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HomeMy WebLinkAbout11/01/2005, BUS 3 - CONTRACT SERVICES WITH DOKKEN ENGINEERING TO PERFORM PHASE II PROJECT REPORT AND ENVIRONMENTAL SERV Y r . 0�_ ;i s tp _ ' i�'� •.a, � w��-" / � ,SOL... W��. £. lt a 1 -f1t A` .f�ir.�l�•�I t. 00 zoo i�1. k•. th C �.:. O> i. .- � 1• �. 3.10 �" tal;:1 � .� ,^�+� •�;� „ ' � 1��� � •T ity� Y R AI � W•?il '8N'� ism �JEiI YYr///JJJgttj wr, :?y "r . v tel`, �' 0 l�,;�t►"' U 1� fi d00� � jy• -op�� 'All iAks Ilk d lef ftlpi Y •1 ��' AlTw7ri � y irn / as ,i` Fio _t 1.,� J ,�,�''Ml'rC.l• '1I (1�Rf��+1F►�-.,r1 _ � ,� • 15 y j�y� ' 1�w��v(1 . �'"ISI:' f,;^�:Jj'ki •� ��••�� y / 'Y�, a .��.��Jf�.(•a yJ.e�S �*ZI y � . . is 1 r• 1 r ._.Ir,•� Contract Services for the Los Osos Valley Road_Interc_hange Project Page 6 FISCAL IMPACT To date, $900,000 has been programmed for the US 101/LOVR project through various budgets including the FY 2005-07 CIP budget. Of that amount, $332,000 has been expended to deliver the approved Caltrans Project Study Report and the Phase I PA&ED work. With some partial savings in these early phases there is $571,000 available in the City budget to program for this next phase of work. The following is a breakdown of cost estimates to deliver the Project Report and the EIR: Task _ ___ Cost Estimate_ Caltrans Project Report $500,000 Environmental Impact Report $180,000a Contingency Amount $34,000a $714,000 Notes: a) Due to the complexity of the project location and it's proximity to the SLO Creek and Prefuino Creek,EIR cosfibiy be higher than the estimated$180.000. Therefore,staff is recommending a contingency amount be approved to be used if additional technical studies are requited by Caltrans: Because the cost of$680,000 for the Project Report and EIR would in essence, use up all available funding in the project account, staff is recommending that Council appropriate an additional $34,000 for the project budget to be used for potential unforeseen items such as needed public workshops and additional technical studies including possible property appraisals that may be necessary but are not part of the PA&ED costs. Based upon available fund and cost estimates, an additional $143,000 is needed to fully fund this next stage of the project. Staff is recommending that $143,000 in unappropriated Transportation Impact Fees be added to the project budget to complete this next phase of work. This represents the balance of unappropriated Transportaton Impact Fees.through 2007; other anticipated fees have already been allocated by Council to specific projects. ALTERNATIVES The Council may choose to defer the development of the PA&ED portion of the project until some future time. This alternative is not recommended, because it will delay the project and will ultimately lead to a delay to the construction of improvements at the interchange location, which has been identified as a major goal of the Council for the FY 2005-07 Financial Plan. ATTACBN ENT Agreement and Scope of Work [:\Council Agenda Reports\2005 Council Agenda Reports\TtanspormticnV.oVR Interchnage\CAR LOVR PA—ED Q.doc 3 r � � 1 Attachment 1 AGREEMENT 77 THIS AGREEMENT is made and entered into in the City of San Luis Obispo on by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,and Doliken Engineering,hereinafter referred to as Consultant.. WITNESSETH: WHEREAS, the City wants to have engineering work done to perform Phase II PA-ED analysis of the Los Osos Valley Road Interchange Project,Specification No.99821.90557B. WHEREAS,Consultant is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS'. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total,sum hot to exceed$680,000.00. 4. CONTRACTOR'S.OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Consultant further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City, or his designee. Requests for payment of services not contained in this agreement shall not be paid, unless prior written approval has been received by the consultant. 3 � 7 ti Agreement Page 2 6. COMPLETE AGREEMENT. This -written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of Any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties here-to shall be sent by United States mail, postage prepaid by registered or certified mail addressed as.follows: City Pamela K. King City of San Luis Obispo .955 Morro Street San Luis Obispo,CA.93401 Contractor Dokken Engineering Attn:Matt Griggs,P.E. 2365 Iron Point Road,Suite 200 Folsom,CA 95630 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do coven-ant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN wrmms, WHEREOF, the parties hereto have caused this instrument to be-executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: By Audrey Hooper,City Clerk dav�idfi. Romero,Mayor APPROVED AS TO FORM: CONSULTANT- By: ona P.Lowell,City Attorney Dokken Engineering 1-\_Council Agenda Reports\2004 agenda reportATtansportation and Development Review (Bochum)\LOVR inuxchange PA-ED Contract Dokken.dm 1O Exhibit fc October 12,2005 '-n i. 2005 Mr.Timothy Scott Bochum DeputyPublic Works Director ____,_� City of San Luis Obispo �~ ' Q ,%8ISP0 f 955 Morro Street : '+RTMENT San Luis Obispo, CA 93401 RE: Los Osos Valley Road/US-101 Interchange Project Approval Dear Mr.Bochum: Thank you for this opportunity to propose Engineering.Services to the City of San Luis Obispo for Project Approval of the Los Osos Valley Road/US-101 Interchange Project. This project is very important to Dokken Engineering and we realize it is a critical project for the City of San Luis Obispo. We respect the complexities of the project and look forward to working through the key issues of this interchange. I personally remain committed as your project manager with Juann Ramos as the Project Engineer. An organizational chart depicting our key staff and sub- consultants is attached. We have prepared a comprehensive scope of services with some revisions since the prior draft dated February, 2005. We have deleted some services that are non-essential to completion of the Project Report. Attached to this letter are two copies of the Summary Cost Proposal and the Estimated Labor Hours and Cost breakdown by subtask, labor by person or classification, and other direct costs. Due to progress since our February proposal and the following changes to our scope of work,the cost proposal has been reduced from$589,000 to$503,000. • Reduce studies from 3 alternatives to 2, the Miminum Build and the Southbound Hook Ramp alternative. The southbound loop on-ramp alternative has been removed. • Prepare all work from here forward in English Units only • Focused hydraulics approach from WRECO • Reduced surveying to eliminate Los Verdes bypass topographic mapping and metric mapping throughout. The following are some of the key strategies Dokken Engineering feels are important in the timely, cost-effective delivery of this project. 1) Our surveying approach is to perform greater ground surveys prior to mapping the aerial topography contours. As the aerial topography is mapped, the additional project cross. sections and feature surveys are built into the aerial topography for greater accuracy. This adds a little more cost up-front, but increases the accuracy of the entire topographic mapping and leads to fewer issues during construction. 