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04-12-2016 CC Rpt A06 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY 4 Meeting Date: April 12, 2016 Item No.: A06 Public Hearing: ❑ Discussion Item: ❑ 11iEM Chino Hills Consent Item: ❑ April 5, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PROFESSIONAL SERVICES AGREEMENT (PSA) WITH ONWARD ENGINEERING RECOMMENDATION: Authorize the execution of a Professional Services Agreement with Onward Engineering for preliminary engineering and final design services associated with the Los Serranos Infrastructure - ATP project for a not-to-exceed amount of $102,230. BACKGROUND/ANALYSIS: On November 18, 2014, the City received notification from the Southern California Association of Governments (SCAG) that the California Transportation Commission (CTC) formally approved funding for the Los Serranos Infrastructure — ATP project, The grant amount of $1,732,000 is for project design and construction. This grant will aid in funding the design and construction of sidewalks, curb and gutter, curb ramps, minor necessary asphalt improvements, and street lighting along the following street sections: • Mariposa Avenue between Bird Farm Road and Fairway Boulevard • Fairway Boulevard between Mariposa Avenue and Carmelita Avenue • Carmelita Avenue between Bird Farm Road and Fairway Boulevard • Yorba Avenue between Mesa Boulevard and Bird Farm Road • Murray Avenue north of Bird Farm Road • Esther Street between Fairway Boulevard and Williams Avenue • Ethel Street between Fairway Boulevard and Williams Avenue • Avery Street between Fairway Boulevard and Los Serranos Road • Pheasant Street between Fairway Boulevard and Los Serranos Road • Quail Street between Fairway Boulevard and Los Serranos Road On September 25, 2015, staff received notification that the authorization to proceed with design was approved. 85/623 AGENDA DATE: APRIL 12, 2016 PAGE 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT (PSA) WITH ONWARD ENGINEERING On November 24, 2015, Council adopted a Program Supplement Agreement between the City of Chino Hills and Caltrans regarding the Los Serranos Infrastructure -- ATP project. On January 11, 2016, staff issued a request for proposals (RFP) for engineering design services associated with the Los Serranos Infrastructure —ATP project. On February 4, 2016, the City received ten (10) proposals. The proposals were evaluated by staff with consideration of the consultants' knowledge of the project, proposed scope of work, and project timeline. As a result, three firms were selected for the interview process. Those firms were: GHD Onward Engineering Minigar & Associates Based upon the interviews, staff determined that Onward Engineering had the best combination of experience, staffing, and overall approach to the work. CEQA REVIEW: On March 24, 2015, the City Council determined that the Los Serranos Infrastructure — ATP is Categorically Exempt under the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301(c) and 15302. On June 11, 2015, the City received notification that the project received a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) of NEPA. REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney and the Finance Director. FISCAL IMPACT: Funding for these services will come from the Los Serranos Infrastructure - ATP project, as approved in the FY 2015-16 Capital Improvement budget. Respectfully submitted, Recommended by: a R Konradt Bartlam, City Manager Steven C. Nix, City Engineer SNNC/PS Attachments: Exhibits A, B, C, D Professional Services Agreement 86/623 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND ONWARD ENGINEERING THIS AGREEMENT, made and entered into this 12th day of April, 2016, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and Onward Engineering hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 . SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on April 13, 2016. -1- 87/623 2. STATUS OF CONSULTANT, Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. -2- 88/623 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $102,230.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this -3- 89/623 Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on October 14, 2016, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. -4- 90/623 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide -5- 91/623 declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or -6- 92/623 indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally -7- 93/623 recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. (c) Consultant shall save harmless, indemnify and defend City and all its officers, officials, employees, volunteers, and representatives from and against any and all liability, loss, damage, expense, or cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of Consultant's officers, agents, employees, or representatives in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Consultant's duties and obligations under this