26, Governing Law, Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 27. Non -Waiver. The City's failure to enforce any provision of this Agreement or the 7aiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 28. Severability',. If any term or portion of this Agreement is held to be invalid. illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 6 PROFESSIONAL DESIGN SERVICES AGREEMENT -PREVAILING WAGES (URS Form) lire, 30. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 31. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 32. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 33. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 34. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. 7 PROFESSIONAL DESIGN SERVICES AGREEMENT --PREVAILING WAGES (URS Form) l I IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Administrative Services Director file name: URS PDSA ,,v/ prev. wage language 4.16.09 (fmk) CONSULTANT By Name Title Address City State Zip Taxpayer I.D. Number Petaluma Business Tax Certificate Number PRDI'L551DNAL DESIGN SERVICES AGREEMENT —PREVAILING WAGES (URS Form) is East Washington Interchange Project P5&E — Scope of Services Agreement Exhibit 1_ Scope of Services Att achment "A" This scope of services is specifically based on providing support services to the City of Petaluma (CITY) for completing the Plans, Specifications and Estimate (PS&E) phase of the East Washington Interchange Project (Project) in the City of Petaluma, Sonoma County. The key project components are as follows: ■ Task 1: Project Management • Task 2: PS&E Phase Support w Task 3: Final Design — Unchecked (65% PS&E) • Task 4: Final Design — Checked (95% PS&E) m Task 5: Pre -Final Bid Documents (100% PS&E) • Task 6: Final Bid Documents (Final PS&E) • Task 7: Caltrans HQ Final Review • Task 8: Right of Way Engineering ® Task 9: Bidding Support Services The technical approach for the key project components is described below. Task I — Project Management CONSULTANT, under this Agreement, will provide project management for each task for the entire duration of the schedule. Management activities will consist of administration, coordination, attending meetings and quality control as stated in the following: 1.1 Supervise, coordinate and monitor activities for conformance with CALTRANS standards and policies. 1.2 Maintain Project files in accordance with CALTRANS` Uniform Filing System. 1.3 Not perform any extra work without prior written authorization from CITY. 1.4 Coordinate the planning and design effort with project team and the following: • CITY • CALTRANS. • Sonoma County Transportation Authority (SCTA) • Various public groups and coalitions such as private property owners within the project area, businesses, and developers. • Utility Companies. 1.5 Prepare and maintain a detailed CPM design schedule utilizing the Microsoft Project software. 1.6 Prepare for and attend the following meetings: Prepared by URS Corporation � Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services • Monthly PDT meetings. CONSULTANT will arrange meetings, provide discussion material, and prepare minutes (up to 21 meetings assumed) • As needed coordination meetings with CITY, CALTRANS, and other agencies to resolve technical issues (up to 25 meetings assumed) • As needed meetings led by CITY with affected private property owners (up to 4 meetings assumed) If needed, prepare and submit meeting agenda. Prepare and distribute draft meeting minutes within five (5) working days after each meeting allowing two weeks for receipt of any comments. Prepare and distribute final meeting minutes incorporating relevant comments received on draft meeting minutes. 1.7 Prepare and maintain a Data Request Log. 1.8 Prepare and submit monthly invoices with progress reports. 1.9 Establish and implement a quality control procedure for planning and design activities, perform in-house quality control reviews for each task, and submit deliverables to CITY for review in accordance with the approved schedule. Task 1 Deliverables • Detailed CPM design schedule • Meeting agendas and draft/final meeting minutes • Data Request Log • Invoices and progress reports Task 2 — PS&E Phase Support 2.1 Data Collection and Review CONSULTANT will coordinate with CITY, CALTRANS, and other affected agencies to collect and review available data and information necessary for completing design of the Project. Data and information to be reviewed includes the following: • Approved Environmental Document (Initial Study) dated March 10, 2008, prepared by CALTRANS • Approved Combined PSR/PR dated March 14, 2008, prepared by CALTRANS • As -built plans • Uncirculated 65% PS&E prepared by CALTRANS • Utility information • Right-of-way information • Pertinent historical correspondence CONSULTANT will obtain an Access Encroachment Permit from Caltrans to conduct any necessary site investigations to thoroughly explore existing site conditions, take photographic records and verify topographic mapping features. If, needed, CITY will obtain Permits to Enter (PTE) private property from owners affected by the proposed Project improvements to allow CONSULTANT to conduct any necessary site investigation needed for the Project. Prepared by URS Corporation Last Updated: April 13, 2009 �10 2 East Washington Interchange Project PS&E -- Scope of Services 2.2 Base Mapping The uncirculated 65% PS&E prepared by CALTRANS is in metric units. CONSULTANT assumes CALTRANS will convert the mapping currently in metric units to English units for use by the CONSULTANT to complete final PS&E for the Project. All mapping to be prepared and maintained in Microstation format consistent with Caltrans drafting standards. 