HomeMy WebLinkAbout12/6/2000 - STAFF REPORTS (11) DATE: December 6, 2000
TO: City Council
FROM: City Engineer and Grants Manager
ENGINEERING DESIGN ENVIRONMENTAL CONTRACT SERVICES AGREEMENT
FOR INDIAN AVENUE/INTERSTATE 10 INTERCHANGE PROJECT
RECOMMENDATION:
That the City Council approve a Contract Services Agreement with Dokken
Engineering in the amount of $943,842.00, for the engineering design, including
project report and environmental services, for the Indian Avenue/Interstate 10
Interchange Design, a CVAG Regional Measure A and joint City of Palm
Springs/County of Riverside project; City Project No. 00-14.
SUMMARY:
This agreement between the City and Dokken Engineering provides for the
engineering design and environmental services for the new interchange at
Interstate 10 and Indian Avenue. The CVAG Executive Committee has
previously approved awarding the contract to Dokken Engineering. A separate
staff report on this Council agenda provides for Council consideration of the
Reimbursement Agreement between the City, CVAG and the County of
Riverside, whereby CVAG will advance the funds for payment of these services.
Ultimately the City will be responsible for payment of approximately 12.5%,
probably the total cost under this Agreement, the remainder being paid by
Regional Measure A/TUMF funds, CVAG controlled STIP or STP funds and local
funds from the County of Riverside. The total cost for these services is estimated
to be $943,842.00.
BACKGROUND:
In November 1988, Riverside County voters approved Measure A, the 1/2 cent
sales tax initiative to provide funding for transportation and roadway projects
throughout Riverside County. More recently, a Coachella Valley Area
Transportation Study was prepared under the auspices of CVAG, to identify
various transportation and highway projects throughout the Coachella Valley to
be projects of regional importance. A transportation project prioritization study,
prepared for CVAG by Parsons Brinckerhoff in April 1999, identified the Indian
Avenue/1-10 Interchange improvements as the second highest priority project in
the Coachella Valley, trailing only the Gene Autry Trail/1-10 interchange.
In December of 1999, the CVAG Executive Committee adopted a policy to fund
named Measure A projects: 50% from CVAG TUMF/Measure A resources, 25%
from CVAG controlled STIP or STP resources, with the remaining 25% provided
by the local jurisdiction (in lieu of normal 50%/50% policy). The Indian Avenue/1-
10 Interchange is qualified to receive 50% funding from CVAG TUMF/Measure A
resources, and 25% from CVAG controlled STIP or STP resources. In response
to a May 10, 2000 letter to CVAG from Mayor Kleindienst, the Executive
Committee approved Measure A funding for the design phase of this project. In
July 2000, CVAG issued a request for proposals to provide engineering and
environmental services, including preparation of the project report, environmental
documents, and plans, specifications and estimates for the Indian Avenue/
L?A
Dokken's Contract Services Agreement, C.P. No. 00-14
December 6, 2000
Page 2
Interstate 10 interchange. The project is to provide for a major modification of the
existing interchange to accommodate significant increased future traffic volumes,
as well as existing and future truck traffic.
In response to the Request For Proposals, CVAG received 10 engineering
proposals on August 31, 2000. A review panel, made up of members from
CVAG, the City of Palm Springs, the County of Riverside, Caltrans and the City of
Indio (the request for proposals also included a request for separate proposals for
the Jefferson Street/1-10 interchange). The panel reduced a number of firms to a
'short list', and on October 11, 4 firms were interviewed by the panel. The panel
unanimously selected Dokken Engineering as the most qualified for the Indian
Avenue/1-10 interchange project. On October 30, 2000, CVAG Executive
Committee concurred in this selection.
The reimbursement agreement assigns the City of Palm Springs as "lead agency"
for this project. City staff has, therefore, negotiated the contract fee for a total of
$943,842. Dokken Engineering, the successful firm, is from San Diego,
California. Sub-consultants on the Dokken team include LSA Associates, Inc. of
Riverside for the environmental work. Hernandez Prim & Associates of San
Bernardino, for surveying services. Southern California Soils & Testing, Inc. of
San Diego for geotechnical services, and Marum Associates of San Diego for
landscape architecture. Dokken's Project Manager will be Richard Liptak, whom
City staff has worked with previously as the independent Bridge Check Engineer
for the Mid-Valley Parkway/Dinah Shore Bridge. Design work is scheduled to
commence upon approval and execution of this contract, along with the
Reimbursement Agreement included as a separate staff report. Estimated time
from initiation of services to completion is proposed as 24 months.
Sufficient funds will be made available in Measure A account no. 134-4497-
50185 (Indian/1-10 Interchange). Under the terms of the Reimbursement
Agreement, these funds will be advanced by CVAG for full payment of the
services provided by Dokken Engineering. Prior to future construction, the City
will be responsible for reimbursing CVAG, under the agreement, estimated at
approximately 12.5% or$118,000.00 for City local match.
Please note that all costs are being paid for by Measure A Regional funds, with
the City's portion proposed to be paid utilizing Measure A local funds in the
2001/02 fist I year, and no local general funds are required.
