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HomeMy WebLinkAboutReso 6-1987 RESOLUTION N0.6-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILSON, IHRIG & ASSOC., INC. TO PROVIDE ACOUSTICAL, ARCHITECTURAL AND CONSTRUCTION MANAGEMENT SERVICES FOR THE AIRCRAFT NOISE INSULATION PROGRAM PHASE II, PROJECT NO. PB-83-5. BE IT RESOLVED by the City Council of the City of South San Francisco, that: The City Manager is authorized to execute on behalf of the City an Agreement entitled, "Consultant Services Agreement, Public Works, for Architectural and Construction Management services in connection with the Aircraft Noise Insulation" Project No. PB-83-5, Phase II between the City of South San Francisco and Wilson, Ihrig and Associates. A copy of the Agreement is attached as Exhibit "1". I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 28th day of January , 1987, by the following vote. AYES: Councilmembers John "Jack" Draoo. Richard A. Haffey, Gus Nicolopulos, and Roherta Cerri Teglia NOES: None ABSENT: Councilmemher Mark N. Addiegn City Clerk EXHZBZTJTO RESOLUTZON NO. 6,-" 1 City o~ ~outh San Fz&ncisco CONTRACT FOR PROFESSIONAL CONSULTING SERVICES IN CONNECTION WITH THE SOUTH SAN FRANCISCO AIRCRAFT NOISE INSULATION PROJECT -- PHASE II -- 20 January 1987 2 City of ~outh San ~ran¢ls¢o CONTRACT FOR PROFESSIONAL CONSULTING SERVICES IN CONNBCTION #IT~ TI~ AIRCRAFT NOISE INSULATION PROJECT - PHASE CITY OF SOUTH SAN FRANCISCO The following is an agreement between the CITY OF SOUTH SAN FRANCISCO, CALIFORNIA, hereinafter referred to as 'City' and WILSON, IHRIG & ASSOCIATES, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, City is performing an Aircraft Noise Insulation Project - Phase II; and WHEREAS, CONSULTANT is qualified and experienced as a CONSULTANT in matters connected therewith, and has offered services for the purposes specified in this agreement; and #HERF~S, in the judgement of the City Council of said City it is necessary and advisable to employ the services of said CONSULTANT for said purpose in connection with the proposed Aircraft Noise Insulation Project - Phase II, hereinafter referred to as the "Project". NOW, THEREFORE, in consideration of the promises hereinafter made and exchanged, the parties hereto agree as follows: 1. Employment of Consultant= City agrees to employ Consultant and Consultant agrees to perform services for City in accordance with the provisions hereinafter contained in this Agreement. Consultant shall serve as City's professional representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to City during the performance of said services. Consultant may employ the services of outside consultants and subcontractors as is deemed necessary to complete work under this Agreement, if first approved in writing by City. It is agreed that Corlett, Skaer and DeVoto Architects, Inc., is approved as a subcontractor. 2. Scope of Services: The C~nsultant shall provide basic and special services as described ~n the attached Appendix A. 3. Payment for Services: In consideration of the faithful performance of this Agreement by Consultant, City agrees to pay Consultant, on a cost plus fixed fee basis, for direct labor costs, allowable indirect costs, incidental direct expenses and appropriate profit on these costs to an amount not to exceed $87,590.13. These costs are further delineated in Appendix B. Ii 3 City of South San Francisco Costs in excess of the amounts est/mated herein, except for costs resulting from changes in overhead rates, shall not be incurred by Consultant without prior written approval by City. 4, Progress Palments~ Consultant shall submit bills to the City every month for work done in accordance with this Agreement, Bills shall be due and payable to the Consultant within thirty days from the date of City's receipt thereof. Bills shall be itemized to show direct costs, indirect costs, subcontract costs and pro-rated fixed fee. 5. Time of Performance: Consultant shall commence immediately upon receipt of a Notice to Proceed from City, and shall complete all work required herein in accordance with the following schedule: UThe CONSULTANT shall complete the following items of work within the time specified, commencing upon issuance of the Notice to Proceed by the City, except that CONSULTANT will not be held responsible for delay caused by acts of Cod or of the public enemy, acts of the City, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes not based upon unfair labor practices, or delays of Subcontractors due to such causes, provided that the CONSULTANT will notify the City Engineer in writing of the cause~of the delay within ten (10) calendar days [rom the beginninglof such delay, and the City Engineer shall ascertain the facts regarding the cause and extent of the delay and his findings thereon shall be final and conclusive:u Develop Plans and Specifications! and perform pre-construction noise measurements 170 calendar days after receipt of Notice to Proceed. Perform post-construction noise measurements within 45 days after completion of all construction. Prepare a Project Report 75 calendar days after completion of all construction. 