5000314 super loop transit project · soqs due: 4 p.m. monday, february 28, 2005 401 b street,...

SOQs DUE:

4 P.M.

Monday, February 28, 2005

401 B Street, Suite 800 • San Diego, CA 92101-4231 • (619) 699-1900

Request For Qualifications For

SUPER LOOP TRANSIT PROJECT #5000314

RFQ #5000314 February 28, 2005

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TABLE OF CONTENTS

I. RFQ SUMMARY .............................................................................................................................. 5 II. GENERAL INFORMATION............................................................................................................... 5

A. Service Requested ................................................................................................................. 5

B. Contract Amount/Duration.................................................................................................. 6

C. Payment Method .................................................................................................................. 6

D. DBE Goal................................................................................................................................ 6

E. Submission of SOQ................................................................................................................ 7

F. Questions Concerning Request for Qualifications ............................................................. 7

G. Pre-SOQ Meeting .................................................................................................................. 8 III. STATEMENT OF WORK .................................................................................................................. 8 IV. CONSULTANT SELECTION AND COST NEGOTIATIONS PROCESS................................................. 8

A. Short List................................................................................................................................ 8

B. Cost Proposal/Interview........................................................................................................ 9

C. Cost Negotiations ................................................................................................................. 9

D. State General Prevailing Wage Rates.................................................................................. 9

E. Federal General Prevailing Wage Rates .............................................................................. 9 V. REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS ........................................................... 10

A. Section 1 – Introduction ..................................................................................................... 10

B. Section 2 – Organization Chart.......................................................................................... 10

C. Section 3 – Resumes (SF330 – Part I, Sections A through E)............................................. 11

D. Section 4 – Additional Information (SF330 – Part I, Sections F through H, and Part II) . 11

E. Section 5 – Non-Discrimination Plan ................................................................................. 12

F. Section 6 – Exceptions to RFQ or Standard Agreement Language ................................. 13 VI. RFQ TERMS AND CONDITIONS (MISCELLANEOUS) .................................................................... 13

A. Consultant Modification or Withdrawal of Submittals ................................................... 13

B. Amendments to Request for Qualifications ..................................................................... 13

C. Non-Commitment of SANDAG .......................................................................................... 13

D. Property Rights ................................................................................................................... 13

E. Confidentiality .................................................................................................................... 14

F. Conflict of Interest Concerning Consultants..................................................................... 14

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VI. RFQ TERMS AND CONDITIONS (MISCELLANEOUS) (CONT’D) ................................................... 14

G. Non-Discrimination............................................................................................................. 14

H. Business in “Good Standing”............................................................................................. 14

I. Drug-Free Work Place......................................................................................................... 15

J. Pre-award Audit.................................................................................................................. 15

K. Insurance Requirements..................................................................................................... 16

L. Additional Information ...................................................................................................... 16

M. Request for Additional Copies/Forms................................................................................ 16

N. Protests ................................................................................................................................ 16

O. Tentative RFQ Schedule...................................................................................................... 18 Attachments

A. Standard Agreement for Services...................................................................................... 19 Exhibits

A. Scope of Work..................................................................................................................... 44

B. Payment and Activity Schedule ......................................................................................... 53

C. Certificates of Insurance and Additional Insured Endorsements .................................... 54

D. Certifications on Lobbying................................................................................................. 55

E. Certification Regarding Department, Suspension, and Other Responsibility Matters ................................................................. 57

F. Super Loop Transit Project – Map of the Proposed Routing ........................................... 59

G. Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tiers Subcontractors ................................................................................................... 60

H. Mid-Coast Transit First Study Action Plan – Early Action Project .................................... 61

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CONSULTANT/CONTRACTOR INFORMATION FORM

Name of Company:

Address:

Legal Status (i.e., Sole Proprietorship, Partnership, Corporation):

Federal Tax I.D. Number: Consultant Authorized Signature for Agreement: Contact Name: Contact Title: Phone: ( _) Fax: ( _)

E-Mail Address: Consultant Point of Contact for SANDAG Project Manager: Contact Name: Contact Title: Phone: ( _) Fax: ( _)

E-Mail Address: Is your company a Certified Disadvantaged Business Enterprise (DBE):

Yes No Will your company be utilizing Certified Disadvantaged Business Enterprise (DBE) firm(s) under this agreement?

Yes No

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NOTICE

San Diego Association of Governments (SANDAG) Request for Qualifications (RFQ)

Contract Number: 5000314

I. RFQ SUMMARY

Service Requested: Planning, Design and Engineering Studies for the “Super Loop Transit Project” Routes, Priority Treatments and Station Locations

Contract Type: “On-Call Task Order(s)”

Number of Contracts: One (1)

Amount: Estimated Expenditure: $250,000.00 per year up to a maximum of $750,000.00 for the entire contract term.

Duration: Maximum Three (3) year contract term. Tentative commencement date of July 1, 2005.

Payment Method: Specific Rates of Compensation

DBE Goal: Six Percent (6%)

II. GENERAL INFORMATION

A. Service Requested

San Diego Association of Governments (SANDAG) is soliciting Statements of Qualifications (SOQs) from qualified firms that may lead to the award of one (1) contract for On Call Professional Consultant Services to provide Planning and Design Services and Engineering Studies for the transit routes and station locations for the “Super Loop Transit Project”.

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B. Contract Amount/Duration

SANDAG anticipates the contract amount to be up to $250,000.00 per year, for a maximum contract expenditure of $750,000.00 for the term of the contract. SANDAG does not guarantee, either expressly or by implication, that any work or services will be required under the contract. The duration of any contract awarded is expected to be up to a maximum of three (3) years.

C. Payment Method

The method of payment for this contract shall be “Specific Rates of Compensation.” Under this method of payment, the Consultant is paid at an agreed upon and supported specific fixed hourly or daily rate for each employee working directly on the contract work. The specific fixed rate includes the Consultant’s fee and indirect costs, such as overhead, fringe, and other administrative charges. In addition, the Consultant is reimbursed for direct costs at actual costs.

When a Task Order is issued, SANDAG will negotiate with the Consultant for level-of-effort and direct costs for each service or product. Although the Task Order estimate may include average rates for classifications, the Consultant will submit invoices showing specific rates of compensation for each employee. The Consultants invited to interview will be required to submit a cost proposal (S-ADM-2033) at the interview.

D. DBE Goal

A Disadvantaged Business Enterprise (DBE) goal of six percent (6%) has been established for the contract. It is the prospective Consultant’s responsibility to make a sufficient portion of the work available to Subconsultants to meet this DBE goal, consistent with the availability and capacities of DBE firms.

SANDAG’s DBE program, which includes minority and women-owned business enterprises, is designed to administer contracts, consultant selection, and all related procurement activities without regard to race, color, religion, disability, political beliefs, age, national origin, gender, or cultural background. Accordingly, no firm or individual shall be denied the opportunity to compete for SANDAG contracts by reasons so stated or implied. A copy of SANDAG’s DBE program is available on SANDAG’s Web site at:

www.sandag.org/notices

DBE firms included in the Statement of Qualifications, either as Consultants or Subconsultants, must be certified by a government certifying agency as of the submittal deadline for each Statement of Qualifications. The certification number, expiration date, certifying agency, gender, and ethnicity are to be shown for each DBE firm included in the Statement of Qualifications. For a listing of State of California certifying agencies visit the following web site:

http://www.dot.ca.gov/hq/bep/ucp.htm

All Consultants are required to submit with their SOQ the S-ADM-0227F, which lists the DBE Subconsultants the Consultant will utilize to meet the DBE goal. If any Consultant does not fully meet the DBE goal, the “Good Faith Effort” documentation with the S-ADM-0312F shall be

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submitted with their SOQ. “Good Faith Effort” steps must be performed PRIOR to SOQ submittal. If it is determined that the proposed awardee did not meet the goals and/or failed to demonstrate an acceptable "Good Faith Effort," the Consultant will be found non-responsive to the RFQ requirements and will not be awarded the contract. These forms and documentation must be submitted with the Statement of Qualifications.

If the Consultant requires copies of form S-ADM-0227F and/or S-ADM-0312F contact the contract administrator listed in section “E” below of this RFQ.

For questions concerning DBE requirements, contact the following DBE coordinator:

Erlinda Avena Phone: (619) 699-1984 E-mail: [email protected]

E. Submission of SOQ

Two (2) original with wet signatures and five (5) copies of the Statement of Qualifications containing all the indicated information shall be submitted. FAX or email copies will not be accepted. Statements of Qualifications will be received until Monday, February 28, 2005 at 4:00 p.m., and must be directed to:

San Diego Association of Governments Contracts and Procurement Attention: Erlinda Avena, Contract Specialist 401 B Street, Suite 800 San Diego, California 92101-4231

Telephone: (619) 699-1984 Fax: (619) 699-4889 E-Mail: [email protected]

Postmarks will not be accepted in lieu of this requirement. Statements of Qualifications and/or modifications received subsequent to the hour and date as specified will not be considered.

The submitted Statement of Qualifications shall be titled RFQ Number 5000314 Super Loop Project. This RFQ number and firm name, together with the deadline for submittal date and time as listed in this section, must be shown clearly on the outside of the envelope or box in which the Statement of Qualifications is submitted and marked “DO NOT OPEN UNTIL DUE DATE.” Also, the RFQ number must be shown on either the cover or first page of each copy of the Statement of Qualifications.

F. Questions Concerning Request for Qualifications

All questions relating to the RFQ must be received in writing via mail, facsimile, E-mail, or hand delivered no later than 4:00 p.m. Friday, February 18, 2005, addressed to the Contract Specialist noted above. A Web page will be developed, maintained, and devoted to this RFQ. It can be accessed from:

www.sandag.org

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Responses to all questions received pertaining to this RFQ will be posted, on an ongoing basis, on the SANDAG Web page devoted to this RFQ. All questions and responses concerning this RFQ will be posted at least three (3) days prior to the SOQ due date or can be obtained by contacting the administrator noted above. It is the responsibility of the Consultants to check the Web page for any such questions and responses related to this RFQ.

G. Pre-SOQ Meeting

A Pre-SOQ meeting will be held. A summary of the questions and answers from the Pre-SOQ meeting will be posted on the contract web page within five business days after the meeting. The Pre-SOQ meeting date, time and location are as follows:

Date: Monday, February 14, 2005

Time: 10:00am to Noon

Location: SANDAG 401 B Street, San Diego, CA 92101 8th Floor, Conference Room 8A

III. STATEMENT OF WORK

See attached Attachment A “Standard Agreement for Services” Exhibit A “Scope of Work”. All terms, conditions, specifications and requirements detailed in Attachment A are contractually binding upon the consultant selected for contract award and are an integral part of this Request for Qualifications (RFQ).

IV. CONSULTANT SELECTION AND COST NEGOTIATIONS PROCESS

The Consultant(s) will be selected by means of a “One-Step” selection process. The “One-Step” process includes submission of a Statement of Qualifications (SOQ). Those Consultants judged, by SANDAG’s Evaluation Team, to be the best qualified will be invited to an interview. A cost proposal from each shorted listed Consultant will be required at the time of their interview.

A. Short List

The basis for ranking the Consultants’ Statements of Qualifications include:

1. 30 points: Project Team - Overall organization, quality, and relevance of project team. Specialized experience of Consultant and Subconsultants.

2. 20 points: Education and Experience of Project Manager and Key Personnel - Education (degree or specialization, professional registration/certification, other professional qualifications), relevant experience, relevant experience to role in

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this contract, years of relevant experience with current firm, and overall years of relevant experience.

3. 20 points: Example Projects (project experience) - Nature, quality, and relevance of recently completed projects. Relevant experience of working with project team.

4. 20 points: Role of Key Personnel Participation in Example Projects

5. 10 points: Additional Information - Staffing capability, workload, and record of meeting schedules on similar projects. Ability to adapt to unexpected work. Feasibility of oversight, ability and willingness to respond to SANDAG requirements, and accessibility to SANDAG reviewers.

Based upon the above evaluation scoring criteria, an evaluation committee will select those Consultants judged to be the best qualified and create a short-list of the qualified firms for this contract. These selected “short listed” Consultants will be invited to an interview.

B. Cost Proposal/Interview

A sealed cost proposal, including DBE goal documentation, will be required of each Consultant invited to be interviewed (short-listed). All the necessary forms and instructions will be provided to the short-listed Consultants with the interview notification correspondence. Only the Cost Proposal of the proposed contract awardee will be opened. All other cost proposals will be returned unopened at the conclusion of the award process.

C. Cost Negotiations

Based on the number of contracts proposed to be awarded, a contract with fixed rates of compensation for specific persons will be negotiated with the first ranked or top ranked Consultant, in accordance with SANDAG’s Procurement Manual and Board Policy. If agreement cannot be reached with the top ranked Consultant, negotiations will be terminated and negotiations will be started with the next highest ranked Consultant for the contract.

D. State General Prevailing Wage Rates

The Contract to be awarded from this RFQ process is subject to the payment of prevailing wages if crafts covered by state labor laws will be utilized by the Consultant under this agreement. The prevailing wage rates, in effect on the date the RFQ appears for advertisement, will apply for the Counties of San Diego and Imperial. Copies of the state general prevailing wage rates may be obtained via the Internet at:

www.dir.ca.gov

E. Federal General Prevailing Wage Rates

The Contract to be awarded from this RFQ process is subject to the payment of prevailing wages if crafts covered by state labor laws will be utilized by the Consultant under this agreement. The

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prevailing wage rates, in effect on the date the RFQ appears for advertisement, will apply for the Counties of San Diego and Imperial. Federal prevailing wage rate determinations are subject to any “modification” to those wage determinations issued by the Federal Department of Labor ten (10) working days prior to the SOQ due date. Federal prevailing wage rate determinations are available on the Internet at:

www.access.gpo.gov/davisbacon/index.html

V. REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS

Statements of Qualifications must be in the following format and contain the information listed below:

All SOQs sheets must be 8 1/2” x 11” pages. The minimum font size is 8 point (except organizational chart). All exterior binders shall not exceed 1 1/2 inches. SOQ Layout shall be as follows:

A. Section 1 – Introduction

a. Transmittal Letter - Signature of the person authorized to obligate the firm or joint venture. The signature of the authorized representative attests that the information contained in the SOQ is truthful, accurate, and complete at time of submittal.

b. Correspondence from each Subconsultant, signed by a principal of the Subconsultant firm, which states its commitment to the Consultant’s firm and indicates the specific portion of the work to be performed by the Subconsultant firm.

c. If there is a DBE goal for this contract, provide DBE certification document for each DBE Consultant.

d. Attach S-ADM-0227F or S-ADM-0312F to the end of this Section.