G!t APPROVED: S �G�
DAVID J. BARAKIAN KOBERT L. MOHLER
City Engineer Grants and Government
��— Affairs Manager
APPRO D- -�Y'
City Manager
ATTACHMENTS: REVIEWED BY DM.OF FINANCE
1. Minute Order
2. Agreement
'�i¢Z
CITY OF PALM SPRINGS ��
Engineering Department
ENGINEERING DESIGN ENVIRONMENTAL Cr
CONTRACT SERVICES AGREEMENT
FOR INDIAN AVENUE/INTERSTATE 10 INTERCHANGE
CITY PROJECT NO. 00-14
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of , 19_, by and between the CITY
OF PALM SPRINGS, a municipal corporation, (herein "City") and Dokken Engineering,
(herein "Contractor"). (The term Contractor includes professionals performing in a consulting
capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRAC
1.1 Sco e of Servicel ompliance with all terms and conditions of this
Agreement, the Contractor shall pAU those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and inco7porated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider
of first class work and services and Contractor is experienced in performing the work and
services contemplated herein and, in light of such status and experience, Co ctor covenants
that it shall follow the highest professional standards in performing e� and services
required hereunder an all materials will be of good qualit urpose intended.
For purposVances.
ee ent, the phrase "highest profession azds" shall mean those
standards orecognized by one or more first-class firms performing similar work under
similar circ
1.2 Contractor's Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein by this reference as though fully
set forth herein. In the event of any i consistency between the terms of such proposal and this
Agreement, the terms of this Agree hall govern.
1.3 ComDliamVt Law. All services rendered hereunder shall be provided
in accordance with all ordi resolutions, statutes, rules, and regulations of the City and
any Federal, State or local g mental agency having jurisdiction in effect at the time service
is rendered.
1.4 Licenses Permits Fees s ts. Contractor shall obtain at its
sole cost and expense such licenses, permits and and ap vals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest,
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which may be imposed by law and arise from or are necessary for the Contractor's performance
of the services required by this Agreement, and shall indemnify, defend and hold harmless City
against any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed, and (c) fully
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of services hereunder. Should the Contractor discover
any latent or unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the City of such fact and shall not proceed
except at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment,
materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible
for all such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties
agree to act in good faith to execute all instruments, prepare all documents and take all actions
as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract
Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Contractor. Any increase in compensation of up to five percent (5%) of
the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred
eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively must be approved by the City Council. It is expressly understood by
Contractor that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that
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it accepts the risk that the services to be provided pursuant to the Scope of Services may be
more costly or time consuming than Contractor anticipates and that Contractor shall not be
entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the
maximum contract amount of $943,842.00 (herein "Contract Sum"), except as provided in
Section 1.8. The method of compensation may include: (i) a lump sum payment upon
completion, (ii) payment in accordance with the percentage of completion of the services, (iii)
payment for time and materials based upon the Contractor's rates as specified in the Schedule of
Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be
specified in the Schedule of Compensation. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, telephone expense, transportation
expense approved by the Contract Officer in advance, and no other expenses and only if
specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not
be entitled to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified
in the Schedule of Compensation, in any month in which Contractor wishes to receive payment,
no later than the first (1st) working day of such month, Contractor shall submit to the City in
the form approved by the City's Director of Finance, an invoice for services rendered prior to
the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all
expenses stated thereon which are approved by City pursuant to this Agreement no later than the
last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
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3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Contractor, including, but not restricted to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental
agency, including the City, if the Contractor shall within ten (10) days of the commencement of
such delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for performing the
services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services but not exceeding one (1) year from the date hereof, except as otherwise provided in
the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection
therewith:
Richard T. Liptak
Kirk F. Bradbury
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing principals were a substantial inducement for City to enter into this Agreement.
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assi ng ment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall
not contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of the City. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily
or by operation of law, whether for the benefit of creditors or otherwise, without the prior
written approval of City. Transfers restricted hereunder shall include the transfer to any person
or group of persons acting in concert of more than twenty five percent (25%) of the present
ownership and/or control of Contractor, taking all transfers into account on a cumulative basis.
In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Contractor or any surety of
Contractor of any liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests
for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep
evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for
the period specified in Section 6.2.
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4.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision or control of Contractor's
employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Contractor shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City. City
shall not in any way or for any purpose become or be deemed to be a partner of Contractor in
its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance written on a per occurrence basis. The policy of
insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000
for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per
person, $1,000,000 per occurrence and $1,000,000 products and completed operations and
property damage limits of $500,000 per occurrence. If the Contract Sum is greater than
$100,000, the policy of insurance shall be in an amount not less than $5,000,000 combined
single limit.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for both the Contractor
and the City against any loss, claim or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons retained by the Contractor in the
course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile
liability insurance written on a per occurrence basis in an amount not less than either (i) bodily
injury liability limits of $500,000 per person and $1,000,000 per occurrence and property
damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii)
combined single limit liability of $1,000,000. Said policy shall include coverage for owned,
non-owned, leased and hired cars.
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(d) Additional Insurance. Policies of such other insurance, including
professional liability insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the
City, its officers, employees and agents as additional insureds, except that the City shall not be
named as an additional insured for the Worker's Compensation Insurance nor the Professional
Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may
have against the City, its officers, employees and agents and their respective insurers. All of
said policies of insurance shall provide that said insurance may not be amended or canceled
without providing thirty (30) days prior written notice by registered mail to the City. In the
event any of said policies of insurance are canceled, the Contractor shall, prior to the
cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the
Contract Officer. No work or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are
approved by the City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement), be signed by an authorized agent of the insurer, and shall contain the following
"cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company shall mail an advance 30-day written notice
to the Certificate holder named herein."