6. Project Representation: Consultant and City hereby designate David P. #alsh and City Engineer, City of South San Francisco, respectively, as representatives who shall be totally responsible for coordinating the efforts of their respective party with regard to the performance of the work as set forth under this Agreement. Project representation may be changed upon the mutual agreement of the City and Consultant. 7. Responsibilities of City: The City shall: a. Select 50 residences to be insulated and provide overall direction to the Consultant. 4 City og ~outh San Francisco bo Assist Consultant by placing st his disposal available information pertinent to the project including previous reports and other data relative to the project; all of vh/ch Consultant may utilLze upon in Performing the services agreed upon. The City shall assist in scheduling times mutually agreeable to the CONSULTAN? and participating property owners for the purpose of conducting sound attenuation and structure evaluation studies at locations selected by the CONSUL?AN?. The City will cooperate with the CONSULTS? in securing timely access to the properties. Review progress schedules and makedetermination regarding their acceptability. e. Review and approve Consultantts payment requisitions. Perform Grant ~dministration Services for obtaining and complying with all conditions of approval contained in any 9rants, rules, regulations or guidelines pertaining to the Project. 8. Additional Work3 For any work directed by the City which is not delineated in Appendix A, the Scope Of Work will have changed and the fixed fee will be subject tO renegotiation. A supplemental agreement or amendment to thisiAgreement shall then be entered into delineating the additional work, associated provisions, and compensation for same. The supplemental agreement o£ amendment to this Agreement shall be preferably executed prior to Consultant performing said additional wo~k~ however, should this not be possible in the interest of time, City shall give Consultant written authorization for performance of services while the necessary documents are prepared. Construction Contract Administration services are agreed to be additional work. 9. Termination of Agreement: This Agreement may be terminated by the City upon ten (10) days Vritten notice· If this Agreement is terminated for ar~y reason during any phase, Consultant shall be paid for the reasonable value of services performed by him up to the time .fi such termination. Said reasonable value to be determined in the following manner: Value of direct labor will be the Consultantts payroll cost for service rendered to the date of termination. Indirect labor will be based on the appropriate contract rates and overhead factor. bo Value of subcontracts will be the cost for subcontract work incurred by Consultant to the date of termination. 5 City of South San Francisco c. Value of profit wiX1 be a percentage of the contract fee for profit based on the percent expenditure of Consultant°s total estimated directlabor at the time of termination. See paragraph 19 of this agreement for: an explanation of termination by default. Except as indicated above, Consultant iservices for the work shall terminate 90 days after final acceptance of the Project or by mutual agreement of the City and Consultant. This contract may be extended beyond that date by mutual agreement of the City and Consultant. 10. Non-Assignability= Consultant shall not assign or transfer this contract or any interest or obligation therein without the prior written consent of City, and then only upon such terms and conditions as City may set forth in writing. 11. Waiver~ In the event that eitheriCity or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. ~ 12. lnsurance~ ~he CONSULTANT shall take out and maintain during the life of this Agreement the follOwing policies of insurance= Worker's Compensation and employers' liability insurance in the statutory amount, as applicable. Public Liability lnsurance~ In an a~ount not less than FI'~E HUNDRED THOUS~ID DOLLARS ($500,000.00) for injuries including, but not limited to death to any one Person and subject to the same limit for each person, in an amount not less than ONE NILLION DOLLARS! ($1,000,000.00) on account of any one occurrence. Property Damage Insurance= In ani a~ount not less than FIVE HUND~ THOUSAND DOLLARS ($5i00,000.00) for damage to the property of each person on account of any one