paragraph shall apply notwithstanding any alleged or actual passive negligence of City which may have contributed to the liability, loss, damage, expense, or cost. (d) For purposes of this section "City" includes City's officers, officials, employees, agents, representatives, and volunteers. -8- 94/623 (e) It is expressly understood and agreed that this paragraph 14 is intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. (f) The requirements as to the types and limits of insurance coverage to be maintained by Consultant, as required by paragraph 15, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. (g) If any action or proceeding is brought against the City by reason of any of the matters against which Consultant has agreed to indemnify the City as above provided, Consultant, upon notice from the City, shall defend the City at Consultant's expense by counsel determined acceptable to the City in City's sole discretion. The City need not have first paid any of the matters as to which the City is entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(g), but the limits of such insurance shall not limit the liability of Consultant hereunder. (h) The Consultant shall promptly pay any final judgment rendered against the City with respect to claims determined by a trier of fact to have been Consultant's allocated share of liability. -9- 95/623 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, 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 Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. --10- 96/623 (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. l3 Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. -11- 97/623 (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) 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. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability, Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, -12- 98/623 employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with, The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. -13- 99/623 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. -19- 100/623 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their -15- 101/623 corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Majdi Ataya Onward Engineering 300 S. Harbor Blvd., Suite 814 Anaheim, CA 92805 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. OTHER TERMS AND CONSISTENCY. This Agreement is subject to the terms and conditions set forth in Exhibit D. In resolving any conflicts or ambiguities, Exhibit D takes precedence over the main body of this Agreement and Exhibits A, B and C. The main body of the Agreement takes precedence over Exhibits A, B and C. Exhibit C sets forth the Schedule of Fees and is incorporated into Exhibit B by reference. Any inconsistency will be resolved in the order which appears below: -16- 102/623 Exhibit D Main Body of the Agreement Exhibit A Exhibit B Exhibit C 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ONWARD ENGINEERING CITY OF CHINO HILLS By 7///e'( IZ Art Bennett Mayor Title iii,50)e:/j ATTEST: tt By V Cheryl Baiz City Clerk Title C.06--Po 2A-rSEcRcrPrR.Y APPROVED AS TO FORM: Mark D. Hensley City Attorney -17- 103/623 Exhii itA Scope of Services ONWARD ENGINEERING SCOPE OF WORK Phase i — Slte Research Deliverables -Meeting minutes and agenda Deliverables -Existing records matrix and copies of existing records(roadway,right-of-way, utility) Deliverables -Utility matrix&notification log;1",2"d,and utility notices;Correspondence to each utility company Deliverables: -Site evaluation notes,photos,&video;Pavement marking and roadway signage inventory;Survey notes Deliverables -Signed &dated survey notes;CAD survey files&Topographic Survey Basemap Phase II — Preliminary Design [3.44c SF}ee { ' Deliverables -Street,right-of-way,and utility base maps(CAD&POE file) Deliverables -Plans&Estimates in hard copy&soft copy;CD of all submittal review comments/responses and red-lines R ` Phase IIi — Final Design Deliverables -PS&E in hard copy&soft copy;CD of all submittal review comments/responses and red-lined plans Deliverables -Progress meeting minutes Deliverables •Complete set of plans;Complete unbound project specifications; Project quantities and cost estimate; 104/623 Exhibit B Compensation A. The method of payment for this Agreement will be based on a lump sum. The total lump sum price paid Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit A - Statement of Work - of this Agreement. Total compensation under this Contract must not exceed $102,230, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City consistent with billing rates found on Exhibit C. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by the City Manager. B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant with respect to each Task detailed in the Table of Estimated Fees and Expenses ("Table"). If Consultant fails to submit the required deliverable items according to the schedule set forth in the Table and the Statement of Work, City shall have the right to delay payment or terminate this contract in accordance with the provisions of Section 9 "Termination." In no event shall the amount of compensation exceed the amount allotted for each Task set forth in the table unless the City Engineer approves such exceedance in writing. C. Consultant shall not commence performance of work or services until this Agreement has been approved by the City Council and notification to proceed has been issued by the City's Contract Compliance Officer. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. D. Invoices shall detail the work performed on each Task set forth in the Table, as applicable. Invoices shall follow the format stipulated in the Table and shall reference this Agreement number and project title. Final invoice must contain the final cost, The final invoice should be submitted within sixty (60) calendar days after completion of Consultant's work. Invoices shall be mailed to the City's Contract Compliance Officer at the following address: City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 E. Subcontracts shall not exceed $25,000 and must be approved in advance by the City Manager, Page 1 of 3 105/623 ONWARD ENGINEERING FEE PROPOSAL TO PROVIDE •«" "• PRELIMINARY ENGINEERING & FINAL DESIGN SERVICES FOR THE .... .. "` "' LOS SERRANOS INFRASTRUCTURE-ATP PROJECT IN THE CITY OF CHINO HILLS C/A/QC Manager Project Manager Project Majdi Ataya,PE Justin Smeets,PE Engineers $u1?LOns tants Phase Project Tasks Total $110 $100 j $90 Hours Hours Hours I Phase I-Site Research I ! I 1 Kick-Off Meeting 2 4 I 2 5600 2 Research and Review Available Data 2 8 I 40 I $4,520 1 3 Utility Research and Notification I 8 24 I $2,959 j I 4 Site Evaluation l 2 8 15 I $2,460 1 5 Aerial Topographic Survey 2 8 I $32,890 $33,810 1 5 Reimbursable Expenses I I $200 1 Phase l-Site Research I 6 30 90 1 $32,890 $44,850{ 11 Phase II-Preliminary Engineering II 1 !Base Sheets I 4 26 I 60 I I $8,440 II 2 35%Plans&Estimates 10 , 30 160 $13,500 11 3 I Reimbursable Expenses I I I I I $400 II Phase II-Preliminary Engineering I 14 I 56 I 220 i $0I 527,340 i 111 Phase Iil-Final Design I III 1 !Prepare 65%and 90%PS&E a 15 I 60 I 180 I I 523,350 : III 2 !Prepare 100%and Final PS&E I 4 I 15 I 40 I I $5,540 HI 3 I Reimbursable Expenses 1 I I I I $650 III Phase HI-Final Design I 19 I 75 I 220 I $01 $30,040 1 TOTAL f $4,290 $16,100 $47,700 $32,890 1 $102,230 Page 2 of 3 106/623 1D 1=k Name Dor'aDon St]fl Fmrc7 16 Apr1o,Y¢ L Ara 24_111 iMaw6.Ye Ibleu 22's$ IJan 5.16 I g I _ ..•.< ... �R 5,,vwr S.T IM1 F TIS1W173ITIMIF ITISIWlS TIMI F T $ WIEI T M -^ � M ��4 . -Z 1 LasSetculoL hharatr7actale-ATP 11D car. 'Nice cli:116 Tire9120f16- I I 1 111 Ci1p lMans'Calico la Proceed Saar Wed 411/76 Wad 41316 pl'f3 3 Plate 7-19de Re=arelr 2S days Wed 417/1; Wcd SISL1L I . . III I l 4 ...---1Rek-OE Reefing 0 dalr. Wed 4f13116 Wed 417d7G . ;6MS 1 S Rosea2h and Review AvarL37lc Dat, Sdart ...Tad 4l1V1G Wed 4/2011S "—_u3D ti Utility Rescreen are Notiti on 20 days Tea 1111.11C Wed 5/71/17 MI 7 11YeI�7aUeti3 4dep Tho421116 Toeer26116 472G 4 Aerial Topographic Surrey -25eCrys Thu41416 Wed'171E11G 3►1E a Pham 77-PreLmieary Engineering 31 days Thu SIS'L16 TL.Il3W19 `, ,' ''.are .III 111,, 16 SOW Sheet Preparation 6days Thu 5179775 The 511617 nElieda I Prep=2914 Pum.aE...r.,srr '"-- 20©ays--- Fa 5127156 Thu 6=6 1774 12 Submit 25%Pbe:.and Estimates 0 alis The 647/74 Tau 623/16 *4422 , 13 _..C7y to Review Dir?law 5 F.. romtm 5day6 Fri smote Thu 6.3016 alliern i 14 :...-.. `$5%Projrel Meeting __— 0days Tho 6736/16 TheGl37h"1& it 1S ----Ilirear IS Y`rea7 nc=%ps 34671ys Fri WU% Tac 57:01611 ,, Al j7 iG Pe S%1%.€ 20 days F6TA1/16 The77Zs1& Tl2i 77 Submit CS%PSL£ -___- _-..0 Wei% The 712Z116 The 7172116 1 eZ15125 GCy la Ronan ES%PSSP - ----10-claii Fri 7!29716 Tea rd1116 1111111114"1 Pratte z lslaEmn 0 days The 9171716 The 5/11114 y1 20 Prerc pare 0D%PSG10 day: Fri 517376 Thu=WIG 21 Sulam!90%PSZE _'------ - 0 days The W25119 Thu$25118 �enlL 22 Cry%Review 40 PSSE10 drys Fri 11126/16Thu 916.12 7l1=01",R • 23 1 9076 Progress Machin 0 days This 99118 The 9/2•116 24 i Prepare 100%PS52 ..__—.......__.. a atCyS Fe 99776. _-.Tub 927/12 ^`^"''�„ry17p Submit 1D0%?SSE f,701 -_--.f 0 dart Tee 916 -Toe 920716 - .Fry v;_ Page 3 of 3 107/623 Exhibit C Fee Schedule 1 tt1 /%. 