B. Section 2 – Organization Chart

a. An organization chart showing Consultant and Subconsultants, the proposed relationships between the key personnel and support staff who are expected to participate on the project, and which aspects of the work each person will be responsible for performing.

b. The organization chart shall be limited to one page (or one 11” x 17” page folded to 8 1/2” x 11”).

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C. Section 3 – Resumes (SF330 – Part I, Sections A through E)

The Consultant shall submit General Services Administration Standard Form SF330. Part I (Sections A - E) of the Form “Architect-Engineer Qualifications”, SF330, shall conform to the following format:

a. Provide one combined SF330 for the Consultant and Subconsultants.

b. Provide all information in Sections A, B, and C. Omit repeat of Section D.

c. Section C shall conform to the following requirements:

1) List the location of the offices where the work is to be performed. If the work is to be shared among firms and offices at different locations, indicate where each office is located and what work is to be performed in each office. For field personnel, provide the location of the offices where they will be based and from which they will be managed. If necessary, attach additional sheets.

2) Under Section C9, list percent of work (in percent and in parenthesis) anticipated for each Consultant after listing “Firm Name.”

3) If this contract has a DBE goal, list under Section C11 “DBE” after listing “Role in this Contract” for each DBE Consultant. All detailed DBE information shall be shown on S-ADM-0227F.

d. List all key personnel in Section E. Section E shall conform to the following requirements:

1) Every person whose resume is provided in Section E shall be shown on the organization chart. Resumes of people who are not shown on the organization chart will not be considered.

2) Section E17 must list the person’s active professional registrations in California and their California registration number, including expiration date. Personnel in responsible charge of engineering, surveying, architectural, landscape architectural, or geotechnical engineering work shall be registered in the respective disciplines in the State of California.

3) Section E for the project manager shall be limited to a maximum of two pages. All other personnel shall be limited to one page. List all Consultant key personnel first, followed by all Subconsultants key personnel.

D. Section 4 – Additional Information (SF330 – Part I, Sections F through H, and Part II)

Part I (Sections F - H) and Part II of the Form “Architect-Engineer Qualifications,” SF330, shall conform to the following format:

a. Section F shall conform to the following requirements:

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1) Projects listed in Section F must be projects which were worked on by people shown on the organization chart and whose resumes are included in Section E.

2) In Section F23, include the project owner, point of contact, and telephone number of the person who can provide a reference. Projects without a telephone number or reference will not be considered.

3) List one project per page. If the SOQ contains four or more projects, the Consultant shall list a minimum of three relevant projects. The combined Consultant and Subconsultant projects listed shall not exceed ten (10) projects.

b. Section G shall be limited to two pages maximum.

c. Section H shall conform to the following requirements:

1) Section H shall highlight or expand upon experience. Describe staffing capability, workload, and record of meeting schedules on similar projects. Also describe ability to adapt to unexpected work. Finally, describe the feasibility of oversight, ability, and willingness to respond to SANDAG requirements, and accessibility to SANDAG reviewers.

2) Section H shall be limited to two pages for the Consultant and one page for each Subconsultant.

d. “Part II – General Qualifications” shall conform to the following requirements:

1) Provide a separate “General Qualifications” sheet for the Consultant and each Subconsultant. Each “General Qualifications” sheet shall immediately follow its respective Section H page.

2) If the Consultant has multiple offices, only list the office where the majority of the work will be performed.

3) Sections 8c, 10, and 11 are not required.

4) All “General Qualifications” shall be limited to one page per Consultant/ Subconsultant.

E. Section 5 – Non-Discrimination Plan

The following information must be included for both the Consultant and each Subconsultant:

a. If the Consultant or the Subconsultant employs 0-49 employees, provide a non-discrimination policy statement.

b. If the Consultant or Subconsultant employs 50 or more employees, provide a description of the firm’s non-discrimination action plan aimed at eliminating discrimination based upon race, color, religion, sex, and national origin, and a description of the firm’s previous compliance with the plan.

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F. Section 6 – Exceptions to RFQ or Standard Agreement Language

The Consultant shall certify that it takes no exception(s) to this RFQ, including but not limited to SANDAG’s Standard Agreement for Services (enclosed). If the Consultant does take exception(s) to any portion of the RFQ or Contract, the specific portion to which exception(s) is taken must be identified and explained. Failure to make exceptions to the RFQ or Contract will be deemed a waiver of any objection. Exceptions may be considered during the SOQ evaluation process.

Statements of Qualifications which do not contain all six (6) sections listed above, do not contain the required number of copies, do not have proper identification, are submitted after the deadline, or are submitted to the wrong location shall be, at SANDAG’s discretion, considered non-responsive. SANDAG reserves the right to waive incon-sequential irregularities.

VI. RFQ TERMS AND CONDITIONS (MISCELLANEOUS)

A. Consultant Modification or Withdrawal of Submittals

Any SOQ received prior to the date and time specified for the receipt of SOQs may be withdrawn or modified by written request by the Consultant. To be considered, however, the modified SOQ must be received by the submittal due date and time.

B. Amendments to Request for Qualifications

SANDAG reserves the right to amend or cancel the Request for Qualifications by addendum before the final SOQ submittal due date. Revisions to the RFQ shall be posted on the SANDAG Web page (www.sandag.org) devoted to this RFQ at least one full business day prior to the deadline for SOQs. It is the responsibility of the Consultant to check the Web site for any revisions related to this RFQ. The Consultant shall confirm in the transmittal letter of its SOQ the receipt of all addenda issued to this RFQ.

C. Non-Commitment of SANDAG

This Request for Qualifications does not commit SANDAG to award a contract, to pay any costs incurred in the preparation of an SOQ for this request, or to procure or contract for services.

D. Property Rights

SOQs received within the prescribed deadline become the property of SANDAG and all rights to the contents therein become those of SANDAG.

All products used or developed in the execution of any contract resulting from this Request for Qualifications will remain in the public domain at the completion of the contract.

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E. Confidentiality

Before award of the contract, all Statements of Qualifications will be designated confidential to the extent permitted by the California Public Records Act. After award of the contract (or if not awarded, after rejection of all SOQs), all responses will be regarded as public records and will be subject to review by the public. Any language purporting to render all or portions of the SOQs confidential will be regarded as non-effective and will be disregarded.

Consultants who wish to release information to the public regarding consultant selection, contract award, or data provided by SANDAG must receive prior written approval from SANDAG before disclosing such information to the public.

F. Conflict of Interest Concerning Consultants

The prospective Consultants shall disclose any financial, business, or other relationship with SANDAG, the State Department of Transportation, MTS, or NCTD, or any local agency that may have an impact upon the outcome of this contract. The prospective Consultant shall also list current clients who may have a financial interest in the outcome of this contract.

The prospective Consultant’s signature affixed to and dated on the cover letters shall constitute a certification, under penalty of perjury under the laws of the State of California, that the prospective Consultant(s) declares that the Consultant(s) and Subconsultants are not currently, and will not during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to be in conflict with SANDAG’s interests.

G. Non-Discrimination

Any contract awarded as a result of this Request for Qualifications (RFQ) will be awarded without discrimination based upon race, color, religion, age, sex, sexual orientation, or national origin.

The prospective Consultant must certify compliance with non-discrimination requirements of the state pertaining to the development, implementation, and maintenance of a non-discrimination program. The prospective Consultant’s signature affixed to and dated on the cover letters shall constitute a certification, under penalty of perjury under the laws of the State of California, that the Consultant has, unless exempted, complied with the non-discrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103; and the non-discrimination program requirements of Title VI of the Civil Rights Act of 1964, 49 CFR Parts 21 and 23 CFR Part 200 for federally-funded projects.

The Consultant shall assure SANDAG that it will comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

H. Business in “Good Standing”

If Consultant is a corporation, Consultant certifies that corporation is in good standing to “do business” in California. “Doing business” is defined by Revenue and Taxation Code 23101 as actively

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engaging in any transaction for the purpose of financial or pecuniary gain or profit. If Consultant is awarded the contract and found to have an invalid corporate status with the Office of the California Secretary of State, award will be voided unless the Consultant can provide validity of corporate status within five (5) working days of notification of award.

I. Drug-Free Work Place

The Consultant(s) finally selected must comply with Government Code Section 8355 in matters relating to providing a drug-free work place.

J. Pre-award Audit

A Caltrans pre-award audit will be performed prior to award of a contract. The pre-award audit will be conducted in accordance with generally-accepted government auditing standards as promulgated by the Untied States General Accounting Office.

The scope of the audit will consist of such tests as the auditors consider necessary to assure that the Consultant satisfactorily meets the requirements outlined in items below prior to execution of the contract.

1. At the time of the Pre-award Audit, the prospective Consultant must demonstrate through actual historical data that its accounting system is capable of accumulating and segregating reasonable, allowable, and allocable costs. For new businesses, if actual historical data is unavailable or the accounting system is newly implemented, the system will be tested to determine whether the accounting system is adequate and, if necessary, recommend that an interim audit be performed. At a minimum, the Consultant must have an accounting system that meets the following objectives:

The ability to record and report financial data in accordance with generally-accepted accounting principles and the Code of Federal Regulations, Title 48, Federal Acquisition Regulations System (FAR), Chapter 1, part 31.

The ability to accumulate and segregate reasonable, allowable, and allocable costs through the use of a cost accounting system.

A system of record keeping ensuring the costs billed to SANDAG will be supported by adequate documentation and will be in compliance with the terms of the contract and applicable federal and state regulations.

Procedures to retain accounting records and source documentation as required by the terms of the contract.

A system of internal control which provides reasonable assurance that assets are protected; financial data, records and statements are reliable, and errors and irregularities are promptly discovered, reported, and corrected.

2. The prospective Consultant must be financially capable of performing the work.

3. The costs proposed must be reasonable.

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K. Insurance Requirements

SANDAG requires Consultants doing business with it to obtain insurance, as shown in the Standard Agreement for Services. The required insurance certificates must comply with all requirements of the standards shown in the contract and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the project.

L. Additional Information

Although under no obligation, SANDAG reserves the right to request additional information and/or clarification from any or all Consultants submitting an SOQ to this RFQ.

The SOQ shall state whether the Consultant or any of its Subconsultants has filed bankruptcy in the last ten (10) years and provide any other relevant information concerning whether the Consultant is financially capable of completing this contract.

M. Request for Additional Copies/Forms

For additional copies of this RFQ, SF330 or any forms, contact the contract administrator listed on this RFQ, or visit the following Web site:

www.sandag.org

Consultant(s) selected to be interviewed will receive the forms listed below with interview notification correspondence.

Cost Proposal Form/Instructions – Specific Rates of Compensation (S-ADM-2033)

DBE Goals Documents (S-ADM-0227F)

DBE Good Faith Effort Documentation (S-ADM-0312F)

For reference only, the Consultant may view, on the SANDAG web site, the following selection process forms:

SOQ (Initial Evaluation) Scoring Sheet (S-ADM-2027)

Interview (Final Evaluation) Scoring Sheet (S-ADM-2028)

N. Protests

Pursuant to the requirements set forth in FTA Circular 4220.1E, "Third Party Contracting Requirements," the following procedures shall be used by SANDAG to fairly and promptly respond to any protests received regarding third party contracts or the contracting process.

SANDAG will consider all protests or objections regarding the contracting process or the award of a contract submitted by 4:00 p.m. on the deadlines discussed below. SANDAG will review only protests submitted by an actual or prospective Consultant/proposer or someone else whose direct economic interest would be affected by the award of a contract or by failure to award a contract. A

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protest by any adversely affected person must be made in writing and must be mailed or hand delivered to SANDAG. A protest which does not strictly comply with SANDAG’s protest procedures will be rejected.

Protests relating to the content of the RFQ must be filed within ten (10) business days after the advertisement date the RFQ is made available to the public. Protests relating to the intent to make an award solicited by an RFQ must be filed within ten (10) business days after the Notice of Intent to Enter Into Negotiations With Another Consultant/Proposer is mailed to the Consultants/ proposers. The effective date of filing by a protestor shall be the date of receipt of the protest by SANDAG. Untimely protests will be rejected.

If deemed necessary, SANDAG shall notify all Consultants/proposers of record that a protest has been filed and that the award has been postponed until further notice. If necessary, Consultants/proposers will be asked to extend the time for acceptance of their SOQ in order to avoid the need to re-advertise the solicitation.

1. Protest Contents

A letter of protest must set forth detailed grounds for the protest and be fully supported with technical data, documentary evidence, names of witnesses, and other pertinent information related to the subject being protested. The protest also must state the law, rule, regulation, or practice upon which the protest is based. The protestor must demonstrate or establish a clear violation of a specific law or regulation, e.g., a violation of the Buy America requirements.

If the protestor considers that the protest contains proprietary material, the protestor shall state the alleged proprietary information on the front page of the protest document.

Protests shall be addressed to:

Office of General Counsel San Diego Association of Governments 401 B Street, Suite 800 San Diego, California 92101

2. Reply to Protest

A SANDAG protest committee appointed by the Executive Director will review all protests in a timely manner and reply to the protest, in writing, within ten (10) business days. All material submitted by the protestor will be considered. Such material will not be withheld from any interested party outside of SANDAG or any agency which may be involved with the contract, except to the extent that the withholding of information is permitted or required by law or regulation.

3. Request for Protest Reconsideration

Upon receipt of an adverse decision by SANDAG, the protestor may file a request for protest reconsideration. A request for protest reconsideration must be directed to the Executive Director in writing and be received within ten (10) full business days from the postmark date of the reply from SANDAG. The Executive Director will respond to the request for protest

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reconsideration within ten (10) full business days. The decision of the Executive Director will be in writing and final. No further protests will be heard by SANDAG.

4. Appeal to Federal Funding Agency (if applicable)

If the proposed or actual contract award is funded in whole or in part by the Federal Transit Administration (FTA), the FTA may entertain a protest that alleges that SANDAG failed to have or follow written protest procedures. A protest to the FTA must be filed with the FTA not later than five (5) business days after SANDAG renders a final decision or five (5) business days after the protestor knows or has reason to know that SANDAG has failed to render a final decision.

A protest to the FTA must be filed in accordance with FTA Circular 4220.1E.

O. Tentative RFQ Schedule

The following dates are tentative and are subject to change. Any changes to the below listed dates will be posted on the SANDAG website at www.sandag.org under the RFQs/RFPs section.