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Contractor is
required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted
or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of Contractor, its agents, employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions
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of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or employees
but excluding such claims or liabilities arising from the sole negligence or willful misconduct of
the City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs
and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to
the City, its officers, agents or employees, any and all costs and expenses incurred by the City,
its officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of
this Agreement, unless such requirement is waived by the Contract Officer. The bond shall
contain the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of his power of attorney. The bond shall be unconditional
and remain in force during the entire term of the Agreement and shall be null and void only if
the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating
Guide or in the Federal Register, and only if they are of a financial category Class VII or
better, unless such requirements are waived by the City Manager or designee of the City ("City
Manager") due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement creates an increased or decreased risk of
loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
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performance bond required by this Section 5 may be changed accordingly upon receipt of
written notice from the City Manager or designee; provided that the Contractor shall have the
right to appeal a determination of increased coverage by the City Manager to the City Council
of City within ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Re o�rts_. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement. For
this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the work or
services contemplated herein or, if Contractor is providing design services, the cost of the
project being designed, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique or event and the estimated increased or decreased cost related thereto
and, if Contractor is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to
City upon request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim for further employment or additional compensation as a result of
the exercise by City of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City's sole risk and
without liability to Contractor, and the City shall indemnify the Contractor for all damages
resulting therefrom. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All
subcontractors shall provide for assignment to City of any documents or materials prepared by
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them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify
City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing or failing to perform Contractor's obligation under this Agreement. In
the event that any claim is made by a third party, the amount or validity of which is disputed by
Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien,
City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such
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right to deduct or to withhold shall not, however, affect the obligations of the Contractor to
insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by
a nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of
this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, the Contractor and its sureties shall be
liable for and shall pay to the City the sum of ($-0-) liquidated damages for
each working day of delay in the performance of any service required hereunder, as specified in
the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time
as may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written
notice to City, except that where termination is due to the fault of the City, the period of notice
may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
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specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to
the effective date of the notice of termination and for any services authorized by the Contract
Officer thereafter in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has
initiated termination, the Contractor shall be entitled to compensation only for the reasonable
value of the work product actually produced hereunder. In the event of termination without
cause pursuant to this Section, the terminating party need not provide the non-terminating party
with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligations under this Agreement, City may, after compliance
with the provisions of Section 7.2, take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled
to attorney's fees shall be entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court allows which are
incurred in such litigation. All such fees shall be deemed to have accrued on commencement of
such action and shall be enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRINIINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor
or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants
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that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case
of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor,
to the person at the address designated on the execution page of this Agreement. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72) hours
from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
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material that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By:
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney
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Corporations require two aignatures: One from each of the
following: A. Chairman of Board,President,any Vice President:
AND B. Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer).
(Check one: —Individual_Partnership
_Corporation)
CONTRACTOR: DOKKEN ENGINEERING
By:
(Notarized Signature)
Print Name&Title
By:
(Notarized Signature)
Print Name&Title
Mailing Address: 9665 Chesapeake Drive
Suite 435
San Diego, CA 92123
(END OF SIGNATURE)
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EXHIBIT "A"
SCOPE OF SERVICES
Task 1.0 Project Administration
Task 1.1. Project Management. Trend meetings with the City of Palm Springs Project Manager,
the California Department of Transportation(Caltrans) Project Manager and other representatives
from affected agencies will be held at least once a month, and may be held on a bi-weekly basis.
The environmental team leaders and/or subconsultants shall attend trend meetings as appropriate.
Contractor shall prepare minutes for each meeting and have these available for review at each
succeeding meeting.
Task 1.2 Budgeting. Contractor shall prepare budgets for each task and milestone for the Project. Such budgets
will be entered into Contractor's Management Information System along with actual costs incurred,and used as
a basis for cost monitoring and control.
Task 1.3 Cost Accounting. Contractor shall prepare biweekly reports of expenditures for the project by task and
milestone. Expenditures include direct labor costs, other direct costs and subconsultant costs.These reports will
be included as supporting data for invoices presented to the City of Palm Springs every month.
Task 1.4 Scheduling. Within one month from the Notice to Proceed(NTP), Contractor shall provide a detailed
project schedule, indicating milestones,major activities and deliverables, to the City of Palm Springs for review
and comments.
Task 1.5 Progress Reporting. Progress reports shall be prepared in accordance with City of Palm Springs
guidelines.Reports will be required monthly and shall be accompanied by an invoice.
Task 1.6 Contract Administration. Contractor's Project Manager shall maintain ongoing liaison with the City of
Palm Springs Project Manager,agency contacts and utility companies to promote effective coordination during
the course of project development.
Task 1.7 Quality Control Plan. A Quality Control Plan shall be established for this project. It will be provided
to the City of Palm Springs within two weeks of NTP for review and approval
Task 2.0 Planning and Proiect Development
Task 2.1 Research and Data Gathering. Existing topographic mapping,photos,bridge reports,maintenance
reports,right-of-way maps, "as-built"plans,record maps and surveys,study reports, assessor maps, contract
documents,and any other data shall be obtained and reviewed.
Task 2.2 Project Development Team Meetings. A Project Development Team(PDT)including representatives
from the City of Palm Springs, CVAG, Caltrans,Caltrans Division of Structures(DOS), Federal Highway
Administration(FHWA)and the California Highway Patrol (CHP)shall be established by Contractor within
fifteen days after Notice to Proceed(NTP). A kick off meeting with the PDT will be held as soon as possible
after NTP.
Task 2.3 Survey. All survey documents shall be prepared in metric format and per Caltrans standards and
requirements.
Task 2.3.1 Research and Permitting. The Contractor shall process and obtain all required encroachment
permits for field surveys.Research will be conducted to compile all existing control data,topographic
maps,right-of-way maps,record maps and surveys, assessor maps, and any other pertinent data.The
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Contractor shall also research and compile a list of affected utility companies within the project area.
Contact will be made with the affected utilities to search their files, identify and obtain locations for their
facilities.
