HomeMy WebLinkAbout12/17/2014 - STAFF REPORTS - 2.G. p p L M S,.
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DATE: December 17, 2014 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO
TRANSTECH ENGINEERS, INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $484,102 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE
BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO.
07-03, FEDERAL AID PROJECT NO. BHLS 5282 (026)
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
This action will approve a professional services agreement with Transtech
Engineers, Inc., a California corporation, for construction management services
for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid
Project No. BHLS 5282 (026).
RECOMMENDATION:
1) Approve Agreement No. with Transtech Engineers, Inc., a
California corporation, in the amount of $484,102 for construction
management services related to the Bogert Trail Bridge Rehabilitation
Project, City Project No. 07-03, Federal Aid Project No. BHLS 5282 (026);
and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Public Works and Engineering Department previously applied for funding
through the Highway Bridge Program (HBP) for widening and rehabilitation of the
existing Bogert Trail bridge over the Palm Canyon Wash. The existing bridge
has been identified by Caltrans as functionally obsolete, and its widening and
ITEM NO. � .
City Council Staff Report
December 17, 2014 -- Page 2
Professional Services Agreement—Transtech Engineering
repairs are eligible for funding through the HBP. This project will retrofit and
repair the existing bridge, and widen the bridge deck width to match the existing
roadway width on either side of the bridge, including new sidewalks and
accommodating bike lanes.
On November 5, 2014, the City Council approved the plans, specifications, and
working details for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03,
Federal Project No. BHLS-5282 (026), (the "Project"), and authorized the bid
process. The project has been advertised for bidding, with a bid opening date of
December 16, 2014; City Council award of a construction contract will be
scheduled in January 2015.
The scope of the Project is of a magnitude that requires the services of a
professional construction management firm. Construction of the Project was
originally anticipated in 2012, however, construction of the Project causes
potential environmental impacts to the critical habitat for Casey's June beetle, a
federal endangered species. In order to mitigate for these potential
environmental impacts, the City was required to dedicate a permanent easement,
the Bogert Wash Preserve, adjacent to the Project, to the Center for Natural
Lands Management (CNLM). On July 3, 2013, the City Council approved a
funding agreement and granted a conservation easement for Casey's June
beetle habitat mitigation to CNLM for the Project, allowing staff to proceed with
the construction phase.
Staff prepared a Request for Proposals (RFP) for construction management
services, including all related construction engineering, inspection, materials
testing, and contract compliance. With the expectation that construction of the
Project was to occur in 2012, staff released the RFP in October 2011, which was
published and made available to firms through the City's Division of Procurement
and Contracting. On November 2, 2011, the Division of Procurement and
Contracting received proposals from the following 5 firms:
1. Athalye Consulting Engineering Services, Inc.; Lake Forest, CA
2. Atkins Global; San Diego, CA
3. Falcon Engineering Services, Inc.; Corona, CA
4. Harris & Associates; Irvine, CA
5. Transtech Engineers, Inc.; Walnut, CA
Following review of the proposals and interviews by staff, Transtech Engineers,
Inc., was selected on the basis of the firm's professional experience, qualified
staff, and excellent references.
The Public Works and Engineering Department has prepared a professional
services agreement with Transtech Engineers, Inc., in the amount of $484,102 to
provide the City with the required construction management services, including
02
City Council Staff Report
December 17, 2014-- Page 3
Professional Services Agreement—Transtech Engineering
all related construction engineering, inspection, materials testing, and contract
compliance. A copy of the proposed professional services agreement is included
as Attachment 1.
FISCAL IMPACT:
A total of $5,224,193 was previously budgeted for the Project from the following
fund sources:
• Local Measure A (Fund 134): $896,016
• Caltrans — HBP Grant, Capital Projects (Fund 261): $4,328,177
All costs associated with the Project are reimbursed up to 88.53% by the federal
Highway Bridge Program (HBP) grant from the Federal Highway Administration
via Caltrans. Funds to encumber for approval of the Professional Services
Agreement in the amount of $484,102 with Transtech Engineering, Inc., are
budgeted and available from the following accounts:
• Local Measure A, Account No. 134-4498-50244; $55,527
• Federal HBP Grant, Account No. 261-4491-50244; $428,575
No local general funds are being used for the Project.