A. Advertise and Issue RFQ ........................................................................... January 31, 2005

B. Pre-SOQ Meeting ..................................................................................... February 14, 2005

C. Last Day to Submit Questions Regarding RFQ ........................................ February 18 2005

D. SOQ Due Date .......................................................................................... February 28, 2005

E. Oral Interviews (if utilized) ......................................................................... March 17, 2005

F. Selection and Notification of Intent to Award .......................................... March 31, 2005

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ATTACHMENT A – STANDARD AGREEMENT FOR SERVICES

TABLE OF CONTENTS

RECITALS.................................................................................................................................................... 20 I. SERVICES ................................................................................................................................... 20 II. AUTHORIZATION...................................................................................................................... 21 III. PAYMENT.................................................................................................................................. 21 IV. TIME OF PERFORMANCE AND NOTICE REGARDING LATE DELIVERY................................... 22 V. STANDARD OF CARE ................................................................................................................ 22 VI. ASSIGNMENT AND SUBCONTRACTING................................................................................... 22 VII. STATUS OF THE CONSULTANT................................................................................................. 23 VIII. INTEGRATION ........................................................................................................................... 23 XI. DELIVERABLES .......................................................................................................................... 23 X. CHANGES IN WORK.................................................................................................................. 24 XI. PROGRESS REPORTING............................................................................................................. 24 XII. INSURANCE ............................................................................................................................... 25 XIII. INDEMNITY – HOLD HARMLESS .............................................................................................. 26 XIV. AUDIT AND INSPECTION OF RECORDS.................................................................................... 26 XV. LAWS, VENUE AND DISPUTE RESOLUTION............................................................................. 27 XVI. TERMINATION OR ABANDONMENT ....................................................................................... 27 XVII. DISENTANGLEMENT ................................................................................................................. 28 XVIII. CONFORMITY TO LEGAL REQUIREMENTS .............................................................................. 32 XIX. CONFIDENTIALITY .................................................................................................................... 32 XX. INTELLECTUAL PROPERTY RIGHTS .......................................................................................... 32 XXI. PROHIBITED INTEREST/COVENANTS AGAINST CONTINGENT FEES ....................................... 32 XXII. CONFLICT OF INTEREST ............................................................................................................ 33 XXIII. DISADVANTAGED BUSINESS ENTERPRISE (DBE)..................................................................... 33 XXIV. SUCCESSORS OR ASSIGNS ........................................................................................................ 38 XXV. NONDISCRIMINATION.............................................................................................................. 38 XXVI. INCORPORATION OF FEDERAL/STATE GUIDELINES................................................................ 40 XXVII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

AND OTHER RESPONSIBILITY MATTERS.................................................................................. 40 XXVIII. COST PRINCIPLES ...................................................................................................................... 41 XXIX. BUY AMERICA........................................................................................................................... 41 XXX. PRE-AWARD COSTS .................................................................................................................. 42 XXXI. COMPLIANCE WITH CLEAN AIR AND WATER LAWS.............................................................. 42 XXXII. CONSULTANT’S SAFETY-SENSITIVE EMPLOYEES .................................................................... 42 XXXIII. ORDER OF PRECEDENCE........................................................................................................... 42 XXXIV. ADMINISTRATION..................................................................................................................... 42 XXXV. HEADINGS ................................................................................................................................. 42 XXXVI. NOTICES .................................................................................................................................... 43 XXXVII. PRESERVATION OF AGREEMENT ............................................................................................. 43 XXXVIII. SIGNATURES.............................................................................................................................. 43

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ATTACHMENT A “Standard Agreement for Services”

No. 5000314/Super Loop Project

AGREEMENT FOR (PROFESSIONAL) SERVICES BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS

AND TO BE DETERMINED (TBD) AS RESULT OF RFQ AWARD EVALUATION

THIS AGREEMENT shall be effective as of this [TBD day ]of [TBD] [Month],[TBD] [Year], by and between the San Diego Association of Governments (hereinafter referred to as “SANDAG”), 401 B Street, Suite 800, San Diego, California, and TBD (hereinafter referred to as “Consultant”) in view of the following facts:

RECITALS

The following recitals are a substantive part of this Agreement:

A. SANDAG is in need of professional services for the following project: Super Loop Transit Project (hereinafter referred to as the “Project”).

B. Consultant represents that [it/he/she] is duly licensed and qualified to provide such services and has the personnel and other resources necessary to accomplish the work within the required time.

C. The purpose of this Agreement is to establish the terms and conditions for SANDAG to retain Consultant to provide the services described herein.

NOW, THEREFORE, it is agreed as follows:

I. SERVICES

Consultant shall provide SANDAG the services as described in the Scope of Work attached hereto as Exhibit A “Scope of Work” upon receipt of a written and executed Task Order from SANDAG. Task Order One will be issued following full execution of this Agreement. Task Order One shall cover services to be provided by Consultant between [Date TBD through Date TBD]. As additional tasks are identified, SANDAG may issue additional Task Orders to Consultant. Consultant is not authorized to perform services for SANDAG beyond the termination date set forth in each Task Order. In no event shall this Agreement terminate later than [Date TBD].

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II. AUTHORIZATION

Specific authorization to proceed shall be given by SANDAG via one or more Task Orders. Each Task Order shall describe the work to be performed by Consultant, the dates of performance and maximum amount that SANDAG will pay for the services described therein. Consultant shall commence work for the applicable time period immediately upon receipt of a Task Order. The Task Order under which the parties are currently operating at any given time during the term of this Agreement shall be known as the “current Task Order.” Consultant is only authorized to perform services during the period of performance designated in the current Task Order.

III. PAYMENT

A. For work performed pursuant to Task Order One, SANDAG shall pay a maximum of $ TBD. The parties have agreed to the Fee Schedule attached to this Agreement as Exhibit B (TBD). For any Task Orders that may be issued subsequent to Task Order One, the parties will negotiate the amount of payment due based on the amounts in Exhibit B (TBD). If SANDAG issues Task Orders over the full time period contemplated by this Agreement, SANDAG estimates the maximum amount to be paid to Consultant will be $TBD. Notwithstanding the foregoing, under no circumstances should Consultant presume that additional Task Orders beyond the current Task Order will be issued or that it will receive more than the maximum cost agreed to by the parties for the current Task Order. Issuance of Task Orders under this Agreement shall be contingent on funding, budget approval, Consultant’s performance, and other relevant factors. SANDAG reserves the right to increase or decrease the amount of estimated funds allocated to each Task Order.

B. The maximum cost set forth in each Task Order shall include all applicable costs such as

salaries and wages, overhead, travel, materials and supplies, subcontract costs, and fixed fees or profit. Consultant is expressly put on notice that no employee of SANDAG has authority to authorize, in writing or otherwise, an increase in the maximum cost of the current Task Order or this Agreement without SANDAG Executive Director approval.

C. Consultant shall submit monthly invoices for services satisfactorily rendered and for

reasonable expenses incurred as approved and authorized by SANDAG in writing. For purposes of this Agreement, an expense is not “incurred” unless Consultant has obtained SANDAG’s written approval and Consultant’s accounting department has issued payment for said expense. SANDAG will not make reimbursement or payment to Consultant in advance of the expense being incurred. Reimbursement to Consultant shall be based on the fixed fees for specified deliverables. SANDAG shall retain ten percent (10%) from the amount invoiced until satisfactory completion of all work described in the current Task Order.

D. Upon completion of all deliverables and tasks under the current Task Order to the satisfaction

of SANDAG, Consultant shall submit a final invoice showing the cumulative costs incurred by Consultant, not to exceed the maximum cost of the current Task Order. Final payment on each Task Order, including retained amounts shall be made within thirty (30) days of receipt and written approval by SANDAG of the final invoice. Notwithstanding the foregoing, all payments are subject to the conditions set forth elsewhere in this Agreement or which are otherwise required by law. Payments shall be subject to review for compliance by SANDAG

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with the requirements of this Agreement, and shall be subject to an audit upon completion of all services. No other compensation will be paid except for work done under an amended agreement approved pursuant to Article X, “Changes in Work” detailed herein

E. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain

all of the provisions of this Article.

IV. TIME OF PERFORMANCE AND NOTICE REGARDING LATE DELIVERY

Time is of the essence in this Agreement and each covenant and term is a condition herein. Consultant shall perform all services in a prompt and timely manner in accordance with the Activity Schedule shown in Exhibit C. In the event Consultant encounters difficulty in meeting the Activity Schedule or anticipates difficulty in complying with the Activity Schedule, the Consultant shall immediately notify the SANDAG Project Manager and shall provide pertinent details, including, the reason(s) for the delay in performance and the date by which Consultant expects to complete performance or make delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a contract delivery schedule or date, or any rights or remedies provided by law under this Agreement. Any additional time for performance or delivery must be approved in writing in a document signed by both parties.

V. STANDARD OF CARE

A. Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. All services shall be performed to SANDAG’s satisfaction.

B. Consultant acknowledges and understands that the data and/or information it collects and/or

provides to SANDAG will be relied upon by SANDAG and other persons or entities that are now or will in the future be under contract with SANDAG. Should information provided by Consultant be inaccurate and cause SANDAG to incur damages or additional expenses, SANDAG shall notify Consultant and Consultant shall immediately place its insurance carrier on notice of a potential claim.

VI. ASSIGNMENT AND SUBCONTRACTING

A. Consultant shall not assign, sublet or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement without the written consent of SANDAG, which may be withheld for any reason, provided however, that claims for money due to Consultant from SANDAG under this Agreement may be assigned to a bank, trust com-pany or other financial institution without such approval. Notice of such assignment or trans-fer shall be promptly furnished to SANDAG in writing.

B. Nothing contained herein shall prevent Consultant from employing independent professional associates, Sub-Consultants and consultants as Consultant may deem appropriate to assist in the performance of services hereunder. The Consultant shall not enter into any agreement to perform subcontracted work in connection with this Agreement without first obtaining SANDAG’s written approval as to the scope of work and the Sub-Consultant.

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C. If Consultant subcontracts any of the work to be performed under this Agreement, Consultant shall be as fully responsible to SANDAG for the acts and omissions of Consultant’s Sub-Consultant and of the persons employed by the Sub-Consultant as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement shall create any contractual relationship between any Sub-Consultant of Consultant and SANDAG.

Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all of the provisions stipulated in this Agreement to be applicable to the Sub-Consultant. Consultant shall bind every Sub-Consultant and every Sub-Consultant of a Sub-Consultant to the terms of this Agreement, unless specifically noted to the contrary in the subcontract in question, approved in writing by SANDAG.

VII. STATUS OF THE CONSULTANT

A. Consultant and any sub-consultant, professional associate, advisor, etc. employed by the Consultant shall perform the services provided for within this Agreement as an independent Consultant, and not as an employee of SANDAG. Consultant shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Consultant. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Consultant. Consultant agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which SANDAG may be required to make on behalf of Consultant or any employee of Consultant for work done under this Agreement.

B. Except as SANDAG may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind SANDAG or its members, agents or employees, to any obligation whatsoever, unless expressly provided in this Agreement.

VIII. INTEGRATION

This Agreement represents the entire understanding of SANDAG and Consultant as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by SANDAG and Consultant.

IX. DELIVERABLES

A. The term “deliverables” as specified herein includes, but is not limited to, all original drawings, reports and other documents, including detailed calculations, digital/electronic databases, source code, data sets, analyses, maps, and other work products developed for the

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Project. Digital or electronic data is required as a deliverable under this Agreement. Consultant must submit deliverables in a format identified by SANDAG as one it can decipher. Documentation and metadata must accompany the data in order for the deliverable to be accepted by SANDAG.

B. All deliverables including, but not limited to, reports, documents, supporting materials source code, digital or electronic files and databases, and any other deliverables required by the Agreement are the property of SANDAG, whether the work for which they are made be completed or not. In the event this Agreement is terminated, all deliverables shall be delivered within ten (10) days from the date of termination to SANDAG.

C. Consultant shall have the right to make a copy of the deliverables solely for the purpose of recordkeeping. Consultant may not sell, reuse, or distribute deliverables prepared under this Agreement in any form without SANDAG’s express written permission.

D. In the event SANDAG decides not to issue a Task Order subsequent to the current Task Order, Consultant shall deliver all undelivered deliverables to SANDAG within ten (10) days after the current Task Order expires.

X. CHANGES IN WORK

If changes in the work seem merited by Consultant or SANDAG, and informal consultations with the other party indicate that a change is warranted, it shall be processed by SANDAG in the following manner: A letter outlining the changes shall be forwarded to SANDAG by Consultant, with a statement of estimated changes in fee or time schedule. If SANDAG determines the change is merited, is due to an unexpected circumstance, and was caused through no fault of the Consultant, an amendment to the Agreement may be prepared by SANDAG. SANDAG will not be required to pay for the changes in work unless the amendment is executed by both parties before performance of such services commences. Consultant is expressly put on notice that no employee of SANDAG has authority to authorize, in writing or otherwise, any additional work which would increase the cost of this Agreement or any Task Order without SANDAG Executive Director approval. Such amended agreement shall not render ineffective or invalidate unaffected portions of this Agreement.

XI. PROGRESS REPORTING

It shall be the responsibility of Consultant to advise SANDAG on an as requested basis, by SANDAG Project Manager, of the progress of its work, expenditures incurred, and information regarding whether the Project is projected to comply with the Activity Schedule and Project budget limits. Consultant shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG, and if applicable, to the satisfaction of any government agency as directed by SANDAG. This may include progress and final reports, plans, specifications, estimates, or other evidence of attainment of the Agreement objectives.

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XII. INSURANCE

A. Consultant shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California. The policy and certificate(s) of insurance must provide for the following:

1. Commercial General Liability: Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The certificate of insurance or a policy endorsement must include an acceptable “Waiver of Subrogation” in favor of SANDAG. The certificate of insurance must name SANDAG as an additional insured.

2. Automobile liability: for personal and bodily injury, including death, and property

damage in an amount not less than $1,000,000.

3. Professional liability: (errors and omissions) for negligent acts, errors or omissions of a professional nature in the amount of $1,000,000 per claim and aggregate. The policy must be a “claims made” policy.

4. Workers’ compensation and employer’s liability: comply with the laws of the State of California. The certificate of insurance or a policy endorsement must provide an acceptable “Waiver of Subrogation” in favor of SANDAG. The policy must provide for a minimum of $1,000,000 in employer’s liability coverage.

B. Consultant shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The certificate(s) shall be attached to this Agreement as Exhibit D. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements:

1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of “A-” or better, and a financial size of “$10 million to $24 million (Class V) or better,” except for State Fund, or

2. A Lloyd’s of London program provided by syndicates of Lloyd’s of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California.