occurrence. Contractual Liability Insurance{ ~ Consultant shall take out and maintain during the life iof this Agreement an insurance policy in the amount o~ at least ONE MILLION DOLlaRS ($1,000,000.00), insuring City, its elective and appointive boards, co~missions, officers, agents and employees, and Consultant against damages sustained by reason of any action or actions at law or in provisions thereof, or by reason of any contractual liability, or alleged contractual liability on any contract, entered into by Consultant and/or any of its agents or employees. City of South San Francisco It is agreed that the insurance required by Subsections b, c and d shall be extended to include the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations pe~forned by the Consultant, as described herein. Evidence of this insurance deacribed above shall be provided to City Attorney aa to .form, amount and carrier. The policy of insurance ;hall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon t~l~ty (30) days written notice to City. In addition, the .~ollowing endorsement shall be made on said policy of insurance. UHotwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall ~e primary as to any other insurance or reinsurance covering or available to the City of South San Fran~.isco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted.' 13. Responsibility of the Parties= a. Consultant shall indemnify, hold harmless and, at City's request defend City, its employees, agents, officers, Boards and Commissions, whether elected or appointed, from and against all claims, demands, damages, liabilities, costs, expenses, including reasonable attorneys fees or obligations, for o~ in connection with any personal injury (including de~th) and/or property damage resulting from the negligent acts, errors or ommissions of the Consultant, inckuding Consultant's contractors, subcontractors, employees, agents or representatives in connection with Consultant's performance under this Agreement. b. City shall indemnify, hold harmless and, at Consultant's request defend Consultant, its employees, agents and officers from and against all claims, demands, damages, liabilities, costs, expenses, including reasonable attorneys fees or obligations, for or in connection with any personal injury (including death) and/or property damage resulting from the negligent acts, errors or omissions of City, its employees, officers or agents in connection with City's obligations under this agreement. In the event of concurrent negligence of City, its officers, agents and/or employees and Consultant, its officers, agents, employees, contractors or subcontractors, then the liability for any and all claims for personal injury (including death) and property 7 City of South San Francisco damage, end the cost of defending :.aaa, including attorneys fees, arising out of performance of this agreement shall be apportioned under the California theory of comparative negligence a established presently, or as may hereafter be :~dified. 14. Notices: A~i notices shall be sent by certified or addressed as follows: hereinafter :~hall be in writing and registered ma:l, postage prepaid, TO CITY: CITY RNGINEBR City of South Sa~ Francisco 400 Grand Avenue South San Francisco, California 94080 TO CONSULTANT: David P. Walsh WILSON, IHRIG & ASSOCIATES, INC. 5776 Broadway Oakland, California 94618 15. Responsibilities of Consultant: Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. be At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. Ce All products of Consultant shall become the property of the City and shall be delivered to the City not later than thirty (30) days after the termination date of this Agreement unless an earlier time Is specified for a particular product. de The Consultant shall provide necessary coordination between his Subconsultants and Government Agencies. 16. Non-Discrimination: No discrimination shall be made by Consultant in the emplolment of persons to work under this contract because of race, color, national origin, ancestry, sex, or religion of such person. 17. workers' Compensation: Consultant, by executing this contract, certifies that Consultant is aware of the provisions of Sections 3700 et seq. of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that Consultant City 'of 8outh San francisco will comply with such provisions before comtmncing the performance of the work of this contract. & certificat* of insurance for said policy shall be deposited with the City whet, the Consultant executes this Agreement. In c~se any work is sublet, Consultant shall require subcontractor similarly to provide worker's compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by ConsuLtant. Consultant indemnifies City for any damages resulting ~o City from failure of either Consultant or any subcontractor to take out or maintain such insurance. 