3 --� 2365 Iron Point Road,Suite 200,Folsom,CA 95630 • Tele:916.858.0642 • Fax:916.858.0643 • www.dokkenengineering.com 1HRIT 66V Mr.Timothy Bochum October 11,2005 Page 2 2) We understand the stream hydraulics, of this interchange are very complex with 3 creeks, overland flow and backwater effects. Our approach will be to determine what minimum improvements are necessary to pass the design flows from PerLmo and Froom Creeks under the ramps and mainline of US-101. 3) We recognize that the environmental process will have a major effect on completion of this project. We have added Michelle Campbell to our team. Michelle has extensive experience working for the environmental branch in Caltrans District 8. Michelle will coordinate with the City's environmental consultant and the resource agencies to ensure the City's interests are protected. We understand the environmental consultant will be dependent ui)on,information from us to accurately identify the project footprint. staging needs, equipment to be used, excavations, fill areas, construction duration and final Project details. We have allowed time to review the draft environmental stud I ies and mitigations to verify suggested mitigations are appropriate, but not excessive: We have included these services, and time for meeting with resource agencies specificdlly as Task 7. Dokken Engineering is excited about the opportunity to complete the Project Report for the Los Osos Valley Road / US-101 Interchange and we have the resources available to start immediately. I would like to meet with you to discuss this scope of work and the project approach. I can be reached at(916),858-0642 to set up a meeting date or discuss any questions you have with this proposal. Sincerely, Matthew N. Griggs, P.E.. Project Manager Enclosures: Appendix A"Scope of Services" Project Organization Chart Summary Cost Proposal Estimated Labor Hours and Cost 1294-10 -1 .q� ;Vg .F4 "Y"wGy� e vT'$, .14 ++��yyyy}� ? @a*3viNpaM1"i -moiy'd� n �!� EX 0H October 20, 2005 Timothy Scott Bochum Deputy Director of Public Works CITY OF SAN LUIS OBISPO 955 Morro Street San Luis Obispo, CA 93401 RE: US 101/Los ds-os Valley Road Interchange Potential Cost for Environmental Work Dear Mr. Bochum: Dokken Engineering is pleased to be a continued part of the Los Osos Valley Road Project. It is our understanding that the City would like to add the Environmental Document services to the proposed Project Approval work within our contract with the City of San Luis Obispo. We have not received any cost proposals from environmental firms for the potential cost of the NEPA and CEQA clearance. At this time, budgeting for the EIR/EA should be a minimum of$180,000. Depending on actual proposals to be received, it may be as much as $250,000. If you have any questions; please call meat (916) 858-0642. Sincerely, DOKKEN ENGINEERING Matthew N. Griggs, PE Project Manager 1294/MNG/cc 2365 Iron Point Road,Suite 200,Folsom,CA 95630 Tele:916.858.0642 • Fax:916.858.0643 • www.dokkenengineering.com Los Osos Valley Road US 101 Interchange d'U-� APPENDIX A • SCOPE OF SERVICES (Revised 10/10/05) A. PROJECT DESCRIPTION The City of San Luis Obispo. is proposing to widen and improve Los Osos Valley Road (LOVR) over US-101 and increase the capacity of the US-101 interchange. The purpose of the proposed project is to maximize the efficiency of LOVR and the LOVR / US-101 interchange to preempt any degradation of traffic operations within the 20-year design period (2030). The project.limits extend along LOVR between Auto Park Way to the west and South Higuera Street to the east and along US- Route 101 for approximately 2500 feet south and 4300 feet north of the LOVR Overcrossing. The alternatives include several design features such as widening of LOVR, possible reconfiguration and widening of the interchange ramps, the addition of bike lanes and sidewalks where lacking, and the addition of auxiliary lanes where.warranted. The acceptable Level of Service for the proposed project is level D. The project is to be designed such that it will not preclude the planned ultimate widening of US-101 or future interchange improvements. This project is classified as a Category 4A project as defined in the Caltrans Project Development Procedures Manual because it increases capacity and requires acquisition of additional right of way. B. COORDINATION DOKKEN ENGINEERING shall coordinate with other involved agencies for compatible design and phasing of construction with existing conditions. Coordination may include, but will not necessarily be limited to the following: San Luis Obispo County SLOCOG Caltrans Regional Water Quality Control Board Federal Highway Administration Federal and State Resource Agencies Utility Companies San Luis Obispo County Flood Zone 9 Engineering Services Agreement — Scope of Services A=1 �a EXHIBIT "A" Los Osos Valley Road US 101 Interchange All meetings with other outside agencies will be scheduled by DOKKEN ENGINEERING with the approval of CITY. C. STANDARDS SURVEY The minimum standard of survey quality shall be that of similar surveys performed by CALTRANS. CALTRANS will designate the existing horizontal and vertical control monuments that are. to be the basis of all surveys, CALTRANS will provide the California Coordinate System values and/or elevation values for these monuments. All surveys shall be adjusted to the designated control monuments and their values. All surveys shall comply with OSHA regulations regarding safety equipment and procedures, safety instructions issued by the State, and the safety provisions included in the CALTRANS Surveys Manual. Monuments established shall be marked with disks, plugs, or tags. In addition, identify all established monuments by tagging or stamping the monuments with the license or registration number of the surveyor who is in "responsible charge" of the work. DESIGN STANDARDS The work to be performed by DOKKEN ENGINEERING shall be based on the procedures, guidelines, standards and code contained in the agency publications listed below: Project Development Procedures Manual (PDPM), with current amendments Local Programs Procedures(LPP), with current amendments Highway Design Manual (HDM), current edition with current amendments Manual of Uniform Traffic Control Devices (MUTCD) with California Supplements Standard Plans, current edition Standard Specifications, current edition Standard Special Provisions, with current amendments Engineering Services Agreement - Scope of Services A-2 EXF IBIT 6191 Los Osos Valley Road &S 161 Znterchan#e Bridge Design SpecificAtions Storm Water Quality Handbooks, current editions Encroachment Permit Manual, current edition Cooperative Agreement Manual, current edition PS&E Preparations Manual, current edition CADD Users Manual,.current edition Drafting Manual, current edition Standard Environmental -Reference, current edition tion Manual of Test, California 130 (geotechnical design), current,edition Urban Drainage Design Manual, us Dept of Commerce, current edition Drainage of.Highway Pavements, US Dept of Transportation, current edition City of San Luis Obispo Standard Plans and Spec,Ifications All documents shall be prepared using English standards and dimensions. D. ALTERNATIVES IN CONSIDERATION