C. Certificates of insurance shall be filed with SANDAG. Consultant is responsible for ensuring that its carrier(s) send SANDAG updated certificates of insurance throughout the term of the Agreement. The general liability and property damage insurance, as well as automobile liability insurance, shall include SANDAG as an additional insured. Consultant’s policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Consultant’s insurance. Said certificates of insurance must contain a provision which states: “Such insurance as is afforded by these policies shall be Primary and Non-contributory to the full limits stated in the declarations, and if SANDAG, its Board of Directors, officers, employees or agents have other valid and collectible insurance for a loss covered by this policy, that other insurance shall be excess only.” Each certificate of

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insurance shall state that the policies may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration may be considered a cancellation.

XIII. INDEMNITY – HOLD HARMLESS

A. The Consultant expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the standards specified in Article V, Standard of Care. Where approval by SANDAG, the Executive Director or other representative of SANDAG is indicated, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards and liability for dam-ages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its Sub-Consultants.

B. With regard to the Consultant’s performance in connection with or incidental to the Project, but excluding its performance of professional services and the indemnification and hold harmless aspects thereto as set forth below, the Consultant agrees to defend, indemnify, pro-tect and hold SANDAG and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or prop-erty, including injury to the Consultant’s or its Sub-Consultants’ employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless or willful acts or omissions of the Consultant and its Sub-Consultants and their agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Consultant’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers or employees.

C. With regard to the Consultant’s performance of professional services, the Consultant agrees to defend, indemnify and hold harmless SANDAG, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorney’s fees, arising from the willful misconduct or negligent acts, errors or omissions of the Consultant and/or its Sub-Consultants associated with the Project.

XIV. AUDIT AND INSPECTION OF RECORDS

The Consultant shall maintain complete and accurate records with respect to actual time and allowable costs incurred under this Agreement. All such records shall be maintained on a generally-accepted accounting basis and shall be clearly identified. The Consultant shall provide reasonable access to the representatives of SANDAG, or its designees, including representatives of the applicable government agencies if this Agreement is funded in whole or in part with state or federal funds, to such books and records and any other books, documents, papers or records of the Consultant that are related to this Agreement. SANDAG, the State, the State Auditor, FHWA, FTA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations shall have the right to examine and audit such books and records and to make transcripts or copies from them as necessary. Consultant shall allow inspection of all work data, documents, proceedings, and activities related to this Agreement for a period of five (5) years from

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the date of final payment under this Agreement. This Article must be included in any subcontract entered into as a result of this Agreement.

XV. LAWS, VENUE AND DISPUTE RESOLUTION

A. This Agreement shall be interpreted in accordance with the laws of the State of California.

B. In the event Consultant has a dispute with SANDAG during the performance of this Agreement, Consultant shall continue to perform unless SANDAG informs Consultant in writing to cease performance. Consultant shall submit a statement of the grounds for the dispute including all pertinent dates, names of persons involved, and supporting documentation to SANDAG’s Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Consultant within 20 days. Upon receipt of an adverse decision by SANDAG, Consultant may submit a request for reconsideration to SANDAG’s Executive Director. The request for reconsideration must be received within ten days from the postmark date of SANDAG’s reply. The Executive Director will respond to the request for reconsideration within ten working days. The decision of the Executive Director will be final and in writing.

C. If Consultant is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Consultant shall make a written request to SANDAG for mediation. SANDAG shall respond to a request for mediation within ten business days. If SANDAG agrees mediation is appropriate, a mutually acceptable mediator shall be selected by the parties and the parties will proceed to mediation of the dispute.

D. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys’ fees, as determined by the court.

XVI. TERMINATION OR ABANDONMENT

A. Upon receipt of notice of termination, Consultant shall immediately cease all services unless the notice indicates otherwise, and notify SANDAG’s Project Manager of the status of Consultant’s performance.

1. Termination for Cause: Except as otherwise provided herein, if the Consultant fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant violates any of the covenants, conditions, or terms of this Agreement, SANDAG shall have the right to terminate this Agreement by giving at least five (5) days written notice to the Consultant of such termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, deliverables and reports prepared by the Consultant for this Project, whether completed or in process, shall be delivered by Consultant to SANDAG within 10 days and shall be SANDAG property. The Consultant shall not be relieved of liability to SANDAG for damages sustained by SANDAG by virtue of any breach of the Agreement

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by the Consultant, nor shall SANDAG be liable for any costs other than the fees or portions thereof specified herein.

In the event of termination for cause Consultant shall be liable for all expenses associated with SANDAG having to replace Consultant, including but not limited to procurement expenses and increases in the contract amount for the Project. SANDAG may withhold any payment(s) due to Consultant in order to cover such expenses.

2. Termination for Convenience: SANDAG may at any time terminate this Agreement for any reason by giving fifteen (15) days written notice of termination. Upon termination, the Consultant will be paid the reasonable value for services actually performed, based upon proration of the payment schedule set forth in this Agreement. All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, deliverables and reports prepared by the Consultant for this Project, whether completed or in process, shall be delivered by Consultant to SANDAG within 10 days of notice of termination and shall be SANDAG property. SANDAG shall have no other liability to Consultant or its Sub-Consultant(s) in the event of termination for convenience. Under no circumstances shall Consultant be paid an amount in excess of the maximum amount of the Agreement or any issued Task Order or for profit on unperformed portions of service. In the event of a dispute as to the reasonable value of the services rendered by Consultant, the decision of SANDAG’s Executive Director shall be final.

3. Termination Settlement Expenses: Termination settlement expenses shall be reimbursed in accordance with 48 CFR, Federal Regulations System, Chapter 1, Part 31. Notwithstanding the foregoing, subpart 31.205-42(c), concerning initial costs, shall not apply to architectural and engineering contract terminations.

XVII. DISENTANGLEMENT

A. General Obligations: Upon termination of the Agreement, Consultant shall accomplish a complete transition of the services being terminated from Consultant and any subConsultants to SANDAG, or to any replacement provider designated by SANDAG, without any interruption of or adverse impact on the services or any other services provided by third parties (the “Disentanglement”). Consultant shall cooperate with SANDAG and any new service provider and otherwise promptly take all steps required to assist SANDAG in effecting a complete Disentanglement. Consultant shall provide all information regarding the services or as otherwise needed for Disentanglement, including data conversion, files, interface specifications, training staff assuming responsibility, and related professional services. Consultant shall provide for the prompt and orderly conclusion of all work, as SANDAG may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to SANDAG or the SANDAG’s designee. All services related to Disentanglement shall be deemed a part of the base services and shall be performed by Consultant at no additional cost to SANDAG beyond what SANDAG would pay for the base services absent the performance of the Disentanglement

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services. Consultant’s obligation to provide the services shall not cease until Disentanglement is satisfactory to SANDAG, including the performance by Consultant of all asset-transfers and other obligations of Consultant provided in this Paragraph, has been completed.

B. Disentanglement Process: The Disentanglement process shall begin on any of the following dates:

(i) the date SANDAG notifies Consultant that no funds or insufficient funds have been appropriated so that the Agreement shall be terminated for convenience;

(i) the date designated by SANDAG not earlier than sixty (60) days prior to the end of any initial or extended term that SANDAG has not elected to extend pursuant to the Agreement or Task Order; or

(i) the date any Termination Notice is delivered, if SANDAG or Consultant elects to terminate any or all of the services pursuant to this Agreement. Subject to Exhibit A Consultant’s obligation to perform services, and SANDAG’s obligation to pay for services, shall expire upon termination except that Consultant shall remain obligated to provide Disentanglement services for up to twelve (12) months after any such termination date, at the rates set forth in the Agreement. Consultant and SANDAG shall discuss in good faith a plan for determining the nature and extent of Consultant’s Disentanglement obligations and for the transfer of services in process provided, however, that Consultant’s obligation under this Agreement to provide all services necessary for Disentanglement shall not be lessened in any respect. Consultant shall be required to perform its Disentanglement obligations on an expedited basis, as determined by SANDAG, if SANDAG terminates the Agreement for cause.

C. Specific Obligations: The Disentanglement shall include the performance of the following specific obligations:

1. Full Cooperation and Information: Upon Disentanglement, the parties shall cooperate fully with one another to facilitate a smooth transition of the services being terminated from Consultant to SANDAG or the SANDAG’s designated replacement provider. Such cooperation shall include the provision (both before and after the cessation of Consultant’s providing all or any part of the services under this Agreement) by Consultant to SANDAG of full, complete, detailed, and sufficient information (including all information then being utilized by Consultant) to enable SANDAG’s personnel (or that of third parties) to fully assume and continue without interruption the provision of the services.

2. No Interruption or Adverse Impact: Consultant shall cooperate with SANDAG and all of the SANDAG’s other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of services, no adverse impact on the provision of services or SANDAG’s activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties.

3. Third-Party Authorizations: Without limiting the obligations of Consultant pursuant to any other clause herein, Consultant shall, subject to the terms of any third-party

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contracts, procure at no charge to SANDAG any third-party authorizations necessary to grant SANDAG the use and benefit of any third-party contracts between Consultant and third-party Consultants used to provide the services, pending their assignment to SANDAG.

4. Licenses to Proprietary Software: For any software programs developed for use under SANDAG's contract, Consultant shall provide a nonexclusive, nontransferable, fully-paid, perpetual, irrevocable, royalty-free worldwide license to the SANDAG (or other service provider, as the case may be), at no charge to SANDAG, to use, copy, and modify, all Consultant underlying works and Consultant derivatives that would be needed in order to allow SANDAG to continue to perform for itself, or obtain from other providers, the services as the same might exist at the time of Disentanglement.

Consultant shall also provide SANDAG with a copy of each such program, in such media as requested by SANDAG, together with object code, source code, and appropriate documentation. Consultant shall also offer to SANDAG the right to receive maintenance (including all enhancements and upgrades) and support with respect to such Consultant underlying works and Consultant derivatives for so long as SANDAG requires, at the best rates Consultant is offering to other major customers for services of a similar nature and scope.

5. Transfer of Assets: Consultant shall convey to SANDAG, all SANDAG assets in Consultant’s possession and from among those assets then held by Consultant for the provision of services to SANDAG other than those assets expressly identified by the Parties from time to time as shared resources, such assets as SANDAG may select, at a price consisting of the net book value. Consultant shall promptly remove from SANDAG’s premises any Consultant assets that SANDAG, or its designee, chooses not to purchase.

6. Transfer of Leases, Licenses, and Contracts: Consultant, at its expense, shall convey or assign to SANDAG or its designee such leases, licenses, and other contracts used by Consultant, SANDAG, or any other person in connection with the services, as SANDAG may select, when such leases, licenses, and other contracts have no other use by Consultant. Consultant’s obligation described herein, shall include Consultant’s performance of all obligations under such leases, licenses, and other contracts to be performed by it with respect to periods prior to the date of conveyance or assignment and Consultant shall reimburse SANDAG for any losses resulting from any claim that Consultant did not perform any such obligations.

7. Delivery of Documentation: Consultant shall deliver to SANDAG or its designee, at SANDAG’s request, all documentation and data related to SANDAG, including the SANDAG data, held by Consultant, and Consultant shall destroy all copies thereof not turned over to SANDAG, all at no charge to SANDAG. Notwithstanding the foregoing, Consultant may retain one (1) copy of the documentation and data, excluding SANDAG data, for archival purposes or warranty support.

8. Hiring of Employees: Consultant shall cooperate with and assist (and shall cause its subConsultants to cooperate with and assist) SANDAG (or the SANDAG’s designee) in

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offering employment, at the sole discretion of SANDAG, to any or all Consultant employees (and to any or all employees of Consultant’s SubConsultants) that are substantially involved in the provision of services whether such offers are made at the time of, after, or in anticipation of expiration or termination of the Agreement term. Consultant shall be solely responsible for, and shall pay, all severance and related payments, if any are payable pursuant to Consultant’s standard policies, to any such employees of Consultant hired by SANDAG or its designee, and shall cause the relevant SubConsultant of Consultant to pay severance and related payments, if any are payable pursuant to such SubConsultant’s standard policies, to any such employee of a SubConsultant hired by SANDAG or its designee.

D. Preparation for Disentanglement

1. Complete Documentation: Consultant shall provide to SANDAG complete information, including complete documentation, as required to be provided under this Agreement, in accordance with the standards and methodologies to be implemented by Consultant, for all software (including applications developed as part of the services) and hardware, that is sufficient to enable SANDAG, or another service provider, to fully assume the provision of the services to SANDAG. Consultant shall provide such documentation for all upgrades to or replacements of software or hardware, concurrently with the installation thereof.

2. Maintenance of Assets: Consultant shall maintain all hardware, software, systems, networks, technologies, and other assets utilized in providing services to SANDAG (including leased and licensed assets) in good condition and in such locations and configurations as to be readily identifiable and transferable to SANDAG or its designees in accordance with the provisions of this Agreement; additionally, Consultant shall insure such assets in accordance with this Agreement.

3. Advance Written Consents: Consultant shall obtain advance written consents from all licensors and lessors to the conveyance or assignment of licenses and leases to SANDAG or its designee upon Disentanglement. Consultant shall also obtain for SANDAG the right, upon Disentanglement, to obtain maintenance (including all enhancements and upgrades) and support with respect to the assets that are the subject of such leases and licenses at the price at which, and for so long as, such maintenance and support is made commercially available to other customers of such third parties whose consent is being procured hereunder.

4. All Necessary Cooperation and Actions: Consultant shall provide all cooperation, take such additional actions, and perform such additional tasks, as may be necessary to ensure a timely Disentanglement in compliance with the provisions of this Article, including full performance, on or before the expiration date, of Consultant’s obligations under this Article.

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XVIII. CONFORMITY TO LEGAL REQUIREMENTS

A. Consultant shall comply with all Federal, State and local laws and ordinances applicable to this Agreement. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code section 1775 when applicable. Consultant shall cause all completed deliverables to conform to all applicable requirements of law: federal, state and local.

B. Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, consultants, and Sub-Consultants that are included in this Agreement.

XIX. CONFIDENTIALITY

Consultant shall not use for personal gain or make other improper use of privileged information that is acquired in connection with this Agreement. For purposes of this Agreement “privileged information” includes, but is not limited to, trade secret information, medical records, personnel records, home addresses, and phone numbers of any person, social security numbers, and knowledge of selections of Consultants or subConsultants in advance of an official announcement by SANDAG.

XX. INTELLECTUAL PROPERTY RIGHTS

Consultant agrees that any and all property rights, including intellectual property rights such as copyrights or patents that arise from creation of deliverables or other work product required by this Agreement shall be vested in SANDAG and hereby agrees to relinquish all claims to such property rights in favor of SANDAG.

