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441FOR * City Council Staff Report
Date: February 21, 2018 CONSENT CALENDAR
Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
ADVANTEC CONSULTING ENGINEERS, INC., FOR THE HIGHWAY
SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 8 TRAFFIC
SIGNAL MODIFICATIONS, FEDERAL-AID PROJECT NO. HSIPLN-5282
(047) AND INSTALLATION OF A FLASHING BEACON, FEDERAL-AID
PROJECT NO. HSIPL-5282 (048), CITY PROJECT NO. 16-18
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
Award of this contract will allow the City to proceed with professional environmental and
engineering design services to commence with the Preliminary Engineering (PE) phase
for the Highway Safety Improvement Program (HSIP) Cycle 8 Traffic Signal
Modifications, Federal-Aid Project No. HSIPLN-5282 (047) and Installation of a Flashing
Beacon, Federal-Aid Project No. HSIPL-5282 (048), City Project No. 16-18 (the
"Project').
RECOMMENDATION:
1) Approve Professional Services Agreement No. with Advantec Consulting
Engineers, Inc., in the amount of $433,144 for environmental and engineering
design services for the Highway Safety Improvement Program (HSIP) Cycle 8 Traffic
Signal Modifications, Federal-Aid Project No. HSIPLN-5282 (047) and Installation of
a Flashing Beacon, Federal-Aid Project No. HSIPL-5282 (048), City Project No. 16-
18; and
2) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Advantec Consulting Engineers, Inc., is a California corporation whose corporate
officers are Leo Lee, as President/Treasurer and Carlos A. Ortiz, as Secretary. A search
of records available through the Secretary of State of California shows that as of June 5,
2017, the business entity had two listed Directors or Officers, listed as Leo Lee and
ITEM NO. .1•44
City Council Staff Report
February 21, 2018- Page 2
Approve PSA for CP16-18
Carlos A. Ortiz. According to a statement from Advantec, its private shareholders and
ownership interests are comprised of the following individuals: Leo Lee (77%), Tracy
Moriya (6.8%), Edward Miller (4.4%), Carlos Ortiz (4.4%), Pauline Yip (4.4%), and Mark
Esposito (3%).
STAFF ANALYSIS:
After successfully being awarded HSIP Cycle 7 for a total grant amount of $3,325,200
for City Project 15-32 and continuing the effort to improve the safety of the traveling
public — the Engineering Services Department submitted to Caltrans applications for
federal Highway Safety Improvement Program (HSIP) Cycle 8 funds to upgrade an
additional fourteen (14) traffic signal intersections, inclusive of Caltrans signals, with the
latest in traffic safety equipment, including installation of advanced dilemma zone
detection and upgrading of ADA curb ramps and installation of a flashing beacon with
enhanced delineation for southbound traffic on Gene Autry Trail south of Salvia Road.
The project locations are shown below in Figure 1.
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City Council Staff Report
February 21, 2018- Page 3
Approve PSA for CP16-18
The City's two applications were among a limited number of 26 projects awarded
funding in the Riverside/San Bernardino County area (Caltrans District 8) of the 224
projects awarded statewide. Within the Coachella Valley, Palm Springs (2 projects),
Indio (2 projects) and Cathedral City (1 project) were awarded HSIP Cycle 8 funding.
The City was awarded the full combined grant request of $3,057,500 which is 100%
grant funded (with no required local match).
As a condition of award, Caltrans now requires agencies to meet key delivery deadlines.
The City has received its Authorization to Proceed with Preliminary Engineering for the
Project, meeting the first of two milestones per the award letter. As part of the
Authorization for Funding, the City of Palm Springs and the State of California is
required to enter into standard agreements in order to receive federal funding.
On June 7, 2017, the City Council approved Program Supplement Agreement No's.
F045 and F046 to facilitate the use of federal funds for the Project. With this approval,
the City can obtain reimbursement of up to $545,900 in federal-aid funds toward the
environmental and engineering design phase (Preliminary Engineering) for the Project.
Staff prepared a Request for Proposals (identified as RFP #01-18) soliciting proposals
from qualified professional engineering firms to provide the City with environmental and
engineering design services related to the Project. RFP #01-18 was posted and
advertised on July 8, 2017. The scope of services requested includes the preparation of
environmental documents and technical studies necessary to obtain environmental
clearances; preparation of plans, specifications and estimate; and construction support
for implementing the Project. On August 8, 2017, the City received proposals from the
following four firms, identified below in alphabetical order:
• Advantec Consulting Engineers, Inc.; Irvine, CA
• GHD Inc.; Moreno Valley, CA
• Kimley-Horn; Orange, CA
• KOA Corporation; Ontario, CA
An Evaluation Committee consisting of Engineering Services Department staff
independently reviewed the proposals received, and evaluated the proposals on the
basis of the criteria established in RFP #01-18. On August 21, 2017, the Evaluation
Committee met with the Procurement and Contracting Manager to complete and review
the evaluation process, and unanimously agreed that Advantec Consulting Engineers,
Inc., ("Advantec") is the most qualified professional firm to provide the requested
services for the Project.
Staff reviewed Advantec's cost proposal of $531,895 and compared its proposal with a
similar contract recently awarded by the Council in 2017 for the HSIP Cycle 7 project,
and negotiated a reduction in fee totaling $98,751 for a final contract fee of $433,144.
The negotiated fee for the requested services to be provided by Advantec is 14.2% of
the preliminary construction budget of $3,057,500 identified in the City's grant
application for the Project, and is considered a fair and reasonable fee.
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City Council Staff Report
February 21, 2018- Page 4
Approve PSA for CPI 6-18
Staff recommends that the City Council approve the Professional Services Agreement
with Advantec in the amount of $433,144; a copy of the Professional Services
Agreement is included as Attachment 1.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," indicates that in awarding contracts for services, including consultant
services, preference to Local Business shall be given whenever practicable, and that
the consultant shall solicit proposals from sub-consultants from local firms. In
accordance with the exceptions in the Code, given the federal funding associated with
this Project local preferences are not allowed, and the provisions of the City's Local
Business Preference Program were not included in the City's RFP #01-18.'
ENVIRONMENTAL IMPACT:
Construction of the Project is subject to environmental review pursuant to the California
Environmental Quality Act ("CEQA"), and the National Environmental Policy Act
("NEPA"). Advantec will complete all technical and environmental analysis associated
with the Project to determine any environmental mitigation measures required, and will
prepare environmental documents for City approval.
FISCAL IMPACT:
This project is federally funded with HSIP federal-aid funds. The environmental and
engineering design (Preliminary Engineering) phase of the Project has been
programmed with disbursements and use of up to $545,900 of HSIP federal-aid funds.
Sufficient funds are available to approve the proposed professional services agreement
with Advantec, in the amount of $433,144. The entire contract amount is funded 100%
with federal HSIP funds, no local or Measure J funds will be required for this project.
SUBMITTED
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T omas Garci , P.E. Marcus L. Fuller, MPA, Pt., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.
City Manager
Attachments: Agreement
The primary basis behind the prohibition of local hiring preferences is that they are inconsistent
with the principles of free and open competition, which is required in the federal-aid program
pursuant to federal law found at 23 USC 112, "Letting of Contracts". 04
ATTACHMENT 1
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CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC SIGNAL IMPROVEMENTS, FPN HSIPLN-5282 (047)
INSTALLATION OF A FLASHING BEACON, FPN HSIPL-5282 (048)
CITY PROJECT NO. 16-18
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into, to be effective this day of , 2018, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter
referred to as "City") and Advantec Consulting Engineers, Inc., a California corporation,
(hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter
individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for Environmental, Design, Right of
Way, and Construction Support services for the Traffic Signal Improvements, Federal Project
Number (FPN) HSIPLN-5282 (047), and Installation of a Flashing Beacon, Federal Project
Number, combined into one City Project No. 16-18 ("Project").
B. Consultant has submitted to City a proposal to provide Environmental, Design,
Right of Way, and Construction Support services for the Project for the City pursuant to the
terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided
herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit 'A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the
City entering into this Agreement, Consultant represents and warrants that this Agreement
requires specialized skills and abilities and is consistent with this understanding, Consultant is
a provider of first class work and professional services and that Consultant is experienced in
performing the Work and Services contemplated herein and, in light of such status and
experience, Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required hereunder. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized as
Page 1 of 29
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high quality among well-qualified and experienced professionals performing similar work under
similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals;
and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's
Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for
Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C",
respectively, are incorporated by reference and are made a part of this Agreement. The
Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of
Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on
the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict
or inconsistency shall be resolved by applying the provisions in the highest priority document,
which shall be determined in the following order of priority: (15) the terms of this Agreement;
(2"6) theprovisions of the Scope of Services (Exhibit "A"); as may be amended from time to
time; (3r ) the provisions of the City's Request for Proposal (Exhibit "B°); and, (4th) the
provisions of the Consultant's Proposal (Exhibit "C").
1.3 Compliance with Law. Consultant warrants that all Services rendered
hereunder shall be performed in accordance with all applicable federal, state, and local laws,
statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder,
including without limitation all applicable Cal/OSHA requirements.
1.4 Licenses, Permits, Fees and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work and
Services required by this Agreement. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, qualification, or approval that is legally required for Consultant
to perform the Work and Services under this Agreement. Consultant shall have the sole
obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the Consultant's
performance of the Work and 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 Agreement, Consultant warrants that
Consultant (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, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services hereunder. Should the Consultant
discover any latent or unknown conditions that will materially affect the performance of the
Services hereunder, Consultant shall immediately inform the City of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the City.
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1.6 Care of Work. Consultant shall adopt reasonable methods during the term 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 the 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.
1.8 Performance of Services. City Manager or the Director of Engineering Services
/ City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time
during the term of this Agreement to order the performance of services as generally described
in the Scope of Services to perform extra or additional work beyond that specified in the Scope
of Services or make changes by altering, adding to, or deducting from such Work. No Work
may be undertaken unless a written order is first given by the City Manager or the Director of
Engineering Services / City Engineer to the Consultant, incorporating therein the identification
and description of the Work to be performed, a maximum or not to exceed amount for such
Work, and the time to perform this Agreement.
1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will
comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A.
§§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized
aliens as defined therein. Should Consultant so employ such unauthorized aliens for the
performance of any work and/or services under this Agreement, and should any liability or
sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby
agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses,
costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties
which arise out of or are related to such employment, together with any and all costs, including
attorneys' fees, incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "D" and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of Four Hundred Thirty-Three
Thousand, One Hundred Forty-Four Dollars, ($433,144.00) ("Maximum Contract
Amount"), except as may be provided under Section 1.8. The method of compensation shall
be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction
costs, telephone expenses, and transportation expenses must be approved in advance by the
Contract Officer designated under Section 4.2 and will only be approved if such expenses are
also specified in the Schedule of Compensation. The Maximum Contract Amount shall include
the attendance of Consultant at all Project meetings reasonably deemed necessary by the
City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for
attending these meetings. Consultant accepts the risk that the services identified in the Scope
of Services may be more costly and/or time-consuming than Consultant anticipates, that
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Consultant shall not be entitled to additional compensation, and that the provisions of Section
1.8 shall not be applicable to the services identified in the Scope of Services. The maximum
amount of city's payment obligation under this section is the amount specified in this
Agreement. If the City's maximum payment obligation is reached before the Consultant's
Services under this Agreement are completed, Consultant shall complete the Work and City
shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, Consultant shall submit to the City an invoice for services rendered prior to the date
of the invoice. The invoice shall be in a form approved by the City's Finance Director and must
be submitted no later than the tenth (10) working day of such month. Such requests shall be
based upon the amount and value of the services performed by Consultant and accompanied
by such reporting data including an itemized breakdown of all costs incurred and tasks
performed during the period covered by the invoice, as may be required by the City. City shall
use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or as soon as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by the City, the Parties shall execute a written amendment to this
Agreement, setting forth with particularity all terms of such amendment, including, but not
limited to, any additional professional fees. An amendment may be entered into: (a) to provide
for revisions or modifications to documents or other work product or work when documents or
other work product or work is required by the enactment or revision of law subsequent to the
preparation of any documents, other work product, or work; and/or (b) to provide for additional
services not included in this Agreement or not customarily furnished in accordance with
generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the
Agreement. If such appropriations are not made, the City Manager may terminate this
Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding
for any work or services and Consultant shall not be entitled to payment for any work or
services that Consultant may provide. Consultant further acknowledges the following:
A. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of funds or appropriation of funds, for the mutual benefit
of both parties, in order to avoid program and fiscal delays that would occur if the contract
were executed after that determination was made.