2.3 Traffic Studies CONSULTANT assumes no traffic studies or analysis is needed for the Project. 2.4 Environmental Studies and Environmental Document CONSULTANT assumes no further environmental studies are needed for the Project and that the Initial Study prepared by Caltrans and approved March 10, 2008, is the valid Environmental Document for the Project. 2.5 Public Outreach CONSULTANT assumes no further public outreach is needed for the Project. 2.6 Geotechnical Services CONSULTANT assumes all needed geotechnical services for the Project were previously performed by CALTRANS and all relevant information and reports will be provided to CONSULTANT to complete the final PS&E for the Project. 2.7 Hazardous Waste Investigation CONSULTANT assumes all needed hazardous waste investigations for the Project were previously performed by CALTRANS and all relevant information and reports will be provided to CONSULTANT to complete the final PS&E for the Project. 2.8 Final Geometric Refinements CONSULTANT will refine the preliminary geometrics developed by CALTRANS for the uncirculated 65% PS&E. The approved Combined PSR/PR prepared for the Project noted the following: Fact Sheet Exceptions to Mandatory and Advisory Design Standards were approved on 90/99/05 based on the original scope of work for the E. Washington improvement project. Due to changes in the scope of this project, the approved design exceptions are not valid any more and should not be used. The original scope was modified. Based on the latest proposed scope provided in this report, there are no Mandatory Design Exceptions or Advisory Design Exceptions required for this project. Conversion from metric to English units may introduce non-standard design features requiring formal review and approval by CALTRANS. Design exceptions for any non-standard features that require preparation of a Mandatory and/or Advisory Fact Sheet would be documented by Z Prepared by URS Corporation Last Updated: April 13, 2009 East Washington interchange Project PS&E — Scope of Services the CONSULTANT in draft Fact Sheets and submitted to CALTRANS HQ geometrician and CALTRANS District 4 for review and comment. CONSULTANT will address any comments on the draft Fact Sheets and submit final Fact Sheets for Caltrans approval. Any Fact Sheet approval by CALTRANS would be required before finalizing and submitting the 95% PS&E. The Final Geometric Refinement scope is based on the following deliverables: • If needed, draft Fact Sheets 65% submittal (5 copies) • If needed, final Fact Sheets prior to 95% submittal (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to comments 2.9 Drainage Report A draft Drainage Report dated February 2067 was prepared for the project. CONSULTANT will review the draft Drainage Report and update the report for the current scope of the Project. The report will include the following elements: • Existing conditions • Unusual and special conditions • Drainage water shed delineation • Hydraulic and hydrologic analysis • Proposed modifications to existing drainage systems • Alteration of facilities of other agencies and agreements The Drainage Report scope is based on the following deliverables: • One revised draft report for 65% submittal (5 copies) • One final report for 95% submittal (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to comments 2.10 Storm Water Data Report (PS&E Phase) A draft Storm Water Date Report (SWDR) dated March 2007 was prepared for the project. CONSULTANT will review the draft SWDR and update the report for the current scope of the Project. CONSULTANT will address the needs for erosion control measures and recommend BMPs for the Project. The SWDR (PS&E Phase) scope is based on the following deliverables: • One revised draft report for 65% submittal (5 copies) • One final report for 95% submittal (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to comments 2.11 Lane Closure Report 2 2. Prepared by URS Corporation Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services CONSULTANT will collect 7 day 24 hour traffic counts from CALTRANS, perform lane closure calculations per CALTRANS' standard methodology and submit a Lane Closure Report to CALTRANS for review and approval. This will also include Late Lane Closure Pickup calculations. The lane closure report scope is based on the following deliverables: • One draft report for 65% submittal (5 copies) • One final report for 95% submittal (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to comments 2.12 Transportation Management Plan CONSULTANT will prepare a Transportation Management Plan (TMP) in accordance with: CALTRANS current requirements. The TMP is a specialized program tailored to prevent