The alternatives have been renamed for the Project Approval and Environmental Document (PA&ED) phase of the Project. The following are the two alternatives being carried forward for study: Alternative A.: Minimum Build, this is the PSR-PDS Alternative 3 Alternative _B: Southbound Hook Ramps, this is the PSR-PDS Alternative 6 without the Northbound Slip On-ramp. This was PSR-PDS Alternative 6 with the slip on-ramp. Engineering Services Agreement - Scope of Services A-3 . ��l Cp99 N ���yyry]] 66/®�91 f I L•Fi%I� fW � YCl . Los Osos Valley Road US 101 Interchange SERVICES TO BE PROVIDED TASK 1.0 PROJECT MANAGEMENT 4 TASK 2.0 PRELIMINARY ENGINEERING STUDIES 7 TASK 3.0 GEOTECHNICAL STUDIES 30 TASK 4.0 TRAFFIC STUDIES 11 TASK 5.0 GEOMETRICS 14 TASK 6.0 DRAFT PROJECT REPORT 16 TASK 7.0 ENVIRONMENTAL SUPPORT 21 TASK 8.0 FINAL GEOMETRIC APPROVAL 22 . TASK 9.0 PROJECT REPORT 24 TASK 1 PROJECT MANAGEMENT Project Management shall be conducted to ensure a smooth flow of information between PDT members. The following project management tasks will be performed: Task 3.1 Monthly Project Delivery Team (PDT) Meetings DOKKEN ENGINEERING shall coordinate and attend 18 PDT meetings with City, County, Caltrans, environmental consultant and other representatives from resource agencies as necessary. A Meeting Notice, Agenda and Minutes shall be prepared for each meeting. Minutes shall be distributed to the CITY's Project Manager and other attendees within one week of the meeting. Task 1.2 Monthly Progress Reports DOKKEN ENGINEERING shall prepare progress reports as supporting data for invoices presented monthly to the CITY. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target Engineering Services Agreement - Scope of Services A-4 3 /5 Los Osos Valley Road US 101 Interchange dates. During periods of large activity, the project manager will put out weekly emails to the team listing actions required for the following week. Task 1.3 Project Schedule DOKKEN ENGINEERING shall, within 2 weeks of Notice to Proceed (NTP), provide a detailed project milestone schedule indicating major activities and deliverables. The milestone schedule will be updated as required. Task 1.4 Quality Control DOKKEN ENGINEERING shall have a quality control plan in effect during the entire. course of the project. DOKKEN ENGINEERING shall develop a plan establishing a process to ensure studies, exhibits, GAD's, and all deliverables are checked, corrected and back-checked for accuracy and completeness. DOKKEN ENGINEERING shall review sub-consultant report submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards. Hours for this task are spread throughout the project tasks. Task 1.5 Other Meetings DOKKEN ENGINEERING shall organize and facilitate the following project meetings: (1) Public Information Meeting (5) Individual Stakeholder Meetings- These meetings could be SLOCOG, Los Verdes, Planning Commission, Individual Resource.Agencies, etcetera. (2) City Council Meetings DOKKEN ENGINEERING shall prepare meeting agenda, exhibits, powerpoint. presentations and handouts as necessary to communicate the project information, to the public or stakeholders. Following the meeting, the minutes will be prepared within a week and distributed to the City for review. Engineering Services Agreement- Scope of Services A-5 M "K' IBIT Los Osas Valley Road US 101 Interchange Task 1.6 Permits DOKKEN ENGINEERING.shall prepare all necessary encroachment and right of entry permits necessary to perform the engineering studies included,in the scope of services. Task.1.7 cooperative Agreement A Cooperative A reement is required for all locally funded projects With construction 9 1`03 costs over $1,000,600 to cover project development and construction responsibilities.. It is anticipated that two agreements will be required., The first will 11 be for design and design oversight and the second will be for advertising, awarding and administering the construction contract. A Cooperative Agreement for advertising, awarding and administering the construction contract will be completed during the Plans, Specifications and Estimate phase of the project. The draft Cooperative Agreement will 11 be initially reviewed and approved by the City of San Luis Obispo. Once the City has reviewed the d,raft.agreet-hent, Caltrans functional units will review the document and provide comments. - Dokken Engineering will compile comments, reconcile issues and incorporate the comments into the draft agreement. Deliverables: Meeting documentation, monthly progress reports, weekly ernalls, action item lists and 6 milestone schedule. Engineering Services Agreement Scope of Services A-6 Los Osos Valley Road US 101 Interchange TASK 2 PRELIMINARY ENGINEERING STUDIES Task 2.1 Utility Impacts DOKKEN ENGINEERING shall compile utility records gathered during the preparation of the PSR and create a Utilities Base Map showing the size and location of all existing utilities. A field search will be performed to review the Utilities Base Map and search for any unreported utilities. The Utilities Base Map shall show all existing facilities including: water, storm drain, sewer, .gas, electric, telephone and cable. DOKKEN ENGINEERING shall prepare a database of utility records indicating the type of utility, owner, drawing number, and other vital information. The identified utility companies shall be sent a letter requesting confirmation of the existing utilities and notified of potential conflicts. The letter will request the utility identify if they hold prior rights or are located under a franchise agreement. The information developed shall be summarized in the Alternatives Section of the Draft Project. Report and incorporated into the Utility Information Sheets. Deliverables: Existing Utilities Base Map, Utility Contact Letters, Utility Database Task 2.2 Right of Way Base Map Dokken Engineering will update the Right of Way Base Mao established with the PSR- PDS. This map will then be used to determine approximate right of way takes for each parcel and alternative. The final Right of Way Base Map, reconciled with County Assessor Maps, Caltrans Right of Way Maps, City Subdivision Maps and Parcel Maps, Record of Survey Maps, Road, Grant Deeds and field surveys will be produced during the PS&E contract. Deliverables: Right of Way Base Map Task 2:3 Right of Way Requirements Map Using the Right of Way Base Map and the right-of-way requirements for the three "build"' alternatives, DOKKEN ENGINEERING shall prepare a right-of-way requirements map for each viable alternative. The right of way requirements map shall define all property acquisition and easement areas required for the Right of Way Data Sheets. Engineering Services Agreement = Scope of Services A-7 { EXHIBIT 66 ,E Los Osos Valley Road US 101 Interchange Task 2.4 Project Mapping (English) CANNON will prepare topographic mapping for the project corridor based on collected data and aerial mapping. CANNON will establish horizontal and vertical control based on local Caltrans first order monuments and establish a supplementary horizontal control network throughout the project area based on the California State Plane Coordinate System, NAD83, Zone 5. Third order or better vertical control shall be established for ground surveys in terms of