B. This Agreement is valid and enforceable only, if sufficient funds are made available to the
City for the purpose of this Agreement. In addition, this Agreement is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the Congress, State
Legislature, or City Council that may affect the provisions, terms, or funding of this
Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be
amended to reflect any reduction in funds.
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D. The City has the option to void the Agreement under the 30-day termination clause
pursuant to as provided in Section 8.3 of this Agreement, or by mutual agreement to amend
the Agreement to reflect any reduction of funds.
2.5 Cost principals and Administration Requirements.
A. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine
the cost allowability of individual items.
B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
C. Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment
by Consultant to City.
2.6 Prompt Payment to Subconsultants. Consultant shall pay its subconsultants
within ten (10) calendar days from receipt of each payment made to Consultant by City.
2.7 Equipment Purchase.
A. Prior authorization in writing, by City's Contract Officer, shall be required before Consultant
enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or Consultant services. Consultant shall provide an evaluation of the necessity
or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in Consultant's Cost
Proposal and exceeding $5,000 prior authorization by City's Contract Officer; three
competitive quotations must be submitted with the request, or the absence of bidding must
be adequately justified.
C. Any equipment purchased as a result of this Agreement is subject to the following:
"Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
City shall receive a proper refund or credit at the conclusion of the contract, or if the
contract is terminated, Consultant may either keep the equipment and credit City in an
amount equal to its fair market value, or sell such equipment at the best price obtainable at
a public or private sale, in accordance with established City procedures; and credit City in
an amount equal to the sales price. If Consultant elects to keep the equipment, fair market
value shall be determined at Consultant's expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser
mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the
terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200
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requires a credit to Federal funds when participating equipment with a fair market value
greater than $5,000 is credited to the project.
2.8 Retention of Funds.
A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this Section.
B. No retainage will be held by the City from progress payments due the Consultant. Any
retainage held by the Consultant or subconsultants from progress payments due
subconsultants shall be promptly paid in full to subconsultants within 30 days after the
subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that
any delay or postponement of payment over the 30 days may take place only for good
cause and with the City's prior written approval. Any violation of this provision shall subject
the violating Consultant or subconsultant to the penalties, sanctions and other remedies
specified in Section 7108.5 of the Business and Professions Code. These requirements
shall not be construed to limit or impair any contractual, administrative, or judicial remedies,
otherwise available to the Consultant or subconsultant in the event of a dispute involving
late payment or nonpayment by the Consultant, deficient subconsultant performance, or
noncompliance by a subconsultant. This provision applies to both DBE and non-DBE
Consultant and subconsultants.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"),
incorporated by reference.
3.2 Schedule of Performance. Consultant shall commence the Services under 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. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in a Task Order 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
Consultant (financial inability excepted), including, but not limited to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency,
including the City, if Consultant, within ten (10) days of the commencement of such delay,
notifies the City Manager in writing of the causes of the delay. The City Manager 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 City Manager such delay is
justified. The City Manager's determination shall be final and conclusive upon the Parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City
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for any delay in the performance of this Agreement, however caused, Consultant's sole
remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall
commence upon the effective date of this Agreement and continue in full force and effect until
completion of the Services. However, the term shall not exceed five (5) years from the
commencement date, except as otherwise provided in the Schedule of Performance described
in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its
behalf with respect to the Services to be performed under this Agreement and make all
decisions in connection therewith: Carlos Ortiz, Chief Operating Officer. It is expressly
understood that the experience, knowledge, education, capability, expertise, and reputation of
the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services performed hereunder. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City, and is subject to change by the City Manager. It shall
be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of
the progress of the performance of the Services, and the Consultant 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 Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant
shall not assign the performance of this Agreement, nor any part thereof, nor any monies due
hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required under this
Agreement without the prior written consent of City. If Consultant is permitted to subcontract
any part of this Agreement by City, Consultant shall be responsible to City for the acts and
omissions of its subConsultant(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subConsultant and City. All persons engaged in the Work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant. 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 consent 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 Consultant, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
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including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release Consultant or any surety of Consultant from any liability hereunder without the express
written consent of City.
4.4 Independent Consultant.
A. The legal relationship between the Parties is that of an independent
Consultant, and nothing herein shall be deemed to make Consultant a City employee. During
the performance of this Agreement, Consultant and its officers, employees, and agents shall
act in an independent capacity and shall not act as City officers or employees. The personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be
under Consultant's exclusive direction and control. Neither City nor any of its officers,
employees, or agents shall have control over the conduct of Consultant or any of its officers,
employees, or agents, except as set forth in this Agreement. Consultant, its officers,
employees, or agents shall not maintain an office or any other type of fixed business location
at City's offices. City shall have no voice in the selection, discharge, supervision, or control of
Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other
amounts due its employees in connection with this Agreement and shall be responsible for all
reports and obligations respecting them, including but not limited to social security income tax
withholding, unemployment compensation, workers' compensation, and other similar matters.
City shall not in any way or for any purpose be deemed to be a partner of Consultant in its
business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation,
or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees,
or agents in connection with any performance under this Agreement. Except for professional
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for the performance of Services under this Agreement. City
shall not be liable for compensation or indemnification to Consultant, its officers, employees, or
agents, for injury or sickness arising out of performing Services hereunder. If for any reason
any court or governmental agency determines that the City has financial obligations, other than
pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or
benefits of Consultant's officers, employees, servants, representatives, subConsultants, or
agents, Consultant shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. 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 Consultant agrees that the minimum
limits of the insurance policies may be changed accordingly upon receipt of written notice from
the City Manager or his designee. Consultant shall immediately substitute any insurer whose
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A.M. Best rating drops below the levels specified herein. Except as otherwise authorized
below for professional liability (errors and omissions) insurance, all insurance provided
pursuant to this Agreement shall be on an occurrence basis. The minimum amount of
insurance required hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant
is unaware of any professional liability claims made against Consultant and is unaware of any
facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide
the certification pursuant to (a), Consultant shall procure from the professional liability insurer
an endorsement providing that the required limits of the policy shall apply separately to claims
arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for
a period of three (3) years from the date of the completion of the Services provided hereunder.
In the event of termination of the policy during this period, Consultant shall obtain continuing
insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for
complete coverage, either of which shall be subject to the written approval by the City
Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation
insurance in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subConsultants, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
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least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent Consultants, broad form property damage, products and
completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of employer liability insurance
written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager prior to commencing any
work or services under this Agreement. Consultant guarantees payment of all deductibles and
self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in
excess of $10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Consultant's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained
by the City and its officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to the City or its operations shall limit the application of such
insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs
the coverages set forth herein (e.g., elimination of contractual liability or reduction
of discovery period), unless the endorsement has first been submitted to the City
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Manager and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the
endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may
delay commencement of the Project. It is Consultant's obligation to ensure
timely compliance with all insurance submittal requirements as provided herein.
5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subConsultants and others engaged in the Project will be
submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the City nor does it
waive any rights hereunder in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. Endorsements as required in
this Agreement applicable to the renewing or new coverage shall be provided to
City no later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this Agreement and
for any other claim or loss which may reduce the insurance available to pay
claims arising out of this Agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City, or to reduce or dilute
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insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII,
or better, unless such requirements are waived in writing by the City Manager or his designee
due to unique circumstances.
5.5 Verification of Coverage.Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to
be received and approved by the City before work commences. City reserves the right to
require Consultant's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and
Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured..." ("as respects City of Palm Springs Contract No. or "for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any
and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative" is
not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
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be authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless City, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and
against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments,
arbitration awards, settlements, damages, demands, orders, penalties, and expenses including
legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising
from injuries to or death of persons (Consultant's employees included), for damage to property,
including property owned by City, from any violation of any federal, state, or local law or
ordinance, and from errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, that arise out of or relate to Consultant's performance under this
Agreement. This indemnification clause excludes Claims arising from the sole negligence or
willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement
be construed to limit Consultant's indemnification obligation or other liability under this
Agreement. Consultant's indemnification obligation shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters
indemnified are fully and finally barred by the applicable statute of limitations or, if an action is
timely filed, until such action is final. This provision is intended for the benefit of third party
Indemnified Parties not otherwise a party to this Agreement.
6.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of
the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties")
against any and all liabilities, claims, judgments, arbitration awards, settlements, costs,
demands, orders and penalties (collectively "Claims"), including but not limited to Claims
arising from injuries or death of persons (Consultant's employees included) and damage to
property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or
willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from
Consultant's negligent, reckless or willful performance of or failure to perform any term,
provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's
liability for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness or willful misconduct of the City and its elected officials. Officers,
employees, agents and volunteers.
B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified
Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified
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Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to
Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding.
The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified
Claims" shall be based on the allegations made in the Claim and the facts known or
subsequently discovered by the Parties. Consultant's indemnification obligation hereunder
shall survive the expiration or earlier termination of this Agreement until all actions against the
Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
C. The Consultant shall require all non-design-profession sub-Consultants, used or sub-
contracted by Consultant to perform the Services or Work required under this Agreement, to
execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in
favor of the Indemnified Parties. In additions, Consultant shall require all non-design-
professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or
Work required under this Agreement, to obtain insurance that is consistent with the Insurance
provisions as set forth in this Agreement, as well as any other insurance that may be required
by Contract Officer.
6.3 Claims Filed by City's Construction Contractor.
A. If claims are filed by the City's construction contractor relating to work performed by
Consultant's personnel, and additional information or assistance from Consultant's
personnel is required in order to evaluate or defend against such claims; Consultant agrees
to make its personnel available for consultation with the City's construction contract
administration and legal staff and for testimony, if necessary, at depositions and at trial or
arbitration proceedings.
B. Consultant's personnel that the City considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from the City.
Consultant shall be responsible for all costs associated with consultation or testimony,
including travel costs, associated with defense of the City's construction contractor claims.
C. Services of Consultant's personnel in connection with the City's construction contractor
claims will be performed pursuant to a written amendment to this Agreement, if necessary,
extending the termination date of this Agreement in order to resolve the construction
claims.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to properly
perform the Services required by this Agreement and to 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 reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
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7.2 Consultant's Reports or Meetings.
A. Consultant shall submit progress reports at least once a month. The report should be
sufficiently detailed for the Contract Officer to determine, if Consultant is performing to
expectations, or is on schedule; to provide communication of interim findings, and to
sufficiently address any difficulties or special problems encountered, so remedies can be
developed.
B. Consultant's Project Manager shall meet with the City's Contract Officer, as needed, to
discuss progress on the Project.