18. Costs and Attorney's Fees~ The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action. 19. FAA Mandatory Contract Provisions: a. Violation or Breach of Contract b~ Consultant & violation or Breach of Contract by Consultant shall be grounds for the City to terminate the Contract for reason of default of the contract (see b. below). b. Termination by Default If the termination is due to the failure of the Consultant to fulfill his contract obligations, the City may take over the work ard prosecute the same to completion by contract or otherwise. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in paragraph a. of this clause. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or ~ader this contract'. The City, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to the project, for the purpose of making audits, examinations, excerpts, and transcriptions. Consultant is to maintain all required records for three years after the City makes final payment and all other pending matters are closed. WIbSON, IHR~&~SOC~TES, INC. 9 City of South San Francisco d. Title VI and Minority Business Enterprise Assurances are hereby included in the contract. (See Appendix D.) 20. Agreement Contains Ail Understanding: This document, together with the attached Appendices A through D, represents the entire and integrated Agreement between City and Consultant and supercedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the City of South San Francisco, State of California as authorized by' the City Council at its meeting held on ~f~-~8./~F~ has caused its corporate name to be affi~ h~ret~ and the Consultant has heretg set their hands and corporate name the ~ ~ day of .~Z,~~.- , 19F7 , at South San Francisco, California. (~/ ' ~ CITY OF SOUTH SAN FRANCISCO, CALIFORNIA WILSON, I~RIG & ASSDCIATES, INC. By Armin T. Wright Vice President Approved as to Form: City Attorney Attest: City 10 City of South San Pr&ncisco APPENDIX A SCOPE OF SERVICES 11 City of South San Francisco 1. PROJECT #ORE PLAN Presented below is an outline of the approach that our tea~ will take to achieve the goals of the scope~ - -of work given in the RFP and as discussed during our meetings in December 1986 and January 1987. The work plan includes initial liaison with the homeowners! preparation of plans and specifications suitable for obtaining competitive or negotiated bids from qualified contractors! assisting the City during bid submittals; and perfo~smnce of the acoustical measurements, both before and after ~odifications to determine the effectiveness of the modificatilons. Construction Contract Administration Services, if requested by the City, will be negotiated later as additional services. Introduction The overall administration of the p~oject will be handled by #ilson, Ihrig & Associates, Inc. (WlA) with assistance from Corlett, Skaer and DeVoto A~chitects, Inc. (CsDA) o An important part of our administration plan is a monthlyl, progress report summarizing the technical progress and costs~to-date. As a part of the public involvement and liaison program, WlA and CSDA, with assistance from the City, will attend a preliminary public meeting with the owners of those 50 h~mes selected by the City. At this meeting the nature of the study will be described and explained, questions and concerns raised{ by the homeowners will be answered, and questionnaires relating to the scheduling of site inspections and noise measurements will be d[istributed. WlA and CSDA will contact those homeovners who were Unable to attend the public meeting and explain the nature of the{ study. 1.2 Technical Services The technical and administrative services wei propose to provide for each of the tasks are summarized below. 1.2.1 Task 1 - Prepare Project Schedule We will work with the City to develo~ a mutually acceptable schedule for the project. This schedule will be updated as required in the ~onthly progress reports. CSDA will concentrate on the architectural elements involved in this project. ' 12 City of South San Francisco 1.2.2 Task 2 - Community Liaison and Stru0ture Selection #lA and CSDA will attend a public m'eting with the $0 homeowners selected by the City to -nswer any questions and concerns raised by the interested homeowners. During the initial meeting, we will distribute a questionnaire regarding the times w~ich are most convenient to the homeowners for inspection or for performing acoustical tests. If any of the homeowners were unable to attend the initial meeting, WIA and CSDA will directly contact those homeowners and discuss the nature o! the project and obtain all the necessary information. As a paEt of this task, we will select 8 homes that rill be used for a more detailed study to evaluate the acoustical effectiveness of the modifications. 