HomeMy WebLinkAbout03. CIP 14-07 Approve PSA w-Biggs Cardosa Assoc-Florence Bridge Scoping StudyENGINEERING SERVICES RELATED TO THE FLORENCE ATENTE BRIDGE OTER TME SAR
GABRIEL RIVER SCOPING STUDIES PROJECT
FEBRUARY 25, 2020
Transportation (Caltrans) requirements. The scoping studies included planning studies
proposed alternatives for rehabilitation versus replacement of the subject bridge.
In December 2016, a draft version of the scoping studies was submitted to Caltrans Local
Assistance. Considering long-term costs, bridge replacement was the recommended alternative
as a result of the scoping studies with significantly lower costs than the bridge
rehabilitation/widening alternative. Caltrans reviewed the scoping studies and concluded that a
bridge rehabilitation/widening alternative appeared to be a reasonable structure alternative. BCA
subsequently revised the scoping studies by deleting the replacement/widening alternative and
conducting a life -cycle cost analysis on the bridge rehabation/widening alternative only.
Caltrans reviewed the revised scoping studies and returned comments indicating that they did
not wish to rule out the replacement of the bridge entirely and requested that a cast -in -place
prestressed (CIP/PS) concrete box girder bridge alternative also be evaluated.
The execution of the attached professional services agreement will allow BCA to continue
performing additional services related to addressing Caltrans Local Assistance comments on the
scoping studies and evaluate the additional CIP/PS concrete box girder bridge alternative.
1 . Evaluate bridge deck rehabation options for the rehabation/widening alternative.
2. Evaluate seismic retrofit options for the rehabation/widening alternative.
3. Develop a new replacement alternative (to the level of detail of the previous replacemenl
alternative) that considers a CIP/PS concrete box girder bridge.
4 i. Incorporate the information into a revised scoping studies report.
FISCAL IMPACT
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River Rehabilitation scoping studies is $19,477 based on a fee proposal submitted by BCA.
Sufficient funds have been budgeted in the FY 2019-20 approved CIP to support this activity
under account nos. 56-1-6710 and 30-1-6710. The funding sources are Measure R Local Return
and Gas Tax, respectively.
Attachments
• Attachment A- Project Location Map
• Attachment 13- Professional Services Agreement
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PROJECT:CAPITAL IMPROVEMENT PROJECT NO. 14-07
FLORENCE
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n K■IY r E RIVER ■r ■ D REPLACEMENT
P, PROJECT
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CITY OF DUITilET
PROFESSIONAL SERVICES AGREEMENT
WITH BIGGS CARDOSA ASSOCIATES, INC.
FOR SCOPING STUDY REVIEW RELATED TO THE FLORENCE AVENUE BRIDGE
PROJECT
1. PARTIES AND DATE.
This Agreement is made and entered into this 25 th day of February, 2020 by and
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241
2nd Biggs Cardlosa Associates, Inc., a California corporation, with its principal place of
business at 500 South Main Street, Suite 400, Orange, CA 92868 ("Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
Consultant desires to perform and assume responsibility for the provision of certain
professional structural engineering services required by City on the terms and conditions set
forth in this Agreement. Consultant represents that it has demonstrated competence and
experience in providing structural engineering services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
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3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional structural engineering services
necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
�;11-0411411104
3.2.1 Control and Pavment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend,
hold harmless CITY for the payment of any employee and/or employer contributions for
CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
Schedule of Services. Consultant shall perform the Services
expeously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Consultant's
performance of the Services.
Conformance to Applicable Requirements, All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of &ev Personnel. Consultant has represented to City that —
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel • at least equal competence upon written approval •i City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the • at the request • the City.
3.2.5 Citv's Representative. The City hereby designates Delfino Consunji,
P.E., Director of Public Works/City Engineer, or his designee, to act as its representative
for the performance of this Agreement ("City's Representative"). City's Representative shall
have the power to act on behalf of the City for all purposes under this Contract. Consultant
shall not accept direction or orders from any person other than the City's Representative or
his designee.