XXI. PROHIBITED INTEREST/COVENANTS AGAINST CONTINGENT FEES

A. No elected official(s) of SANDAG or any of its member agencies, the State of California or the United States Government shall become directly or indirectly interested in or personally benefit from the financial proceeds of this Agreement or in any part of it. No officer or em-ployee of SANDAG shall become directly or indirectly interested in or benefit from the financial proceeds of this Agreement or any part of it.

B. Consultant warrants that its firm has not employed, retained, paid, or agreed to pay any com-pany or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement.

For breach or violation of this warranty, SANDAG shall have the right to annul this Agreement without liability, or at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

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C. Certifications on Lobbying (Exhibit E) are required for contracts exceeding $100,000. Consultant assures that no federal funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of this Agreement. Exhibit E to this Agreement, entitled “Certifications On Lobbying,” which was submitted by Consultant at the time its proposal was submitted, is hereby incorporated by reference.

D. Consultant agrees to comply with the provisions of 31 U.S.C. Section 1352, which prohibit the use of federal funds for lobbying any official or employee of any federal agency, or member or employee of Congress; and require Consultant to disclose any lobbying of any official or employee of any federal agency, or member or employee of Congress in connection with federal assistance. Consultant agrees to comply with U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. Part 20.

XXII. CONFLICT OF INTEREST

Consultant shall file a Conflict of Interest Statement with SANDAG’s Executive Director if it is required by SANDAG’s Conflict of Interest Code. Consultant is responsible for determining it is a “Consultant” for purposes of the Political Reform Act and such code, and for compliance with any applicable financial disclosure requirements.

Consultant represents that to its knowledge, entry into this Agreement will not result in a conflict of interest prohibited by California Government Code section 1090 for SANDAG’s employees or Board of Directors.

Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that Consultant has diligently conducted a search and inventory of Consultant’s economic interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant’s knowledge, have an economic interest which would conflict with Consultant’s duties under this Agreement. Consultant agrees to scrupulously avoid performing services for any person or entity or entering into any contractual or other relationship with any person or entity which might create a conflict with the rendering of services under this Agreement. Consultant will immediately advise the General Counsel of SANDAG if Consultant learns of an economic interest or other prohibited conflict of interest of Consultant’s during the term of this Agreement.

XXIII. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

A. In connection with the performance of this Agreement, the Consultant will cooperate with

the Department of Transportation (DOT) and SANDAG in meeting their commitments and goals with regard to the maximum utilization of DBEs. It is DOT, as well as SANDAG, policy that DBEs shall have an equal opportunity to participate in performance of contracts financed

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in whole or in part with DOT funds. This Agreement will be financed in whole or in part with DOT funds.

B. The Consultant shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” (the Regulations) in the award and administration of this Agreement. The Regulations in their entirety are incorporated herein by reference. The Consultant shall not discriminate on the basis of race color, national origin or sex in the performance of this Agreement.

C. The DBE participation for this Agreement is six (6%) percent. Only firms with certified DBE status will be counted toward the DBE goal. A minority or woman-owned business will receive DBE credit on a federal project only if the minority or woman-owned business is certified by CALTRANS as DBE. Consultant shall provide all DBEs, vendors and suppliers it agreed would provide a commercially useful function on this contract in order to receive credit toward the established DBE goal.

D. General DBE Participation Requirements

1. Noncompliance by the Consultant with the requirements of the Regulations is a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedy as SANDAG deems appropriate.

2. The Consultant shall include the following in each subcontract the Consultant signs with a Sub-Consultant:

a. Sub-Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.

b. Sub-Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Agreement.

c. Language providing for the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes.

d. If Sub-Consultant is a DBE and is decertified during the life of the Agreement, within five (5) working days, the decertified Sub-Consultant shall notify the Consultant and SANDAG in writing of the date of decertification. If a Sub-Consultant becomes a certified DBE during the life of the Agreement, the Sub-Consultant shall notify the Consultant and SANDAG in writing, within five (5) working days of the date of certification.

E. Performance Requirements

1. DBE prime Consultants must perform at least 30 percent of the total cost of this Agreement with their own work force.

2. DBE Sub-Consultants shall perform the work and supply the materials for which they have been listed in the Consultant’s response to the Request for Proposals unless the Consultant has received prior written authorization to perform the work with other

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forces or to obtain the materials from other sources as set forth in the subparagraph of this Article, entitled “DBE Substitution or Additions.”

F. Prompt Payment

The Consultant shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed Sub-Consultants (DBE or nonDBE), or by the Consultant’s own forces, pursuant to prior written authorization of SANDAG. This is the case even if other work under the Agreement is not completed and has not been accepted in conformance with the terms of the Agreement. The Consultant shall pay all DBE Sub-Consultants and nonDBE Sub-Consultants for satisfactory performance of their contracts within thirty (30) days from receipt of each Sub-Consultant invoice. Consultant must pay all DBE and nonDBE Sub-Consultants prior to requesting payment from SANDAG for those expenses. Consultant agrees further to release retainage payments to each Sub-Consultant within 10 (ten) days after Consultant receives payment of the retainage from SANDAG. Consultant shall comply with California Business & Professions Code section 7108.5 and California Public Contract Code sections 10262 and 10262.5.

G. Progress Pay Retention to DBE and NonDBE Sub-Consultants

The Consultant shall return all moneys withheld in retention from a Sub-Consultant to SANDAG within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of this Agreement or another contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Consultant or Sub-Consultant in the event of a dispute involving late payment or nonpayment to the Consultant or deficient subcontract performance or noncompliance by a Sub-Consultant.

H. DBE and Non-DBE Sub-Consultant Payment Records

1. The Consultant, in addition to maintaining records showing the name and business address of each first tier Sub-Consultant, shall also show the name and business address of every DBE Sub-Consultant and DBE vendor of materials, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. If the Consultant is a DBE prime Consultant, it shall also show the date of work performed by its own forces along with the corresponding dollar value of work.

2. Within 30 days of completion performance under the Agreement, a summary of these records shall be prepared on attached Exhibit G (“Final Report – Utilization of DBE”) and certified correct by the Consultant or the Consultant’s authorized representative, and shall be furnished to SANDAG. Exhibit G shall be furnished to SANDAG with the final invoice. Failure to provide the summary of DBE payments in compliance with the DBE requirements in this Agreement with the final invoice will result in the invoice being in dispute until the report is received. Ten thousand dollars ($10,000) will be withheld from payment if Exhibit G is not submitted with Consultant’s final invoice. The amount will be paid to the Consultant when Exhibit G is submitted.

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I. DBE Substitutions or Additions

1. The Consultant may not substitute, or terminate for convenience a Sub-Consultant or supplier listed in the original bid/proposal without the prior written approval of SANDAG. The Consultant may, however, add a firm to perform work originally planned to be done by the Consultant's own forces with SANDAG’s written approval. The Consultant must make an adequate good faith effort to find another certified DBE Sub-Consultant to substitute for the original DBE. The Consultant will be required to make good faith efforts to replace the original DBE Sub-Consultant with another DBE Sub-Consultant to the extent needed to meet the Agreement goal. (See 49 CFR Part 26, Appendix A for examples of good faith efforts.) The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the Agreement. DBEs must be certified at the time of the substitution or addition.

2. Consultants shall submit requests for substitution in writing to SANDAG. Authorization to use other Sub-Consultants or suppliers may be requested for the following reasons:

a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this Agreement or on the terms of such Sub-Consultant’s or supplier’s written bid, is presented by the Consultant.

b. The listed DBE becomes bankrupt or insolvent.

c. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials.

d. The Consultant stipulated that a bond was a condition of executing a subcontract and the listed DBE Sub-Consultant failed or refuses to meet the bond requirements of the contract.

e. The listed DBE was the result of an inadvertent clerical error. The Consultant must have asserted a claim of inadvertent clerical error in listing the Sub-Consultant within two working days after the bid opening and must have sent copies of that notice to both the Sub-Consultant he or she claims to have listed in error and intended Sub-Consultant who had bid to the Consultant prior to bid/proposal opening.

f. The listed DBE was not licensed as required by the State of California Consultant’s Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions.

g. The work performed by the listed Sub-Consultant is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the Sub-Consultant is substantially delaying or disrupting the progress of the work.

h. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

i. When it is in the best interest of SANDAG.

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3. Prior to approval of the Consultant’s request for substitution to SANDAG, the Consultant shall give notice in writing to the listed DBE Sub-Consultant of the Consultant’s request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the Sub-Consultant and shall contain SANDAG’s address. The notice shall inform the Sub-Consultant that it must submit a written objection to SANDAG within 5 working days and that failure to do will be considered waiver and consent to substitution. The listed Sub-Consultant who has been so notified, shall have five working days within which to submit written objections to the substitution to SANDAG. Failure to respond with a written objection shall constitute the listed Sub-Consultant’s consent to the substitution. A copy of the notice shall be provided to SANDAG by the Consultant on the same day it is served on the Sub-Consultant.

J. Termination of a DBE

1. In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Consultant shall not terminate a listed DBE Sub-Consultant for convenience and then perform that work with its own forces (personnel), or those of an affiliate, unless the Consultant has received prior written authorization from SANDAG to perform the work with other forces or to obtain materials from other sources.

2. If a DBE Sub-Consultant is terminated or fails to complete its work for any reason, the Consultant will be required to make good faith efforts to replace the original DBE Sub-Consultant with another DBE Sub-Consultant to the extent needed to meet the contract goal. (See 49 CFR Part 26, Appendix A for examples of good faith efforts.) Consultant is required to notify SANDAG immediately of a DBEs inability or unwillingness to perform and provide reasonable documentation. If Consultant fails to provide SANDAG with copies of new or amended subcontracts or documentation of good faith efforts, SANDAG may issue an order stopping all or part of payment or work under the Agreement until satisfactory action has been taken or may terminate the Agreement.

K. DBE Certification Status

If a DBE Sub-Consultant is decertified during the life of the Agreement, within five (5) working days, the decertified Sub-Consultant shall notify the Consultant and SANDAG in writing of the date of decertification. If a Sub-Consultant becomes a certified DBE during the life of the Agreement, the Sub-Consultant shall notify the Consultant and SANDAG in writing, within five (5) working days of the date of certification. Upon completion of performance under the Agreement, Consultant shall prepare, sign, certify as correct, and submit Form CEM-2403(F) (Disadvantaged Business Enterprise Certification Status Change) indicating the DBEs’ existing certification status.

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L. DBE Eligibility Toward Goal

1. The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid.

2. Credit for DBE Prime Consultants

If the Consultant is the prime Consultant and is a certified DBE, it is eligible to claim its own work toward the DBE goal.

3. Credit for Material or Supplies

Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

XXIV. SUCCESSORS OR ASSIGNS

Subject to the provisions of Article XIII, “Indemnity - Hold Harmless,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.

XXV. NONDISCRIMINATION

A. Consultants doing business with SANDAG must be equal opportunity employers who achieve or attempt to achieve parity in the representation of women and minorities in their work force.

B. The Consultant shall ensure equal employment opportunity for all persons. Consultant and its Sub-Consultants shall not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, medical condition, physical or mental disability, Vietnam-era veteran or special disabled veteran status, marital status or citizenship, within the limits imposed by law. These principles are to be applied by the Consultant in all employment practices, including recruiting, hiring, transfers, promotions, training, compensation, benefits, layoffs, and terminations.

C. During the performance of this Agreement, Consultant agrees to comply with all the requirements imposed by Title VI and Title VII of the Civil Rights Act of 1964, as amended, and

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the regulations issued thereunder (Executive Order 11246), the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and any other applicable federal and state laws and regulations subsequently enacted.

D. The Consultant shall have a written Equal Employment Opportunity Program in conformance with regulations of the Department of Transportation. The Program shall contain, at a minimum, the required provisions as outlined and described in FTA Circular 4704.1 “Equal Employment Opportunity Program Guidelines for Grant Recipients,” dated July 26, 1988. A copy of the Equal Employment Opportunity Program that is in place for the period of time covered by this Agreement shall remain on file with the Consultant for a period of five (5) years after completion of work covered by this Agreement.

E. Consultant agrees to comply with and assure that Sub-Consultant complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA) and all U.S. DOT regula-tions regarding nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. No otherwise qualified person with a disability shall solely, by reason of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.

F. During the performance of this Agreement, the Consultant further agrees as follows:

1. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. Consultant will, in all solicitations or advancements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of Consultant's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. Consultant will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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5. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, as amended, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. Consultant will include the provisions of this Article in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended so that such provisions will be binding upon each Sub-Consultant or vendor. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a Sub-Consultant or vendor as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

XXVI. INCORPORATION OF FEDERAL/STATE GUIDELINES

All relevant federal and state grant provisions and guidelines, as presently written or as changed during the life of this Agreement, bearing on this Agreement, are hereby wholly incorporated by reference herein and made a part of this Agreement and take precedence over any inconsistent terms of this Agreement. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.

Specific guidelines shall be those prescribed by “Federal Transit Administration Master Agreement” (Form FTA-MA) 49 CFR Part 18, and Federal Transit Administration (FTA) Circular 4220.1E, “Third Party Contracting Requirements” and OMB Circular A-102 “Uniform Requirements for Grants and Cooperative Agreements with State and Local Governments.”

XXVII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSI-BILITY MATTERS

Debarment and Suspension certification is required for all procurements exceeding $25,000. The Federal Transit Administration (FTA) shall be informed of any certification exceptions. Exhibit F to

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this Agreement, entitled “Certifications Regarding Debarment, Suspension, and Other Matters,” which was submitted by Consultant at the time its proposal was submitted, is hereby incorporated by reference.

Consultant certifies, to the best of its knowledge and belief, that Consultant and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this proposal or Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph B above; and

4. Have not within a three-year period preceding this proposal or Agreement had one or more public transactions terminated for cause or default.

Should Consultant be unable to certify to any of the statements above, Consultant shall attach an explanation to this Agreement.

XXVIII. COST PRINCIPLES

Consultant agrees that Contract Cost Principles and Procedures, Federal Acquisition Regulations in Title 48, Part 31 et seq., of the Code of Federal Regulations, govern allowable elements of cost under this Agreement. Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Requirements for Grants and Cooperative Agreements with State and Local Governments. Any costs for which payment has been made to Consultant that are later determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by Consultant to SANDAG. Any subcontract, entered into as a result of this contract, shall contain all the provisions of this Article.

XXIX. BUY AMERICA

Consultant must conform with the Surface Transportation Assistance Act of 1982 (Section 165) as amended by Section 337 (23 U.S.C. §101) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Section 1048 of the Intermodal Surface Transportation Efficiency Act of 1991, and FTA regulations, “Buy America Requirements - Surface Transportation Assistance Act of 1982,” 49 C.F.R. Part 661 and applicable revisions thereto.