C. Consultant 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. Consultant hereby acknowledges that the City is greatly concerned
about the cost of the Work and Services to be performed pursuant to this Agreement. For
this reason, Consultant agrees that if Consultant 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 Consultant is providing design
services, the cost of the project being designed, Consultant shall promptly notify the
Contract Officer of such fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Consultant is providing design services,
the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subConsultants, and agents in the performance of this Agreement
shall be the property of City and shall be promptly delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant 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 incomplete documents without specific written
authorization by the Consultant will be at the City's sole risk and without liability to Consultant,
and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant
may retain copies of such documents for its own use. Consultant shall have an unrestricted
right to use the concepts embodied therein. Consultant shall ensure that all its subConsultants
shall provide for assignment to City of any documents or materials prepared by them, and in
the event Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages resulting therefrom.
Consultant further acknowledges the following:
A. Upon completion of all work under this Agreement, ownership and title to all reports,
documents, plans, specifications, and estimates produce as part of this Agreement will
automatically be vested in the City; and no further agreement will be necessary to transfer
ownership to the City. Consultant shall furnish the City all necessary copies of data needed
to complete the review and approval process.
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B. It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine-readable form, are intended for one-time use in the construction of
the project for which this Agreement has been entered into.
C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided
by Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or
losses arising out of, or connected with any use by the City of the project documentation on
other projects for additions to this project, or for the completion of this project by others,
except only such use as many be authorized in writing by Consultant.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the
contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government
Contracts for federal-aid contracts).
E. The City may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty-free
nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize
others to use, the work for government purposes.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
Consultant further acknowledges the following:
A. All financial, statistical, personal, technical, or other data and information relative to the
City's operations, which are designated confidential by the City and made available to
Consultant in order to carry out this Agreement, shall be protected by Consultant from
unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the City
relating to the contract, shall not authorize Consultant to further disclose such information,
or disseminate the same on any other occasion.
C. Consultant shall not comment publicly to the press or any other media regarding the
Agreement or the City's actions on the same, except to the City's staff, Consultant's own
personnel involved in the performance of this Agreement, at public hearings or in response
to questions from a Legislative committee.
D. Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this Agreement without
prior review of the contents thereof by the City, and receipt of the City's written permission.
E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this Section.
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F. All information related to the construction estimate is confidential, and shall not be
disclosed by Consultant to any entity other than the City.
7.5 Audit and Inspection of Records.
A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable
and other matters connected with the performance of the Agreement pursuant to
Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make
available for inspection all books, documents, papers, accounting records, and other
evidence pertaining to the performance of the contract, including but not limited to, the
costs of administering the Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the contract period and for three
years from the date of final payment under the contract. The state, State Auditor, City,
FHWA, or any duly authorized representative of the Federal Government shall have access
to any books, records, and documents of Consultant and it's certified public accountants
(CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for
audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if
requested.
B. Consultant and any subconsultant shall permit the City, the state, and the FHWA if federal
participating funds are used in this Agreement; to review and inspect the project activities
and files at all reasonable times during the performance period of this Agreement including
review and inspection on a daily basis.
7.6 Audit Review Procedures.
A. Any dispute concerning a question of fact arising under an interim or post audit of this
Agreement that is not disposed of by agreement, shall be reviewed by City's Chief
Financial Officer.
B. Not later than 30 days after issuance of the final audit report, Consultant may request a
review by City's Chief Financial Officer of unresolved audit issues. The request for review
will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from
full and timely performance, in accordance with the terms of this contract.
D. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to
audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR
Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement,
cost proposal and ICR and related work papers, if applicable, will be reviewed to verify
compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances
of a CPA ICR audit work paper review it is Consultant's responsibility to ensure federal,
state, or local government officials are allowed full access to the CPA's work papers
including making copies as necessary. The Agreement, cost proposal, and ICR shall be
adjusted by Consultant and approved by City contract manager to conform to the audit or
review recommendations. Consultant agrees that individual terms of costs identified in the
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audit report shall be incorporated into the Agreement by this reference if directed by City at
its sole discretion. Refusal by Consultant to incorporate audit or review recommendations,
or to ensure that the federal, state or local governments have access to CPA work papers,
will be considered a breach of Agreement terms and cause for termination of the
Agreement and disallowance of prior reimbursed costs.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue.This Agreement shall be construed and interpreted
both as to validity and as 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 Consultant covenants
and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties.
The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and
shall not be deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon
such notice, City shall pay Consultant for Services performed through the date of termination.
Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further
claims against the City under this Agreement. Upon termination of the Agreement pursuant to
this section, Consultant shall submit to the City an invoice for work and services performed
prior to the date of termination. In addition, the Consultant reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to the City,
except that where termination is due to material default by the City, the period of notice may be
such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
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equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs
incurred by City as a result of such default. Compliance with the provisions of this section shall
not constitute a waiver of any City right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations
under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take
over the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the Services
required hereunder exceeds the Maximum Contract Amount (provided that the City shall use
reasonable efforts to mitigate such damages), and City may withhold any payments to the
Consultant for the purpose of set-off or partial payment of the amounts owed the City as
previously stated. The withholding or failure to withhold payments to Consultant shall not limit
Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies 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.
8.7 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.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses, including but not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or
in collection of any judgment entered in such proceeding. To the extent authorized by law, in
the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
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Page 19 of 28
8.9 Disputes.
A. Any dispute, other than audit, concerning a question of fact arising under this Agreement
that is not disposed of by agreement shall be decided by a committee consisting of City's
Contract Officer and Director of Engineering Services/City Engineer, who may consider
written or verbal information submitted by Consultant.
B. Not later than 30 days after completion of all work under the Agreement, Consultant may
request review by the City Council of unresolved claims or disputes, other than audit. The
request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse
Consultant from full and timely performance in accordance with the terms of this
Agreement.
9. CONFLICT OF INTEREST, NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees.No officer or employee of the City
shall be personally liable to the Consultant, 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 Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Consultant enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement. Further, Consultant acknowledges the following:
A. Consultant shall disclose any financial, business, or other relationship with the City that
may have an impact upon the outcome of this Agreement, or any ensuing City construction
project. Consultant shall also list current clients who may have a financial interest in the
outcome of this Agreement, or any ensuing City construction project, which will follow.
B. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or
business interest that would conflict with the performance of services under this
Agreement.
C. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant
will bid on any construction contract, or on any contract to provide construction inspection
for any construction project resulting from this Agreement. An affiliated firm is one, which is
subject to the control of the same persons through joint-ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials
testing information, no subconsultant who has provided design services in connection with
this Agreement shall be eligible to bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this Agreement.
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Page 20 of 28
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that
applicants are employed, and that employees are treated during their employment, without
regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Consultant certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Consultant activity, including but not 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; and further, that Consultant is in full compliance with the provisions of Palm
Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
Consultant further acknowledges the following requirements:
A. Consultant's signature affixed herein, and dated, shall constitute a certification under
penalty of perjury under the laws of the State of California that Consultant has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Consultant and subconsultants
shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and
subconsultants shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Agreement by reference and made a part hereof as
if set forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in
federally-assisted programs of the Department of Transportation —Title 49 Code of Federal
Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides
that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race,
color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of
federal assistance or their assignees and successors in interest.
c�.6
Page 21 of 28
D. The Consultant, with regard to the work performed by it during the Agreement shall act in
accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of
race, color, national origin, religion, sex, age, or disability in the selection and retention of
Subconsultants, including procurement of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited by
Section 21 .5 of the U.S. DDT's Regulations, including employment practices when the
Agreement covers a program whose goal is employment.
9.4 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants
that this Agreement was not obtained or secured through rebates kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of this
warranty, City shall have the right in its discretion; to terminate the contract without liability; to
pay only for the value of the work actually performed; or to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
9.5 Contingent Fee. Consultant warrants, by execution of this Agreement that no
person or selling agency has been employed, or retained, to solicit or secure this Agreement
upon an agreement or understanding, for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees, or bona fide established commercial or selling agencies
maintained by Consultant for the purpose of securing business. For breach or violation of this
warranty, the City has the right to annul this Agreement without liability; pay only for the value
of the work actually performed, or in its discretion to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyriaht Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by City or Consultant against patent or copyright infringement, statutory or otherwise,
it is agreed that Consultant shall defend at its expense any claim or suit against City on
account of any allegation that any item furnished under this Agreement, or the normal use or
sale thereof arising out of the performance of this Agreement, infringes upon any presently
existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally
awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the
suit or claim and given authority, information and assistance at Consultant's expense for the
defense of same, and provided such suit or claim arises out of, pertains to, or is related to the
negligence, recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that
City's alteration of such deliverable created the infringement upon any presently existing U.S.
letters patent or copyright; or (2) the use of a deliverable in combination with other material not
provided by Consultant when it is such use in combination which infringes upon an existing
U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City
under any settlement made without Consultant's consent or in the event City fails to cooperate
in the defense of any suit or claim, provided, however, that such defense shall be at
.7
Page 22 of 28
Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or
claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item,
or shall substitute an equivalent item acceptable to City and extend this patent and copyright
indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission, and shall be deemed received
upon the earlier of (i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; (ii) five (5) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed
as follows:
To City: City of Palm springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm springs, California92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Advantec Consulting Engineers, Inc.
Attention: Carlos Ortiz
1200 Roosevelt
Irvine, CA 92620
Telephone: (949) 861-4999
Facsimile: (949) 502-5522
10.3 Entire Agreement. This Agreement constitutes the entire agreement between
the Parties and supersedes all prior negotiations, arrangements, agreements, representations,
and understandings, if any, made by or among the Parties with respect to the subject matter
hereof. No amendments or other modifications of this Agreement shall be binding unless
executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement
meaningless.
10.5 Successors in Interest.This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
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Page 23 of 28
10.6 Third Party Beneficiary.Except as may be expressly provided for herein,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be
construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals.The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement, by the same.
10.8 Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii)
he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for
which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is
signing 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 the Party for which
he or she is signing is bound.
10.9 State Prevailing Wage Rates.
A. Consultant shall comply with the State of California's General Prevailing Wage Rate
requirements in accordance with California Labor Code, Section 1770, and all Federal,
State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public
works construction or more than $15,000 for the alteration, demolition, repair, or
maintenance of public works, shall contain all of the provisions of this Article, unless the
awarding agency has an approved labor compliance program by the Director of Industrial
Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation
and subsistence costs shall be reimbursed at the minimum rates set by the Department of
Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See
http://www.dir.ca.gov.
10.10 Prohibition of Expending City, State or Federal Funds for Lobbying.
A. Consultant certifies to the best of his or her knowledge and belief that:
1) No state, federal or City appropriated 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 state or federal agency; a Member of the State Legislature or United
States Congress; an officer or employee of the Legislature or Congress; or any
employee of a Member of the Legislature or Congress, in connection with the awarding
of any state or federal contract; the making of any state or federal grant; the making of
any state or federal loan; the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
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Page 24 of 28
2) If any funds other than federal appropriated funds have been paid, or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
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; Consultant shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
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.
C. Consultant also agrees by signing this Agreement that he or she shall require that the
language of this certification be included in all lower-tier subcontracts, which exceed
$100,000 and that all such sub recipients shall certify and disclose accordingly.
10.11 Debarment and Suspension Certification,
A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury
under the laws of the State of California, that Consultant has complied with Title 2 CFR,
Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension
(nonprocurement)", which certifies that he/she or any person associated therewith in the
capacity of owner, partner, director, officer, or manager, is not currently under suspension,
debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has
not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
three (3) years. Any exceptions to this certification must be disclosed to the City.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining Consultant responsibility. Disclosures must indicate to whom
exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal highway
Administration.
10.12 Disadvantaged Business Enterprises (DBE) Participation.
A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs".
Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting
its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is 12.0%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant
Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information
30
Page 25 of 28
(Exhibit 10-02) attached hereto and incorporated as part of the Agreement. If a DBE
subconsultant is unable to perform, Consultant must make a good faith effort to replace
him/her with another DBE subconsultant, if the goal is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of contracts financed in whole or in part with federal funds.
Consultant or subconsultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. Consultant shall carry out applicable
requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted
agreements. Failure by Consultant to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as
the City deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of
this section.
E. A DBE firm may be terminated only with prior written approval from the City and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting the City consent for the
termination, Consultant must meet the procedural requirements specified in 49 CFR
26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution
of the work of the contract and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a CUF, the DBE must also be
responsible with respect to materials and supplies used on the contract, for negotiating
price, determining quality and quantity, ordering the material, and installing (where
applicable) and paying for the material itself. To determine whether a DBE is performing a
CUF, evaluate the amount of work subcontracted, industry practices, whether the amount
the firm is to be paid under the, contract is commensurate with the work it is actually
performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a
transaction, contract, or project through which funds are passed in order to obtain the
appearance of DBE participation. In determining whether a DBE is such an extra
participant, examine similar transactions, particularly those in which DBEs do not
participate.
H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the
total cost of its contract with its own work force, or the DBE subcontracts a greater portion
of the work of the contract than would be expected on the basis of normal industry practice
for the type of work involved, it will be presumed that it is not performing a CUF.
I. Consultant shall maintain records of materials purchased or supplied from all subcontracts
entered into with certified DBEs. The records shall show the name and business address of
each DBE or vendor and the total dollar amount actually paid each DBE or vendor,
regardless of tier. The records shall show the date of payment and the total dollar figure
paid to all firms. DBE prime consultants shall also show the date of work performed by their
own forces along with the corresponding dollar value of the work.
31
Page 26 of 28
J. Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM],
certified correct by Consultant or Consultant's authorized representative and shall be
furnished to the Contract Officer with the final invoice. Failure to provide the summary of
DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar
value of the invoice being withheld from payment until the form is submitted. The amount
will be returned to Consultant when a satisfactory "Final Report-Utilization of
Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the
Contract Officer.
K. If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify Consultant in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant
shall notify Consultant in writing with the date of certification. Any changes should be
reported to the City's Contract Officer within 30 days.
10.13 Safety.
A. Consultant shall comply with OSHA regulations applicable to Consultant regarding
necessary safety equipment or procedures. Consultant shall comply with safety instructions
issued by City Safety Officer and other City representatives. Consultant personnel shall
wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has
determined that such areas are within the limits of the project and are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for
safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of
this Section.
D. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s),
as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any
practices, work, method, operation, or process related to the construction or excavation of
trenches which are five feet or deeper.
10.14 National Labor Relations Board Certification. In accordance with Public
Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more
than one final unappealable finding of contempt of court by a federal court has been issued
against Consultant within the immediately preceding two-year period, because of Consultant's
failure to comply with an order of a federal court that orders Consultant to comply with an order
of the National Labor Relations Board.
(SIGNATURES ON FOLLOWING PAGE)
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Page 27 of 28
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By By
Anthony J. Mejia, City Clerk David H. Ready, City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
Edward Z. Kotkin, City Attorney
Date:
CONSULTANT
Name:
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
Address:
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
Page 28 of 28
33
CALIFORNtA ALL-PURPOSE ACKNOWLEDGMENT CIVR-CODE§1199
A notary"c or other office oor pWrg this rarticste vmfim arty the Khrnq of the irdvduw silo agwd the
document to which this aerblficate z attached,and nun the buiMdr .accuracy.ar wi ft d dml dooum r L
State of Callfomia j
County of j
On before me.
Data Hare In-wt Name and Titte of the Officer
personally appeared
Nanre(s)of Si9r"p)
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or the entity upai behalf of which the perzm(a)acted,executed the inctmmerrL
I certify urder PENALTY OF PERJURY under the iewz
of the 3tsta of Cafrfamm that the foregoing paragraph
is true and correct.
WITNE S3 rrry rand and official Beal.
Signstura
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OPTIONAL
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frauoUlent naettarmerd of f)ds form to an unintended docomant.
Description of Attached Decrement
Trtle or Type of Document Document Date:
Number of Pagm Signer(a) Other Than Named Above-
Cspacily(es)Claimed by Signer(a)
Signer's Name: Signer a Name:
❑Corporate Officer—Trtle(z): ❑Corporate Officer—Tife(s)_
❑Partner— ❑lxnited ❑Generet ❑Parbna — ❑Limited ❑General
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34
EXHIBIT "A"
SCOPE OF SERVICES
The work shall comply with the requirements of all of the following without limitation, and shall
apply to this RFP and any subsequent contract as though incorporated herein by reference:
1. Federal laws
2. State laws
3. Local laws
4. Rules and regulations of governing utility districts
The scope of work will consist of the preparation of Environmental Documents and Technical
Studies, and all other related documents and/or reports, to comply with applicable local, state
and federal regulations, policies, procedures, manuals and standards necessary to obtain
CEQA/NEPA environmental approvals; preparation of Plans, Specifications and Estimates
(PS&E) for the Project; right of way clearances (as necessary); and construction support. It is
imperative that all activities associated with this project conform to the Caltrans Local
Assistance Procedure Manual, otherwise, federal funding will be jeopardized.
The project includes safety improvements for the following 14 signalized intersections and 1
location for the installation of a flashing beacon and delineators.
Intersection 1: N. Palm Canyon Dr. (HWY 111) & W. San Rafael Dr.
Intersection 2: N. Indian Canyon Dr. & W. San Rafael Dr.
Intersection 3: N. Indian Canyon Dr. & Vista Chino (HWY 111)
Intersection 4: E. Vista Chino (HWY 111) & N. Sunrise Way
Intersection 5: E. Vista Chino (HWY 111) & Gene Autry Trail
Intersection 6: E. Vista Chino & Clubhouse View
Intersection 7: N. Indian Canyon Dr. & Tachevah Dr.
Intersection 8: S. Indian Canyon Dr. & Ramon Rd.
Intersection 9: E. Ramon Rd. & S. Farrell Dr.
Intersection 10: E. Ramon Rd. & Vella Rd./Kirk Douglas Way
Intersection 11: E. Ramon Rd. & Gene Autry Trail (HWY 111)
Intersection 12: E. Ramon Rd. & San Luis Ray Dr.
Intersection 13: S. Palm Canyon Dr. & Mesquite Ave.
Intersection 14: Dinah Shore Dr. & Gene Autry Trail (HWY 111)
Gene Autry Trail at Salvia Road: Flashing Beacon and Delineators.
Exhibit"A"
Page 1 of 16
35
EXHIBIT "A"
SCOPE OF SERVICES
The project will improve safety by installing a flashing beacon with delineators and removing
existing five-section protected/permissive signal heads, mast arms, signal poles, and installing
signal heads on new mast arm and traffic signal pole at the improved location, implementing
advanced dilemma zone protection, installing ADA compliant pedestrian access ramps, and
new striping and signing. As part of the design, the Consultant will also be required to establish
connections of the traffic signals to the Traffic Management Center located at the City's
Engineering Services Department. The work shall be in accordance with the requirements of
Caltrans Local Assistance Procedures Manual (LAPM), City of Palm Springs Standards,
Caltrans Standard Plans (latest version), California Manual on Uniform Traffic Control Devices
(MUTCD) (latest version), and the Caltrans Encroachment Permit Manual.
In general, the professional consulting services to be furnished for this project, will include but
not be limited to: facilitating all meetings including recording and distribution of meeting
minutes; preparation of Preliminary Environmental Study (PES); environmental documents
based upon results of PES; field survey, potholing of underground facilities; coordination with
utility companies for relocation of their facilities which conflict with the proposed improvements,
performing research as needed; preparation of Plans, Specifications, and Estimate (PS&E) to
include traffic signal modification plans, signing & striping plans, street improvement plans;
preparation of detailed estimate of quantities and cost estimate; preparation of technical
specifications; review of the project site to ensure plans are complete and accurate; apply for
and obtain approval from the Caltrans Office of Encroachment Permits, provide plans and
coordination with southern California Edison for the establishment of a service meter if
required, prepare request for authorization to proceed with construction; attend the
preconstruction meeting, answering all questions regarding the design and providing
construction support; and preparation of as-built drawings.
The Consultant shall complete various tasks involved in planning, right-of-way review, NEPA
and CEQA clearances, Plans/Specifications/Engineer's Estimate (PS&E) preparation, request
for authorization for construction, bidding, and construction support, as shown, but not be
limited to, in the list below. The following is a general description of the scope of services, but
the Consultant shall anticipate any additional coordination or scope needed to meet the project
goals and objectives in their proposal.
Consultant's detailed scope of work follows:
This section provides CONSULTANT's detailed approach and scope of work program to complete the City of
Palm Springs Traffic Signal Improvements and Installation of Flashing Beacon (HSIP Cycle 8) Project. We have
developed our scope of work by task, subtask and deliverables based on the following professional services
indicated in the RFP, and Amendment No. 1, and the project elements described "Section A - Project
Understanding":
✓ Project Management
✓ Phase I - Planning, Environmental, and Conceptual Design
o Left Turn Phasing Analysis
• Traffic counts
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
• Level of service (LOS)analysis
o Research of Record Information and Field Review
o Environmental
o Surveying and Topographic Mapping
o Utilities Coordination
o Utility Potholing (As-Needed)
o Preliminary Design Plans
✓ Phase II—Engineering Design—Plans, Specifications, and Estimates (PS&E)
o Roadway Improvements
o Traffic Signal Improvements
o Signing and Striping Improvements
✓ Phase III—Construction Support
Please note: Since the Traffic Signal Improvements project and Installation of Flashing Beacon project are fully
funded projects through separate federal aid Highway Safety Improvement Program (HSIP) grants, the
deliverables associated with the scope of work for each project are identified separately. We also provided
separate fee schedules per project(attached separately).
We will coordinate with City staff at the onset of the project to discuss project goals, objectives, constraints,
requirements and schedule with a clear path to success. Our project understanding, project management
approach, quality assurance and quality control methods ensure on-schedule on-budget project delivery with the
highest quality of work for the following scope of services.
Task 1 Project Management and Meetings
CONSULTANT will provide Project Management activities through all the aspects of the project including project
administration, monthly progress reports, invoices, and thorough quality control. CONSULTANT will prepare a
detailed work plan, project schedule and prepare progress reports. The monthly progress reports will include
accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule
completion target dates.
CONSULTANT will schedule and conduct a kick-off meeting with the City to discuss the overall project, planning
and design objectives, constraints, requirements, project schedule, develop action items, and understanding next
steps. During the kick-off meeting, CONSULTANT will coordinate with City staff to assemble a Project
Development Team (PDT).
Once the PDT is assembled, CONSULTANT will schedule and conduct monthly PDT meetings to ensure all
participants aware of the project status, critical milestones and decision points including review project schedules,
planning activities, concepts, plans, and specifications. CONSULTANT will prepare and distribute meeting
agendas, meeting minutes, updated project schedule (as necessary), and an action item matrix to the project
team for each meeting that is held. For this subtask, we propose to conduct the kick-off meeting and up to nine
PDT meetings, and one City Council Meeting/Council Study Session.
CONSULTANT will also coordinate with City's Project Manager to set up bi-weekly conference calls in order to
provide up-to-date project status, discuss any concerns or issues, and follow-ups on any requests or action items.
This has been a successful project management strategy, it keeps everyone on same page, and it helps develop
a team relationship that contributes to the success of this project with quality work, and on-schedule within budget
performance.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Project Coordination with Caltrans—CONSULTANT understands that the project has been funded through the
federal aid Highway Safety Improvement Program (HSIP Cycle 8). In addition, there are also six intersections that
are within Caltrans jurisdiction. This will require additional coordination including buy-off on the proposed
improvements, encroachment permits, review, and approvals.