3.2.6 Consultant's Representative. Consultant hereby designates Eric
Phelfer, P.E., • Manager, or his designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to _•r and act •n behalf • the Consultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the
Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of
the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
ctaff in the performance of Services and shall be available to City's staff, consultants and
• staff at all reasonable times.
Standard • Care: Performance of Emplovees. • shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its • cost and expense and • reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
ratandard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Reaulations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state • `•:` laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability • out • any failure •' alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addon, • shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Reqgirements. Consultant shall, at its expens
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGQ: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired)
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and 9 (non -owned)- and (3 1
required by the Staie of California with Statutory Limits-, and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits • less than: (1) Commercial General Liability (CGQ: No less than $2,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form wit
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per
accident for bodily injury and property damage- and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor 6ode of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the Ci,
if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or • limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City.
3.2.10.3 Professional Liabilitv (Errors & Omissions), Consultant
shall procure and maintain, and require its sub -consultants to procure and maintain, for a
period of five (5) years following completion • the Services • the Project, errors and
omissions .• insurance appropriate to its profession. Such insurance shall • in an
• not less than $2,000,000 • occurrence • claim and $2,000,000 in the aggregate,
and shall be endorsed to include contractual liability. If the Consultant maintains broader
coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City
requires and shall be entitled to the broader coverage and/or higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
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(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that- (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work,
Services, • • operations; and (2) the insurance coverage shall be • insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if
later revisions are used).
(B) VTaiver of Subroqation, Consultant hereby grants to City -a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Coveracies. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
the City; and (B) 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 directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers sh
be excess of the Consultant's insurance and shall not be called upon to contribute with it in
any way. I
3.2.10.6 Ser)aration of Insuredl-lo SiDecial Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance Retentions. Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptabilitv of Insurers.. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "A" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Nineteen Thousand Four Hundred Seventy Seven Dollars
and 00/100 ($19,477.00) without written approval of the City. Extra Work may be authorized,
as described below, and if authorized, said Extra Work will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 moment
yment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
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3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any wo
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager. I
3.3.5 Prevailinq Wages. Pursuant to Downey Municipal Code Section 2935, the
requirements of California Labor Code Sections 1720 et seg. and 1770 et seg., as well as
California Code of Regulations, Title 8, Section 16000 et seg. ("Prevailing Wage Laws"),
which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects, shall apply to the Project.
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per them wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per them wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the Project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevang Wage Laws. If applicable, Consultant shall be
registered at all times with the Department of Industrial Relations under the Public Works
Contractor Registration Program for Labor Compliance.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 ' Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
1 0
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UY1*01-T• - 1
Orange, CA 92868
Phone: (949) 287-8787
Fax: (714) 550-7294
Attn: Michael Thomas, Principal
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone- (562) 904-7102
Fax: (562) 904-7296
Attn: Delfino R. Consunji, P. E., Director of Public Works/City Engineer
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenu-
D. - alifornia 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
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3.5.3.1 Documents & Data: Licensinq of Intellectual ProppEty. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
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3.5.3.2 ConfidentiaQy. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used • • for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person • entity not connected with the performance of the Services • the
• Nothing furnished to • which is • known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
C000eration: Further Acts. The • shall fully cooperate with •
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate • convenient to attain the purposes • this Agreement.
3.5.5 Attornev's Fees. In the event of any litigation, whether in a court of la
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement
the services provided under this Agreement, the prevailing party shall be entitled to recove
from the non -prevailing party all reasonable costs incurred, including staff time, court cost
attorneys'fees and all • related expenses in such litigation. i
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (with
counsel acceptable toindemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged negligent
acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors • out of or in connection with the performance •
the Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys'fees and other related costs and expenses.
• shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award • decree that may • rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, and agents or volunteers.
Consultant shall not be obligated to defend, indemnify or hold the City harmless in any
manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional"
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and
2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City),
indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of Consultant's
performance of any task or service for or on behalf of City under this Agreement. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
employees or volunteers shall not apply to the extent that such Claims are caused in part by
the sole active negligence or willful misconduct of City or such City officers, officials,
employees, volunteers and agents. Consultant's cost to defend City and/or City's officers,
officials, employees or volunteers against any such Claim shall not exceed Consultant's
proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code
section 2782.8(a), in the event that one or more defendants is unable to pay its share of
defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the
extent Consultant has a duty to indemnify City or any City officers, officials, employees,
volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire A ' areement. This Agreement contains the entire Agreement of the
A;arties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing_Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
12
3.5. 10 Cit 's Riqht to Employ Other Consultants. City reserves right to emplc%
it�—Itv -1
other consultants in connection with this Project.