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XXX. PRE-AWARD AUDITS

Consultant has undergone a pre-award audit. The Federal Highway Administration, or Caltrans acting on its behalf, has issued an Authorization to Proceed with the Project utilizing Consultant’s services. An additional audit may need to be carried out if this Agreement is amended, legal requirements change, or circumstances warrant additional auditing. Consultant agrees to fully cooperate if an additional audit is requested.

XXXI. COMPLIANCE WITH CLEAN AIR AND WATER LAWS

Consultant agrees to comply with the requirements of Section 114 of the Clean Air Act as amended, 42 U.S.C. § 7414, and other applicable provisions of the Clean Air Act, 42 U.S.C. § 7401 et seq. Consultant further agrees to comply with all requirements of Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1318, and other applicable provisions of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. Consultant shall include these requirements in any subcontract exceeding $100,000.

XXXII. CONSULTANT’S SAFETY-SENSITIVE EMPLOYEES

Consultant agrees to implement a drug and alcohol program which is compliant with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation, the California Department of Transportation, or SANDAG to inspect the facilities and records association with the implementation of the drug and alcohol testing program, as required under Parts 653 and 654, and review the testing process.

XXXIII. ORDER OF PRECEDENCE

SANDAG’s Request for Qualifications (RFQ) and Consultant’s proposal concerning the Project are hereby incorporated by reference except to the extent they may conflict with the terms of the Agreement. In the event of conflicting provisions, the following order of precedence will apply: 1) the Agreement; 2) the RFQ; 3) Consultant’s proposal as accepted and approved by SANDAG..

XXXIV. ADMINISTRATION

Consultant proposes to assign [name of person TBD] as its Project Manager to provide supervision and have overall responsibility for this Agreement for Consultant. The Project Manager shall not be removed from the project or reassigned without prior approval of SANDAG. Consultant must obtain approval from SANDAG in writing before assigning a new Project Manager to the Project. No subcontracting of these professional services shall be made without prior approval of SANDAG.

XXXV. HEADINGS

Article headings in this Agreement shall not be used to alter the plain meaning of the text in this Agreement.

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XXXVI. NOTICES

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:

San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Mr. Erlinda Avena Telephone: 619-699-1984 Consultant: [TBD] [Consultant Name] [Consultant Street Address] [City, State, Zip] Attn: [Consultant Project Manager] Telephone:

and shall be effective upon receipt thereof.

XXXVII. PRESERVATION OF AGREEMENT

Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable.

XXXVIII. SIGNATURES

The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date written above.

SAN DIEGO ASSOCIATION OF GOVERNMENTS

[CONSULTANT]-TBD

GARY L. GALLEGOS Executive Director

[Consultant Representative] [Consultant Representative Title]

APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY:

Consultant Federal Tax Number:

[Consultant Federal Tax Number]

Office of General Counsel

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EXHIBIT A – SCOPE OF WORK

TABLE OF CONTENTS

I. PROJECT SUMMARY..................................................................................................................... 45

A. Project Background ............................................................................................................ 45

B. Project Description.............................................................................................................. 46

C. Scope of Work..................................................................................................................... 47

Task One: Project Coordination and Progress Reporting Procedures ....................... 47

Task Two: Route and Station/Stop Locations .............................................................. 47

Task Three: Land Use Coordination ............................................................................... 48

Task Four: Confirmation of Priority Treatment Plan................................................... 48

Task Five: Conceptual Engineering ............................................................................. 49

Task Six: Traffic Impact Analysis ................................................................................ 49

Task Seven: Prepare Urban Design and Pedestrian Access Plan ................................... 49

Task Eight: Develop Engineering/Site Plans for the Street Improvements, Station/Stops, and Priority Treatments Identified in Task Seven ............. 50

Task Nine: Cost Estimates .............................................................................................. 51

Task Ten: Phasing Strategy.......................................................................................... 51

Task Eleven: Environmental Coordination ...................................................................... 52

Task Twelve: Agency Coordination and Public Involvement.......................................... 52

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Exhibit A

SCOPE OF WORK

I. PROJECT SUMMARY

A. Project Background

On June 27, 2002, the MTD Board of Directors approved the Mid-Coast Action Plan that included both regional services and internal circulators. The Action Plan is now the focus of service and infrastructure design. The result will be identification of Near-Term (5- to 10-years), Mid-Term (10- to 15-years), and Long-Term (15- to 20-years) Programs that would phase in the full Action Plan. Since June 2002, we have focused on the Near-Term program and developed details of services and facilities with the expectation that some could be implemented as Early Action Elements (within five years). The Action Plan of Projects includes the highest priority projects in the Mid-Coast area as determined by our travel-demand analyses, the San Diego Association of Governments’ (SANDAG’s) Regional Transit Vision project evaluation for the 2030 Regional Transportation Plan, and Project Review Committee (PRC) input. The Early Action Project would be implementation of the Super Loop, which is at the core of the overall service plan concept. Implementation of the Super Loop would require the construction of stations, implementation of priority treatments (e.g., transit only lanes, signal priority, queue jumpers, etc.), deployment of “branded” vehicles, and the restructuring and integration of regional routes. The Super Loop focuses on providing swift and frequent transit connections in both directions along the major corridors and between the major activity centers in the community. The Super Loop would be the focus of priority treatments, and station spacing will be greater than in traditional transit services. The Super Loop would serve three primary functions:

High speed internal community circulator connecting:

UCSD (west campus along Gilman Drive)

La Jolla Village Square

Nobel Drive high-density residential (near Regents Road)

UTC

Nobel Coaster Station

Executive Way/Genesee Avenue office concentrations

UCSD (East Campus)

Distribution and collection for existing and future regional services to I-5, I-805, and Genesee Avenue.

Priority treatments corridor for use by other transit vehicles as appropriate.

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To achieve the service objectives of the Super Loop, it is necessary to implement transit priority treatments to reduce travel times, limit the impacts of traffic congestion, and increase the predictability of travel times. The general categories of priority treatments and the types of signal priority treatments are:

Signal Priority Only

Physical Improvements Only

Localized Signal and Physical Priority Treatments

System Signal and Physical Priority Treatments There are 10 to 13 Super Loop stations proposed (depending on whether the alignment penetrates further west into the UCSD campus) that may or may not be separate from existing bus and planned community stops. Super Loop stations would be branded; have an average spacing of 0.6 miles; provide shelter, leaning rails or benches, and lighting; and have real time next-bus arrival electronic signs. Frequencies proposed on the Super Loop would be a maximum of 7.5 minutes during peak periods and 15 minutes during off-peak periods. Super Loop service would maintain these headways separate from regional and community circulator services that may travel along the Super Loop. The objective is to provide travelers with confidence that they can arrive at a Super Loop station and the next vehicle will be along in a “couple of minutes” without concern for the exact time.

B. Project Description

The Super Loop Transit Project is planned as a local circulator route with extensive transit priority features (both physical and signal). The route is located in the University City area and is proposed to operate:

East-west along Nobel Drive

North-south along Judicial Drive (under construction)

East-west along Executive and Gilman Drive

North-south along Villa La Jolla forming a loop connecting the major activity centers in the University Town Center/University of California (UTC/UCSD) area.

A map of the proposed routing is shown as Exhibit F. The route is proposed to operate with 7.5 minute peak frequencies, with 15 minute off-peak frequency and would run between 5:00 a.m. and 1:00 a.m. Project tasks associated with this contract include the following:

Refinement of the Route and Station Locations (as shown in the attached Mid-Coast Action Plan)

Traffic Impact Analysis

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Priority Treatment Plan

Preliminary Engineering Site Plans

Capital Cost Estimates

Identification of Environmental Document Requirements

Agency Coordination/Public Involvement The consultant must demonstrate the skills and previous experience to complete these tasks.

C. Scope of Work

TASK ONE: PROJECT COORDINATION AND PROGRESS REPORTING PROCEDURES

The consultant shall communicate and coordinate work and progress on the project with the Project Manager. Coordination and administration for the project shall include, but not be limited to a project management plan, tracking system, computerized project folder, monthly status and progress reporting, and monthly invoices. Deliverable:

Project Management Plan

Tracking/Reporting System

Computerized Project Folder

Monthly Progress Reports

TASK TWO: ROUTE AND STATION/STOP LOCATIONS

The purpose of this task is to:

Refine the station locations on the Super Loop (as defined in Exhibit H the “Mid-Coast Transit First Study Action Plan-Early Action Project”),

Identify and recommend a station location on the Voigt Drive alternative,

Evaluate the route alternatives between Gilman Drive and Villa La Jolla as identified in the Mid-Coast Action Plan dated September 2003 and develop a preferred alternative.

Evaluate and refine connections with the Mid-Coast light rail line.

Evaluate and refine connections with local and corridor/regional bus services

Develop conceptual and site specific planning for pedestrian linkages. The consultant should identify station/stop footprints taking into consideration existing and future access, walk-and-wait environments, existing and future local bus stops, and land use integration, including coordination with local and regional plans. The consultant also should evaluate candidate

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station/stop right-of-way acquisition requirements and impacts to on-street parking. SANDAG staff will provide an operating plan for Super Loop project. Deliverables:

Technical Memorandum – Route and Station/Stop Locations summary

Display Maps (station footprints, relationship to auto traffic, connections with other transit routes, illustration of how multiple buses would use stops.

TASK THREE: LAND USE COORDINATION

The consultant should identify existing and future land uses planned for the station sites. Land use consideration should include working with the City of San Diego to identify land use potential, redevelopment, changes to the General Plan. Consultant will also be asked to work with SANDAG staff to evaluate land use changes as a result of the Regional Comprehensive Plan and the Regional Transportation Plan.

Other components of this task could include:

Evaluation of land use implications in areas surrounding candidate station locations.

Provide suggestions for promoting supportive land-uses near candidate station locations.

Assessing ability to provide front-door access at identified candidate station locations.

TASK FOUR: CONFIRMATION OF PRIORITY TREATMENT PLAN

The consultant will also be responsible for developing plans, specifications, and estimates for all equipment needed to operate the traffic signal transit priority system that is recommended by SANDAG. SANDAG is in the process of determining which signal priority technology will be used in the region. This information will be provided to the consultant. Finally, the consultant will be responsible for reviewing and confirming the proposed transit priority treatment locations and options identified in the Mid-Coast Action Plan dated September 2003. The consultant will prepare a working map showing the location and type of priority treatments and candidate station locations. This should include major transfer points, major trip generators, and surrounding land uses. Deliverable:

Technical Memorandum: Transit Priority Plan

Maps (public display ready) displaying proposed services, priority treatments, station locations, and land uses

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TASK FIVE: CONCEPTUAL ENGINEERING

Once the stations/stops have been identified for this route, the consultant will be responsible for developing sketch level drawings indicating the right-of-way required for the stations/stops, layout, right-of-way required for priority measures (dedicated lanes, queue jumpers) access into and out of the station/stop (pedestrian and vehicular), land-use integration, and park-n-ride capability Deliverable:

Conceptual maps (public-display ready) displaying proposed alignment, priority treatments, station/stop locations, and land uses

TASK SIX: TRAFFIC IMPACT ANALYSIS

This task will analyze the traffic impacts of the proposed Super Loop Project, including the impacts to street segments and key intersections resulting from the conversion of travel lanes to transit lanes, modifications to streets, and signal priority measures. The analysis will identify existing and future volume/capacity ratios and/or levels of service. The traffic study may result in alignment or design modifications to the Super Loop Project. It will also be a key component of the environmental document that will be prepared by our General Environmental Consultant.

Conduct traffic study, including traffic counts, delay analysis, and projected future year turning movements for key intersections where the Super Loop design includes converting a travel lane to a transit-only lane, intersection modifications, and signal priority measures.

The traffic study will also examine other locations that may be affected by the Super Loop Project, including impacts on cross streets, parallel and nearby neighborhood streets, parking, pedestrian crossings, driveway and property access, future LRT operations, emergency access, bicycles, loading docks, traffic-calming measures, and sidewalks.

Further testing of selected intersections and street segments may be required as a result of findings from other tasks.

Deliverable:

Technical Memorandum “Traffic Impact Analysis”

TASK SEVEN: PREPARE URBAN DESIGN AND PEDESTRIAN ACCESS PLAN

This task will develop a plan for urban design improvements to the Mid-Coast Action Plan. It will prepare text and drawings for pedestrian access and urban amenities at selected stations/stops.

Prepare a base map for the route for use in public meetings and for planning purposes.

Prepare a streetscape plan for selected station/stops landscaping, paving, pedestrian access improvements, street furniture, lighting, pedestrian crossings and ramps, and curb extensions/ pop-outs. Include a discussion of maintenance and utility impacts.

Develop recommendations for consolidating existing local bus stops where appropriate.

Prepare an urban design plan for selected stations/stops including text and diagrams.

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Deliverables:

Base map(s)

Display-Size Urban Design/Pedestrian Access Plan

Technical Memorandum: Urban Design/Pedestrian Access Plan

TASK EIGHT: DEVELOP ENGINEERING/SITE PLANS FOR THE STREET IMPROVEMENTS, STATIONS/STOPS, AND PRIORITY TREATMENTS IDENTIFIED IN TASK SEVEN

Task 8.1: Prepare Basis for Design Report

The Basis for Design Report should be a written description of what will be designed along with the guiding principles that will be applied during design and a listing of specific design requirements. The Basis for Design Report shall include any recommended deviations from past standard practices, the MTDB Designing for Transit Manual, or the City’s Draft Street Design Manual, and list deficiencies in known information, recommendations for additional investigations, and assumptions that will be used during the design. The consultant shall meet with SANDAG, the City, Caltrans, and other key project stakeholders to better define the requirements of the design and incorporate direction given in these meetings in the Basis for Design Report.

Task 8.2: Engineering/Site Plans for Stations and Street Improvements

Develop 30 percent design drawings depicting typical cross sections of roadways showing the Super Loop in the City’s right-of-way. In addition, provide drawings showing typical roadway layout plans.

Develop 30 percent design drawings for the stations/stops, priority treatments, streets, and intersections that require modification. All plans shall be produced using computer-aided design development (CADD) and be transmitted to SANDAG upon request and at the completion of design in AutoCAD 14 drawing format on compact disc (CD-ROM).

Develop station shelter plans. A typical station shelter shall be designed for use at each station/stop that may be modified in color and detail to be specific for each station/stop. Up to three shelter design options shall be developed by the consultant at a conceptual level including layout plan, elevations, and up to six perspective renderings (two per shelter option).

Determine station/stop and street right-of-way requirements and provide right-of-way impacts.