CONSULTANT understands the funding requirements under the HSIP. CONSULTANT will coordinate with
Caltrans District 8 to successfully implement the Project through all phases of work. Under this task the work will
be separated into two phases:
A. Caltrans Request for Authorization Forms/Clearances
As required with the HSIP funding, certain forms are needed for the processing of the required Request for
Authorization (RFA) forms. CONSULTANT will prepare and process the needed Forms with Caltrans Local
Assistance:
RFA for R/W Acquisition Forms: CONSULTANT will prepare and process the necessary forms with
Caltrans Local Assistance the Request for Authorization to Proceed with Construction (E-76) with Caltrans
Local Assistance. Once the plans and specifications are completed, the Request to Proceed with
Construction (E-76) forms can be prepared. The Request for Authorization to Proceed with Right-of-way
forms includes: 1) Cover Page/Checklist(Exhibit 3-D), 2) Request for Construction Authorization Data Sheet,
3) Completed Finance Letter, 4) Completed Field Review Form, 5) Environmental Documentation, 6) Right-
of—way Certification (see below) will be performed by our subconsultant, Albert A. Webb Associates
(Webb), 7) PS&E Package and Certification, 8) Local Agency Construction Contract Administration Checklist.
In addition, CONSULTANT will prepare and process the forms for obtaining the right-of-way/utility clearances
from Caltrans for the project. Work in this task will include the coordination with utility the applicable
companies for the preparation of the Caltrans Right of Way Forms (Exhibit 13A or 13B), Right of Way Data
Sheet (Exhibit 4-EX1), Right of Way Exhibits (Exhibit 4-EX5), Caltrans Exhibits 14A and 14B, and the
applicable Utility Agreement for the Utility work.
RFA for Construction Forms: CONSULTANT will prepare and process the necessary forms with Caltrans
Local Assistance the Request for Authorization to Proceed with Construction (E-76) with Caltrans Local
Assistance. Once the plans and specifications are completed, the Request to Proceed with Construction (E-
76) forms can be prepared. The Request for Authorization to Proceed with Construction forms includes: 1)
Cover Page/Checklist (Exhibit 3-D), 2) Request for Construction Authorization Data Sheet, 3) Completed
Finance Letter, 4) Completed Field Review Form, 5) Environmental Documentation, 6) Right-of—way
Certification (see below), 7) PS&E Package and Certification, 8) Local Agency Construction Contract
Administration Checklist.
Caltrans Invoicing: CONSULTANT will prepare and process the necessary forms with Caltrans Local
Assistance the Request for Authorization to Proceed with Construction (E-76)with Caltrans Local Assistance.
Once the plans and specifications are completed, the Request to Proceed with Construction (E-76)forms can
be prepared.
B. Caltrans Bid Award/Project Completion Packages
After the bid award and upon the completion construction of the project, CONSULTANT will prepare and
process the following Caltrans forms:
Bid Award Package: Upon the bid award of the project, CONSULTANT will prepare and process the Bid
Award Package with Caltrans Local Assistance. The Bid Award Package to Caltrans includes but not limited
to: 1)Cover Page/Construction Contract Administration Checklist(Exhibit 15-A), 2) Local Agency Bid Opening
Checklist, 3) Updated Finance Letter, 4) Detail Estimate and Detail Estimate Summary, 5) DBE Certifications
(from Contractors), 6) Contract Award Checklist, 7) RE's Checklist.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Project Completion Package: After the construction of the project, CONSULTANT will prepare and process
the Project Completion Forms with Caltrans Local Assistance. This is an important task in the project to
assure the reimbursement by Caltrans of the construction payments. The Final Completion Package to
Caltrans includes but not limited to: 1) Cover Page/Expenditures Checklist (Exhibit 17-D), 2) Final Finance
Letter, 3) Final Detail Estimate and Detail Estimate Summary, 4) Change Order Summary, 5) Final DBE
Certifications (from Contractors), 6) Materials Certifications, 7) Final Inspection Form.
C. Encroachment Permits—Review and Approvals
Due to the six intersections that are within Caltrans jurisdiction, CONSULTANT will coordinate will Caltrans
District 8 in order to obtain buy-off on the proposed improvements, encroachment permits review and
approvals. To help expedite the process this requires early coordination with Caltrans staff including follow-
ups for all submittals. This includes obtaining Caltrans permit number —to be shown on the project plans —
including submittals per Caltrans requirements.
Deliverables: Project management and coordination, kick-off meeting attendance, nine PDT meetings at City
Hall, and one City Council Meeting/Council Study Session including monthly progress reports,
project schedule updates, meeting agendas, meeting minutes, and action item matrices.
Project Coordination with Caltrans Traffic Signal Improvements (14 intersections)project:
A)Caltrans Request for Authorization Forms/Clearances
B)Caltrans Bid Award/Project Completion Packages
C)Encroachment Permits and Approvals(6 intersections)
Work associated with project management and coordination for the Traffic Signal Improvements
(14 intersections) project and the Installation of Flashing Beacon project are provided in separate
fee schedules.
PHASE I - PLANNING, ENVIRONMENTAL, AND CONCEPTUAL DESIGN
Task 2 Left Turn Phasing and Level of Service Analysis
CONSULTANT will prepare a left-turn phasing and Level-Of-Service (LOS) analysis for the 14 project
intersections. CONSULTANT will collect AM and PM peak hour traffic counts in order to conduct the analysis. The
counts will include vehicles, pedestrians and bicycles.
Based on our field review and traffic signal timing sheets provided by the City, CONSULTANT will develop a
traffic model using Synchro software, calibrate the model with the existing traffic signal timing parameters, and
input the traffic counts (AM/PM peak hours) in order to provide the LOS and operations analysis. Two scenarios
will be analyzed for each project intersection: 1)with protected/permissive left turn phasing and 2)with protected
left turn phasing during the AM and PM peak hours. A comparison analysis between these two scenarios will be
provided that evaluates the difference between the LOS. Based on the results of the LOS analysis,
CONSULTANT will provide recommendations for the left turn phasing, and If additional deficiencies are found,
CONSULTANT will provide recommendations to improve the signal operations.
As an added-value, CONSULTANT will conduct another check to determine if protected left turn phasing is
necessary at each signalized intersection. There are three different guidelines that are used to determine if
protected left turn phasing is necessary at a signalized intersection and what type should be used. The three
guidelines are from the Institute of Transportation Engineers (ITE), the Highway Capacity Manual (HCM), and the
California Manual on Uniform Traffic Control Devices (CA MUTCD). Each guideline uses slightly different metrics
to consider left turn control, yet are similar in that they all consider the volume-to-capacity (v/c) ratio for the
permissive left turn as a function of the opposing traffic flow. The ITE process chart is a convenient way of
evaluating the type of left turn control that is needed at an intersection; the HCM method expands beyond v/c
ratios and evaluates other operational aspects of the intersection such as the availability of gaps in the opposing
traffic; and Section 4D.19 of the CA MUTCD provides a comprehensive evaluation of left turn control by also
looking at delay and collision history. As detailed in the CA MUTCD, there are four major areas to look at:
Exhibit"A°
Page 5 of 16
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EXHIBIT "A"
SCOPE OF SERVICES
collisions, delay, volumes, and miscellaneous factors such as limited sight distance or vehicle mix.
CONSULTANT will discuss these three different guidelines with City staff to determine which one or combination
of all they would like to use. This will be included as an additional section in this study with no additional fee.
A technical memorandum will be prepared introduction, purpose, study area, existing conditions, LOS
methodology, LOS analysis, protected left turn phasing analysis, and recommended improvements (e.g. left turn
phasing, and improved signal operations). The final format of the project report will be based on the City's review
and approval. We anticipate up to three submittals of the project report: one submittal of the draft technical
memorandum, the second submittal to address comments of the draft technical memorandum, and the third
submittal to address any comments of the final technical memorandum.
Deliverables: AM and PM Peak Hour Traffic Counts at 14 signalized intersections
Draft and Final Technical Memorandum: Left Turn Phasing and Level of Service Analysis
including recommended improvements under AM and PM peak hours. Submittals will include 2
hard copies, and electronic files in PDF and Word, as requested.
Task 3 Research of Record Information and Field Review
CONSULTANT will coordinate with City staff, collect and review available data for use and reference associate
with the project improvements. CONSULTANT's Senior Traffic Engineers/Field Technicians will conduct a
thorough field review of existing conditions at the 14 signalized intersections and location of the new overhead
flashing beacon at Gene Autry Trail/Salvia Road,that consists, but not limited to collecting the following:
✓ All roadway features including curb lines, property lines, edges of pavement, edges of paved sidewalks,
curb returns, curb ramps, driveways and bus pads
✓ Signing and striping, street lighting, and power poles
✓ Traffic signal and associated equipment(e.g. traffic signal controllers, controller cabinets, pole locations,
conduit, conduit fill, cables, vehicle detection, service enclosures, pull boxes, vaults, battery backup
systems, EVP, etc.)
✓ Communication type and associated equipment (e.g. Ethernet switches, wireless radio and equipment,
twist-pair/copper cable, termination blocks, etc.)
✓ Communication conduit sizes, pull boxes, conduit sweeps, and cables
✓ Nearby underground utilities, cabinets, sub-structures, basements and vaults; and nearby aboveground
structures(including bus shelters), aboveground cable and permanent street furniture
✓ Other field conditions that might affect a design decision
✓ ADA compliance and constraints
✓ Sidewalk and pavement conditions
✓ Photographs of each signalized intersection, traffic signal equipment and roadway features using GPS
cameras so that the photos can be easily integrated to GIS map
Upon completion of the above items, CONSULTANT will identify potential constraints that may be encountered in
relation to the proposed improvements. This information will be used to prepare base mapping and proposed
improvements at the 14 project intersections and location of the new overhead flashing beacon at Gene Autry
Trail/Salvia Road. This information will also be used as our foundation for our inventory and assessment of
existing conditions, conceptual plans, recommended improvements and preparation of roadway plans, traffic
signal improvement plans and signing and striping plans.
Deliverables: Data collection inventory matrix, project survey,field review notes, and photos.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Task 4 Environmental
Our subconsultant, The Altum Group (Altum), will assist our team with environmental documentation and
approvals in support of the proposed traffic signal improvements to 14 intersections in the City of Palm Springs;
and the installation of a flashing beacon and delineators at one additional intersection; for a total of 15
intersections. The following summarizes Altum's tasks/subtask in order to obtain CEQA/NEPA compliance, and
as an option, to prepare Technical Studies, as required.
A. CEQA/NEPA Compliance
Task A.1 - Project Initiation/Kick-off Meeting/Site Visit. Under this task, Altum's environmental project
manager will attend a kickoff meeting with the City's project engineer to discuss the scope of work and schedule
for completion of the environmental review of the proposed project. We anticipate that a portion of this meeting
will be a field meeting where we will walk selected sites with the City's project engineer and Altum's project
manager. We will take photographs that will be used in the description of the physical environment included in
the PES(NEPA)and the findings for a Categorical Exemption (CEQA).
Task A.2 - Complete PES Form and Supplemental Documentation. Under this task, Altum will prepare the
PES Form. This task starts with the development of a project description that includes a description of existing
conditions at each of the selected intersections, and the representation of the 35 percent drawings that will be
used to define the limits of disturbance. Based on this description, the checklist is filled out, and a narrative
discussion justifying the answers in the checklist (Yes, To Be Determined, No) is provided. As part of this
exercise, Altum may also prepare the Initial Site Assessment (ISA) checklist and a Community Impact
Assessment(CIA) if requested by Caltrans Staff(see Task 5, Optional Tasks).