the North American Vertical Datum of 1988. CANNON will coordinate flyover photogrammetry of the Los Osos Valley Road/US 101 Interchange project limits. They will perform all supplementary control survey work; setting at least eight (8) aerial targets and performing a static GPS control survey to establish coordinates and elevations on the targets. Upon completion of the survey control network, field crews will conduct field surveys;for the engineering design. This information shall include but not ,be limited to: the location of natural ground features; existing geometry of roads; edge of pavement; hinge points; flow lines; ditches; slopes; levees, berms; existing signing and :striping; existing right of way; adjoining property lines; existing drainage facilities, culvert inverts; existing underground and overhead utilities; structures; fences; poles; existing electrical service. points; trees and vegetation over 6" DBH; streetlights; driveway limits; existing structures in the creeks and other relevant design information. The mapping will include a 200' wide corridor along Los Osos Valley Road from the intersection with South Higuera Street to the intersection with. Auto Park. Way. The intersections will be included in the survey. Through the US-101 Interchange, the mapping corridor will broaden to include the alternative alignments. Field surveyed cross sections every 100' for the full project length of the existing Los Osos Valley Road will be taken. In addition, all areas that will be widened and conformed to the existing pavement, including cross streets and driveways, will be field surveyed. CANNON will perform cross section surveys for Froom, San Luis Obispo and Prefumo Creeks. For Froom Creek, we will provide eight cross sections at 100 ft intervals, starting at the US-101 box culvert. For San Luis Obispo Creek, we will provide 10 cross sections: one on Engineering Services Agreement -Scope of Services A-8 EXHIBIT "All Los.Osos Valley Road US 101 Interchange each side of the arch culvert, one additional cross section 50 ft on each side of the culvert and 3 additional up and downstream cross sections at 100 ft. For Prefumo Creek, we will provide cross sections at 100 ft intervals from 500 ft west of the southbound off-ramp culvert to the Highway 101.box culvert. We will provide two additional cross sections at the outlet of the east side of US-101, at 50 ft spacing. CANNON will provide a 3 dimension digital topographic ACAD map with 1 foot contour intervals and mapped ata Metric scale of 1:40. The map shall be prepared in Caltrans format. Break lines and ditch Flow lines shall be delineated on the map. Deliverables: 3-D English Topographic Mapping on CD-ROM. Rectified Aerial Photograph, % inch per pixel Field Survey Data - English Survey Control Point Data Task 2.5 Location Hydraulic Study WRECO will prepare a Location Hydraulic Study 'for Prefumo Creek, Froom Creek and San Luis Obispo Creek. The study will review overland flow that is intercepted by Prefumo Creek and evaluate thecapacities of the existing Prefumo Creek Box Culverts and the San Luis Obispo Creek Multi-Plate Triple. Barrel Arch Culvert. The study will determine the size of additional box culverts, pipes or bridge configurations necessary to increase the hydraulic capacity of Prefumo Creek underneath the US-101 mainline and southbound off ramps to meet 100-Year design requirements. WRECO will revise the Draft Location Hydraulic Study to incorporate comments from Dokken Engineering, San Luis Obispo County Zone 9 Flood Control District; the City and Caltrans. The _Hydraulic Design Report will be prepared under the PS&E contract. Deliverable- 5 Copies of Draft and Final Location Hydraulic Study Engineering Services Agreement - Scope of Services A-9 i F AIT 6i it Los Osos Valley Road US 101 Interchange TASK 3 GEOTECHNICAL STUDIES PARIKH reviewed available as-built plans, ,geologic and geotechnical literature pertaining to the project site and fault maps in the ,preparation of a preliminary report under a prior contract. During that contract, no field work was performed. All field investigations, laboratory testing and reports will be prepared as part of the PS&E phase of the project. Task 3.1 Design Memorandum . Dokken Engineering will prepare a geotechnical design memorandum to assist the roadway and structure engineers in preparing. project cost estimates and discussing structure foundations for the .Draft and final Project Reports. The memorandum will briefly discuss the following project features: Los Osos Valley Road Overcrossing: Widen or replace San Luis Obispo Creek Bridge: widen, extend, raise US-101 Prefumo Creek Triple-Barrel (Mulit-Plate Arch)Culvert: extend US-101 Prefumo Creek Bore and Jack Culvert US-101 SBND Ramp over Prefurno Creek: Boz culvert, slab bridge Westbound LOVR Retaining Walls No. 1 & 2 at Prefumo Creek Eastbound LOVR Retaining Wall No: 3 at Flag Property NBND Off Ramp Retaining Wall No. 4 Los Osos Valley Road US-101 Auxiliary Lane US-101 On/Off Ramps Engineering Services Agreement - Scope of Services A-10 HIT "A" Los Osos Valley Road US 101 Interchange TASK 4 TRAFFIC STUDIES Under prior contract, FEHR AND PEERS, collected 2005 existing count data, developed future traffic volume forecasts analyzed future (2030) conditions and prepared a Traffic Operations Report for Alternatives A (PSR-3) and B(PSR-6). The following scope of services expands the operational analysis to include a reduced Alternative B. Additionally, signal Warrant analysis, timing and phasing will be included in the updated and revised Traffic Operational Analysis Report. Task 4.1 Traffic Forecast Volumes Report Based on the data gathered during" the prior contract and regional "modeling performed by the CITY, FEHR AND PEERS shall update the Traffic Forecast Volume Report. The data contained within the Traffic Forecast Volumes Report shall form the basis for the Level of Service (LOS) analysis developed and documented in the Traffic Operations Analysis Report. The traffic forecast volumes data shall be included in the Project Report for Alternatives A, B, and the no-build. The Traffic.Forecast Volumes Report.shall contain the following: Executive Summary and Methodology used to develop future demand volumes. Average Daily Traffic (ADT) - freeway mainline, ramps and roadway segments for: Existing conditions (2005); without project (2010); without project (2030). Freeway mainline and ramps - AM/PM peak hours for: Existing conditions (2005); without project (2010); without project (2030). Intersections - AM/PM peak 'hours for: Existing conditions (2005); without project (2010); without project (2030)., An interim condition (opening Year 2010) was not.included for evaluation in the previous work scope, but it will be useful for designing the traffic staging during construction. The San Luis Obispo Citywide Traffic Model does not include an interim scenario. Thus the traffic projections for Year 2010 for the four alternatives (A, B, and the no-build) would be developed by interpolating from the base year and General Plan buildout year projections. Deliverable: 5 Copies of the Draft and Final Traffic Forecast Volumes Report Caltrans concurrence with the report Engineering Services Agreement - Scope of Services A-11 EXHIBIT "A" Los Osos Valley Road US 101 Interchange Task 4.2 Traffic Operational Analysis Report FEHR AND PEERS shall expand the Traffic Operations Analysis Report that examines predicted traffic operations in the vicinity of the interchange under the following conditions: A. Existing conditions (2005). B. Interim condition - opening year (2010) for alternatives A, B, and the no-build alternative. C. Design year — (2030) for alternatives A, B and the no build. The traffic operations analysis shall: • Analyze freeway mainline operations and LOS per HCM 2000 methods. Theanalysis shall determine free-flow speed, densities (passenger cars per mile per lane), and LOS for the freeway segments analyzed. • Analyze ramp access and egress points per the methods contained in "Chapter 25- Ramps and Ramp ]unctions" of the 2000 HCM. The analysis shall determine LOS within the ramp influence areas of the freeway. • Analyze interchange ramps using HCM 2000 delay methodology, LOS, lane configuration requirements and turn pocket storage length. • Analyze.intersections using LOS per HCM methods, including average.delay, lane configuration requirements and turn pocket storage length. • Determine the need for and limits of any necessary auxiliary lanes on US-101. • Perform Caltrans Traffic Signal Warrant analysis. • Perform signal timing/signal coordination studies. • Determine Traffic Index (TI) Values as required for ramps, CITY arterial roads and the freeway mainline. This task requires vehicle classification counts on the ramps and arterial roadways. Available classification counts will be obtained from City or Caltrans staff. New classification counts, if required, will be conducted as additional services. Engineering Services Agreement = Scope of Services A-12 3 1 r I I IT "A" Los Osos Valley Road US 101 Interchange • Analyze ramp and street intersections for LOS during construction using lane configurations, signal timing and turn pocket storage lengths available based upon conceptual stage construction drawings for the three."build" alternatives. • Collect and evaluate accident analysis data from the.C'ity and Caltrans The LOS analysis shall be performed under scenarios A-C above for the "no-build" condition; scenarios B-C for three: build alternatives. All analyses will be performed assuming there will be no construction of the Prado Road Interchange. Deliverable: 5 Copies Draft and Final Traffic Operational Analysis Report Caltrans and City concurrence with the report Task 4.3 Los Verdes Alternative Access FEHR AND PEERS will review the feasibility of constructing an alternative access point to Los Verdes. The review will identify a possible location(s), the operation characteristics and an order of magnitude cost estimate. This task includes new AM and PM turning movement counts at Los Verdes/Los Osos Valley Road. Engineering Services Agreement - Scope of Services A-13 a lb "A" Los Osos Valley Road US 101 Interchange TASK 5 GEOMETRICS DOKKEN ENGINEERING shall continue to refine the geometric configurations for Alternatives A and B as traffic data, City Council input, Caltrans feedback and recent development information continue to come available. These revised geometric layouts will establish the project study footprints for the alternatives comparison. The comparison will address the following: how well the project need and purpose are met, environmental impacts,, right-of-way requirements, utility impacts, design exceptions, retaining walls and project cost. This is a critical task, since. so much project cost will be expended on evaluating the alternatives. These large geometric design layouts (Draft GAD's) will be included in the Draft .Project Report as attachments in strip plot format. Task 5.1 Schematic Alternatives DOKKEN ENGINEERING shall revise schematic alternative exhibits for project alternatives as each is refined and optimized_. The purpose of the exhibits is to compare potential alternatives, easily recognize impacts and present the project alternatives to the public, council and meeting groups. The alternative exhibits shall be in color, with a (2005) project aerial photo attached. Alignments "shall be drawn as simple lines, but at a correct scale: Altematives determined to be feasible shall be studied further for Level of Service (LOS), right of way and environmental 'impacts During the Project Report Phase. Task 5.2 GAD Alternative A: Minimum Build (PSR=3) Beginning with the Draft GAD for Alternative A developed with the prior contract, Dokken Engineering will revise the alignment and profile making adjustments for the. new accurate topographic mapping developed in Task 2. Other changes and revisions from Caltrans and the City will be incorporated along with additional revisions that may come as the other studies are performed. Geometric design data and key project features shall be depicted. A preliminary pavement delineation plan will be developed to aid in the analysis of the two build alternatives: Lane configurations, tapers and turn pockets shall be shown. Engineering Services Agreement =.Scope of Services A-14 31� EXHIBIT "A" Los Osos Valley Road US 101 Interchange Typical Sections for freeway, ramps and arterial road improvements will be provided. Original ground, traveled way, shoulders, cut/fill slopes and existing/proposed right-of-way shall be shown. DOKKEN ENGINEERING shall develop profile and superelevation diagrams for ramp and arterial road 'improvements. Original ground, profile grade and geometric data including design speed data shall be annotated on the drawings. Tasks 5.1 GAD Alternative B:. Southbound Hook Ramps (PSR4) This task is similar to Task 5.2 for the southbound hook ramp alternative. It is anticipated that.the northbound slip-on ramp will not be part of the project at this timei but it will be considered such that it could be built as a later project. Task 5.4 Local Access Report DOKKEN ENGINEERING shall develop a local access report to clearly show existing and proposed access for alt adjacent properties. The report will include the proposed striping layout of LOVR and Calle Joaquin to show the location of medians, turn pockets and driveways. Each driveway will be clearly labeled on the access exhibit. The report will include a photograph of each driveway, an aerial view of the proposed driveway and a description of the existing and proposed access. Deliverables for 2 Alternative§ Alternative Exhibits Draft GAD's Pavement Delineation Plan Local Access Report Engineering Services Agreement - Scope of Services A-15 EXHIBIT 6699 Los Osos Valley Road US 101 Interchange TASK 6 DRAFT PROJECT REPORT DOKKEN ENGINEERING shall prepare a.Draft Project Report. The Draft Project Report shall be submitted for review and comment by the CITY and Caltrans. The purpose of the.Draft Project Report is to present a description of the problem and the project alternatives so that the environmental document can be prepared and evaluated: . The Draft Project Report is a separate document that will be signed and approved. It will recommend circulation of the Draft Environmental Document. The specific purpose of the Project Report and the revisions required for the approval of that separate report are outlined in Scope Section 9. However, many of the report sections