3.5.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 • or Transfer. Neither party shall assign, hypothecate, •
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Constructiw References ' ; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
91--mellas I I 1[�! am M III-gs MINILY a, gill I[-!1F1114W1
r-1001MI OrQ&t-U H17-X*J Kell orz] a 0 1 . 1 0 1 W10911MVIONLYWRTIZIM - a
privilege, or service voluntarily given or performed by a Party shall give the other Party a
•: rights • custom, estoppel, or •
3.5.16 No Third Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assu m ed by the Parties.
3.5.17 • Severabilitv. If any portion • this Agreement is declared
.nvalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remainin�t
ilrovisions shall continue in full force • effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
• for Consultant, to solicit • secure this Agreement. Further, Consultant warrants that it
has not paid is has it agreed to pay any company •:: person, • than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
13
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5-19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-d iscri m i nation shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification.. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Aqreement, Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of th
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control. i
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
14
CITY OF DOWNEY,
�-C%10--dftcr
2nd charter city
M
IUNTMI 1 M. iT4*TsX ivi FATsM
Maria Alicia Duarte, CIVIC
City Clerk
City Attorney
01 19. 123859
Biggs Cara Associates, Inc.,
a California Corporation
By:
Michael Thomas, Principal
15
City of Downey I Public Works Department
11111 Brookshire Avenue
Downey, CA 90241
Attention: Edwin Norris I Deputy Director of Public Works
Subject: Scoping Studies for the Florence Avenue Bridge over the San Gabriel River
Bridge No. 53CO080, Federal Project No. BHLS-5334(045)
Extra Services Request: Scoping Study Revisions
Biggs Cardosa Associates, Inc. is submitting this Extra Work request to perform additional services
related to addressing Caltrans Local Assistance comments on the Scoping Studies for the subject
project.
A draft version of the Scoping Studies, dated December 15, 2016, was submitted to Caltrans Local
Assistance. Considering long-term costs, bridge replacement was the recommended alternative
with Caltrans was held on January 30, 2017 and primarily focused on discussing the Life Cycle Cost
Analyses. Subsequently, a revised version of the Scoping Studies, dated March 30, 2017, was
submitted to Caltrans. This revised version also recommended bridge replacement as the most
cost-effective long-term solution. Caltrans provided comments on July 5, 2017, with Caltrans
Structures Local Assistance (SLA) concurring that "the rehabilitation/widening alternative appears
to be a reasonable structure alternative," despite the results of the Life Cycle Cost Analyses
indicating a preference for replacement over rehabilitation. Nevertheless, the City was prepared to
program this as a rehabilitation/widening project and submitted a request for cost change on
December 13, 2017.
The July 5, 2017 Caltrans comments also included some other comments that, based on Biggs
Carclosa's and the City's reviews and discussions, did not appear to require revisions to the Scoping
Studies. Accordingly, Biggs Cardosa sent a letter to Caltrans to that effect on March 19, 2019. In
response, on June 27, 2019, supplemental comments from Caltrans SLA and Caltrans Division of
Local Assistance (DLA) were received. The comments are briefly summarized below:
SLA requests additional evaluation of deck rehabilitation and seismic retrofit strategies
they may inicrease the e-stimate;O—ricst-,
SLA is requesting that a seismic analysis of the existing bridge be performed in accorclan
with Caltrans. Memo to Designers (MTD) 20-12. 0
Scoping Studies |Florence Avenue over San Gabriel River
Extra Services Request: Scoping Study Revisions
2. SLA requested consideration of an additional bridge replacement type: A cast -in -place,
prestressed KZP/PS>concrete box girder bridge. The goal istodetermine if this bridge type
would provide a more cost-effective bridge replacement scope.