For station/stop and priority measure locations, identify possible engineering, community, and environmental issues and constraints. Where constraints are identified, coordinate with the environmental consultant and provide suggestions for mitigation.

Estimate capital costs of identified priority treatments, stations/stops, and transit lanes. Task 8.3: Evaluation

Conduct a cost/benefit and trade-off analysis of how each priority measure related to passenger travel time, reliability and mobility, and implementation feasibility, constraints, and cost.

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Deliverables:

10 percent design/review

Basis for Design Report

30 percent engineering drawings of alignment and station/stop site plans

Station/stop shelter plans

Technical memorandum summarizing right-of-way requirements, environ-mental constraints, capital cost estimates, and cost/benefit/trade-off analysis

Display maps

TASK NINE: COST ESTIMATES

Develop productivity indicators for the service options. These should include measures such as passengers per vehicle hour, passengers per vehicle mile, and cost per passenger.

Refine the capital cost estimates for priority treatments, stations/stops, transit-only lanes, equipment, and vehicle acquisition. The estimates should be broken down to enable develop-ment of the project in phases as funds become available.

Prepare operating cost assumptions and estimates. Deliverable:

Technical Memorandum, “Operating and Capital Cost Estimates" to include a detailed matrix outlining each of the costs for priority treatments, station/ stops, transit-only lanes, equipment, and vehicle costs (Operating costs should be broken down annually)

TASK TEN: PHASING STRATEGY

Develop a phasing plan for implementation of the Super Loop Transit Project. The phasing plan will identify which actions are dependent upon other actions and which can be implemented independently. The phasing plan should clearly indicate how the Super Loop could be phased into its entirety. The phasing plan should build off an initial implementation plan, and then look at each subsequent phase for full implementation. Each phase should indicate what is required in terms of capital acquisition and/or construction, how the service would operate (service plans), and how the project would be built up to achieve full Super Loop implementation. The phasing plan should also include a separate component that assumes the current TransNet expenditure plan assumptions as well as an analysis of the impacts and timing if TransNet is not passed. Deliverable:

Technical Memorandum: “Phasing/Implementation Plan”

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TASK ELEVEN: ENVIRONMENTAL COORDINATION

The consultant shall be responsible to coordinate with SANDAG’s General Environmental Planning Consultant on the development of the appropriate environmental documentation.

TASK TWELVE: AGENCY COORDINATION AND PUBLIC INVOLVEMENT*

The consultant may be asked to participate fully at each stage of public outreach. The consultant may be asked to attend and assist with the preparation of materials for project status meetings, project briefings, and Project Development Team (PDT) meetings. The consultant may be asked to be available to assist with preparation for formal SANDAG Committee and Board meetings, City of San Diego Meetings, and Caltrans meetings. Under the supervision and direction of the SANDAG project manager, the consultant may be asked to assist with outreach to various elected officials/staff, community and neighborhood organizations, business organizations, property owners, and other stakeholders and interested parties. SANDAG shall direct and approve all contacts with elected officials, staff, and the media. The consultant shall take and record detailed notes of comments and concerns raised at all community workshops and public meetings and provide minutes of meetings, including issues raised and actions required. * Optional, at SANDAG’s option – MUST BE Priced Separately by all Proposers.

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Exhibit B

PAYMENT AND ACTIVITY SCHEDULE

TO BE DETERMINED

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Exhibit C

CERTIFICATES OF INSURANCE AND

ADDITIONAL INSURED ENDORSEMENTS

The certificates must be provided by the Consultant before the contract is signed.

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Exhibit D

CERTIFICATIONS ON LOBBYING

Name of Applicant: ___________________________________________________________________ Name of Authorized Representative: ___________________________________________________ Relationship of Authorized Representative: _____________________________________________

An Applicant that submits, or intends to submit this fiscal year, an application for U.S. DOT assistance exceeding $100,000 must provide the following certification. U.S. DOT may not provide federal assistance for an application exceeding $100,000 until the Applicant provides certification of the following by signing the signature page at the end of this document.

In accordance with U.S. DOT regulations, “New Restrictions on Lobbying,” at 49 CFR 20.110, 49 CFR Part 19, Appendix A, and the Lobbying Disclosure Act of 1995, for each application for federal assistance exceeding $100,000, the Applicant’s authorized representative certifies to the best of his or her knowledge and belief that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the

Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Applicant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions (as amended by “Government Wide Guidance for New Restrictions on Lobbying” 61 Fed. Reg. 1413 (1/19/96)).

C. The Applicant shall require that the language of this certification be included in the award documents for each sub-award at any tiers (including subcontracts, sub-grants, sub-agreements, and contracts under grants and cooperative agreements financed with U.S. DOT assistance) and that each sub-recipient shall certify and disclose accordingly.

The Applicant understands that: (1) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into; (2) Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.

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§1352 (as amended by the Lobbying Disclosure Act of 1995); and (3) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. In signing this document, I declare under the penalty of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant, are true and correct. In addition, Applicant understands and agrees that the provisions of 31 U.S.C. §3801, et seq., apply to this certification and disclosure, if any. Date: ______________________________ _________________________________________________ Authorized Representative of Applicant

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Exhibit E

CERTIFICATION REGARDING DEPARTMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

Name of Applicant: ___________________________________________________________________ Name of Authorized Representative: ___________________________________________________ Relationship of Authorized Representative: _____________________________________________

In accordance with the provisions of U.S. Department of Transportation (U.S. DOT) regulations on Government-wide Debarment and Suspension (Non procurement) at 49 CFR 29.510, the Applicant (Participant) agrees as follows: A. By signing and submitting this certification, the Participant is providing the certification set

out below. B. The certification in this clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the Participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

C. The Participant shall provide immediate written notice to the person to whom this

certification is submitted if at any time the Participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

D. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered

transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact SANDAG for assistance in obtaining a copy of those regulations.

E. The Participant agrees by submitting its proposal that, should the proposed covered

transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by SANDAG.

F. Participant further agrees by submitting this proposal that it will include this Article in all

lower tier covered transactions and in all solicitations for lower tier covered transactions.

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G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

H. Nothing contained in the foregoing shall be construed to require establishment of a system

of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph E of these instructions, if a participant in

a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

J. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower

Tier Covered Transactions

1. The prospective lower tier participant certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where Participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its proposal.

In signing this document, I declare under the penalty of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Participant are true and correct. Date: ______________________________ _________________________________________________ Authorized Representative of Applicant

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EXHIBIT G FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS

(FEDERALLY-FUNDED PROJECTS) CP-CEM-2402(F) (REV. 10/99) CT#7541-3502-2 CONTRACT NUMBER

COUNTY

ROUTE

POST MILES/POST KILOMETERS

FEDERAL AID PROJECT No.

ADMINISTERING AGENCY

CONTRACT COMPLETION DATE

PRIME CONTRACTOR

BUSINESS ADDRESS

ESTIMATED CONTRACT AMOUNT $

CONTRACT PAYMENTS ITEM NO.

DESCRIPTION OF WORK PERFORMED

AND MATERIALS PROVIDED

SUBCONTRACTOR NAME AND BUSINESS

ADDRESS

DBE CERT. NO. NON-DBE DBE* DBE, SMBE* DBE, SWBE*

DBE, SMBE, SWBE*

DATE WORK COMPLETE

DATE OF FINAL

PAYMENT

ORIGINAL COMMITMENT:

$ $ TOTAL

$

$

$

$

$

DBE

$

DBE, SMBE

$

DBE, SWBE DBE, SMBE, SWBE

*The decision of which column to be used for entering the DBE dollar value is based on what Program (s) the firm is

Certified. This Program status is determined by the Civil Rights Certification Unit based on ethnicity, gender, ownership and

control issues at time of certification. The certified firm is issued a certificate by the Civil Rights unit that states their

program status as well as the firms Expiration Date. DBE Program status may be obtained by accessing the Civil Rights

website (http://www.dot.ca.gov/hq/bep/) and downloading the Calcert Extract or by calling 916 227 2207.

List all First Tier Subcontractors, Disadvantaged Business Enterprises (DBE’s) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or

item of work) was different than that approved at time of award, provide comments on a separate page. List actual amount paid to each DBE, even if different than originally listed for

goal credit. Definitions: SMBE (Small Minority Business Enterprises) and SWBE (Small Woman-Owned Business Enterprises) I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT

CONTRACTOR REPRESENTATIVE SIGNATURE

BUSINESS PHONE NUMBER

DATE

TO THE BEST OF MY KNOWLEDGE THE ABOVE INFORMATION IS COMPLETE AND CORRECT

RESIDENT ENGINEER SIGNATURE

BUSINESS PHONE NUMBER

DATE

Distribution: (1) Original plus one copy to DLAE included in the Report of Expenditures (original forwarded to Division of Structures, Office of External Liaison and Agreements)

(2) Copy – local agency project files (3) Copy – OLP Area Engineer

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EXHIBIT H – MID-COAST TRANSIT FIRST STUDY ACTION PLAN – EARLY ACTION PROJECT

TABLE OF CONTENTS

I. SUPER LOOP ROUTE..................................................................................................................... 62 II. SUPER LOOP PRIORITY TREATMENTS ........................................................................................ 62 III. SUPER LOOP STATIONS................................................................................................................ 67 IV. SUPER LOOP SERVICE................................................................................................................... 69 V. REGIONAL SERVICES .................................................................................................................... 70 VI. ESTIMATED COSTS ....................................................................................................................... 72

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Exhibit H

MID-COAST TRANSIT FIRST STUDY ACTION PLAN – EARLY ACTION PROJECT

I. SUPER LOOP ROUTE

The Super Loop focuses on providing swift and frequent connections in both directions along the major corridors and between the major activity centers in the community. The Super Loop would serve as a high speed internal community circulator connecting:

UCSD (west campus along Gilman Drive);

La Jolla Village Square;

Nobel Drive high-density residential (near Regents Road);

UTC;

Nobel Coaster Station;

Executive Way/Genesee Avenue office concentrations; and

UCSD (East Campus). In two areas the Super Loop alignment would travel along roadways not yet existing. Judicial Drive would be used for the Super Loop to travel north/south between Nobel Drive and Executive Drive. Use of Judicial Drive allows the Super Loop to serve the new residential and commercial areas that will be constructed along this road, and it also allows transit vehicles to pass under La Jolla Village Drive, avoiding significant congestion in that area. In addition, the Super Loop would travel along Executive Drive and thru UCSD east campus, crossing Interstate 5 at the planned Gilman Drive Bridge. Alignment options would be developed should one or both of these facilities not be completed in time for Super Loop implementation.

The Super Loop would run on Nobel Drive, Judicial Drive, Executive Drive, Regents Road, Gilman Drive, and Villa La Jolla. An alternate route has also been proposed that extends along Gilman Drive penetrating UCSD further to the west (shown as a dashed line on Attachment B).

II. SUPER LOOP PRIORITY TREATMENTS

Implementation of transit priority treatments that reduce transit travel times and the impacts of traffic congestion on transit service are a critical component of the Transit First concept. The use of transit priority treatments is also a key facet of the service types proposed in this Plan. The Super Loop would be the focus of transit priority treatments, both physical and system based. This would allow for an efficient application of transit priority activities and funds in the near-term to increase

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speeds and avoid congestion delays along the Super Loop, rather than dispersing the treatments and diluting beneficial impacts.

Priority Treatment Categories

Transit priority opportunities include both physical and signal priority treatments. For purposes of the Action Plan, four general categories of priority treatments have been defined. 1. Signal Priority Only – Priority is provided only through transit signal priority techniques.

While vehicles and intersections would be deployed with the appropriate equipment, no physical roadway changes are proposed.

2. Physical Improvements Only – Only physical improvements have been proposed that ease

traffic congestion, ease transit vehicle mobility, or provide needed station access. No signal priority treatment is proposed.

3. Localized Signal and Physical Priority Treatments – Combines both physical and signal system

treatments focused on reducing transit vehicle delay and improving mobility through a relatively localized area or intersection. Treatments may include queue jump lanes, special transit lanes, special phases for transit vehicles, dedicated access to transit centers or stops, etc.

4. System Signal and Physical Priority Treatments – Similar to Category 3, however treatments

are focused on improving transit vehicle movement along a longer corridor. This category recognizes areas with special characteristics that will require more sophisticated signal priority treatment and signal timing considerations to be effective. Providing priority at one location can actually complicate problems at another location, and Category 4 locations represent those areas that are key to the larger mobility picture.

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PROPOSED SUPER LOOP PRIORITY TREATMENTS

Major Street Cross-Street Proposed Priority Treatment Categories and Details Nobel Drive Villa

La Jolla* Category 4 – System Signal and Physical

Add left turn queue jump southbound from far right side of approach.

Provide transit special signal phase for southbound to eastbound movement.

Utilize northeast corner of intersection for Super Loop stop and continuous transit-only right turn.

Provide transit lane on east leg of intersection for transit stop and holding for countdown timer.

Implement countdown timer to flush interchange congestion and notify transit driver of when to leave to get in the “green band” for signal timing coordination.

Reconfiguration of the intersection may be required. Nobel Drive La Jolla

Village Square*

Category 4 – System Signal and Physical Signal priority in westbound direction.

Transit lane in eastbound direction for countdown coordination.

Nobel Drive I-5 Ramps* Category 4 – System Signal and Physical

Flush congestion from interchange with signal timing, and coordinate with transit countdown timer to avoid congestion.

Time signals to allow transit vehicles to obtain a green band through the whole interchange.

Nobel Drive Caminito

Plaza Centro Category 1 – Signal Only

Signal priority in eastbound and westbound directions.

Remove on-street parking near intersection.

Maintain transit based signal timing. Nobel Drive Lebon Drive Categories 1 and 2 – Signal and Physical (minor)

Signal priority in eastbound and westbound direction.

Maintain transit based signal timing.

Provide dedicated northbound right turn lane (for Gold Loop).

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PROPOSED SUPER LOOP PRIORITY TREATMENTS (CONT’D)

Major Street Cross-Street Proposed Priority Treatment Categories and Details Nobel Drive Regents

Road* Category 3 – Signal and Physical

Use available space in westbound direction for queue jump (extend as far back as possible).

Remove on-street parking on westbound approach.

Provide westbound queue jump lane.

Signal priority for eastbound and westbound directions.

Signals coordinated for transit vehicles. Nobel Drive Costa Verde

Boulevard* Category 3 – Signal and Physical

Signal priority in eastbound/westbound direction.

Signals coordinated for transit vehicles. Nobel Drive Genesee

Avenue* Category 4 – System Signal and Physical

Eastbound/westbound queue jump lanes for thru transit vehicle movements.

Signal priority for eastbound and westbound directions.