and mitigate the impacts of a construction project by applying a variety of techniques including Motorist Information, Incident Management, Construction Strategies, and Public Information Strategies. The major objectives of the TMP are to maintain efficient and safe movement of vehicles through the construction zone; and to provide intensive public awareness of potential impacts in the vicinity of the project site. The transportation management plan scope is based on the following deliverables: • One draft report for 65% submittal (5 copies) • One final report for 95% submittal (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to comments 2.13 Permits CONSULTANT will review all drafts of permit applications and correspondence previously prepared for the Project by CALTRANS. CONSULTANT will prepare drafts of all permit applications needed for the Project that were not previously prepared by CALTRANS. Permits include those required from CALTRANS for conducting all field investigations and final permits for construction. Other applicable permits may include California Department of Fish and Game, the U.S. Army Corps of Engineers, and the California Water Quality Control Board. The permit applications will include all attachments and exhibits and will fulfill all applicable conditions identified in the permits to meet CALTRANS requirements as indicated in the RTL Guide, Cover Memorandum Attachment A, and the OSFP Information and Procedures Guide latest editions or current policy. After receipt of permits from the permitting agencies, CONSULTANT will review conditions of all Project permits, determine if conditions can be accommodated in the Project, and update the design documents accordingly. The permits scope is based on the following deliverables: • Draft permit applications for 65% submittal 23 Prepared by URS Corporation Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services • Final permit applications for 95% submittal 2.14 Cooperative Agreements CONSULTANT will assist the CITY to prepare drafts of all Cooperative Agreements needed for the Project that will be reviewed by CALTRANS' Project Development. Final Cooperative Agreements will be prepared based on a consensus reaching process between the CITY and CALTRANS. 2.15 Field Surveying Services CONSULTANT assumes any field surveys needed for the Project will be undertaken by CONSULTANT. Field survey services typically include work necessary to confirm mapping accuracy, verifying utilities and drainage facilities, right of way limits, pavement elevations and locations, potholing locations, boring locations, conforms, vertical clearances, obstructions, tree survey locations, lighting fixtures, fences, retaining walls, soundwalls, drainage swales and ditches and any other feature necessary to complete the design. 2.16 Final Utility Coordination CONSULTANT will be' responsible for interfacing utility design coordination with the CITY, CALTRANS' Right -of -Way Utility Coordinator and CALTRANS' Right -of -Way Project Coordinator. CONSULTANT assumes CALTRANS has already positively located some underground utilities that potentially conflict with the proposed improvements. CONSULTANT will review the uncirculated 65% PS&E prepared by CALTRANS to determine if additional positive locating of potential underground utility conflicts is needed. If needed, CONSULTANT will arrange for up to ten (10) additional underground utility locations to be positively located in the field by potholing or other acceptable method approved by CALTRANS. CONSULTANT will develop conceptual relocation plans for conflicting utilities that will be coordinated with the utility owners. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. CONSULTANT will • Review and update as -built utility information for the project area that was obtained during previous phases of the Project • Review and update existing utility mapping • Confirm potential utility conflicts based upon previous positive location data collected from the field by CALTRANS and up to ten (10) additional locations arranged by the CONSULTANT • At the 65% PS&E milestone, prepare "B" letters for CITY signature to be sent to the utility owners with the conceptual utility relocation plans • Coordinate with the utility owner who will prepare their own utility relocation plans and costs. Review utility relocation plans and costs prepared by the utility owners. • Prepare final notices ("C" letters) for CITY signature to be sent to the utility owners confirming the request to relocate utility facilities • Attend meetings with affected utility companies (up to 10 meetings assumed) • Assist the CITY in the preparation and execution of any needed agreements with utility owners that are required to relocate their facilities 2L� Prepared by URS Corporation Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services Provides copies of the "A", "B" and "C" letter correspondence to CALTRANS as part of the Utility Certification process Communicate with CALTRANS Right -of -Way Utility Coordinator and CALTRANS' Right -of - Way Project Coordinator to ensure inclusion of the proper utility permit requirements and other utility data for R/W certification and