3. The comments also note that Cahnans intent is to "include the project coststhadcan be
estimated reasonably and due to the complexity ofseismic costs for bridge rehabilitation
scope, additional seismic analysis that establishes the existing bridge vulnerabilities is
required for this portion to justify the associated bridge retrofit measures that are included
within the comprehensive bridge rehabilitation costs dmve|oped.^
4` Caltrans comments note that "once bridge rehabilitation and replacement costs have been
re-evaluated and updated (and the Life Cycle Cost Analysis isperformed, ifneeded),the City
should recommend the most prudent scope ofwork for this project."
Biggs Cardosa can expeditiously develop the [Q»/PS alternative and consider deck rehabilitation
strategies, but the seismic retrofit strategy requested by Caltrans requires additional consideration.
A seismic analysis would be a substantial undertaking in order tofully identify the vulnerabilities
and tofully identify the seismic retrofit measures required for this bridge. This work would generally
include an Acceleration Response Spectrum analysis to determine the seismic demands; pushover
analyses to determine the displacement capacities, and calculations for not just displacement
ductility analyses, but also for brittle failure (shear and joint shear).VVeare not providing a scope
and fee for that effort at this time, but would anticipate a design fee on the order of$I50,O00 to
$250,000.VVe do not recommend that the City carry out this effort atthis time.
Alternatively, we could continue our study of the as -built drawings of the bridge for likely
vulnerabilities. Then, based simply on the type of detailing used for the existing bridge, and relying
on our extensive bridge seismic retrofit experience, we could identify (using relatively conservative
assumptions) what are likely retrofit measures that may be needed forthat type of existing detailing.
This retrofit strategy would obviously have to be confirmed during final design, but we think that
this simplified method gets us close enough to calculate the cost of the retrofit reliably enough to
be used for planning purpose. If rehabilitation were to bethe alternative advanced into the PS8!E
phase, a complete seismic analysis of the widened structure can be performed at that time.
The scope on the following pages includes the additional effort necessary to:
l. Evaluate deck rehabilitation options for the rehabilitation/widening alternative.
2. Evaluate seismic retrofit options for the rehabilitation/widening alternative.
Develop a new replacement alternative 8o the level of detail of the previous replacement
alternative) that considers a CIP/PS concrete box girder bridge.
4. Incorporate the information into e revised Scoping Studies report.
2
We will investigate deck rehabilitation strategies that extend the service life of the existing bridge
at least 50 years or more, consistent with the recommendations given by Caknans SLA. This may
include astructural overlay and/or amodified deck.
Evaluation ofupbotwo (2) deck rehabilitation strategies are included in this scope One
deck rehabilitation alternative will be advanced forthetext and cost estimate inthe Scoping
Studies. Alternatives are expected to include I) adding a polyester concrete overlay or3)
replacing the existing deck.
Deliverables:
Deck Rehabilitation Strategy and Cost Estimate [to be included inthe updated Sco ing
L2 Seismic Retrofit Stratggy
We will review as -built drawings to determine likely seismic vulnerabilities for the existing bridge.
Based on our relevant seismic retrofit projects, we will identify likely retrofit measures and their
itudies developed in 2013.
Calculations according to Ca8trans Seismic Design Criteria and MTO20-I2are not included
in this scope.
Deliverables:
involves preliminary design efforts required to determine the structure depth, girder spacing,
overhang dimensions, etc.
The new alternative will be coordinated with the previously developed roadway, right-of-way, and
utility exhibits.
M Preparation and submission of structural calculations is not included in this scope.
ScooingStudies | Florence Avenue over San Gabriel River
Extra Services Request: Scoping Study Revisions
Deliverables
Biggs Cardosa will update the Scoping Studies to incorporate the rehabilitation and replacemeni
alternatives described above. The following tasks are anticipated:
A discussion on the seismic evaluation and retrofit strategy will be included in the body of
the report. The cost estimate will be updated to include the anticipated retrofit costs.
Is Deck rehabilitation will be discussed in the body of the report, and associated costs will bc
included in the cost estimate.