1 \I I, I Irk ' I I IIitIII ( - I 1I. I ' l I „''. -I• - 1 ( l i t. A 114;141/144 QA/QC Manager $110 3 Project Manager $100 4 1 Construction Manager $100 5 Project Engineer $90 6 Construction Inspector $90 7 1 Administrative Staff $60 *Costs include office overhead and are fully burdened and Include all mileage and reimbursable expenses.This hourly rate schedule is part of our quote for use in'invoicing for progress payments and for extra work Incurred that is not part of this RFP. 108/623 Exhibit D Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language • EXHIBIT 10-R A&E SAMPLE CONTRACT LANGUAGE (For Local Assistance Federal-aid Projects) ARTICLE IV PERFORMANCE PERIOD(Verbatim) A. This contract shall go into effect on April 13.2016.contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on Oct. 14.2016,unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS(Verbatim) A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables,including travel and equipment described hi Article II Statement of Work of this contract. No additional compensation will be paid to CONSULTANT,unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project,adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work,LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work,or for any work performed prior to approval of this contract. D. CONSULTANT will be reimbursed,as promptly as fiscal procedures will permit,upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone,on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (CITY OF CHINO HILLS. JOE DYER. ASSISTANT CITY ENGINEER) (14000 CITY CENTER DRIVE, CHINO HILLS, CA 91709) E. The total amount payable by LOCAL AGENCY shall not exceed$102.230, F. All subcontracts in excess of$25,000 shall contain the above provisions. Page 1 of 21 LPP 15-01 January 14,2015 Page 1 of 5 109/623 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE VI TERMINATION(Verbatim) A, LOCAL AGENCY reserves the right to terminate this contract upon thirty(30)calendar days written notice to CONSULTANT with the reasons for termination stated in the notice. B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT,LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination,unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract, In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance,if any,shall be paid to CONSULTANT upon demand. C. The maximum amount for which the Government shall be liable if this contract is terminated is S0 dollars. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim) A, CONSULTANT agrees that the Contract Cost Principles and Procedures,48 CFR,Federal Acquisition Regulations System,Chapter 1,Part 31.000 et seq.,shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR,Part 18,Uniform Administrative Requhements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR,Part 18 and 48 CFR,Federal Acquisition Regulations System,Chapter 1, Part 31.000 et seq.,are subject to repayment by CONSULTANT to LOCAL AGENCY. . D, All subcontracts in excess of$25,000 shall contain the above provisions, ARTICLE VIII RETENTION OF RECORDSIAUDIT(Verbatim) For the purpose of determining compliance with Public Contract Code 10115,et seq. and Title 21,California Code of Regulations,Chapter 21,Section 2500 et seq.,when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT,subconsultants,and LOCAL AGENCY shall maintain and make available for inspection all books,documents,papers,accounting records,and other evidence pertaining to the performance of the contract,including but not limited to,the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, The state,State Auditor,LOCAL AGENCY,FHWA,or any duly authorized representative of the Federal Government shall have access to any books,records,and documents of CONSULTANT and it's certified public accountants(CPA)work papers that are pertinent to the contract and indirect cost rates(ICR)for audit, examinations,excerpts,and transactions,and copies thereof shall be furnished if requested. Subcontracts in excess of$25,000 shall contain this provision. ARTICLE IX AUDIT REVIEW PROCEDURES(Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement,shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. Page 2 of 21 LPP 15-01 January 14,2015 Page 2 of 5 110/623 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after issuance of the final audit report,CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. ARTICLE X SUBCONTRACTING(Verbatim) A. Nothing contained in this contract or otherwise,shall create any contractual relation between LOCAL AGENCY and any subconsultant(s),and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s)and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s)is all independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator,except that,which is expressly identified in the approved Cost Proposal. C. CONSULTANT shall pay its subconsultants within ten(10)calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. Any subcontract in excess of$25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s)must be approved in writing by LOCAL AGENCY'S Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE(Verbatim) A, Prior authorization in writing,by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order,or subcontract exceeding$5,000 for supplies, equipment,or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item,service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding$5,000 prior authorization by LOCAL AGENCY'S Contract Administrator;three competitive quotations must be submitted with the request,or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract,or if the contract