SUBMITTED:
Prepared by:
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Marcus L. Fuller
Assistant City Manager/City Engineer
Approved by:
David H. Ready, City Ma
Attachments:
1 . Professional Services Agreement
03
ATTACHMENT
04
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES FOR
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO. 07-03
FEDERAL AID PROJECT NO. BHLS 5282 (026)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into, to be effective this day of 20, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter
referred to as "City") and TRANSTECH 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 construction management services for the
Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS 5282
(026), (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide construction management
services to City for the Project 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 CONTRACTOR
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 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
high quality among well-qualified and experienced professionals performing similar work under
similar circumstances.
Page 1 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 05
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement and the supplemental "Special Requirements' identified on
Exhibit "B'; (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"), which
shall all be referred to collectively hereinafter as the "Contract Documents." The City's
Request for Proposals and the Consultant's Proposal, respectively, are hereby 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: (1') the provisions of the Scope of Services (Exhibit "A"); (2nd)
the provisions of the City's Request for Proposals; (3rd) the terms of this Agreement and the
supplemental "Special Requirements" identified on Exhibit "B"; and, (4th) the provisions of the
Consultant's Proposal.
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.
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.
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,
Page 2 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 v
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 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting
from such Work. No such extra work may be undertaken unless a written order is first given by
the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract
Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments
are subject to the written approval of the Consultant. Any increase in compensation of up to
twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or
in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring
either separately or cumulatively, must be approved by the Palm Springs City Council. It is
expressly understood by Consultant that the provisions of this section shall not apply to the
services specifically set forth in the Scope of Services or reasonably contemplated therein,
regardless of whether the time or materials required to complete any work or service identified
in the Scope of Services exceeds anytime or material amounts or estimates provided therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit
"B" shall govern.
2.0 COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by City in accordance with the Schedule of
Compensation, which is attached hereto as Exhibit "C" and is incorporated herein by
reference, but not exceeding the maximum contract amount of Four Hundred and Eighty Four
Thousand, One Hundred and Two Dollars, ($484,102) (hereinafter referred to as the
"Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The
method of compensation shall be as set forth in Exhibit "C." Compensation for necessary
expenditures for reproduction costs, telephone expenses, and transportation expenses must
be approved in advance by the Contract Officer designated pursuant to 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 hereby acknowledges
Page 3 of 20
Contract Services Agreement .7
Bogert Trail Bridge Rehabilitation, CP 07-03
that it accepts the risk that the services identified in the Scope of Services may be more costly
and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to
additional compensation therefore, 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 herein. If the City's maximum
payment obligation is reached before the Consultant's Services under this Agreement are
completed, consultant shall nevertheless complete the Work without liability on the City's part
for further payment beyond the Maximum Contract Amount.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "C"), in any month in which Consultant wishes to receive
payment, no later than the tenth (10) working day of such month, Consultant shall submit to
the City, in a form approved by the City's Finance Director, an invoice for services rendered
prior to the date of the invoice. 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 a soon thereafter 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, this Agreement shall automatically terminate
without penalty to the City.
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 Schedule of Performance (Exhibit "D").
3.2 Schedule of Performance. Consultant shall commence the Services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all Services
within the time period(s) established in the Schedule of Performance, which is attached hereto
as Exhibit "D" and is incorporated herein by reference. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
Page 4 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 08
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 the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the 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
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 as provided elsewhere in 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 but not exceeding three (3) years from the
date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D") and
pursuant to Section 3.2 above, unless extended by 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: David Mlvnarski . 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.