design Prepare a Utility Certification CONSULTANT assumes that all needed utility relocation plans will be prepared by the owner of the utility requiring relocation and that the utility owners will undertake the work to relocate their facilities with their own forces (except for sanitary sewer and water utilities). Relocation plans for sanitary sewer and water utilities will be prepared by CONSULTANT. CONSULTANT assumes there are no utility longitudinal encroachments into the highway right- of-way for the Project that would require coordination with CALTRANS to grant exceptions to their policy on longitudinal encroachments. The final utility coordination scope is based on the following deliverables: • Results of field verification of underground utilities by CALTRANS and, if needed, by CONSULTANT • "B" Letters for CITY signature with conceptual utility relocation plans • Final notices "Cn Letters for CITY signature • Utility Certification at Final PS&E 2.17 Landscaping/Replacement Planting CONSULTANT assumes there is no landscaping work (including irrigation) or replacement planting as part of the Project. Task 3 -- Fina[ Design — Unchecked (65% PS&E) Task 3 develops draft plans, specifications and quantities for Final PS&Q Unchecked (65% submittal) design completion. CONSULTANT will review the uncirculated 65% PS&E previously developed by CALTRANS in metric units and update in English units. CONSULTANT will hold meetings with CITY, CALTRANS and other agencies to resolve issues from previous design cycles and incorporate the agreed upon comments received from CITY, CALTRANS, and other agencies to prepare Final Design Unchecked (65%) documents. The submittal will consist of all design documents that are required for the Project. 3.1 Design Plan Sheets CONSULTANT will prepare all final Design Plan Sheets. Plans will be prepared in accordance with requirements stated in CALTRANS September 2008 Readv To List And Construction Contract Award Guide (RTL Guide) (formerly PS&E Guide) and, where applicable, to the OSFP Information and Procedures Guide and the Drafting and Plans Manual, all to be the latest editions. 3.1.1 Highway Design Plans 257 Prepared by URS Corporation Last Updated: April 13, 2009 East Washington interchange Project PS&E — Scope of Services A set of highway design plans will contain some or all of the following sheets. CONSULTANT will use the following code letters and sheet names and arrange sheets in the order shown. ID Code Letter Sheet Name -- Title Sheet X Typical Cross Sections CSS Construction Staking Survey Control Data K Key Map and Line Index L Layouts P Profile and Superelevation Diagram C Construction Details WPC Water Pollution Control Plans and Details EC Contour Grading/Erosion Control Plans and Details D Drainage Plans DP Drainage Profiles DD Drainage Details DQ Drainage Quantities SS Sanitary Sewer Plans SSP Sanitary Sewer Profiles SSQ Sanitary Sewer Quantities W Water Pipeline Plan and Profile W Water Pipeline Details WQ Water Pipeline Quantities U Utility Plans Sc Stage Construction Plans SCQ Stage Construction Quantities DE Detour Plans CS Construction Area Signs PD Pavement Delineation Plans PDQ Pavement Delineation Quantities S Sign Plans SD Sign Details SQ Sign Quantities Q Summary of Quantities TR* Tree Removal Plans E Signal, Lighting, TOS, Sign Illumination, etc. * CONSULTANT assumes that the PS&E for the Highway Landscaping and Irrigation for the Project will be done by others at a later date and under a separate construction contract. 3.1.2 Structure Design Plans CONSULTANT assumes all structure design plans will be prepared by CALTRANS. Structure design by CALTRANS would include completing design of the Washington Creek Bridge and all retaining walls. 3.1.3 Electrical Design Plans CONSULTANT will verify as -built plans in the field. Based on the obtained information, CONSULTANT will prepare electrical plans for the Project. In addition, CONSULTANT will Lo Prepared by UPS Corporation Last Updated: April 13, 2009 East Washington interchange Project PS&E r Scope of Services coordinate with PG&E in identifying electrical service points. The breakdown of deliverables by area is listed below: CONSULTANT will prepare the necessary Electrical Design Plans including: Freewav Liahtinq and Sian Illumination plans will be prepared at a scale of 1"=50' Citv Street Liahtina plans will be prepared at a scale of V=50' Traffic Operations System plans will be prepared at a scale of V=50' and assumes 3 locations Signal and Liahtinq plans will be prepared at a scale of V=20' and assumes 2 locations TemAorary Freewav Liahtinq and Sian Illumination plans will be prepared at a scale of V=50' Temporary Citv Street Liahtinq, plans will be prepared at a scale of 1 "=50' Temporary Sianal and Liaht. ing plans will be prepared at a scale of V=20' Temporary and Permanent Electrical Detail plans 3.2 Specifications and Special Provisions CONSULTANT will review CALTRANS' Standard Specifications, latest edition, and CALTRANS' Standard Special Provisions applicable thereto. For all work items necessary for construction of the Project, CONSULTANT will assemble data and prepare drafts of (1) necessary modifications to the Standard Special Provisions, and (2) additional specifications which may be necessary. CALTRANS will advertise the project and CONSULTANT will assist CALTRANS to prepare the "boiler plate" special provisions. CONSULTANT assumes CALTRANS will provide all input to the Special Provisions related to the structure work. CONSULTANT will provide a submittal to CALTRANS for approval of nonstandard special provisions, if any. Upon completion of the foregoing activities, CONSULTANT will submit the SSP signature and seal sheet. CONSULTANT will coordinate specifications with other design consultants to assist design interface activities. 