The CIP/PS box girder alternative will be added to the report. Since this is not a type
selection document, advantages and disadvantages of this type of structure will not bc
described in great detail. The appendices (i.e. preliminary drawings and cost estimates) will
be updated to include this new alternative.
We will review Caltrans DLA recommendations for the roadway cross section. Updates will
be incorporated into the Basis of Design appendix.
o Appendix A: Preliminaty Bridge Documents: Anew General Plan will be prepared for
the CIP/PS box girder alternative. The only updates to the other General Plans will
be to revise the cost estimate.
o Appendix B: Preliminary Roadway Documents: Minor modifications to the roadway
cross-section portion will be made to the Basis of Design document. This scope
assumes that all other provisions in the Basis of Design document will not require
updates. This scope assumes that the preliminary Roadway Plans, Right -of -Way
Impacts, and Utility Base Map exhibits will not require updates.
o Appendix C: Cost Estimates and Life Cycle Cost Analysis: Updates will be made to the
rehabilitation and precast girder replacement alternatives based on the latest
available cost data. A new cost estimate will be developed for the CIP/PS
replacement alternative. Revisions to the Life Cycle Cost Analysis are not included in
this scope. We anticipate that, as Caltrans noted, updated bridge rehabilitation costs
may be greater than the updated benchmark bridge replacement cost, eliminating
the need for a revised Life Cycle Cost Analysis.
The other appendices will remain as shown in the March 30 2017 version of the Sco ing
4
Deliverables:
LM
We propose to provide the services outlined in this proposal on adnle and materials basis with o
not -to -exceed amount of $19,477. A detailed breakdown of our fee proposal is attached.
We look forward to continuing to work with you on this project. Should you have any questions,
please do not hesitate to call.
Sincerely,
Eric Pheifer,PE
a Fee Proposal (Exhibit 10-1-11)
Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed 0Prime Consultant
Consultant: Biggs Cardosa Associates, Inc.
Project No. BHLS-5334(045) Contract No
DIRECT LABOR
Classificationt I We Name
lPrincipal-in-Charge Michael Thomas*
I Project Manager Eric Pheifer'
(Engineering manager
Senior Enginer
Project Engineer
Staff Engineer
Assistant Engineer
Senior Computer Drafter
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
d) Fringe Benefits (Rate: 24.10%
f) Overhead& G&A (Rate: 148.22%
h) General& Admin (Rate:
EXHIBIT 10-1-11
Cost Proposal
1:1 Subconsultant 02nd Tier Subconsultarr
Date 1013012019
Actual
Hours
Total
Hourly Rate
2
$ 111.07
$
222.14
8
$ 75.00 $
600.00
8
$ 73.30 $
586.40
4
$ 63.89 $
255.56
20
$ 55.23 $
1,104.60
24
$ 47.32 $
1,135.68
24
$ 41.50 $
996.00
16
$ 49.56 , $
792.96
$ 5,693.34
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 5,693.34
e) Total Fringe Benefits [(c) x (d)] $ 1,372.09
g) Overhead [(c) x (1)] $ 8,438.67
I) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 9,810.76
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 1,550.41
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Unit Unit Cost I Total
$
$
$
1) TOTAL OTHER DIRECT COSTS $
m) SU BCONSU LTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: BKF Engineers
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Subconsultant 6:
Subconsultant 7:
Subconsultant 8:
$2,422.13
m) TOTAL SU BCONSULTANTS' COSTS $2,422.13
in) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (ni $ 2,422A3
TOTAL COST [(c) + (j) + (k) + (n)] $ 19,476.64
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks
All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual
accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Project No. BHLS-5334(045) Contract No. Date 10/3012019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$ 5,693.34 106 $ 53.71 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$
53.71 +
5%
$
56.40 Year 2 Avg Hourly Rate
Year 2
$
56.40 +
5%
$
59,22 Year 3 Avg Hourly Rate
Year 3
$
59.22 +
5%
$
62.18 Year 4 Avg Hourly Rate
Year 4
$
62.18 +
5%
$
65.29 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Year 1
100.00%
106.0
= 106.0
Estimated Hours Year I
Year 2
0.00%
106.0
= 0.0
Estimated Hours Year 2
Year 3
0.00%
106.0
= 0.0
Estimated Hours Year 3
Year 4
0.00%
106.0
= 0.0
Estimated Hours Year 4
Year 5
0.00%
106.0
= 0.0
Estimated Hours Year 5
Total
100%
Total
= 106.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$
53.71 106
= $
5,693.34 Estimated Hours Year 1
Year 2
$
56.40 0
= $
- Estimated Hours Year 2
Year 3
$
59.22 0
$
Estimated Hours Year 3
Year 4
$
62.18 0
$
Estimated Hours Year 4
Year 5
$
- 0
$
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
$
5,693.34
Direct Labor Subtotal before Escalation
$
5,693.34
Estimated total of Direct Labor Salary Increase
$
- Transfer to Pagel
NOTES:
1 This is not the only way to estimate salary increases Other methods will be accepted if they clearly indicate the % increase, the It of years of the contract, and a breakdown of the
labor to be performed each year,
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i e, $250,000 x 2% x 5 yrs = $25,000 is not an acceptable
methodology)
3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted
4 Calculations for anticipated salary escalation must be provided
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract
are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and
Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files
and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements
are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
ERTIMM
Name: Michael Thomas, S.E.