Task 2.3.2 Control Survey. With the compilation and review of existing survey data, the Contractor shall
conduct field reconnaissance of existing vertical and horizontal control monuments in the immediate area
and to verify the usability of the proposed monuments. The Contractor shall set secondary horizontal and
vertical control and proposed aerial target locations for photogramrnetric mapping. Approval will be
obtained from Caltrans prior to issuing control and target locations to the photogrammetric subconsultant.
After receiving Caltrans approval for control and target locations,field surveys will be conducted using
GPS to verify and establish vertical and horizontal control.
Task 2.3.3 Topographic Survev. The Contractor shall conduct field surveys. Elevations will be surveyed for
existing pavement,bridge structures,other improvements of existing facilities, and to develop adequate
cross sections at 20-meter intervals at transitional areas as necessary to facilitate the proposed design for the
project site.
Task 2.3.4 Landnet Survey, The Contractor shall conduct field surveys to locate existing centerlines,
property lines, easements,and right-of-way lines. The survey data collected will be submitted to Caltrans
for approval.From the approved survey data, the Contractor will prepare preliminary base mapping to
facilitate the engineering design process. All monmments will be verified to their true position,marked, and
referenced.
Task 2.3.5 Utility Mapping. From the data collected from utility research, the Contractor shall conduct field
surveys within the project limits to locate all existing underground and overhead utility lines. All existing
facilities, intersection points, and critical points will be identified and located. All survey data collected will
be incorporated into the final base mapping.
Task 2.4 Preliminary Hydrology Report. Prior to developing the Preliminary Hydrology Report,a thorough
field reconnaissance will be conducted, Any available documents pertinent to this Hydrology Report will be
obtained from the affected agencies and Caltrans for review. Contractor's analysis will be closely coordinated
with the affected agencies, including the Riverside Comity Flood Control&Water Conservation District.
Task 2.5 Preliminary Geotechnical Report. A draft preliminary geotechnical report shall be prepared by
Contractor for use in the preparation of the Project Report and the Environmental Report and environmental
documents. Available existing subsurface information for the project area will be collected, including geologic
maps published by the California Division of Mines and Geology, geologic maps published by the United States
Geological Survey and ground water well information. Available Caltrans As-Built data will be reviewed,as
well data from previous SCS&T investigations in the area. Geologic and groundwater information on file with
Riverside County and the University of California at Riverside also will be researched.
Task 2.5.1 Geological Review. Contractor shall provide seismic and geologic information and groundwater
data for the Project Report/Environmental Documents. Contractor will identify any seismic and geologic
hazards that will have a significant impact on the design and construction of the project.
Task 2.6 Traffic Operations Analysis. Review of the Indian AvenueQ-10 Interchange PSR indicates that the
analysis will need to be updated to include more recent existing traffic conditions and that the development of
forecast traffic conditions needs to be based on the more recent version of the CVAG's Coachella Valley
Transportation Study(CVATS)model.The traffic operations analysis will examine existing and future
conditions in the vicinity of the Indian AvenueQ-10 interchange. The analysis will include examination of the
following locations,Indian Avenue/20th Avenue, Indian AvenueQ-10 Westbound Ramps,Indian AvenueQ-10
Eastbound Ramps,Indian Avenue/Gannet Avenue.
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Task 2.6.1 Traffic Counts. Traffic counts shall be collected for the key roadways and intersections in the
vicinity of the Indian Avenue/1-10 interchange. Daily machine counts will be collected for roadway
segments, and a.m. and p.m.peak period turning movement comets will be collected for the intersections
required. Daily and peak period data for the freeway mainline and freeway ramps will be obtained from
Caltrans.
Task 2.6.2 Existing/Future Traffic Conditions. Existing peak hour intersection levels of service shall be
assessed using Highway Capacity Manual(HCM)level of service analysis methodologies. Future traffic
conditions will be developed using CVATS traffic model. Forecast year 2025 daily and peak hour volumes
will be developed using CVATS year 2020 model data. Specific methodologies for conversion of daily
model data to peak hour volumes and for extrapolation of 2020 data to 2025 conditions will be developed
in consultation with CVAG stall: The resulting volumes will be examined to determine intersection levels
of service using the HCM analysis methodologies. Forecast year 2025 daily and peak hour volumes will be
developed. The resulting volumes will be examined to determine intersection levels of service.
Task 2.6.3 Ramp and Merge-Diverge Analysis. Ramp and merge-diverge analysis shall be performed using
HCM analysis methodologies. Weaving analysis will be performed using the Least weaving analysis
methodology.
Task 2.7 Lnvironmental Approval. Contractor shall perform environmental research and analysis necessary for
the Indian Avenue/1-10 Interchange pursuant to CEQA and NEPA, as well as the policies and procedures
contained in Caltrans'Environmental Handbook and Local Programs Manual. The following tasks will be
necessary to complete the environmental document for the project.
Task 2.7.1 Project Initiation. A kick-off meeting shall be held to accumulate the background information
necessary to initiate the program.
Task 2.7.2 Technical Studies. For the topics listed below, a technical report,which will be summarized in
the EA/IS text,will be prepared and provided in its entirety in the EA/1S appendices.
1) Biological Resources. Contractor shall prepare a Natural Environmental Study Report in accordance
with Caltrans Guidance for Consultants. Habitat suitability for the Coachella Valley fiinged toed lizard
will be assessed. The report will address the methodology and results of the literature review and field
survey,assess potential project effects,and outline any mitigation measures that have been agreed to
through agency consultations. Additionally,the report will identify the need for focused surveys for
any sensitive species that may be present. No focused surveys for sensitive species are proposed at this
time.
2) Archaeological/Historic Survey Report. Section 106 documentation shall be prepared in accordance
with Caltrans' Guidance for Consultants. Contractor's services include a literature review, a field
survey,contact with local historical societies and Native American groups,and preparation of the
required documentation. Our level of effort is based on preparing an Historic Property Survey Report
(Negative Findings),including an Archaeological Survey Report(Negative Findings).