3.3 Construction Quantities and Cost Estimate CONSULTANT will update the estimate of Construction Quantities and Cost Estimates to reflect design development from previous submittals to Final Design Unchecked (65% PS&E). Prepared by URS Corporation 9 Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services CONSULTANT will prepare a list of all construction work items required for the Project and a quantity estimate for each. Codes for additional items will be based upon CALTRANS' Standard Items of Work Codes. CONSULTANT assumes CALTRANS will provide all input to the cost estimate related to the structure work. CONSULTANT will prepare a Preliminary Construction Cost Estimate for the Project, including highway and structures. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total Project cost, including allowances for supplemental work, owner furnished materials, expenses, mobilization and contingencies. 3.4 Draft Right -of -Way Certification CONSULTANT assumes the CITY's own forces will provide updated Project right-of-way and utility requirements, prepare a draft Right -of -Way Certification and submit to CALTRANS' Right -of -Way for review and comment. CONSULTANT assumes the CITY's own forces will provide a qualified right of way consultant to prepare the draft Right -of -Way Certification in accordance with CALTRANS requirements. CONSULTANT will assure that sufficiency of right-of-way has been secured early enough in design to not impact the Project schedule during construction. CONSULTANT will verify that all of the real property rights required for the project are included in this document. 3,5 Preliminary Construction Schedule CONSULTANT will prepare a Preliminary Construction Schedule for the Project based on the data developed by CONSULTANT. The schedule will be prepared using Microsoft Project. 3.6 Draft Information Handout, Cover Memorandum & Cover Memorandum Attachment A CONSULTANT will prepare a draft Informational Handout, Cover Memorandum, and Cover Memorandum Attachment A in accordance with CALTRANS' RTL Guide, latest edition. 3.7 QC Review CONSULTANT will perform an in-house Final Design - Unchecked (65%) QC review. 3.8 Constructability Review of the 65% PS&E CONSULTANT will participate in a Constructability Review after the 65% PS&E submittal. It is assumed that the CITY will provide a representative to conduct the Constructability Review. CONSULTANT will coordinate the Constructability Review meetings. CONSULTANT will adequately address the comments generated by the review including providing explanation for comments not incorporated into the design. Task 3 Deliverables CONSULTANT will prepare a Final Design - Unchecked (65% PS&E) submittal that will include revised versions, if needed, of the various studies and reports identified in Task 2, and: 29 Prepared by URS Corporation 10 Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services • Highway Design Plans (40 copies) • Structures Design Plans (40 copies provided by CALTRANS) • Electrical Design Plans (40 copies) • Preliminary Specifications and Special Provisions (40 copies) • Updated Quantities and Estimates (40 copies) • Draft Right -of -Way Certification (5 copies by CITY) • Preliminary Construction Schedule (10 copies) • Draft Informational Handout, Cover Memorandum, and Cover Memorandum Attachment A (10 copies) • Electronic copies of all deliverables in "pdf' format Task 4 — Find [design — Checked (95% PS&F) Prior to making submittals of the final design - checked (95% PS&E) documents, CONSULTANT will assure that all comments are incorporated and resolved with CALTRANS and all its units, other reviewing agencies, and structures approval has been received from CALTRANS' ENGINEERING SERVICES. CONSULTANT will provide written responses to Task 6, Final Design - Unchecked (65% PS&E) review comments, with justification noted for each comment not incorporated. CONSULTANT will attend comment resolution meetings with the CITY, CALTRANS and other agencies to resolve issues. Review at this stage of design will require several revisions and resubmittals of plans, specifications, quantities and cost estimates. CONSULTANT will allow adequate provisions in its design for these changes. The submittal will be a complete, bid -ready set of documents, checked, stamped and signed. It is assumed that all necessary Fact Sheets documenting non-standard design features have been reviewed and approved by CALTRANS prior to stamping, signing and submitting the Final Design - Checked (95% PS&E) documents. CONSULTANT will perform the following activities: 4.1 Design Plans CONSULTANT will incorporate all agreed upon comments received from CITY, CALTRANS, and other agencies into the highway/structures/electrical design plans and prepare complete highway, structure, and electrical construction plans. 