are common to both reports. The following Project Report sections and attachments shall be prepared. Task 6.1 Draft Project Report Text DOKKEN ENGINEERING shall develop an introduction that discusses project limits, purpose, cost, program, fiscal year and Project Development Category. Build alternatives shall be summarized in the Draft Project Report and only the final Project Report shall describe the preferred alternative. DOKKEN ENGINEERING shall develop a three or four .sentence section recommending that the Draft Environmental Document (DED) be approved and publicly circulated. DOKKEN ENGINEERING shall discuss the project history, summarize the community interaction and issues from previous studies, and describe the existing interchange facility. DOKKEN ENGINEERING shall update the a 'Need and Purpose Section that provides a discussion of why the project is needed and the objectives of the project. Key issues that have an impact on the need and purpose shall be highlighted. This section shall discuss applicable program objectives such as the Regional Transportation Plan and other planning documents. Impacts on state, regional, and local planning shall be discussed. Discussions of existing and forecasted traffic data, traffic levels of service, traffic capacity, land use, and summarized safety and accident reports shall be included. Safety and accident information will.be summarized and 'discussed. The summary will include number of accidents, where and when they occurred, the type of accident and why the Engineering Services Agreement = Scope of Services A-16 Los Osos Valley Road US 101 Interchange accidents occurred. Tables shall be prepared that summarize and compare these factors for LOVR, the US-101 mainline and the on/off ramps. DOKKEN ENGINEERING shall summarize considerations relating to hazardous waste, value analysis, resource conservation, right of way 'issues, environmental issues, air quality conformity, and Title VI of the Civil Rights Act. DOKKEN ENGINEERING shall summarize considerations relating to public hearings, freeway agreements, permits, Cooperative Agreements, Transportation Management. Plan, accommodation of oversize loads and water resources. DOKKEN ENGINEERING shall summarize the project milestone schedule, through construction. DOKKEN ENGINEERING shall summarize all major reviews and dates of review. Reviewers shall include the FHWA Transportation Engineer, Caltrans Project Development Coordinator, Geometric Reviewer and Traffic Operations Liaison Engineer. A statement concerning the involvement and oversight of FHWA shall. be included. DOKKEN ENGINEERING shall develop a contact list of all project development team members and stakeholders. The contact list shall include names, addresses, and telephone numbers. Task 6.2 Alteenatives Section DOKKEN ENGINEERING shall complete a project Alternatives Section that documents both Non-feasible (rejected) Alternatives and Feasible Alternatives. The Draft Project Report shall discuss the "No-build" Alternative with up to three_ Build Alternatives. The preferred alternative shall be identified in the final Project Report. Proposed engineering features of the project shall be discussed and analyzed including utility impacts, erosion control, non-motorized and pedestrian safety, roadway widening and upgrading, structures widening or replacement-, drainage improvements, cost estimates, and right-of-way data. Conceptual geometric drawings shall be included as attachments to the Draft Project Report. Engineering reports and studies attached to the Draft Project Report shall include the following: Engineering Services Agreement = Scope of Services A-17 Los Osos Valley Road US 101 Interchange All alternatives studied shall be documented and a determination made as to their feasibility. To assist in the documentation of comparisons between alternatives, DOKKEN ENGINEERING shall create an alternatives matrix. The matrix selection criteria shall compare each of the alternatives for traffic LOS improvements, right of way acquisition requirements, environmental impacts, conformance with need and purpose, design factors including design exceptions, utility relocation impacts, maintainability and cost. Task 6.3 Utility Information Sheet. TARVIN AND ASSOCIATES shall update the utility information sheets for 3 alternatives. A description of the location, existing facility and "potential conflicts will be added or updated to the sheets along with an updated estimate of potential relocation costs for which the project is responsible. Task 6.4 Preliminary Drainage Report DOKKEN ENGINEERING shall analyze existing drainage systems for their ability to accommodate. the project design flows, including proposed improvements. Caltrans and CITY standards shall be followed for analysis and a Preliminary Drainage. Report shall be prepared summarizing findings and proposed drainage improvements. Task 6.5 Storm Water Data Report (SWDR) DOKKEN ENGINEERING shall update the SWDR prepared for the PSR-PDS to ensure that the programmed project includes sufficient right-of-way and budget for required storm water controls and identify project-specific permanent and temporary Best Management Practices (BMPs) that may be required to mitigate impacts. Drainage areas and total disturbed area shall .be defined, as shall climatic conditions, existing drainage site conditions, site permeability, soil texture, existing vegetation and groundwater. Task 6.6 Right of Way Data Sheet TARVIN AND ASSOCIATES shall compare and summarize right-of-way impacts for the three build alternatives, Impacts shall be summarized in terms of number of parcels that could Engineering Services Agreement - Scope of Services A-18 "A" Los Osos Valley Road US 101 interchange be potentially affected, impacts to property access, and a preliminary estimate of right-of-way acquisitions cost. Up to 3 Right of Way Data Sheets will be prepared for revised or new alternatives and updated for existing alternatives. Task 6.7 Engineer's Estimate DOKKEN ENGINEERING shall develop preliminary engineer's estimates for the two build alternatives. The estimates shall be in Caltrans 6-page estimate format using escalation cost factors. Task 6.8 Structures General Plans DOKKEN ENGINEERING shall complete the Structure General Plans (GP) for the project. Preparation of the GP's shall begin with review of the proposed roadway alignments and the Advance Planning Studies prepared for the PSR-PDS. A General Plan will be prepared for the Los Osos Valley Road Overcrossing and the San Luis Obispo Creek Bridge for each of the two build alternatives. Two additional General Plans will be prepared for the US-101 Southbound Ramps over Prefumo Creek and the northbound on-ramp over San. Luis Obispo Creek. A total of six General Plans will be prepared in accordance with.the Caltrans Memos to Designers on a Caltrans standard border sheet: Each General Plan shall consist of a drawing showing bridge plan, elevation, typical section, construction estimate and structure type. Task 6.9 Traffic Management Plan DOKKEN ENGINEERING shall prepare a Traffic Management Plan (TMP). The TMP .shall address development of a public awareness campaign, proper identification of detour routes and lane closures, scheduling of construction