Task A.3 - Prepare Draft CEQA Categorical Exemption. Caltrans will review the entire submittal package
prepared for the project and prepare the NEPA Categorical Exclusion (CE), and provide a copy to the City's
project engineer. Altum will prepare the CEQA Notice of Exemption (NOE) based on the NEPA CE. The NOE
will be submitted to the County Clerk and will include the following: (1) a cover letter to the County Clerk, (2) the
Notice of Exemption (NOE) including findings for a Categorical Exemption, and a map of the project sites and
area. This will be filed with the County Clerk for a period of 35 days. Altum will prepare the cover letter and NOE
for the City's project engineer's signature and will be responsible for submitting the NOE package to the County
Clerk. Altum will also provide a copy of the NOE to the State Clearinghouse.
Task A.4 - Environmental Coordination and Management. This task covers the project manager's attendance
and preparation for monthly meetings with City staff and/or Caltrans staff (up to 4 meetings). The Kick-off
Meeting is described in Task 1. This task also addresses internal project management (coordination with
subconsultants —if required), as well as keeping track of the environmental project schedule and budget. This
task is intended to ensure that the environmental review stays within the schedule, remains within budget, and
that the documents are technically correct and legally defensible.
Deliverables: CEQA/NEPA compliance documentation will be provided for the Traffic Signal Improvements (14
intersections)project and the Installation of Flashing Beacon project separately, including:
Project Initiation/Kick-off Meeting/Site Visit
Complete PES Form and Supplemental Documentation
Prepare Draft CEQA Categorical Exemption. Notice of Exemption with Findings to be
filed with the County Clerk and State Clearinghouse. (does not include filing fees)
Environmental Coordination and Management
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
B. Prepare Technical Studies(Optional Tasks)
Task B.1 -Initial Site Assessment. If requested by Caltrans,Altum's senior environmental planner will complete
the ISA checklist. The task consists of a field visit to document existing environmental conditions at the 15
intersections, a data search of all environmental databases typically used in the preparation of an ISA, and
preparation of the checklist. The ISA will be submitted with the PES and will be used by Caltrans staff in their
evaluation of the project's potential environmental effects.
Task B.2 - Community Impact Assessment. If requested by Caltrans, Altum will prepare the CIA which is
generally required by Caltrans to evaluate the effects of a transportation action on the community and its quality of
life. The focus of the assessment will be on items that are important to the community such as mobility and
safety. Altum will use information provided in the City's HSIP application and interviews with City staff to prepare
this assessment. Although there are 15 intersections included in the project, we are assuming that one CIA may
be prepared for the entire project.
Task B.3 - Natural Environment Study— Minimal Impact (NES-MI). If required by Caltrans, Jericho Systems
as a subconsultant to Altum, will prepare the NES-MI which consists of conducting a field visit to document
existing environmental conditions with regard to plant and wildlife species at the 15 intersections. Our preliminary
site visit showed the lack of vegetation on most site, and where vegetation did occur it was ornamental.
Therefore, the NES-MI is anticipated to result in a finding of.no impact. Jericho Systems staff will prepare the
report using Caltrans NES-MI template.
Task 6.4 — Cultural Resources Records Search. If required by Caltrans, Archaeological Associates (EE) will
complete a Cultural Resources Records Search consisting of the following tasks:
• Literature review and records search at the Eastern Information Center (EIC), housed at the
University of California, Riverside. For purposes of this project, this search will encompass a one-
mile radius of each signal area.
• Contact the Native American Heritage Commission (NAHC)for a search of the Sacred Lands Files.
• Contact the ACBCI Tribal Preservation Office for information.
• Summary of Findings.
Deliverables: If required, the preparation Technical Studies (Optional Tasks) will be provided for the Traffic
Signal Improvements (14 intersections) project and the Installation of Flashing Beacon project
separately, including:
Draft and final copies of the ISA, CIA, NES-MI, and results of the Cultural Resources
Records Search.
Task 5 Surveying and Topographic Mapping
CONSULTANT Team will provide base mapping in AutoCAD using as-built plans, record drawings, right-of-way
maps, assessor parcel maps, and easement information within the project limits including digital aerial and/or GIS
information provided by the City (if available), utilities and information from our field review. Our base mapping
will include all substantial improvements within the street right-of-way (above and below ground) relevant to the
layout of existing and proposed improvements. This includes, but not limited to, utilities, manholes, valves, utility
vaults, signs, striping, trees, utility poles, overhead wiring, traffic signal poles, traffic signal equipment, pull boxes,
communication conduit/equipment, street lights, curb and gutter, catch basins, driveway openings, sidewalks,
access ramps, fire hydrants, parkway drains, etc. This information will also be used as our foundation for our
inventory and assessment of existing conditions, our recommended improvements and preparation of the traffic
signal modification plans, ADA compliant ramp details, (14 locations) and installation of the new flashing beacon
(1 location).
At each project intersection (14 locations) and installation of the new flashing beacon (1 location), our
subconsultant Albert A. Webb Associates (Webb) will conduct the design surveying necessary for topographic
base mapping, and ADA ramp design and reconstruction. Based on our preliminary review of the project area,
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT has identified 12 intersections that will require new ADA compliant ramps. At all locations, cross-
sections and topographic base maps will be produced by ground survey methods. The base maps will identify all
existing street improvements, drainage structures, fire hydrants, utility facilities, landscaping (trees), signs, street
lights, and other appurtenant improvements within the sphere of curb returns, and approximately 30 feet beyond
the curb returns where the new pedestrian ramp and/or sidewalk improvements are proposed — base mapping
beyond the design survey will be supplemented by the CONSULTANT Teams data collection and field review.
The surveying and topographic mapping provided by our subconsultant, Webb, will consist of the following
elements:
Site Control. The CONSULTANT Team will establish a site-wide network of horizontal/vertical control to serve as
the basis for any subsequent boundary, topographic, or construction staking surveys that may be required
throughout the course of the project. The CONSULTANT Team will reference an assumed horizontally, and
available local agency vertical datum, unless specifically requested otherwise.
Centerline/Right-of-Way Establishment/Mapping. The CONSULTANT Team will conduct the Feld
measurements necessary to re-trace the centerlines and rights-of-ways within the project limits. This effort does
not constitute a full and complete boundary survey of the adjacent land parcels. Survey monuments located and
indicated on the survey shall be limited to existing, centerline monuments found to be present along the streets
and all associated ties as indicated.
Topography and Street Cross Sections. The CONSULTANT Team will perform a field topographic survey at
each project intersection (14 locations) and installation of the new flashing beacon (1 location). Visible indications
of surface utilities, trees, utility poles, luminaries, fencing, walls, sidewalks, hardscape, signs and edge of
pavement lying within ramp and bus stop locations will be located, as well as lip of gutter, flow line, top of curb
and back of walk elevations. Survey will also extend 30-feet from BCR and ECR.
Deliverables: Surveying and Topographic Mapping in AutoCAD for the project intersections (14 signalized
intersections). This includes AutoCAD Files along with the ASCII point file of the survey points
collected in the field at 11 locations.
Surveying and Topographic Mapping in AutoCAD for the installation of the flashing beacon (1
intersection).
Task 6 Utility Coordination
At each project intersection (14 locations) and installation of the new flashing beacon (1 location), utility
notification and coordination will be required to ensure quality design and help eliminate utility conflicts during
construction. Utility notifications will be provided to the various utility owners within the sphere of each project
intersection; the notifications will be prepared using the City's letterhead. CONSULTANT will request locations for
existing and proposed underground and overhead utilities, including high risk utilities. The utility information
provided by the agencies will be delineated on the plans based on their record drawings and our field review. The
location of our proposed improvements will take into consideration of the existing utilities. In the event of any utility
conflicts, CONSULTANT will coordinate the relocation of all utilities affected by the project. Our goal is to relocate
their facilities prior to the start of construction of the project improvements. CONSULTANT will compile all utility
coordination and information in a matrix format to include dates of notification, persons/utility notified and
responses from the utility company. Letters will be sent to the utility companies requesting their review and
verification of their facilities during the preliminary and final plan submittals in order to obtain their concurrence
with the information shown on the plans. Copies of this information will be updated periodically and provided to
the City of Palm Springs at the scheduled project meetings and/or as the information has been received.
CONSULTANT will conduct utility coordination throughout the design phase of the project.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Please note: CONSULTANT's fees do not include fees or costs associated with the processing and collection of
as-built plans or documentation from the utility companies. Typically, fees are waived when submitting utility
requests using the City's letterhead.
Deliverables: Utility notification and coordination will be provided for the Traffic Signal Improvements (14
intersections) project and the Installation of Flashing Beacon project separately.
Utility notification and coordination, utility letters, utility plans and utility coordination matrix.
Preliminary and final plan sets will be submitted to the utility companies their concurrence with the
information shown on the plans.
Task 7 Utility Potholing
The CONSULTANT Team, through our sub-consultant, AZTEC Engineering Group (AZTEC), will perform the
utility potholing (if necessary) in order to determine if there are any utility conflicts at locations where new traffic
signal poles are proposed to be installed. These locations will be determined after the layout of our base mapping,
utilities, and proposed traffic signal pole locations. If there are any apparent utility conflicts or locations that are
subject to question, these will be the priority locations for potholing. Once a location is determined, the
CONSULTANT Team will pothole for underground utilities to determine the depth for clearance or conflicts. Our
process will consist of the following:
The CONSULTANT team will coordinate with Underground Service Alert (USA), handle USA mark outs
and meetings; Obtain permits from the City of Palm Springs (permit fees not included); Provide a set of
traffic control plans as required (per WATCH or CAMUTCD) for typical right lane closures; Set up any
temporary traffic control as required; Set up protective barriers to shield pedestrians and traffic from flying
debris; Use our AirNacuum System to remove dirt, rocks, sand or other to create the holes per plan;
Excavate 1' x 1' to a depth of 8' (typically, existing utilities are not deeper than 8'); Document any utilities
on the surface, depths of utilities (if any), photos and in logs books; Backfill native spoils and compact in
1' lifts to achieve the City's required compaction; Finish with cold patch; Sweep and clean entire work
area; Provide PDF documentation for each hole. if City would like each pothole to be greater width and
depth, we can provide these services based on the City's review and approval of our revised scope and
fees.
In the event of a utility conflict, the CONSULTANT Team will submit to each utility company a preliminary set of
plans that provide the location, elevation of the utility, and the elevation of the improvement with the conflict area
clouded to show the utility companies the areas of conflict with the proposed improvements. At this time, we may
request a utility relocation.
Due to the unknown number of utility pothole locations and for budgetary purposes, we propose up to 10 utility
pothole locations. If additional potholes are necessary, we will coordinate with City staff for review and approval in
order to proceed with the additional work.
Deliverables: Utility Pothole Survey (10 locations), traffic control, documentation, and coordination with utility
companies will be provided for the Traffic Signal Improvements(14 intersections)project.
Utility Pothole Survey (1 locations), traffic control, documentation, and coordination with utility
companies will be provided for Installation of Flashing Beacon project.
Exhibit"A"
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Task 8 Preliminary Design
Traffic Signal Equipment and ADA Ramp Inventory
Matrix
Based on our inventory and field review, CONSULTANT
will prepare a traffic signal equipment and ADA ramp ..
inventory matrix that will include the quantities and
conditions of all above ground traffic signal equipment as _, iiz '
defined in the RFP and Addendum and No. 1 including but
not limited to traffic signal controllers, traffic signal poles . _ _---
signal mast arm poles, luminaire mast arms, luminaire type,
signal heads, pedestrian heads, mounted signs on traffic ;.
signal/mast arm poles, internally illuminated street name
signs (IISNS), pedestrian push buttons, ADA ramps,
communications, and vehicle detection.