4.2 Specifications and Special Provisions CONSULTANT will incorporate all agreed upon comments into the Special Provisions and prepare Special Provisions which are specific to the Project for use with CALTRANS' Standard Soecifications, latest edition. SSP's will be submitted in MS Word format. CONSULTANT will assure that every construction work item for the Project has a method of payment stated in the Specifications and is accounted for in the Construction Cost Estimate, 4.3 Construction Quantities and Cost Estimate 2C� Prepared by URS Corporation it East Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services CONSULTANT will update the Construction Quantity Estimate submitted in Task 6. CONSULTANT will submit quantity calculations showing all sketches, diagrams and dimensions necessary for their use by field inspectors. All quantity calculations will be independently checked. CONSULTANT will update the Construction Cost Estimate submitted in Task 6. 4.4 Revised Right -of -Way Certification CONSULTANT assumes the CITY's own forces will update Project right-of-way and utility requirements, update the Right -of -Way Certification and submit to CALTRANS' Right -of -Way for final review. 4.5 Revised Construction Schedule CONSULTANT will update the Construction Schedule that was prepared for the 65% PS&E and will promptly notify the CITY of any differences between the update and the Construction Schedule for the Project in the most recent CITY schedule. CONSULTANT will coordinate all mitigation, highway and structures construction schedule information to prepare the Project Construction Schedule. 4.6 Final Information Handout, Cover Memorandum & Cover Memorandum Attachment A CONSULTANT will update the Draft informational Handout, Cover Memorandum, and Cover Memorandum Attachment A submitted with the 65% PS&E, and complete the document for final review. 4.7 QC Review CONSULTANT will perform an in-house Final Design - Checked (95%) QC review. 4.8 Independent Check CONSULTANT will perform an independent check of all drawings and calculations per CALTRANS Standard procedure. CONSULTANT will prepare independent quantity calculations and review the special provisions independently. Task 4 Deliverables CONSULTANT will prepare a Final Design - Checked (95% PS&E) submittal that will include revised versions, if needed, of the various studies and reports identified in Task 2, and: • Updated Checked Highway Design Plans (40 copies) • Updated Checked Structures Design Plans (40 copies provided by CALTRANS) • Updated Checked Electrical Design Plans (40 copies) • Updated Checked Specifications and Special Provisions (40 copies) • Updated Checked Quantities and Estimates (40 copies) • Updated Right -of -Way Certification (5 copies by CITY) Prepared by URS Corporation 12 Last Updated: April 13, 2009 East Washington interchange Project PS&E — Scope of Services • Updated Construction Schedule (40 copies) • Final Informational Handout, Cover Memorandum, and Cover Memorandum Attachment A (10 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to 65% PS&E review comments Task 5 — Pre - Final Did Documents (100% PS&E) Task 5 incorporates comments from Task 4 and produces Pre -Final Bid Documents (100% PS&E) ready for CALTRANS District 4 and Engineering Services final review and Project advertisement. CONSULTANT will review comments received from the reviewing agencies on the Task 4 submittals and attend comment resolution meetings with CITY, CALTRANS and other agencies to resolve issues. CONSULTANT will incorporate agreed upon comments and assist CITY in preparing Bid Documents for advertisement. 5.1 Plans, Specifications and Estimates CONSULTANT will update the design plans, special provisions and quantity estimates submitted for Task 4 and incorporate the comments received from CITY, CALTRANS and all of its units, and other agencies. CONSULTANT will coordinate the design plans, special provisions and estimates with those of other design consultants and assure that highway design interfaces with structures design when all documents are combined to form a single Project PS&E package. 5.2 Permits For all permits required from permitting agencies, CONSULTANT will prepare draft documents and supply required Project design and construction information to the CITY and CALTRANS to ensure conditions are resolved, and include these permits as part of the Bid Documents, All PS&E documents will be consistent with permit requirements. 5.3 Final Right -of -Way Certification If required, CONSULTANT assumes the CITY's own forces will update and finalize the Project right-of-way and utility requirements, update the Right -of -Way Certification and submit to CALTRANS' Right -of -Way for final review. 5.4 Final Construction Schedule CONSULTANT will update and finalize the Construction Schedule that was prepared for the 95% PS&E and will promptly notify the CITY of any differences between the update and the Construction Schedule for the Project in the most recent CITY schedule. 