activities during off-peak hours, emergency access, development of traffic contingency plans and other factors related to traffic management during construction. Task 6.10 Conceptual Stage Construction Exhibits DOKKEN ENGINEERING shall prepare conceptual stage construction exhibits. The stage construction plans shall assist in estimation of emissions associated with the construction phase. _Engineering Services Agreement - Scope of Services A-19 3 -:5d EXHIBIT "A" Los Osos Valley Road 05101 Interchange of the proposed project. The emissions estimates shall be based on the duration and extent of construction. Deliverables: 5 Copies Draft Project Report With Attachments 15 Copies signed Draft Project Report approved by Caltrans Engineering Services Agreement - Scope of Services A-20 Los Osos Valley Road US 101 Interchange. TASK 7 ENVIRONMENTAL SUPPORT DOKKEN ENGINEERING will provide environmental support services to support the City's environmental consultant in understanding the proposed designs, to act as the City's advocate to ensure reasonable mitigation requirements, support permitting, and foster the expedient completion of the environmental documents for this project; Task 7.1 Meetings and Coordination DOkkEN ENGINEERING shall attend up to 8 environmental coordination meetings with stakeholder agencies and the City's environmental consultant. Task 7.2 Approval of APE Map DOKKEN ENGINEERING will work with the City and the environmental team to refine the Area of Potential Effects Map for Caltrans/FHWA approval. The existing map will be modified as needed to obtain approval. Task 7.3 Engineering Support DOKKEN ENGINEERING shall provide descriptions of the work to be performed as needed by the environmental consultant in the preparation of technical studies and environmental documents. Impact areas, excavations and project footprints will be quantified by preliminary estimates of fill areas, retaining walls, footing excavations. Sketches of the bridge footings, box culverts, retaining walls, engineered fill locations will be provided along with preliminary area and volume calculations to assist in comparing the viable alternatives. Task 7.4 Review of Studies and Draft Documents DOEN ENGINEERING shall review the draft technical studies KK , mitigation recommendations and environmental documents for accuracy and consistency with the project description. Mitigation measures will be reviewed for applicability to this project. Deliverables: Area of Potential Effects Map, Exhibits, Engineering Support, Document Reviews. Engineering Services Agreement = Scope of Services A-21 All Los Osos Valley Road US 101 Interchange. TASK 8 FINAL GEOMETRIC APPROVAL The following geometric approval work will be performed for the preferred alternative from the.Draft Project Report and Environmental Documents. TASK 8.1 Geometric Appraval Drawing (GAD) DOKKEN ENGINEERING shall update the Geometric Approval Drawing for the preferred alternative. Any additions or project revisions since the Draft Project Report will be incorporated. The GAD will be prepared in strip plot format and include 2030 traffic forecast volumes, typical sections; plan view layouts, profiles, superelevation diagrams, a signature. block, and a traffic volumes diagram. The GAD will be prepared in accordance with Caltrans guidelines for GAD requirements. Coordination with Caltrans will continue until the GAD receives signature approval from Caltrans in conjunction with any necessary Fact Sheets (Task 8.2). The GAD will have the following: Typical Cross Sections will be prepared for freeway lanes, ramps and arterial road improvements that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls, existing/proposed right of way and existing/recommended structural:sections. Layout will include all geometric data required to construct the project. Geometric curve data shall be organized in a data table. Horizontal alignment shall be identified and annotated with "Line" identifiers. Profile/Superelevation diagrams that include original ground, profile grade information and superelevation data will be provide for freeway, ramp and arterial road improvements. Task 8.2 Fact Sheets and DIB Checklists DOKKEN ENGINEERING shall prepare a GAD in strip plot format. The GAD submittal package shall include 2030 traffic forecast volumes, typical sections, plan view exhibits,. profiles, superelevation diagrams, a signature block, and a Traffic Volumes diagram. Engineering Services Agreement = Scope.of Services A-22 X33 EXHIBIT 6699 Los Osos Valley Road US 101 Interchange Design Exception Fact Sheets - DOKKEN ENGINEERING shall provide all documentation required to request deviations from Caltrans mandatory and advisory design standards. Design Wormation Bulletin - In conjunction with the Fact Sheets, OOKKEN ENGINEERING shall complete the Caltrans DIB 78 Checklist. Design Information Bulletin 82 Pedestrian Accessibllity Guidelines for Highway Projects - Dokken Engineering shall ensure that the design is completed in compliance with DIB 82. Truck Turning Templates - Exhibits shall be provided to verify that larger SMA vehicles properly traverse the proposed intersections. Deliverables: GAD Approval Design Exception Fact Sheets DIB 78 Checklist Engineering Services Agreement - Scope of Services A-23 3 --3 y EXHIBIT "A" Los Osos Valley Road.US 101 interchange TASK 9 PROJECT REPORT Task 9.1 Project Report Following public circulation of the Draft Environmental Document (DED), consideration of public comments and the selection of a "preferred" alternative, the Draft Project Report shall be revised to create the Project Report. All sections and attachments of the Draft Project Report shall be included in the Project Report. The recommendation section will be updated to recommend approval of the preferred alternative and that the project proceed to the design phase. A statement shall be prepared that attests that the local affected agencies have been consulted, their views considered and. that the local agencies are in agreement with the report. Deliverable: DOKKEN ENGINEERING shall complete and obtain Caltrans and FHWA approval of the Project Report. Notes: The following will be prepared with the Environmental or PS&E Contract • Environmental Technical Studies and Documents • Plans, Specifications and Estimate • Reconciled Right of Way Base Map • Plats and Legal Descriptions • Construction Permitting Engineering Services Agreement— Scope of Services A-24 TIM BOCHUM ProjectManagerCITY 1 OBISPO MATTHEW GRIGGS, PE Project Manager t Carlton, PE QAIQC ENGINEERING & RELATED SERVICES Martin Maechler;,PE 7uann Ramos,, PE Nathan Donnelry,'PE Structures Project Engineer Roadway Project Engineer -Utility Coordination Charles Tornaci, PE Valerie.Ullla Structures Designer Roadway Designer SUPPORT Phil Reimer, PLS Rob Lawrence, Sohrab Rashid, PE Cannon Assoc. Geotechnical investigations FEHR& PEERS Surveying& Mapping TrafRcAnalysis. Han-Bin Liang, PE Robert Tarvin,SR/WA, ZEAS Michelle Campbell WRECO TAR VZN&ASSOCZA TES Environmental.Coordination Hydraulic Analysis Right of Way EXHIBIT "Alp J O a CL a v W O J 0000000000000000000 000.00000000000000000000000 0 000000000,00000p0,0,000goo,o,000000000000000.0000000.0 0 IL 0 A 0000 aND N ONNON OO V O (Opm �pa � � NO �< ON W COD OOi N O.Oy N-N �Op �D 0 m N w N'N t00 W CO m W Lp a V M f� f�r t0 N N M W O Ol 1tf t0 O 1A cM O fD N O N e') t�N N d. M ,.