Intersection may require significant reconfiguration to maintain proper alignment (some space available in eastbound direction).

Nobel Drive Lombard

Place* Category 4 – System Signal and Physical

Advanced signal priority for eastbound and southbound left turns.

Transit only lane for southbound left and reconfigure intersection for transit vehicle turn radii (both Super Loop and regional vehicles).

Nobel Drive Towne

Centre Drive Category 1 – Signal Only


Reserve ROW for future eastbound/westbound queue jump lanes.

Nobel Drive Nobel

Coaster Station

Category 2 – Physical Only Provide transit lanes in each direction near station with

room for vehicles to by-pass one another while at station.

No signal priority at pedestrian signal. Nobel Drive Judicial Drive

(not yet constructed)*

Category 3 – Signal and Physical Advanced signal priority on eastbound left turn.

Ensure sufficient length of eastbound left turn pocket.

Ensure wide dedicated southbound right turn with possible acceleration lane.

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Major Street Cross-Street Proposed Priority Treatment Categories and Details Judicial Drive (not yet constructed)

Between Nobel Drive and Executive Drive

Category 1 – Signal Only (specific locations to be determined) Advanced signal priority at all signalized intersections.

Executive Drive

Towne Centre Drive

Category 1 – Signal Only Advanced signal priority in eastbound and westbound

directions. Executive Drive

Executive Way

Category 1 – Signal Only Advanced signal priority in eastbound and westbound

directions. Executive Drive

Genesee Avenue*

Category 4 – System Signal and Physical Coordinate signals to support transit vehicle flow in

eastbound/westbound directions.


Note: Signal priority for gold loop (northbound right turn). Executive Drive

Regents Road

Category 3 – System and Physical Advanced signal priority in eastbound and westbound

direction. Executive Drive to Gilman bridge over I-5

All cross-streets

Category 3 – System and Physical All cross-streets with significant volumes should have signal

control.

All signals should provide advanced signal priority in the eastbound and westbound directions.

Gilman Drive Villa La

Jolla* Category 3 – System and Physical

Special transit vehicle phase for access in/out of the Super Loop station (located in northeast quadrant of intersection).

Utilize existing signal to parking structure and provide separate westbound access into the station.

Villa La Jolla VA entrance Category 1 – Signal Only

Advanced signal priority in southbound and northbound directions.

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Major Street Cross-Street Proposed Priority Treatment Categories and Details Villa La Jolla Between La

Jolla Village and Nobel Drive

Categories 2 and 3 – Signal and Physical (curbside transit lanes) Dedicated transit lanes could be provided in the northbound

and southbound directions curbside. Lanes would need to be restriped and on-street parking replaced. Peak hour transit lane operations are a possibility to allow off-peak parking. Driveway access would need to be checked.

Provide signal priority in northbound and southbound directions.

Villa La Jolla La Jolla

Village Drive*

Category 4 – System Signal and Physical Widen southbound and northbound approaches to provide

queue jump lanes.

Signal priority in northbound and southbound directions.

Super Loop Alignment Alternative (along Gilman Drive) Gilman Drive On campus

at cross-streets

Category 1 – Signal Only All cross-streets with significant volumes should have signal

control.

All signals should provide advanced signal priority in both directions along the Super Loop route.

Gilman Drive Villa La Jolla Category 1 – Signal Only

Signal priority for southbound left turn. Villa La Jolla Via Mallorca Category 1 – Signal Only

Signal priority in both directions along Super Loop route.

Note: * Indicates priority treatments at these locations should be considered a higher priority if treatments are phased in over time.

III. SUPER LOOP STATIONS

Super Loop stations will have a characteristic look and “branding” that identifies them as unique from community circulator or existing bus stops. The proposed Super Loop stations have an average spacing of approximately 0.6 miles. The following table lists each of the proposed Super Loop stations along with supporting information.

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SUPER LOOPS STATIONS AND DESCRIPTIONS

Station ID & Name Platforms Comments

1. UCSD/VA Hospital Dedicated station location Located at northeast quadrant of Gilman Drive/Villa La Jolla. Gold Loop stops at station.

1a. VA Hospital Split platforms near where Gilman bridge connects with existing Gilman Drive.

Only constructed if Super Loop alternative alignment is used. Gold Loop stops near station.

2. UCSD East Campus Split platform if at intersection Roadway not yet constructed.

3. Executive Drive/ Genesee Avenue

Platforms on west leg of intersection to avoid a split platform across Genesee Avenue

Gold Loop stops near station.

4. Executive Drive/ Towne Centre Drive

Split platform None

5. Judicial Drive Split platform across cross-street. May be on grade, roadway not yet constructed. If no cross-street, a safe pedestrian crossing will need to be provided.

6. Nobel Coaster Station

Split platform at pedestrian crossing signal at station.

Coaster station not yet constructed. Green Loop stops at station near-side.

7. UTC Transit Center Dedicated station at transit center at west side of UTC just south of the west mall access drive.

Station coordinated with UTC expansion plans. Gold and Green Loops stop at station.

8. Costa Verde Split platform Gold Loop stop located near-side.

9. Nobel Drive/ Lebon Drive

Split platform Gold Loop stop located near-side.

10. La Jolla Village Square

Platforms on east leg of intersection. Westbound platform located on northeast quadrant of intersection of Villa La Jolla/Nobel Drive

Gold Loop stop nearby. Existing bus stops along Nobel Drive at the La Jolla Village Square entrance would be relocated to the west to ease transfers.

10a. La Jolla Village Square

Platforms would be on south leg of intersection of Nobel Drive/Villa La Jolla near existing stops.

Only implemented if Super Loop alternative alignment used. Gold Loop stop located adjacent.

11. Gilman Drive Split platform Only implemented if Super Loop alternative alignment used.

12. UCSD West Split platform Only implemented if Super Loop alternative alignment used

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Each station will have the following amenities

Wide and high shelters without sides to provide shade without restricting visibility. Shelters will be well lit and situated to have mounting poles near the curb-side.

Stations will be kept clean and have trashcans.

Leaning rails at all stations with benches at transfer stations.

Real time information displays showing minutes to next bus arrival, fare information, and other information such as special announcements.

Static information kiosks with transit system maps, contact information, and Super Loop branding/logo.

Fare vending machine (if prepayment in use).

Additional potential amenities, especially at major stations, include the following.

Major transit centers should have visible security staff.

Water drinking fountains/vending machines.

Change machines, phone booths, regulated kiosks/push-carts. In general, bus pullouts are not desirable at Super Loop stations and should be avoided. Bulb-outs may be used along lower volume roads or where on-street parking needs to be maintained near the station. Station platforms and loading areas will be a minimum of 60 feet long, and 120 feet long at transfer locations. The preference is to place stations on the far side of signalized intersections where possible to gain the greatest benefit from transit priority treatments.

IV. SUPER LOOP SERVICE

With the priority treatments, stations, and vehicles in place, the next important step is to implement the Super Loop service. The Super Loop service should have the following basic characteristics.

7.5 minute maximum headways during peak periods:

Weekdays: 6 a.m. – 6 p.m.

Weekends/Holidays: 7 a.m. – 9 a.m., 1:00 a.m. – 1:00 p.m., 3:00 p.m. 5:00 p.m.

15-minute maximum headways during off-peak periods of operation.

Super Loop operational hours will run from 5:00 a.m. – 1:00 a.m. everyday.

Super Loop service would maintain these headways separate from regional and community circulator services that may travel along the Super Loop. The objective is to provide travelers with confidence that they can arrive at a Super Loop station and the next vehicle will be along in a “couple of minutes” without concern for the exact time.

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The preference is to operate the Super Loop as a headway-based service rather than time-point. Instead of set time schedules, which are often difficult for those not familiar with transit to follow, Super Loop service should be oriented around a vehicle arriving every 7.5 or 15 minutes. The arrival time (in minutes) of the next Super Loop vehicle will be displayed on electronic message signs at stations. In terms of specific operations, Super Loop drivers will be encouraged to pass Super Loop vehicles boarding at stations should no stops be requested. Drivers will be encouraged to drive in the inside lanes of traffic where possible, as opposed to along curbside lanes where autos entering/leaving driveways and parked autos frequently cause delays. Drivers will require additional training to understand what to expect from transit signal priority treatments and how to best operate the Super Loop, as it differs significantly from normal existing operations. Efforts to encourage experienced drivers and maintain a low driver turnover would prove beneficial.

V. REGIONAL SERVICES

The Super Loop serves as a core for transit service within the community, and provides an enhanced collector/distributor service for regional transit services. Regional services would interact with the Super Loop in one of two ways.

Regional route vehicles can travel along the Super Loop alignment to provide for the collection/distribution of regional trips. Depending on the specific regional route, the vehicles may be “branded” similar to the Super Loop vehicles, have enhanced interiors, and may be outfitted with transit priority equipment.

Regional route vehicles can travel to major transfer points along the Super Loop (UTC and La Jolla Village Square) to allow travelers to benefit from the higher speeds and greater access-ibility of the Super Loop.

This Early Action Project proposes integration of the regional routes with the Super Loop. Regional routes will be restructured to better integrate with the Super Loop. The use of existing vehicles would continue with several enhancements to regional services.

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PROPOSED REGIONAL ROUTE ENHANCEMENTS/INTEGRATION

Regional Route and Changes

Relationship with Super Loop

Comments

21A and B (from I-15) Increased frequencies of 15 minutes during peak commute periods. The route would be extended to Park & Ride lots along I-15 and then service would be split with A going to Sorrento Mesa and B going to UTC with limited stops.

21A would not join the Super Loop and would generally follow the Green Circulator in Sorrento Mesa. 21B would travel to UTC first and then circulate along the Super Loop.

21A and B would follow the same route east of Camino Santa Fe. 21B would utilize Camino Santa Fe to reach Miramar Road and provide swift service to UTC.

60 – Super Express A super express service would be provided between the mid-city area and UTC without stopping in Kearny Mesa.

The route would exit at Nobel Drive and travel to UTC. It could then utilize the Super Loop as a collector/distributor.

Current ridership on Route 60 shows a strong demand for Kearny Mesa destinations, so the Super Express would be operated as an overlay of existing service.

150 Increased frequency of 15 minutes (from 30 minutes) during peak periods.

Would utilize the Super Loop alignment for collection/ distribution. Vehicles may be outfitted with priority equipment.

If outfitted with priority equipment and properly branded, these vehicles could utilize Super Loop stations in the near-term.

301 Increased frequency of 15 minutes (from 30 minutes) during peak periods along southern portions of route.

Would utilize the northern portions of the Super Loop to reach UTC.

Numerous transfer opportu-nities will exist as this route travels along the Super Loop.

Other Routes Maintain existing frequencies.

May be somewhat restructured due to the Super Loop, but would focus on providing transfers to the Super Loop at UTC.

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VI. ESTIMATED COSTS

Preliminary capital and annual operating cost estimates have been developed for the Early Action project. It is likely that some of the actions would be deployed incrementally over time, and this would impact the up-front and total costs of the services being provided. The costs presented in this document should be considered as useful for planning purposes only, and more detailed estimates should be developed once preliminary design efforts are underway. Capital Costs The following table displays the estimated capital costs by action. The costs generally include the construction of stations, physical and system priority treatments, and procurement of Super Loop, and regional service vehicles. These cost estimates do not include right-of-way acquisition costs or vehicle maintenance facility costs. Right-of-way acquisition will be necessary to implement some stations, physical priority treatments, and to provide for maintenance facility and vehicle storage needs.

PRELIMINARY CAPITAL COST ESTIMATES

Phase Action Description Estimated

Capital Cost (000’s)

Action One – Construct Priority Treatments Along Super Loop

Construction of physical and system priority treatments, and signal system software.

$2,691

Action Two – Construct Super Loop Stations

8 standard Super Loop stations and 2 larger “transfer” stations.

$2,200

Action Three –Identify/ Procure Super Loop Vehicles

10 Super Loop vehicles with vehicle tracking and priority equipment.

$2,500

Action Four – Implement Super Loop Service

No capital cost is associated with this action.

NA

Phase One: Super Loop, Priority Treatments, and Existing Regional Service Enhancements

Action Five – Integrate Regional Routes

Procurement of 20 new regional vehicles. This cost could be offset by reassignment of vehicles from other routes.

$6,900

Phase One Subtotal $14,291

Follow On Actions

Integration with Longer Range Transit Improve-ments

TBD

Capital Costs Summary and Contingencies

Base Estimate $14,291

Mobilization (4%) $572

Contingency (30%) $4,287

Design (15%) $2,144

Phase 1

Phase 1 Subtotal $21,294

Estimated Total Program Capital Costs $21,294

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Some of the vehicle costs may be offset if existing vehicles can be used to fulfill the operational requirements. New buses being procured could be ordered with enhanced amenities and special branding/paint scheme to be used for the regional service enhancements. Several of the priority treatments in Action One have been identified as high priority. If only the high priority treatments are implemented, the base capital cost estimate for Action One would drop from $2,691,000 to $1,654,000 not including design and contingencies.

Operating Costs

The following table provides a preliminary estimate of the annual operating costs for the Early Action Project. Operating cost estimates are based on a marginal per revenue hour cost of $60 for service that is directly operated and $50 for contracted service. These figures include the cost of the driver, maintenance, and running costs, but do not include indirect costs such as station maintenance, vehicle storage, and shuttle management.

ANNUAL OPERATING COSTS

Phase Action Description Estimated

Capital Cost(000’s)

Action One – Construct Priority Treatments Along Super Loop

Maintenance of priority treatments and signal timing. $200

Action Two – Construct Super Loop Stations

Maintenance of Super Loop stations. $150

Action Three – Identify/ Procure Super Loop Vehicles

Operating costs included in Action Four. NA

Action Four – Implement Super Loop Service

7.5 minute peak frequency, 15 minute off-peak frequency (15-minute peak frequency is $1,318)

$1,685

Route 150 (15-minute peak/30 other weekday) $734 Route 150 (30-minute weekend frequency) $238 I-15 Route (15-minute peak/30 other weekday) $1,010 I-15 Route (30-minute weekend frequency) $238 Route 21A (15-minute peak/30 lunchtime weekday) $89 North extension via Black Mountain Road to Route 21B $204 Super Express Route 60 $210 Route 301 (15 minute frequency and selected trips to Nobel Coaster)

$306

Phase One: Super Loop, Priority Treat-ments, and Existing Regional Service Enhance-ments

Action Five – Integrate Regional Routes

Action Five Total $3,029

Phase One Total $5,064

Follow On Actions

Integration with Longer Range Transit Improve-ments

Operating costs for these improvements will be esti-mated separately.

NA

Total Estimated Annual Operating Costs (Phase 1) $5,064