3) Air Quality(ifreguired). An air quality assessment shall be prepared in accordance with Caltrans'
Transportation Project Level Carbon Monoxide Protocol. Level of effort is based on conducting only
the screening analyses specified in the protocol;no CALINE4 modeling is proposed at this time.
4) Noise Analysis(ifreguired). A noise analysis shall be conducted to corm that the project will not
violate local, State, or federal noise criteria for highway projects. Noise measurements will be taken in
the field to verify existing conditions. Noise modeling will be conducted to identify future noise levels
with and without the project. Mitigation measures will be recommended,as necessary.
5) Socioeconomics/Growth Inducement/Land Use. Contractor shall prepare a background socioeconomic
analysis in accordance with Caltrans guidelines and requirements. This analysis shall be incorporated
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directly into the IS/EA. The background socioeconomic analysis shall provide a description of existing
land use,housing,employment, and population conditions in the vicinity of the project. An evaluation
of the project's socioeconomic impacts, including potential for growth inducement, shall also be
provided.
6) Initial Site Assessment. Contractor shall prepare a supplemental Hazardous Waste Initial Site
Assessment(ISA)updating the prior ISA prepared in December 1997. An update of information on the
documented hazardous waste sites that were identified previously and any new findings within the
project study area will be provided. If hazardous waste sites are identified within the project study area
(via governmental records and/or the visual survey),Contractor shall determine the potential impact to
the project and will identify subsequent procedures to determine the extent of contamination and
remediation requirements.
7) F000dplain Study. A floodplain study shall be prepared in accordance with Caltrans regulations for
inclusion in the Technical Appendices of the IS/EA. Information used to prepare the study will be
obtained from the project engineer and from geoteclumical studies prepared for the interchange project.
Task 2.Z3 Draft EA/IS. Contractor shall prepare an Environmental Assessment/Initial Study(EA/IS)for
the project in accordance with the PSR. If the technical studies reveal no significant impact,Contractor
shall prepare a Draft Categorical Exclusion(CE)for approval by the City, Caltrans, and FHWA. If there
are impacts that may require mitigation, Contractor shall prepare an EA/IS. Copies of the Screencheck
Draft EAQS will be submitted to the PDT. The PDT and the FHWA will review the technical studies, as
well as the environmental document.Following review and modifications to the Screencheck Draft EA/IS,
a Draft EARS will be prepared and submitted to Caltrans for public distribution. Prior to public
distribution,the Draft EA/IS will require a signature from the City and Caltrans to be transmitted to the
FHWA for approval. After approval and signature of the Draft EA/IS by the FHWA, the document is
released for public distribution and review. A Notice of Availability(NOA)will be prepared by Contractor.
The Draft EARS will require a 30 day public review period on the NEPA documentation; if a CEAS is
prepared,a 20 day public review will be required. A public meeting to receive comment and testimony on
the Draft EA/IS will be required during the 30 day review period.
Task 2.Z4 Draft FONSI/ND.Following public review of the EA/IS, a Finding of No Significant Impact
/Negative Declaration(FONSUND)will be prepared. The FHWA will be the responsible agency for
making the finding that the proposed project will not significantly impact the enviromnent. The FHWA
signed FONSI makes this finding. The City will make the finding in the preparation of an ND. The Draft
FONSUND will include the Draft EA/IS,technical appendices, letters of continents,responses on the Draft
EA/IS, and Mitigation Monitoring Program.
Task 2.7.4(1)Response to Comments. At the close of the public review period and public meeting on the
Draft EA/IS,Contractor shall meet with the PDT,City and Caltrans staff to review any comments on the
Draft EA/IS that were received and to discuss potential responses to these comments. Contractor will then
formulate responses to the commments on the Draft EA/IS. Once draft responses to comments are
completed,they will be submitted to City and Caltrans staff for review and comment. The comments will
be incorporated into the response to comments in the appendices to the Final EARS FONSUND,which will
be submitted to the City for use in public hearing(s).
Task 2.Z4(2)Mitigation Monitoring Program. Prior to the City hearings on the project,Contractor shall
prepare a mitigation monitoring plan, including monitoring forms, to assist the City in implementing the
mitigation measures contained in the EAQS as required by CEQA.
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Task 2.7.4(3)Screencheck FONS111S. Contractor shall prepare a Screencheck FONSI/ND that includes the
Draft EA/IS, Response to Comments, and the Mitigation Monitoring Program for the PDT,City and
Caltrans review and comment.
Task 2.7.4(4) Final FONSI/IVD. Contractor shall revise the Screencheck FONSUND incorporating the City
and Caltrans comments and submit to the PDT, City and Caltrans the Final FONSUND. The Final
FONSUND will include the Draft EA/IS, technical appendices, letters of comments and responses on the
Draft EA/IS,and the Mitigation Monitoring Program. The City will conduct a public hearing before the
Planning Commission to certify the Final ND. After certification of the ND,the City will forward the
document to Caltrans,which will be responsible for forwarding the certification on to the FHWA for NEPA
approval of the FONSI. The City will be responsible for noticing the public hearing on the ND.
Task 1.8 Value Engineering. A value engineering review shall be undertaken as early in the Project
Development process as is practicable. This will assist in identifying possible cost reduction measures.
Task 2.9 Project Report and Project Approval Report. A Project Report shall be developed following Caltrans
procedures and criteria. Once approvals are obtained from the City of Palm Springs,Caltrans and FHWA, a
Project Approval Report shall be submitted.