1.2.3 ]..2.4 Task 3 - Pre-Construction Noise MealuEements a) Noise Reduction Heasurements . Recordings of interior and exter:or aiEcraft flyover noise will be made for a minimum 'of five aiEcraft at each of the 8 structures selected for detailed testing and evaluation. ' The recorded data will be analyzed in teems of EneEgy Equivalent Sound Levels (Leq) to l. provide A-weighted and 1/3 octave band noise reduction achieved by each structure. b) Repot t A report will be prepared to doc~ent the A-weighted and 1/3-octave band noise reduction tests performed on the 8 structures selected for detailed study. Task 4 - Identify Noise a) Structure Evaluation Insulation Heasures Each of the $0 structures selected for the study will be inspected to identify the major noise transmission paths. The inspection will include such items as wall constructions, roof construction,i window types, door types, and any otheE significant !sound tEansmission or leakage paths. 13 City of South San Francisco 1.2.5 b) Treatment Identification Specific noise insulation measures will be identified for each of the selected structures. #lA w/il provide information on the procedures required and CSD& will concentrate on the architectural .aspects of the including the determination of ~ajterials, construction and installation methods, and ph&sLng of construction. As part of our evaluation to determine cost-effective noise mitigation measures, we will use our customized computer program to determine the overall expected improvement in the noise reduction capabilities of various structures typical of the different building types or categories by improving tbs various weak elements of the structure. For exauple, analysis on computer can be performed to determine the degree of sound insulation improvement by changing or improving the windows only, by changing the patio or entrance doors only, or by improving doors and windows together. c) Report A brief report will be prepared listing the various weak points for each of the structures and candidate acoustical treatments which may be applied. Task 5 - Provide Preliminary Cost EStimates Cost estimates for installing the noise insulation measures will be developed for budgeting purposes and to aid in the bidding process. CSD& w;ll prepare preliminary construction cost esttm&tes for the selected structures based on the noise control ~easures identified by WIA for each of the structures. 1.2.6 Task 6 - Prepare Plan and Specifications Based on the noise mitigation measures recommended by for each structure, CSDA will prepare plans and specifications suitable for bidding~ The City will be provided with a total of 50 copies 9f the plans and specifications. 14 City of South San Francisco 1.2.7 Task 7- Assist in Bid Process CSDA will assist the City in obtaining qualified bids from contractors by answering all bidder questions and evaluating the bids. It is assumed that the City will prepare ill bid forms and announcements. #lA will assist the City in evaluating the acoustical aspects of the bids. 1.2.8 Task 8 - Post-Construction Noise Measurements The noise measurements of Task 3 vii1! be repeated. Comparing the "before" and "after" noise measurements will provide a clear indication of ithe effectiveness of the remedial noise insulation measures. In addition to the noise measurements, WIA will lnlterview the occupants of the improved residences to determine their subjective evaluation of the insulation improvement that has been achieved, These interviews will be a very important element in evaluating the true benefit of the measures. 1.2.9 Task 9 - Project Report WIA will prepare a final report inlconjunction with CSDA. The report will sununarize the noise insulation measures that w~re installed, the installation cost, the acoustzcal performance, experience!with the construction e[fort, the subjective evaluationsiof the residents, and conclusions. The City will be provided with a total of 25 copies of the Final Report. City of South San Francisco APPENDIX B BREAKDOWN OF COST AND HOURS By TASKS City of ~outh ~an ~rancisco Labor pro~ectiona for each of the tasks by labor category are presented on Table I foe services provided by #IA and in Table II for services provided by CSDA. The cost estimates for each of the tasks are sunuarized in ?able III. ~ The fee estLnates are based on the hourly rates for each category of #IA and CSDA personnel, based on the current salaries fo~ different labor categorLes, The Consultant Services Costs are suu~arize¢ in Appendix F. The direct expenses are presented in Table III Lnd also in Appendix F. The direct expenses include the costs for producing 50 copies of the Plans and Specifications and 25 copies of the Final Report. TABLK ! Task LABOR EST%NATES (HOURS) FOR #XLSOI, XHRXG & ASSOCXATES, ZtiC:. gstluated Man-Hours ~or gachLabor Category Princlpa! ConeuXtent Technician Technics% Secretary 1. Xnitlate and Prepare Pro,eot ScheduXs 2. Cosmunit¥ Liaison and Structure 8.