5.5 QC Review CONSULTANT will perform an in-house Pre -Final Bid Documents (100%) QC review. Task 5 Deliverables 5� Prepared by URS Corporation 13 Last Updated: April 13, 2009 East Washington interchange Project P5&E — Scope of Services CONSULTANT will prepare a Pre -Final Bid Document (900% PS&E) submittal that will include revised versions, if needed, of the various studies and reports identified in Task 2, and: • Bid Documents (40 copies including structure documents by CALTRANS) Final Right -of -Way Certification (5 copies by CITY) • Final Construction Schedule (40 copies) • Electronic copies of all deliverables in "pdF format Written responses to 95% PS&E review comments Task 6 -- Fina[ Bid Documents Task 6 consists of incorporating comments received from CALTRANS' District 4 and Engineering Services final review on the Task 5 submittals and preparing the Resident Engineer's file. CONSULTANT will coordinate with other design consultants and update Project documents as required. 6.1 Bid Documents CONSULTANT will incorporate into the Bid Documents submitted for Task 5, the comments received from the CITY, and CALTRANS' District 4 and Engineering Services final review. Once final, CONSULTANT will submit vellum copies of Pavement Delineation, Signing, and Electrical drawings for CALTRANS approval signature. 6.2 Resident Engineer's File CONSULTANT will prepare and submit a Resident Engineer's file in accordance with CALTRANS' Pro iect Development Activities Guide, OSFP Information and Procedures Guide, Bridae Memo to Desianers and include all project relevant items identified in the Resident Engineer's file check -off list. CONSULTANT will insure that the appropriate Resident Engineers' File items are in ENGINEERING SERVICES format and assure consistency of all the design documents. The following items, as a minimum, will be included for structures and will be prepared by CALTRANS and forwarded to CONSULTANT: • Bridge deck contour (formerly 4 -scale) plans in accordance with CALTRANS Memo to Designers 2-2 or latest practice. • Final Foundation Report • Joint Movement Rating Calculations The following items, as a minimum, will also be included: • Copies of final permits and agreements • Design cross sections • Slope staking notes • Final Design and Materials Report -52 Prepared by URS Corporation 14 Last Updated: April 13, 2009 East Washington Interchange Project PS&E -- Scope of Services • Final Drainage Report • RIW Hardcopy Maps including information on Temporary Construction Easements and Permits to Enter • Utility correspondence including contact information, record maps, and relocation plans (if available) 6.3 Survey File CONSULTANT will prepare a survey file and submit it to CALTRANS Project Development and the CITY. The Survey File is due to CALTRANS 30 days prior to construction contract advertisement. The Survey File submittal will conform to CALTRANS' Project Development Activities Guide and include: • Control traverses and bench circuits used to design the project. • Alignment traverses, of all center lines. • Bridge traverses with coordinates on abutment layout lines and wingwall layout lines. • Other structures traverses (i.e. retaining walls) with coordinates on layout lines. 6.4 CALTRANS CAD Submittal CONSULTANT will prepare submittals to CALTRANS in DGN format for roadway and structure plans including existing and new Log of Test Borings. As Built Log of Test Borings may be scanned into DGN files. The plans will comply with CALTRANS current Users Manual and Drafting and Plans Manual. Submittals will be made on CD-ROM. Task 6 Deliverables CONSULTANT will prepare a Final Bid Document submittal that will include revised versions, if needed, of the various studies and reports identified in Task 2, and: • Updated Bid Documents (40 copies including structure documents by CALTRANS) • Resident Engineer's File including ENGINEERING SERVICES requirements (5 copies) • Survey File (5 copies) • Electronic copies of all deliverables in "pdf' format • Written responses to 100% PS&E review comments Task 7 — CALTRANS HQ Final Review If needed, Task 7 consists of incorporating comments received from CALTRANS' Headquarters Review on the Task 6 submittals and updating the Resident Engineer's file. Task 8 — Bight -Of -Way Engineering RNV Engineering services include preparing the RAW Hard Copy Maps, RAW appraisal maps, and plat or legal descriptions. CONSULTANT will identify all right-of-way needs for the project, including easements, acquisition information and other right-of-way information necessary to accomplish the Project. Prepared by URS Corporation 15 Last Updated: April 13, 2009 East Washington Interchange Project PS&E — Scope of Services CONSULTANT will attend meetings to discuss right-of-way related issues. CONSULTANT assumes CITY's own forces will undertake the work associated with appraisals and negotiations with any affected property owner, obtain title reports for all affected parcels, and prepare/sign the R/W Certification. Task 8 Deliverables CONSULTANT will perform in-house quality control review and submit the following Project documents in accordance