Task 1.10 Geometric Approval Drawings. Geometric drawings of the preferred alternative shall be prepared at
1:1000 scale. These will include typical cross-sections,horizontal alignments, profiles, superelevation diagrams
and traffic data.
Task 2.10.1 Landscape Concept Approval Drawing. A landscape concept drawing shall be prepared by
Contractor for approval by the City of Palm Springs and Caltrans.
Task 2.11 Geotechnical Design Report. Contractor shall develop a drilling program to explore subsurface
conditions beneath the planned improvements.Near surface soils will be evaluated to determine if support for
the proposed bridge structure can be provided by spread footings. Various types of foundations will be
evaluated.Design recommendations for shallow or deep foundations will be provided, as appropriate.
Task 2.11.1 Slone Stability Analysis. New slopes will be formed during construction of embankments for
bridge approaches, on-ramps,and off-ramps. Stability analyses will be performed to evaluate near-surface
and overall stability. Ground surface settlements could occur as a result of embankment construction. The
magnitude and time rate of settlement under the new embankments will be evaluated.
Task 2.11.2 Pavement Structural Sections. Alternative flexible pavement structural sections will be
evaluated and recommendations will be provided for the most suitable pavement types.
Task 2.11.3 Borings. A hollow-stem auger is considered most effective for advancing the test borings to the
required depths. Disturbed samples will be obtained from auger cuttings and by driving a Standard
Penetration Test(SPT)sampler at frequent intervals. The SPT sampler will be driven with a 63.5-kilogram
(kg)hammer falling 760 millimeters(nun)in accordance with ASTM procedures. Relatively undisturbed
samples will be obtained with a 63.5 min inner diameter sampler driven with the 63.5 kg hammer falling
760 mm. Appropriate encroachment permits will be obtained before field work within the City of Palm
Springs' and Caltrans'rights-of-way is started.Upon completion of the fieldwork,the borings will be
backfnlled and pavements patched with cold patch or ready-mix concrete, as required by the permits.
Task 2.11.4 Field Exploration and Laboratory Testing. The field investigation for the Geotechnical
Design Report will consist of drilling exploratory borings for the embankment and borings for pavement
design. Subsurface soil samples will be obtained during the field investigation program for laboratory
testing. The laboratory program will consist of moisture content and dry density determinations,
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classification tests, shear strength tests,consolidation(compressibility)tests, R-value determinations, and
corrosivity assessments.
Task 2.11.5 Eng neerinPAnaiVsis and Report Preparation. A final Geotechnical Design Report shall be
prepared. The report will include descriptions of the field and laboratory programs,results of foundation,
settlement, stability and pavement analyses, and design recommendations for:
1) Site stratigraphy,structural geology and natural slope stability.
2) Subsurface soil and rock conditions.
3) Surface drainage and groundwater levels.
4) Liquefaction potential and the potential for earthquake-induced settlements.
5) Excavatability and shrinkage and swell factors for estimating earthwork quantities.
6) Embankment construction and foundation preparation beneath embankments.
7) Estimated final ground surface settlements where new embankments are constructed.
8) Earth retaining systems.
9) Flexible pavement structural sections.
10) Culvert foundations
11) Potential sources of borrow material.
12) Potential for disposal of excess materials derived from earthwork operations.
13) Construction considerations,including construction monitoring and instrumentation.
14) Temporary and permanent cut and fill slope stability.
15) Suitable foundation types for structures along with geotechnical engineering criteria for foundation
design.
16) Suitability of on-site soils for use as structure backfill and structure backfill materials,placement and
compaction.
Task 2.12 Right of Way Engineering. From the preliminary survey information obtained, The Contractor shall
analyze the measured and record data to establish boundary lines per acceptable land surveying methods.
Preliminary right-of-way maps will be prepared from a compilation of field survey data and researched data.
The preliminary right-of-way maps will be submitted to Caltrans for approval. The right-of-way limits shall be
incorporated into the final right-of-way map.
Task 2.12.1 Legal Descriptions.The Contractor shall prepare all legal descriptions for full and partial land
acquisitions and plats for all properties affected by the proposed improvements and to acquire necessary
right of way. All legal descriptions and plats will be prepared in metric format and in accordance with
Caltrans Right-of-Way Engineering Standards.
Task 2.13 Agreements. Contractor shall provide technical and administrative support to the City of Palm
Springs as required for obtaining cooperative agreements,freeway agreements and escrow agreements.
Task 2.14 Utility Coordination/Relocations. Contractor shall coordinate with the affected utility companies to
provide relocation plans and permits. Relocation data received from the utility companies shall be shown on the
Utility Plans prepared by Contractor.
Task 3.0 Structures
Task 3.1 Preliminary Structure Design. The culmination of preliminary design work will lead to the submittal
and presentation for review and approval of a Type Selection Report for the structure.
Task 3.1.1 Tyne Selection Review Meeting, A Type Selection Review Meeting shall be held,in which
Contractor will discuss and provide information on foundation requirements,hydrological requirements,
falsework requirements, seismic and aesthetic considerations,traffic handling, construction cost and other
pertinent information that is needed to detennine the proper structure type.
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Task 3.2 Geotechnical Coordination and Foundation Report, A Foundation Report shall be prepared for the
structures based upon the field and laboratory investigations described below. The Foundation Report shall be
prepared and signed by a Certified Engineering Geologist and a Registered Geotechnical Engineer with deep
foundation experience currently licensed in the State of California. Recommendations shall be included in the
report for structure foundation types and footing elevations. Specified and design pile tip elevations shall be
provided by Contractor. Information on groundwater conditions, allowable bearing capacities and other data
needed to evaluate the selected foundation shall also be provided.The report also will address anticipated fill
settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway
approaches. The Foundation Report shall include:
1) Nature of materials on the site.