$ g -- 30 -- 23 4 3. Pre-Construction Nolle 32 #eaourenent$ 4. Znepeot and Zdenttry NoVae %0t %40 XnsuXatlon Neasurea ~or 50 Selected Hemal 5. Provide Pre%lathery Cost 7 Estimates 6. Prepare Plans and Spa¢l£1catfons %0 24 7. Foot-Construction Noise 4 32 IleaSur~snts 6.S 8. Prepare Plea% Report 20 40 9. Assist in Bid Pre~saing $ S TOTAL HOURS BY LABOR CATBGORYs' X82.$ 3%8.5 %S iZ.S -- 35 Yotal Boers Teak 53 48.5 256 X3.5 34 48.5 iO 576 TABLB Z! .L~BOR ESTZHATKS (HOURS) FOR CORL~TT, SKAKR AND DEVOTO AIK:HXTB~FS, X~. Task ~fn~/peZ Pro~ec~ ~nagec ArQhL~eQ~ Initiate and prepare Pro~eo~ -- Schedule 2. CommunLty LiaLnofl and Structure -- 26.5 -- -- Selection 3. Pre-C:ons~ructfofl #aLoe 4, Znsp~c~ and Xdentif¥ Boise 7.S 26.5 46.5 XnsuZation Boaoures for 50 Selected Hoates S. Provide Preliminary ¢os~ -- Il 52 -- Estimates .... -- -- lO.S ~ost-Cons~ruo~ion #aloe l. Prepare ~Lna! Report 4 9. Asa/st in Bid Subm/ttale 4,0 6.5 24.S S,0 -- -- 41 0 TA~LB III Task i. Xnltiste and Prepare ProJeot Schedule 3. CommunLty Liaison and Structure Selection 3. Pre-Construction Noise #eanurnnnflts 4. Znspaot and Zdnntlfy Noise Znsuletion Nossurss for SO Selected liomms 5. Provide PrelLmlnsry Coat Estimates 7. Post-Construction Mime Nealurelmntl SOletaRY 0r COST~STXHATES .~ Estimste~ rems for Services ProvLded byt #iXson, Xhrlg s Corlett, Skeet end Asses/stem; Inc. DeVote Architects,Inc. ~ $ X,318.75 $ I,OX3.XS 3,993.45 $ 1,917.80 $ 3,300.19 $ 18,839.05 $ 4,507.00 ~-* $ 1,016.22 $ 3,023.75 $ 2,560.98 $ 26,039.?X $ 3,305.19 -~* 9. Assist in Bid Processing ~ ?03.~0 $ 3,294.S0 Subtotal - Professions1 Fanes $ 41,203.43 $ 40,674.70 $ 3.3t0.00 printing, Telephone, PreveX and Computer Charges, etc. (including X2t profit) $ 2,302.00 44,034.70 TOTAL ~I*XNAT~D COSTs 43,555.43 2O City of South San Francisco APPENDIX C STATEMENT OF CLARIFICATION OF OVERHEAD RATES 21 aPPENDIX C City of South ~&n Fr ancisco STATEMENT OF CLARIFICATION OVERHEAD I~ATES The allowable indirect costs under thl~ contract shall be obtained by applying overhead rates to direct labor costs or to other bases agreed upon by the City and the Consultant, as specified below. b. The Consultant, as soon as possible, but not later than six months after the expiration of his fiscal year, shall submit to the City a proposed final overhead =ate or rates for that period based on the Consulting Enginee:'s actual data. Determination of overhead rates for each period by the Consultant and the City shall be undertaken as promptly as practicable after receipt of the Consultant's proposal. Final determination of these overhead rates shall be based upon final audit. c. Allowability of costs shall be determined in accordance with the provisions of 41 CFR 1-15.2 and 1-15.4. The results of each determination shall be set forth in a modification to this contract, which shall specify~ (1) the agreed final rates~ (2) the bases to which the rates apply; and (3) the periods for which the rates apply. Pending establisl~aent of final overhead rates for any period, the Consultant shall be reimbursed at negotiated provisional rates as provided in the contract, subject to appropriate adjustment when the final rates for tLat period are established. To prevent substantial over- or underpayment, and to apply either retroactively or prospectively, provisional rates Ray, at the request of either party, be revised by mutual agreement. Any such revision of negotiated provisional rates provided in the con=tact shall be set forth in a modification of this contract. Principals time is charged only when directly applied to the project and then charges are based on actual salary plus the same multipliers as other employees. Ctty og South San Fr&nctsco APPBHDZX D FEDERAL ASSURANCES 23 APPENDIX D ~outh San Francisco CONTRACTOR CONTRACTUAL REQU:~TS TITLE VI ASSURANCES During the performance of this contract, t~e contractor, for itself, its assignees and successors in in=wrest (hereinafter referred to as the 'contractor') agrees as 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Tra~sportation (hereinafter, 'DOT') Title 49, Code of Federal Regulations, Part 21, as they may be a~ended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origir in the selection and retention of subcontractors, including procurements of materials and leases of equilment. The contractor shall not participate either directly or indirectly in the disc~tmination prohibited by Section 21.5 of the Regulations, lncludin~ emplo~ent practices when the contract covers a progra~ set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Inclu~ing Procurements of Materials and Equip~ent. In all solicitat:ions, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, incl~ding procurements of materials or leases of equipment, each po~ential subcontractor or supplier shall be notified by the contrac=or of the contractor's obligations under this contract and the Regulations relative to nondiscri~ination on the grounds of race, color, or national origin. 