Signature:
Address: 500 S. Main Street, Ste 400, Orange, CA 92868
Title *: PrincipaiNice-President
Date of Certification: 10/3012019
949-287-8787
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a
Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the
contract.
List services the consultant is providing under the proposed contract:
'PRIME CONSULTANT: Project Management, Structural Design I
Florence Avqn—ye over San Gabriel River
Bjqg� Qardosa Associat s Inc.
. . . . .................
Michael
Thomas* Eric Pheifer*
Senior
Principal -in- Project Engineering
Senior
Project
Assistant Computer Total
Budget
Task
1
Charge Manager Manager
4
Enginer
Engineer
Staff Engineer
Engineer Drafter Hours
Per Task
Task 1.1 Rehabilitation Alternative Analysis - Deck Rehabilgtabon
11
so"
4
51
$886
Task 1.2 Rehabilitation Alternative Analysis - Seismic Retrofit Strategy
I 2
I
4
16
2311
$3,816
Task 2 Replacement Alternative Analysis
1
1
8
9
$1,359
Task 3 Revisions to Scoping Studies
1 4 ] 8
16
24 16 69
$10,994
Subtotal Hours
Direct Rate I Actual Hourly Rate
Indirect Rate
Profit
Salary, Increases
Fully Burdened Hourly Rate
SubtoW Budget
21
$111.07
172.32%
10%
0.00%®
$332.71
$6651
8
$75.00
172.32%
10%
0.00%
$224.66
$V97
a
$73.301
172.32%
10%
0.00%
$219.57
$1,7571
"0
4
$63.89
172.32%
10%
0.00%®
$191.39
$766
WM2 "M
0
$55.231
$55
172.32%1
10%1
0.00%
$165.44
$3,309
'24�
--
$47.32
172.32%1
10%1
0.00%1
P41.751
s3,402L
241
1 0�
�541.50 ' 1
i 72.32%1
1
0.00%0%1
—$124.3i'l
$2,9&41
1 6'
$49�.56
172.32%r
10%
0.00%
$148.46
$2,3*
106
�6�
$(
Ii V
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.
The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant Subconsultani 2nd Tier Subconsultan,
Consultant: BKF Engineers
Project No. BHLS-5334(045) Contract No.