- fes Ui co � n -4 v_ W N C M CO N m N fM u] N f�M 0 0 W t0 W Lo-N(D W 0' W W CM-.W M-W N M f��'W M to M f�W b M 0 0 Of W M 0 fA VA r to$A W f W M rN IA W V Vi to M W(A W iA!A N M M Cl)fA W !A to N N W Z �z N M(A !A W W W IA fA N W N 1A N!A fA IA fA fA 69 M fA M M N fA R CL gn d N m 0 ? 0 y 2 N U 00 0) a �+ E > w a a d z_ o E' x E o �, W u Q N 0 U) aCL t C. p ID:Y O O EJ O M U F osa .`+ °o Ct;n i �4c62 O W Z' No cwi CLE= M o�d atm Zy motamN �10cdm ao to a,to c J W Ch 0M. o � eyeE �Q.21 aSIA 0.. ~ (A00-C one U) LaV0- p pQG f Car EW LU U1- 7 O_a Ti ..... i''Wt' O CI a R COIW9A 0DU 0w W dal mZ. 0O` —W-cA 10.0 pQ0) OC p. OC EidO1J �' 6p�r DGH am Iov ew > e � a aFax._^ � 3 dCc O Z $.�.p O Ot a} fDC C iQ C0 V)a'p+.�V1w: >aW a'vl 10 `OaLU C �yZ�,IL ul I-i aC0 � H Q. FIm c Q IY.� �i CL.0 0� u �QUQAA' It IA E� � ?C'(9 A—w Cw.0l�+ga RW 0 tOi� FddyVd «� E33f=igcyiocmac« � mdzo>� �A,3 dW«im°io10°� FC OJ UA ac C.t Z'L 43 U MM�i .o. «d«f oi� vo,�g EQQa a a C EE «a gCM a'�C+ QC ya U) 0 e 2 ce o O 7= d Oa' i+ 01 Oi�pW Wy� pW'yCQQ p� ��a+ �o �0 ��±IUZ 0 aC mrZi m It G 'O a zIIL0'80.Ua7DCaaJ(70F FF-1�7 V)W(J-100:RZL W.0 Ylh UA Ic -C7aa •�]Z e a eiN fel C N t0 N ' rl N..fel.a N � ii � 'I N M � 4 N M V I ��N M Q Y1 10 I�00 Of e� ' .I N M 7 1 e4 N 1 ii W4 .i.i.i ti'i.i N N N N N M M V V V V h N h"01 h to ;0 s0%D IO IO 10 Ia%D%D%D 1%N P N N M CO 0 Ol 01 41 Y Y Y Y Y id Y Y Y' y .• 0) a Q O 9 F Z � 1a �J r—2 EXHIBITs° a$ Exhibit B CONTRACT PERFORMANCE TERMS LW V, a1.n :�'�-` 3,i .t.s.KH.tSk a� F� = 9 +. .R ^^ ^``YR -OK 1` 1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, :labor,. materials, and licenses necessary to carry out and complete the work hereunder in'compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that Consultant is required to pay. 5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 6. Safety Provisions. Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's'operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, famish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 9. Immigration Act of 1986. Consultant warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Consultant Non-Discrimination. In the performance of this work,Consultant agrees that it.will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex; national origin or ancestry, sexual orientation,or religion of such persons. 2 �n C- XH Exhibit B:Contract Performance Terms Page B-2 11. Work.Delays. Should Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God; or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 60 days from the receipt of an original invoice and acceptance by the City of the services provided by Consultant(Net 60). 13. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in .accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Consultant further covenants that, in the performance of this work, no sub-Consultant or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City.. It is hereby expressly agreed that, in the performance of the work hereunder, Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending againstsame, provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 17. Contract Assignment. Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination. If, during the term of the contract, the City determines that Consultant is not faithfully abiding by any term or condition contained herein, the City may notify Consultant in writing of such defect or failure to perform; which notice must give Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract 161T Exhibit B:Contract Performance Terms Page B3 immediately by written notice to Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities or rights under the contract. In said event, Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Consultant shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment. until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion; so as to permit a full and complete accounting of costs. In no event, however, shall Consultant be entitled to receive in excess of the compensation quoted in its proposal. 19. . Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Consultant as part of the work or services under these specifications shall become the permanent property of the City, and.shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Consultant as part of the work or services under these specifications shall be the property of City,.and shall not be made available to any individual or organization by Consultant without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Consultant is required to furnish in lirnited quantities as part of the work or services under these specifications; Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at the Contractor's direct expense. 22. Required Deliverable Products. Consultant will provide: a. Five copies of the final report that addresses all elements of the workscope. Any documents or materials provided by Consultant will be reviewed by.City staff and, where necessary, Consultant will respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound,.each page printed on only one side, including any original graphics in place and scaled to size; ready for reproduction.. C. When computers have been used to produce materials submitted to the City as a part of the workscope; Consultant must provide the corresponding computer files to the City, compatible with the following programs whenever possible: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad 3 Yo EXHIBIT " Exhibit B:Contract Performance Terms Page,B-4 Computer files must be on 31/2", high-density; write-protected diskettes, formatted for use on IBM compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to one public meeting to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 24. Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor,its agents, representatives, employees or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employers Liability Insurance. o Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Consultant shall maintain limits no less.than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit 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. • Automobile Liability: $1,000,000 per accident for bodily injury and property_ damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and . defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: EXHIBIT 66871 Exhibit B:Contract Performance Terms Pag@ B-5 • 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 Contractor; products and cornpleted operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers; official, employees, agents or volunteers.:. • For any claims related to this project-; Contractors 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 Contractor's insurance and shall not contribute with it. • 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. • Contractor'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. • 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,AVII. f. Verification of coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. L\-Council Agenda Reports\2005 Council Agenda ReportsUransportation1k)VR Interchnage\LOVR Interchange PA-ED Phase D Contract Dokken.doc