4. Information and Reports. The contrac=or shall provide all information and reports required by the Regulations or directives issued pursuant thereof and shall permit access to its books, records, accounts, other sources of tn[or:ration, and its facilities as may be determined by the. sponsor or the Federal Aviation l%dministration (F~) to be perti~ent to ascertain compliance with such Regulations, orders, and instructions. ~here any infor~ation required of a contractor is in the exclusive possession of another who fails or refuse~ to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth ~hat efforts it has made to obtain the infor~ation. 24 City* og ~outh San Francisco 5. Sanctions for Noncompliance. In the event o~ the contractor*s noncompliance with the nondisc£imination provisionm of this contract, the sponmor shall lmpome much contract manctionm am it or the F~t may determine to be appropriate, including, but not limited tom a. withholding of payments to the contractor under the contract until the contractor complies~ b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and le&ses of equipment, unless exempt by the Requlations or directaves issued pursuant thereto. The contractor shall take such action vith respect to any subcontract or procurement as the sponsor or the F~may direct as a means of enforcing such provisions includin9 sanctions for noncompliance. Provided, however, tha= in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the Uaited States to enter into such litigation to protect the interests of the United States. MINORITY BUSINESS ENTERPRISE (MBE) ASSUI~J~CRS 1. Policy. It is the policy of the Department of T~ansportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the ~BE requirements of 49 CFR Part 23 apply to this aqreement. 2. I~BE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximu~ opportunity to participate in the performance of contracts and subcontracts financed in whole or in part eith Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximu~ opportunity to compete for an~ perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. City of Sou~h 8an Francisco APPENDIX SCHEDULE City Of ~OUth San Francisco & Pro~ect Schedule is presented lndicatin9 the expected completion dates for each of the na~or tasks outlined in APl~ndix A! Scope of Services. The Pro~ect Schedule has been prepared with the assumption that a Notice to Proceed is received by 1 February ~987, X987. ' ii. N & N ,1 J & S 0 II D ? · N Xnitiate and Prepare Pro~eot ScheduXe mumm S~l·ot 8 ~oune· for DetnLled Study and Attend PubXlo Meting Nonltor Prs-Conutruotion Boles Level· 4. identify IEoi·m %nmulatio~ Measure· $. Provide Preliminary coot lstimatuu' 7. A··l·t in Bid Pro,es· $*** Observe Con·truotion, Approve Contraotor*· - ,,.;l;.' ' 't-~.;,; ;ti,,; Li ' L; i ............................ 10. Prepare Pro~eot Report : · Atte~nnee mt ~blio IMetinga · flflol drovings to be coapl~tod 60 days after approval of prsllminfry oonutruatlon estimates ~ the City · * ~rk ~rfor~ under oeperotE ~nstruotion ~ntraot City of South San F,&flcisco APPENDIX F CONSULTANT SERVICES COSTS .29 AC Appendix 3 APPENDIX 3. CONSULTANT ~BVXCI~ COSTS o Direot Salary Costa ,Title " ~ou~8 hte/Bouf Cost ($) Pl*inol~ 182.S 28.42 4,639.18 consultant 318.5 25.36 8,077.16 Technician 25 16.03 400.75 Technical 8ecze~a~ $0 15.3! 765.50 Others an appropria~e Labor and General & Admiuist~ative Overhead Peroentage ' ~A~eot Honsalar7 Expenses Transpot-~ation 2o0 Per Dieu Testing Other Data Anal¥ois " Sya~em & ~elephone 1,500 TotaX M2.oot l~onsa1M'7 Expenses 2, and3 " $ 13,882.86 $ ~.9o6. ~ 2.100.00 38.88a.?a 4,666.65 FXGURE 1. Estiuated Coot fo~ Conoultanto' Sarviees (Design Phase) 3O Append~ 3 o lq. tXe ~, h~e/Bou~ C.et Pld.2M~pal 29 ' 38. ?0 ~, :L22.30 Pro:Jec~ Manager 185. S 28.72 S, 327. ~ ~~ ~~ 349 17. ~ 5,933.~ ~~ 2S8 12.82 3,307.56 ~e~ 20 1S.8S To~al M2~ot Mart Costa Labor and General f, Ad-*n*st~attve Overboad · $ 16, IX)?. 42 M~ot Ilonselw7 l:x~enses ~or ~Ael Te. tial ~bt~tal ~i' Xtem 2OO 2,400 7O0 To~al Dlreet JJonoalar2 Exz~noes $ 3,300.00 'and 3 " $ 39,316.?0 'F',.xod l~t ~ 4,728.0o .Subooutz.aot uts (apeoi~7) To~al Co~t Ztems Il; 5, plus 6 4, 44,034.70 For iten 2, tho oonoultant should aul~Lt a stateue~t of auditable ovarhead expenses, eertifled by. the oonsultant's auditor, the sponsor's auditor, the state's auditor, or a Federal governaent auditor. FIGURE 1. Estimted Coot for Consultants' 8er-Sees (IMo~n Phase)