with the approved schedule: • R/VV Hard Copy Maps (Draft/Final) • R/VV Appraisal Maps (Draft/Final) • Plat or Legal Descriptions Task 9 — Bidding Support Services It is assumed that construction contract advertisement will be the responsibility of CALTRANS. CONSULTANT will provide the following bidding support services to support the Project advertisement and bidding phase: Providing information to the CALTRANS and the CITY for responses to bidders' questions regarding the bid documents Attendance at the Pre-bid Meeting Preparation of addenda to the bid documents CONSULTANT assumes that support services during construction for the Project will be done under a separate contract. Prepared by URS Corporation 16 Last Updated: April 13, 2009 East Washington Interchange Project P5&E — scope of Services Major Milestone Schedule No Milestone 1 Assumed NTP from CITY 2 PA/ED 3 Final Design Complete (15 months) 4 RMI Certification (14 months) 5 Environmental Permits (12 months) 6 Advertise, Award, Approve (AAA) (6 months) 7 Begin Construction 8 End Construction (14 months Estimated) Assumptions Submittal Date April 21, 2009 Completed By CT February, 2010 April, 2010 April, 2010 June, 2010 August, 2011 September 2012 The estimate of labor hours and time scheduled to perform the work is limited by the following assumptions and as may be noted elsewhere. Right of Entry 8 Encroachment permit applications to perform design activities within Caltrans right of way will be prepared by CONSULTANT for CITY signature. Title Blocks • All project deliverables will be prepared using CALTRANS title blocks. Units • All project deliverables will be prepared in English units. Utilities • Longitudinal encroachment exceptions are not included. Pavement o Existing pavement does not require any analysis or testing. Landscanincl and Irriaation • No landscape and irrigation design is included in the project • Design of Biological Mitigation areas is not included Chancle of Access New northbound on-ramp will not constitute a change in access with the US 101 mainline that would require review and approval by the FHWA Sound Walls • No sound walls are required by the project Computer Aided Design software The In -Roads computer aided design software will be used by the CONSULTANT to aid in the design of the project. Conversion of data from the In -Roads design software to the CAiCE design software currently used by Caltrans is not included. 5: Prepared by U RS Corporation 17 Last Updated: April 13, 2009 INSURANCE REQUIREMENTS Consultant and any subcontractor shall not commence work under this Agreement until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and carrier and the City Manager as to sufficiency, nor shall Consultant allow any contractor or subcontractor to commence work on this contract or subcontract until all similar insurance required of the Consultant and/or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, the Consultant's agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City prior to execution of this agreement. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City prior to execution of this agreement. Exhibit B2 Page I of 2 URS PDSA - INSURANCE RFQtJlREMFNI'S January 2009 C. ]Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AMI. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by the City. URS PDSA 1.22.09 (fmlc) Exhibit 132 37 Page 2 of 2 URS PDSA - WSURANCE REQUIREMENTS January 2009 HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work. in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The 1 -SS Provisions Required Pursuant to California Labor Code § 1720 et seq. Services Agreement — Prevailing Wages (City) (Sept. 2007) (Manage # 1037770) Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. if a subconsultant worker engaged in performance of the Services is not paid the general prevailing per diem wages by the subconsultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: The Agreement executed between the Consultant and the subconsultant for the performance of part of the Services shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. Upon becoming aware of a subconsultant's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for performance of the Services. 4. Prior to malting final payment to the subconsultant, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Services and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Services, shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Services. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: l . The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any Services performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. 31 Provisions Required Pursuant to California Labor Coale 4 1720 et seq. Services Agreement-- Prevailing Wages (City) (Sept. 2007) (Manage #1037770) D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsultants engaged in performance of the Services, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most Nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. file mime: 4779238 Provisions acquired Pursuant to California Labor Code t; 1720 et seg. Services Agreement — Prevailing Wages (City) (Sept. 2007) (iManage # 1037770)