2) Liquefaction potential.
3) Geologic hazards that may exist and recommendations for mitigation measures.
4) Soil parameters and load requirements for shoring systems if required.
Design parameters and potential construction difficulties shall be identified and addressed in the Foundation
Report,together with the proper mitigation measures. For the bridge structure, alternative types of foundations
will be evaluated to allow selection of the most suitable type of foundation. A Log of Test Borings (LOTB)
sheet will be prepared and included as part of the report and for inclusion in structure plans.
Task 3.2.1 Field Exploration and Laboratory Testing. Contractor shall explore subsurface conditions by
drilling 3 test borings (one at each abutment and one at the bent)to depths of 20 to 23 meters.'Be exact
locations will be selected in consultation with Caltrans personnel to minimize impacts on freeway traffic.
Subsurface investigations will provide for utilization of Class 45 (metric Class 400)piles as a minimum if
pile foundations are determined appropriate.
Disturbed and relatively undisturbed samples shall be obtained from the borings for classification and
laboratory testing. It is anticipated that laboratory testing will include moisture content and dry density
determinations,classification tests, shear strength tests,consolidation(compressibility)tests and corrosivity
assessments.
Task 3.2.2 Engineering Analysis. Results of the field exploration and laboratory test programs shall be
analyzed to develop idealized subsurface profiles and geotechnical design parameters for bridge
foundations.The most appropriate foundation type and related capacity will be recommended. Seismic
parameters such as peak bedrock acceleration and depth to rock-like materials will be provided. Other
seismic hazards, if encountered,will be addressed and recommendations will be provided to mitigate these
hazards.
Task 3.2.3 Report Preparation. The results obtained from the geoteclmical investigation shall be
documented in a Draft Foundation Report,which will include a LOTB sheet. The draft report shall be
submitted to the PDT for review.The report will be finalized upon receipt of review comments.The report
will include conclusions and recommendations regarding:
1) Types locations and engineering characteristics of foundation materials.
2) Engineering seismology of the project area, including liquefaction potential.
3) Geotechnical factors potentially affecting the design of the proposed structure,including settlement and
groundwater.
4) Geotechnical design parameters for the most suitable methods of foundation support including
allowable bearing capacities and resistance to lateral loads.
5) Corrosivity of on-site materials with respect to steel and reinforced concrete.
6) Fill and backfill material,placement and compaction procedures.
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Task 3.3 Structural Design and Calculations. Following the Type Selection Meeting and approval of the
General Plan and Foundation Report, structural design calculations shall be prepared. All plans and calculations
shall conform to Caltrans'requirements and shall be made available for review upon request.
Task 3.4 Demolition of Existing Bridge. Contractor shall prepare plans and specifications for the demolition of
the existing bridge.
Task 3.5 Structural Special Provisions. Contractor shall prepare Structure Special Provisions specific to this
project which will be incorporated into the final PS&E. These Structure Special Provisions shall be prepared,
signed and stamped by a Professional Engineer registered in the State of California.
Task 3.6 Estimate: Contractor shall prepare quantity calculations for the bridge cost estimate. All contract item
quantity calculations will be independently checked and substantiated with calculations.
Task 3.7Independent Check Review and Quality Control. An Independent Check review shall be conducted as
soon as the initial design is completed for the bridges. Checking will include the preparation of an independent
set of structural design check-calculations and review of the plans, specifications and estimate(PS&E).
Task 3.8 Draft PS&E.The checked Structure Plans shall be submitted to the PDT, City and Caltrans DOS for
review and comments.
Task 3.9 Final PS&E. The final PS&E shall incorporate all review comments from the PDT, Caltrans DOS and
other affected agencies. Contractor shall provide all the necessary documents in a"bid-ready"form.
Task 4.0 Roadway
Task 4.1 Basic Roadway Plans. The following list of drawing types shall be included:
• Profiles with Superelevation • Swrunary of Quantities
Title Sheet and Location Map Diagrams • Highway Planting and Irrigation
• Typical Sections • Construction Details Plans
• Key Map and Line Index • Contour Grading
Layouts • Utility Plans
Task 4.2 Drainage Plans. Contractor shall perform hydrology and hydraulic studies to obtain and provide design
solutions,which will remove surface runoff from the upstream side of the highway to downstream side.The
following list of drawing types shall be included:
• Drainage Plans • Drainage Details
• Drainage Profiles • Drainage Quantities
Task 4.3 Traffic Plans.
The following list of drawing types shall be included:
• Stage Construction and Traffic • Construction Area Sign Plans
Handling Plans • Pavement Delineation Plans
• Detour Plans • Sign Plans
• Electrical Plans (Signals&
Ramp Metering)
Task 4.4 Miscellaneous Plans. The following list of drawing types will also be included:
NPDES Erosion Control Plans Safety Barriers/Fencing
• Retaining Wall Plans
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Task 4.5 Specifications and Estimate. Special provisions and an Engineer's Estimate shall be prepared.
Task 4.6 Roadway Deliverables.
Task 4.6.1 Submittals. 35%Geometric Approval Drawings (GAD)will be submitted at the 35%completion stage.
Roadway,drainage,traffic, special provisions,the engineer's estimate and miscellaneous plans will be submitted for
review to the PDT,City and Caltrans at the 65%, and 100%completion stages.