Recommended Improvements and Budgetary Cost Estimates
Based on our review of the traffic signal equipment inventory matrix, CONSULTANT will use our engineering
judgement, and the latest City requirements, California Manual on Uniform Traffic Control Devices (CA MUTCD),
Caltrans Standard Plans and Specifications, as applicable in order to determine the recommended improvements
on a per item per intersection basis. The traffic signal equipment inventory matrix will be expanded to show the
recommended improvements with budgetary cost estimates per item. The unit costs will be based on current cost
data. Our recommended improvements will include new signal heads, pedestrian countdown heads, pedestrian
push buttons, etc. This will be submitted in a technical memorandum format.
As an added-value, CONSULTANT will also provide a Technology Assessment technical memorandum that will
evaluate advanced dilemma zone detection from different manufacturers and will highlight each system
requirements and performance specifications, system warranties, system maintenance support, system pro's and
cons, and cost in order to select a preferred manufacturer and include in the project design PS&E.
As an added-value, CONSULTANT will also provide a Technology Assessment technical memorandum that will
evaluate dynamic message signs (DMS) from different manufacturers and will highlight each system
requirements and performance specifications, system warranties, system maintenance support, system pro's and
cons, and cost in order to select a preferred manufacturer and include in the project design PS&E.
Although, the Installation of Flashing Beacon grant application indicates that the full matrix LED traffic
calming sign/overhead flashing beacons will be solar powered, we will also evaluate the option of having
direct power. By having a continuous power source, this will increase the reliability of the system and it
will also allow the City to provide additional Intelligent Transportation System (ITS) technologies at this
location, such as: closed circuit television (CCTto camera systems in order to monitor the traffic calming
sign messages/overhead flashing beacons, Road Weather Information System (RWIS) that can detect
high wind and sand on the travel way in order to activate advanced warning messages to on-coming
traffic.; wireless communications in order to monitor and control the traffic calming sign
messages/overhead flashing beacons, from the City's TMC.
Based on our initial site assessment, there is an existing service point used for the traffic signal at Gene
Autry Trail/I-10 Eastbound On/off-ramps. This service point could potentially be used to provide direct
power to the proposed traffic calming sign messages/overhead flashing beacons.
Preliminary Improvement Plans(Conceptual Layout Plans, 35% Submittal)
Based on the results of the left-turn phasing and LOS analysis, and the recommended improvements from our
field review, CONSULTANT will prepare preliminary improvement plans at each intersection showing traffic signal
pole locations and improvements, signing/striping and ADA compliant pedestrian access ramps for the City's
Exhibit"A"
Page 11 of 16
45
EXHIBIT "A"
SCOPE OF SERVICES
review and approval prior to final design. The preliminary improvement plans will conform to the City's
requirements and will be prepared in AutoCAD at 1"=20' scale on 24"x36" City of Palm Springs title block.
The preliminary improvement plans will include base
mapping from the as-built information, topographic
y
survey and information d obtained our detailed
field review including roadway features,, A p t
ADA pedestrian
ramps, parkway information, centerline with stationing, i" •,
right-of-way, utilities, existing traffic signal poles, signal
heads, pedestrian heads, conduit, pull boxes, traffic
signal cabinets, communications equipment (wireless, -
twisted-pair/hardwired), and proposed traffic signal pole * -
locations, traffic signal mast arms, luminaire mast arms,
signal heads, pedestrian heads, conduit, pull boxes, =—
traffic signal cabinets, and any other pertinent = —
information including potential conflicts and concerns. -�
Blow-ups and/or details will be provided showing the
existing and proposed ADA compliant pedestrian access = -r'_- -
ramp locations.
The preliminary signing and striping plans will include base mapping from the as-built information, topographic
survey and information we obtained from our detailed field review including roadway features, pedestrian access
ramps, parkway information, centerline with stationing and right-of-way including existing and proposed signing
and striping, and any other pertinent information including potential conflicts and concerns.
Deliverables: Draft and Final technical memorandum including the traffic signal equipment inventory matrix,
recommended improvements, and budgetary cost estimates (2 copies). This technical
memorandum will also include a technology assessment of advanced dilemma zone detection
manufacturers.
Preliminary improvement plans (35% Submittal): Traffic signal improvement plans with blow-ups
and/or details showing the proposed ADA compliant pedestrian access ramp locations (14
sheets); preliminary signing and striping plans (14 sheets). This includes 2 sets of full size
(24"x36") bond copies.
Preliminary improvement plans (35% Submittal): Installation of a new flashing beacon located at
Gene Autry Trail and Salvia Road (1 sheet). This plan will include existing/proposed
signing/striping and delineators. This includes 2 sets of full size (24"x36") bond copies.
PHASE II - ENGINEERING DESIGN — PLANS, SPECIFICATIONS, AND ESTIMATES (PS$E)
Task 9 Improvement Plan Preparation
After the completion of the initial environmental documentation, and based on the City's approval of the
preliminary improvement plans, CONSULTANT will advance the plans to final design. The roadway/ADA
pedestrian ramps improvement plans, traffic signal improvement plans, and signing/striping plans will conform to
the City's requirements and will be prepared in AutoCAD at 1"=20' scale on 24"x36" City of Palm Springs title
block. All plans will be prepared by a registered Civil Engineer in the State of California.
Since the RFP and Addendum No. 1 indicates that separate PS&E packages will be prepared each project - 1)
Traffic Signal Improvements (14 intersections) and 2) Installation of Flashing Beacon at Gene Autry Trail/Salvia
Road -we provided the following summary tables that breaks down the project plan set for each project including
the number of sheets, the types of plans, and work or information associated with each plan.
Exhibit"A"
Page 12 of 16
46
EXHIBIT "A"
SCOPE OF SERVICES
Project plan set for the Traffic Signal Improvements at 14 intersections:
Sheet description Number of Sheets
Title Sheet 1
Roadway Improvement Plans and ADA Ramp Details 11
Traffic Signal Modification Plans 14
Signing and Striping Plans 14
Detail Sheet: Typical Signing and Striping Details 1
Detail Sheet: Typical Traffic Signal Cabinet/Equipment Details, Video 1 —
Detection Camera Installation, Trenching, Communications, Etc,
Total 42
Project plan set for the installation of a new overhead flashing beacon at Gene Autry Trail/Salvia Road:
Sheet description Number of Sheets
Title Sheet 1
Flashing Beacon Installation Plan 1
Signing and Striping Plans (with installation of delineators) 1
Detail Sheet: Typical Signing and Striping Details 1
Detail Sheet: Typical Overhead Flashing Beacon and Dynamic Message Sign i 1
Details, Trenching, Other ITS Elements, Communications, Etc.
Total 5
The following summarizes the layout for each plan type and details associated with each sheet:
Roadway Improvement Plans: CONSULTANT will
prepare roadway improvement plans for the design of the
proposed ADA compliant pedestrian access ramps
including plan and profile if necessary (up to 14 _
intersections) — otherwise we will use the GREENBOOK i
standard pedestrian ramp details.
The roadway improvement plans will show all existing -
improvements, as shown on the base sheets and all ; 3
existing underground utilities (sewer, water, gas mains and
associated laterals, storm drains, catch basins and
laterals, storm drains, manhole and valve covers, meter
RL
boxes etc.) and above ground utilities. Proposed work will
indicate limits of removals and construction of pedestrian
ramps and sidewalk access within the curb return or the C. - -_
sphere of work only. Plans will indicate removal/replacement of curbs, gutters, sidewalks, access ramps, sidewalk
and protection of existing facilities. CONSULTANT will consider and determine with City Staff the need and
location for the preservation of existing control monuments and the placement of new control monuments. At a
minimum, each detail shall contain a north arrow, scale, match lines with station and sheet reference, plan and
profile construction notes for all improvements on the sheet.
Exhibit"A"
Page 13 of 16
47
EXHIBIT "A"
SCOPE OF SERVICES
Traffic Signal Modification Plans: CONSULTANT will
prepare traffic signal modification plans for the 14
signalized intersections. The traffic signal modification
plans will include all items outlined in the RFP - In
summary, the plans will include all base mapping, as-
built information and utilities, and all existing and
proposed traffic signal poles and equipment,
communication infrastructure, battery backup systems,
�----
emergency vehicle pre-emption (EVP) equipment, "�• '� - ,`
'• a=-'-x= .video detection cameras, advanced dilemma zone '` 'r �� HIM
detection, pole schedules, conductor schedules, w''
construction notes, and any details necessary to ma
facilitate the installation and construction of the project , a_
improvements. -_ - -
The traffic signal modification plans will be prepared at 1" =20' scale in AutoCAD in accordance with the latest
State, County, and City Standards. The design will conform to the latest State of California Department of
Transportation (Caltrans)Standard Plans and Specifications and the California MUTCD.
Flashing Beacon Plans: CONSULTANT will prepare flashing beacon improvement plans for the one location.
The flashing beacon improvement plans will include all items outlined in the RFP - In summary, the plans will
include all base mapping, as-built information and utilities, and all new pole and equipment, pole schedule,
conductor schedule, construction notes, and any details necessary to facilitate the installation and construction of
the project improvements.
The flashing beacon improvement plan will be prepared at 1" =20' scale in AutoCAD in accordance with the latest
State, County, and City Standards. The design will conform to the latest State of California Department of
Transportation (Caltrans)Standard Plans and Specifications and the California MUTCD.
Signing and Striping Plans: CONSULTANT will
prepare signing and striping plans for the related
improvements at each signalized intersection (14 ,-
locations) in addition to the signing/striping and
installation of delineators related to the flashing beacon
improvements at Gene Autry Trail/Salvia Road.
The signing and striping plans will show existing
features to remain, existing features to be removed or ---- -- m. .
relocated, and the installation of new features. The r �-
plans will include the specified border, title block,
signature block, "As-Built" block, legend; general and
construction notes; and any construction details
necessary to facilitate installation of the signing and --
■ ® _ 1a
striping design. -= 96=-��-'� - _ -
The signing and striping plans will be prepared at 1" =20' scale in AutoCAD in accordance with the latest State,
County, and City Standards. The design will conform to the latest State of California Department of Transportation
(Caltrans) Standard Plans and Specifications and the California MUTCD.
Exhibit"A"
Page 14 of 16
48
EXHIBIT "A"
SCOPE OF SERVICES
Detail Sheets: The following summarizes the typical information each detail sheet: Typical ADA ramp details and
cross-sections; Typical Signing and Striping Details; and Typical Traffic Signal Cabinet/Equipment Details, Video
Detection Camera Installation, Trenching, Communications, Etc.
Deliverables: The roadway improvements, traffic signal modifications (14 intersections), and signing/striping
improvements plan set (42 Sheets). Submittals will be provided at 65%, 100% and Final. This
includes 2 sets of full size (24"x36") bond copies per submittal, and final signed mylars (24"x36")
including electronic files in AutoCAD and PDF, as requested.
The flashing beacon improvements and signing/striping with delineators plan set (5 Sheets).
Submittals will be provided at 65%, 100% and Final. This includes 2 sets of full size (24"x36")
bond copies per submittal, and final signed mylars (24"x36") including electronic files in AutoCAD
and PDF, as requested.
Task 10 Technical Specifications
CONSULTANT will prepare the project Technical Specifications and Bid Documents based on the project design
plans and the associated improvements per the City of Palm Springs requirements and the latest Caltrans
Standard Plans and Specifications; California Manual on Uniform Traffic Control Devices (CA MUTCD), and the
GREENBOOK. The technical specifications will include a project description, preparation of bid schedules, bid
item descriptions, payment methods, special provisions, technical specifications, and any specification detail
sheets or standard plans. The project Technical Specifications will be prepared and signed by a registered Civil
Engineer in the State of California.