DIRECT LABOR
Date 1013012019
Classification/Title Name
Hours Actual
Total
Houriv Rate
Civil Project Lead C. Rideout*
2 $ 90.67
$ 181.34
Roadway Manager S. Amparo*
4 $ 64.50
$ 258.00
Engineer III/ Survey 111
2 $ 50.50
$ 101.00
Engineer III Survey 11
2 $ 44.00
$ 88.00
Engineer I/ Survey 1
4 $ 37.00
$ 148.00
$
$
$
LABOR COSTS
a) Subtotal Direct Labor Costs
$ 776.34
b) Anticipated Salary Increases (see page 2 for calculation)
$ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $
INDIRECT COSTS
d) Fringe Benefits (Rate:
e) Total Fringe Benefits [(c) x (d)]
$ -
f) Overhead& G&A (Rate: 183.63%
g) Overhead [(c) x (0]
$ 1,425.59
h) General& Admin (Rate:
i) Gen & Admin [(c) x (h)]
$ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $
FIXED FEE
k) TOTAL FIXED FEE [(c) + 0)] x fixed fee:
10% $
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item
Quantity
Unit
Unit Cost
$
$
$
$
$
$
1) TOTAL OTHER DIRECT COSTS $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
776.34
1,425.59
220.19
i5m]
m) TOTAL SUBCONSULTANTS'COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $
TOTAL COST [(c) + 0) + (k) + (n)] $ 2,422.13
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks
All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual
accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Consultant BKF Engineers
Project No. Contract No. Date 10130/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$ 776.34 14 = $ 55.45 Year 1 Avg Hourly Rate
I - ' 1' 1 E=,M
Avg Hourly Rate
Proposed Escalation
Year 1
$
55.45 +
3%
$
57.12 Year 2 Avg Hourly Rate
Year 2
$
57.12 +
3%
$
58.83 Year 3 Avg Hourly Rate
Year 3
$
58.83 +
3%
$
60.59 Year 4 Avg Hourly Rate
Year 4
$
60.59 +
3%
= $
62.41 Year 5 Avg Hourly Rate
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Year 1
100.00%
14.0
14.0
Estimated Hours Year 1
Year 2
0.00%
14.0
= 0.0
Estimated Hours Year 2
Year 3
0.00%
14.0
= 0.0
Estimated Hours Year 3
Year 4
Mo%
14.0
0.0
Estimated Hours Year 4
Year 5
0.00%
14.0
0.0
Estimated Hours Year 5
Total
100%
Total
14,0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$
55.45 14
= $
776,34 Estimated Hours Year I
Year 2
$
57.12 0
= $
- Estimated Hours Year 2
Year 3
$
58.83 0
= $
Estimated Hours Year 3
Year 4
$
60.59 0
= $
Estimated Hours Year 4
Year 5
$
62.41 0
= $
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $
776.34
Direct Labor Subtotal before Escalation
= $
776.34
Estimated total of Direct Labor Salary Increase
=$
- Transfer to Page I
NOTES:
1, This is not the only way to estimate salary increases. Other methods will be accepted if they dearly indicate the % increase, the # of years of the contract, and a breakdown of the
labor to be performed each year,
2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable
methodology).
3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided,
W309• [.��
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract
are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and
Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files
and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements
are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifyjqq,
Name: Chris Rideout, P.E.
Signature:
Email:
Address: 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660
Title *: PrincipaiNice President
Date of Certification: 10/30/2019
949-526-9462
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a
Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the
contract.
List services the consultant is providing under the proposed contract:
Civil Engineering Services: Civil/Roadway, Utilities, Right -of -Way
F771
r1orence Avenue over San Gabriel River
.. ... ............ . ......... .....
BKF Engineers
C. Rideour
S. Amparo'
Givil Project
Roadway
[Engineer 1111
Engineer iii
engineer
Total
Budget
Task Lead
Manager
Survey Ill
Survey 11
Survey I
Hours
Per Task
Task 2
Replacement
Replacement Alternative Analyses 1
2
5
$960
'Task 3
=Revi'sions to Scoping Studies 1
2
2
21
;$50.50
4
9
S1.462
Subtotal Hours 2
4
2
2
4
14
Direct Rate I Actual$90.67
$64.50
$44.00
$37.00
Indirect RaQ, 183.63"1
183.63%
18-3.1l
183.63i%
183.63%
P ro f i t110010
10%
10%1
./l
10010
100
Salary Increases 0.00%
;0.00%
0%
0.00%1
0.00%
�
0.00%
Fully Burdened Hourly Rate $282.88
$201.24
�
$157.561
�O
$137.28
$115.44
Subtotal budget $566
$805
$315f—
$275 ,
$462
.. ..... . .. . . . . . ....... 11 1 1
TOTALS'A
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.
The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work,