Task 4.6.2 Draft PS&E (95% Complete) Zoe-in). 95%(Log-in)plans shall be submitted to the PDT,City of
Palm Springs and Caltrans for review and comment. This submittal will include:
1. 4. Engineer's Estimate notes
All Plans 5. Roadway cross- 6. Back-up quantity
2. D e s i g n sections at 20 meter calculations
Calculations intervals/staking
3. Special Provisions
Task 4.6.3 Final PS&E (100%Complete). The Final PS&E shall incorporate all applicable comments
from the draft PS&E received from the PDT, City of Palm Springs, Caltrans, FHWA and other
affected agencies. The entire project electronic files (Microstation fomrat), will be submitted to
Caltrans for Headquarters approval(Sacramento)upon final approval of the PS&E.
Task 4.6.4 Proiect Files and Resident Engineer's File. Project files and the Resident Engineer's file shall
be submitted with the Final PS&E(100%Complete).
Task 4.6.5 Slone Stake Notes. Slope stake notes will be provided at 20-meter intervals for all design
alignments.
Task 5.0 Construction Bidding Phase
In the event that bid items require interpretation, the items will be analyzed by Contractor. Corrective action
taken will be in the form of an addendum prepared by Contractor and issued by the City or by a covering
change order after the award of the construction contract.
Task 6.0 Construction Support Phase
Contractor shall attend the pre-construction meeting with the successful construction contractor. During
construction, Contractor shall furnish all necessary additional drawings as required and will review shop
drawings submitted by the construction contractor. Contractor will be available to visit to the job site for on-
site review of construction and other visits to the job site as requested to resolve any discrepancies in the
contract documents.
Task 6.1 As-Built"Plans. Contractor shall prepare and deliver to the City and Caltrans "As-Built"plans.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.1, Insurance, First paragraph after 5.1(d), add:
"except for Professional Errors and Omissions Insurance" to the end of
the first sentence.
Section 5.1, Insurance Replace (d) "Additional Insurance" with the following:
(d) Professional Errors and Omissions Insurance. A policy of Professional Errors and
Omissions Insurance in an amount not less than $1,000,000 per claim and in the
aggregate with respect to loss arising from the actions of Contractor performing
professional services hereunder on behalf of the City.
Sections 5.1 and 5.2 -After the word City in the first paragraph, after 5.1(d) and in Section 5.2, add:
", the Coachella Valley Association of Governments and the County of
Riverside."
Section 5.3, Performance Bond is waived.
EXHIBIT "B"
FSMM 999s9-9aooalw 4.2&14M TO CONTRACT SERVICES AGREEMENT
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement.
Subtask Amount Task Total Phase Total
Project Report/Environmental
Task 1.1 Project Management $12,567
Total Task 1 $12,567
Task 2.1 Research &Data Gathering $1,083
Task 2.2 PDT Meetings $10,833
Task 2.3 Survey $40,297
Task 2.4 Preliminary Hydrology Report $12,999
Task 2.5 Preliminary Geotechnical Report $6,066
Task 2.6 Traffic Operations Analysis $27,406
Task 2.7 Environmental Approval $76,045
Task 2.8 Value Engineering $5,633
Task 2.9 Project Report $48,205
Task 2.10 Geometric Approval Drawing $23,615
Task 2.11 Landscape Concept Approval $3,466
Drawing
Task 2.12 Geotechnical Design Report $19,824
Task 2.13 Bridge Type Selection $18,415
Task 2.14 Right of Way Engineering $12,457
Task 2.15 Agreements $2,925
Task 2.16 Utility Coordination $11,807
Total Task 2 $321,076
Total per phase $333,64
Final Plans, Specs & Estimates
Task 1.0 Project Management $29,349 $29,349
Task 2.0 35%-Road GAD $18,352 $18,352
Task 3.0 Bridge Type Selection-Comments $5,915 $5,915
Task 4.0 65% Road Plans $245,180 $245,180
Task 5.0 65% Structure Plans $81,828 $81,828
Task 6.0 Initial Structure PS&E $35,947 $35,947
Task 7.0 Road PS&E $93,279 $93,279
Task 8.0 Structure PS&E $8,570 $8,570
Task 9.0 District PS&E $28,818 $28,818
Task 10.0 Construction Preparation $18,580 $18,580
Total per phase $565,81
Bid/Award Support
Task 1.0-1.3 Bid/Award Support $10,008 $10,008
Total per phase $10,008
Construction Support
Task 1.1 Construction Support $26,874 $26,874
Task 1.2 As-Builts $7,500 $7,500
Total per phase $34,37
TOTAL FEE., $943,843
q #4
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Task 2 shall be completed within 12 months of receipt of a Notice To Proceed from City.
Tasks 1, 3, and 4 shall be completed within 24 months of receipt of a Notice to Proceed from City.
Tasks 5 and 6 shall be performed as directed by City.
EXHIBIT "D"
FS2296YID9999-3p M6p .2&141% TO CONTRACT SERVICES AGREEMENT
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aA*29
MINUTE ORDER NO.
APPROVING A CONTRACT SERVICES AGREEMENT
WITH DOKKEN ENGINEERING IN THE AMOUNT OF
$943,842.00, FOR THE ENGINEERING DESIGN,
INCLUDING PROJECT REPORT AND ENVIRONMENTAL
SERVICES, FOR THE INDIAN AVENUE/INTERSTATE 10
INTERCHANGE DESIGN, A CVAG REGIONAL MEASURE
A AND JOINT CITY OF PALM SPRINGS/COUNTY OF
RIVERSIDE PROJECT; CITY PROJECT NO. 00-14
I HEREBY CERTIFY that this Minute Order approving a Contract Services Agreement
with Dokken Engineering in the amount of$943,842.00 for the engineering design,
including project report and environmental services, for the Indian Avenue/Interstate 10
Interchange Design, a CVAG Regional Measure A and joint City of Palm Springs/County
of Riverside project, City Project No. 00-14, was approved by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the 6TH day of December 2000.
PATRICIA A. SANDERS
City Clerk