Deliverables: Technical specifications will be provided for the Traffic Signal Improvements (14 intersections)
project and the Installation of Flashing Beacon project separately. Submittals will be provided at
preliminary 35%, 65%, 100% and Final including 2 hard copies, and electronic files in Word and
PDF, as requested.
Task 11 Final Estimate of Quantities and Costs
CONSULTANT will prepare construction quantity take-offs and construction cost estimates for the proposed traffic
signal and signal interconnect improvements, and ADA compliance improvements. The unit costs will be based
on current cost data and historical cost data associated with the identified bid items. Preliminary and final
quantities and construction cost estimates will be provided to the City.
Deliverables: Construction Quantity Take-offs and Construction Cost Estimates will be provided for the Traffic
Signal Improvements (14 intersections) project and the Installation of Flashing Beacon project
separately. Submittals will be provided at preliminary 35%, 65%, 100%and Final including 2 hard
copies, and electronic files in Word and PDF, as requested.
PHASE III - CONSTRUCTION SUPPORT
Task 12 Construction Support
CONSULTANT will provide construction support services for the construction plans and specification
interpretation and consultation during the bidding and construction phases of the project, including the following:
✓ Attend pre-construction meeting
✓ Review and respond to shop drawing submittal for conformity with the plans and specifications.
✓ Review and respond to Request for Information (RFI) or Change Request (CR) from the City or
Contractor.
✓ Review design change request and prepare new design plans as needed.
✓ Maintain a documentation of all changes (either clouded or clearly described) to approved plan set (e.g.
delta revisions).
Exhibit"A"
Page 15 of 16
49
EXHIBIT "A"
SCOPE OF SERVICES
✓ Assist the City with preparation of Addenda regarding omissions or conflicts in the design.
✓ Assist City's Project Manager in review and making recommendations to contract change order; and
prepare cost estimates for cost analysis based on the change order work.
✓ As-built drawings will be prepared based upon completion of the project and the Contractors red lined
plans.
Deliverables: Construction Support Services and preparation of as-built plans (42 sheets) for the Traffic Signal
Improvements (14 intersections) project.
Construction Support Services and preparation of as-built plans (5 sheets) for the Installation of
Flashing Beacon project.
Optional Services
If the signalized intersections will be upgraded to include left-turn phasing and additional detection for the
advance dilemma zones, new traffic signal timing plans will be necessary to accommodate these changes. These
professional services were not included in the RFP. Therefore, CONSULTANT can provide the following
additional services, if requested by the City of Palm Springs.
Task 13 Traffic Signal Timing Plans, Optimization and Implementation
CONSULTANT will provide new traffic signal timing plans based on the new protected left turn signal phasing and
the addition of the advanced dilemma detection; and ensure timing plans are conformance with the latest
CAMUTCD standards.
CONSULTANT is assuming all 14 intersections will require updated timing plans under the current traffic signal
operating scenarios: running free and under coordination during AM and PM peak hours. CONSULTANT will
ensure the new timing plans are compliance with latest CAMUTCD requirements, including: Pedestrian
Clearance; Yellow Clearance; All Red; and Bicycle Minimum Green times. CONSULTANT will document these
measurements, timing parameters, calculations, etc. in an Excel spreadsheet for the City's review and approval.
CONSULTANT will include the updated traffic signal timing information in the Synchro software traffic model that
we develop for each project intersection (14) in order to provide the new traffic signal timing and coordination
plans for the City (total 3 plans per intersection). CONSULTANT will also provide traffic simulations (from the
Synchro software) to observe and determine the optimum traffic signal operations using this technology.
CONSULTANT will assist the City with the implementation, observations and fine-tuning of the new traffic signal
timing plans.
Deliverables: Brief Technical Memorandum documenting the updated timing parameters and calculations for 14
intersections during free operations, and coordination timing plans during AM and PM peak hours
(total 3 plans per intersection). Implementation, observations and fine-tuning of the new traffic
signal timing plans.
Exclusions
Consulting services relating to any of the following tasks may be completed by CONSULTANT if negotiated under
a separate contract for an additional fee; but are presently excluded from this Agreement:
• Geotechnical studies Additional Roadway Improvements
■ Processing fees from utility companies Additional Potholing
• Additional Environmental Studies Due to Additional Traffic Signal Timing and
Ground Disturbance Coordination Plans
■ Encroachment Permit Fees Separate Signal Communication Plans
■ Engineering Reports Landscaping and Irrigation Plans
END OF EXHIBIT "A"
Exhibit"A"
Page 16 of 16
50
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
Exhibit"A"
Page 1 of 16
51
EXHIBIT "CI
CONSULTANT'S PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
Exhibit"A"
Page 1 of 16 52
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump
sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor
based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the
lump sum task item fee until completion of such task item as determined by the Contract Officer. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion
performed, with supporting documentation. The determination of payment due shall be made based
upon the reasonable judgment of the Contract Officer.
Traffic Signal Improvements (HSIP Cycle 8) Project
Federal Aid Project No. HSIPLN-5282 (047)
Task Total
Lump Sum
Task 1 Project Management and Meetings $ 11,536
Task A Caltrans Request for Authorization Forms/Clearances
and R/W Certification $ 7,543
Task B Caltrans Bid Award/Project Completion Packages $ 531
Task C Caltrans Encroachment Permits— Review and Approvals $ 531
Task 1 Subtotal $ 20,141
Phase I —Planning, Environmental, and Conceptual Design
Task 2 Left Turn Phasing and Level of Service Analysis
Task 2.1 Traffic counts $ 2,569
Task 2.2 Level of service (LOS) analysis/
Protected Left Turn Phasing Analysis $ 7,582
Task 2 Subtotal $ 10,151
Task 3 Research of Record Information and Field Review $ 11,675
Task 4. Environmental
Task 4.A CEQA/NEPA Compliance
Task 4.A.1 Project Initiation/Kick-off Meeting/Site Visit $ 2,343
Task 4.A.2 Complete PES Form and Supplemental Documentation $ 9,225
Task 4.A.3Prepare Draft CEQA Categorical Exemption $ 1,343
Task 4.A.4 Environmental Coordination and Management $ 3,729
Task 4.13.1 Initial Site Assessment $ 8,063
Task 4.13.2 Community Impact Assessment $ 4,859
Task 4.6.3Natural Environment Study — Minimal Impact(NES-MI) $ 3,300
Task 4.13.4Cultural Resources Records Search $ 6,500
Task 4 Subtotal $ 39,362
Task 5 Surveying and Topographic Mapping $ 34,058
Task 6 Utility Coordination $ 11,568
Task 7 Utility Potholing (10 Locations) $ 13,260
Task 8 Preliminary Design $ 28.87
Phase I Subtotal $ 148,952
Exhibit"A"
Page 1 of 16
53
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Exhibit"D" Continues on Next Page
Traffic Signal Improvements (HSIP Cycle 8) Project
Federal Aid Project No. HSIPLN-5282 (047)
Task Total
Lump Sum
Phase II Engineering Design — Plans, Specifications, and Estimates (PS&E)
Task 9 Improvement Plan Preparation
Task 9.1 Roadway Improvement Plans $ 38,994
Task 9.2 Traffic Signal Modification Plans $ 66,491
Task 9.3 Signing and Striping Plans $ 21,854
Task 9 Subtotal $ 127,339
Task 10 Technical Specifications $ 4,852
Task 11 Final Estimate of Quantities and Costs $ 12 990
Phase II Subtotal $ 145,181
Phase III Construction Support
Task 12 Construction Support
Task 12.1 Pre-Construction Meeting $ 1,919
Task 12.2 Questions During Construction $ 4,957
Task 12.3 Preparation of As-Built Drawings $ 5,365
Task 12 Subtotal $ 12,241
Task 13 Traffic Sianal Timina Plans. Optimization and Implementation $ 42.334
Grand Total Not To Exceed [FPN HSIPLN 5282 (047)] $ 368,849
Exhibit"D" Continues on Next Page
Exhibit"A"
Page 2 of 16
54
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Installation of Flashing Beacon (HSIP Cycle 8) Project
Federal Aid Project No. HSIPLN-5282 (048)
Task Total
Lump Sum
Task 1 Project Management and Meetings $ 3,183
Task A Caltrans Request for Authorization Forms/Clearances
and R/W Certification $ 4,706
Task B Caltrans Bid Award/Project Completion Packages $ 3,126
Task C Caltrans Encroachment Permits — Review and Approvals $ 3,126
Task 1 Subtotal $ 14,141
Phase I — Planning, Environmental, and Conceptual Design
i
Task 2 Left Turn Phasing and Level of Service Analysis (Not Applicable)
Task 2 Subtotal $ 0
Task 3 Research of Record Information and Field Review $ 1,804
Task 4. Environmental
Task 4.A CEQA/NEPA Compliance
Task 4.A.1 Project Initiation/Kick-off Meeting/Site Visit $ 479
Task 4.A.2Complete PES Form and Supplemental Documentation $ 4,816
Task 4.A.3 Prepare Draft CEQA Categorical Exemption $ 2,309
Task 4.A.4Environmental Coordination and Management $ 1,094
Task 4.13.1 Initial Site Assessment $ 2,013
Task 4.B.2 Community Impact Assessment $ 762
Task 4.B.3Natural Environment Study— Minimal Impact(NES-MI) $ 1,562
Task 4.6.4Cultural Resources Records Search $ 2,562
Task 4 Subtotal $ 17,401
Task 5 Surveying and Topographic Mapping $ 4,562
Task 6 Utility Coordination $ 2,672
Task 7 Utility Potholing (10 Locations) $ 1,939
Task 8 Preliminary Design S 2,438
Phase I Subtotal $ 29,012
Phase 11 Engineering Design —Plans, Specifications, and Estimates (PS&E)
Task 9 Improvement Plan Preparation
Task 9.1 Flashing Beacon Improvement Plans $ 4,580
Task 9.2 Signing and Striping Plans $ 3,106
Task 9 Subtotal $ 7,686
Task 10 Technical Specifications $ 4,430
Task 11 Final Estimate of Quantities and Costs S 2528
Phase II Subtotal $ 14,644
Exhibit"A"
Page 3 of 16
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Installation of Flashing Beacon (HSIP Cycle 8) Project
Federal Aid Project No. HSIPLN-5282 (048)
Task Total
Lump Sum
Phase III Construction Support
Task 12 Construction Support
Task 12.1 Pre-Construction Meeting $ 1,441
Task 12.2 Questions During Construction $ 3,856
Task 12.3 Preparation of As-Built Drawinqs $ 1,201
Task 12 Subtotal $ 6,498
Grand Total Not To Exceed [FPN HSIPL 5282 (048)] $ 64,295
Grand Total Not To Exceed Contract $ 433,144
Note: All reimbursable expenses are inclusive of the lump sum total amounts identified
for each sub-task, and no further reimbursement shall be allowed.
END OF EXHIBIT "D"
Exhibit"A"
Page 4 of 16
5g
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
E.1 Project Schedule
ADVANTEC is proposing to expedite this project in o nine-month schedule for the delivery of the PS&E package and
environmental approvals for the Traffic Signal Improvements and Installation of Flashing Beacon (HSIP Cycle 8) projects.
One of the key elements in order to meet this schedule is to pro-actively process the environmental elements with Caltrans.
We pride ourselves in delivering projects on-schedule and within budget,and look forward to working with the City of Palm
Springs. me :2aa
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Page 1 of 16
57.