is terminated,CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fah'market value,or sell such equipment at the best price obtainable at a public or private sale,in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment,fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment,the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR,Part 18 requires a Page 3 of 21 LPP 15-01 January 14,2015 Page 3 of 5 111/623 Local Assistance Procedures Manual EXHIBIT 1041 A&E Sample Contract Language • credit to Federal funds when participating equipment with a fair market value greater than$5,000 is credited to the project. D. All subcontracts in excess$25,000 shall contain the above provisions. ARTICLE XII STATE PREVAILING WAGE RATES(Verbatim) A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770,and all Federal, State,and IocaI laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract,if for more than$25,000 for public works construction or more than$15,000 for the alteration,demolition,repair,or maintenance of public works,shall contain all of the provisions of this Article. C. When prevailing wages apply to the services described in the scope of work,transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations(DIR)as outlined in the applicable Prevailing Wage Determination. See httn f/www.d r.ca.gov. ARTICLE XIII CONFLICT OF INTEREST(Verbatim) A. CONSULTANT shall disclose any financial,business,or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract,or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract,or any ensuing LOCAL AGENCY construction project,which will follow. B. CONSULTANT hereby certifies that it does not now have,nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. C. Any subcontract in excess of$25,000 entered into as a result of this contract,shall contain all of the provisions of this Article. D. CONSULTANT hereby certifies that neither CONSULTANT,nor any firm affiliated with CONSULTANT will bid on any construction contract,or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one,which is subject to the control of the same persons through joint-ownership,or otherwise. K Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract,or on any contract to provide construction inspection for any construction project resulting from this contract, F. Except for subconsultants whose services are limited to materials testing,no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XIV REBATES,KICKBACKS OR OTHER UNLAWFUL CONSIDERATION(Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration,either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty,LOCAL AGENCY shall have the right in its discretion;to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate,kickback or other unlawful consideration. Page 4 of 21 LPP 15-01 January 14,2015 Page 4 of 5 112/623 Local Assistance Procedures Manual EXIIT 10-R A&E Sample Contract Language ARTICLE XV STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein,and dated,shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has,unless exempt,complied with,the nondiscrimination program requirements of Government Code Section 12990 and Title 2,California Administrative Code,Section 8103. B. During the performance of this Contract,Consultant and its subeonsultants shall not unlawfully discriminate, harass,or allow harassment against any employee or applicant for employment because of sex,race, color, ancestry,religious creed,national origin,physical disability(including HIV and AIDS),mental disability, medical condition(e.g.,cancer), age(over 40), marital status,and denial of family care leave. Consultant and subeonsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act(Gov.Code §12990(a-f)et seq.)and the applicable regulations promulgated there under(California Code of Regulations,Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subeonsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. ARTICLE XVI DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein,shall constitute a certification under penalty of perjury under the laws of the State of California,that CONSULTANT has complied with Title 2 CFR,Part 180,"MIB Guidelines to Agencies on Government wide Debarment and Suspension(nonprocurement)",which certifies that lie/she or any person associated therewith in the capacity of owner,partner,director,officer,or manager, is not currently under suspension,debarment,voluntary exclusion,or determination of ineligibility by any federal agency;has not been suspended,debarred,voluntarily excluded,or determined ineligible by any federal agency within the past three(3)years;does not have a proposed debarment pending;and has not been indicted,convicted,or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three(3)years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award,but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply,initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. Page 5 of 21 LPP 15-01 January 14,2015 Page 5 of 5 113/623