Page 5 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 09
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 subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor 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,
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 Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, 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
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Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 10
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, subcontractors, 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
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
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Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 1 1
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
subcontractors, 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
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 contractors, 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
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Bogert Trail Bridge Rehabilitation, CP 07-03 12
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
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 subcontractors, 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 subcontractors 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
Page 9 of 20
Contract Services Agreement 13
Bogert Trail Bridge Rehabilitation, CP 07-03
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
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
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Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 14
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
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
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 officers, Council
members, officials, 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 subcontractors, 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, its officers, Council
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Contract Services Agreement 1 rJ
Bogert Trail Bridge Rehabilitation, CP 07-03
members, officials, employees, or agents.
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
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. In the event a final judgment, arbitration award, order,
settlement, or other final resolution expressly determines that Claims did not arise out of,
pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any
extent, then City shall reimburse Consultant for the reasonable costs of defending the
Indemnified Parties against such Claims, except City shall not reimburse Consultant for
attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending
Consultant or any parties other than Indemnified Parties against such Claims.
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. This provision is intended for the benefit of
third party Indemnified Parties not otherwise a party to this Agreement.
7. REPORTS AND RECORDS
7.1 Accountina 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.
7.2 Reports. 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.
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Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 Is
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, 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 subcontractors
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.
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.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books, records, data, and documents in accordance with
generally accepted accounting principles and shall clearly identify and make such items readily
accessible to such parties during the term of this Agreement and for a period of three (3) years
from the date of final payment by City hereunder.
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
Page 13 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 117
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
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.B, 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
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Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 1
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.
9. CITY OFFICERS AND EMPLOYEES: 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. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which effects his financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that it 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.
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 race, religion, color, sex, age, marital status, ancestry, or national
origin. Consultant shall ensure that applicants are employed, and that employees are treated
Page 15 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 1 q
during their employment, without regard to their race, religion, color, sex, age, marital status,
ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright 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
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:
Page 16 of 20
Contract Services Agreement 2 O
Bogert Trail Bridge Rehabilitation, CP 07-03
To Citv: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Transtech Engineers, Inc.
Attention: David Mlynarski
413 MacKay Drive
San Bernardino, CA 92408
Attention: David Mlynarski
Telephone: (909) 384-7464
Facsimile: (909) 384-7475
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.
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
Page 17 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 21
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.
(SIGNATURES ON FOLLOWING PAGE)
Page 18 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 22
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By By
City Clerk City Manager
Date: Date:
By
City Engineer
Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
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 19 of 20
Contract Services Agreement
Bogert Trail Bridge Rehabilitation, CP 07-03 23
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me, _
Oafo _.. Hem hnM Name W Title of the Mom
personally appeared _
N�IsJ of Slpnenej
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
he/sha4hey executed the same in his/her/their authorized
capacity(ies), and that by hisRrer/their sgrmture(s) on the
Instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
p6m wwry swi Signature skmwm auom,r 1%W
OP77ONAL
Though the inlamaiYon aolow is not requVad by law,It tray prove valuable to persons r*hV on the docunn nt
and could prevent fraud Rent removal and reattachment of this norm to arrorhar document.
Description of Attached Document
Title or Type of Document:
Document Date: :_—Number of Pages:
Signer(s)Other Than Named Above.
Capecity(les)Claimed by Signer(s)
Signer's Name:,._ Signer's Name:_
7 Individual G kxHvidual
1 Corporate Officer—Titfe(s): r,Corporate Officer—Tite(s):
• Partner—❑Limited O General ❑ Partner—❑Limited ❑General
• Attorney in Fact ❑Attorney in Fact
• Trustee Top of thumb m� ❑Trustee Top a f�hem
Cl Guardian or Conservator ❑Guardian or Conservator
• Other. EI Other:
Signer Is Representing:. I Signer Is Representing:
020W r+wra,ul Noerry Aaeotlitlonee35o De Sow Aue,P.nawt P4ar.C1e�.onh CA B13f 3rGdtri•vnwv,NelpuNaferyap bfm#W Realer.G2l Tiyl.r tfid4876862'!
Page 20 of 20
Contract Services Agreement z 4
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES
1. Pre-Construction Meeting
Facilitate a pre-construction meeting. The meeting will be attended by representatives of the local
agency and contractor.Affected agencies will be invited to attend: local authorities(police, fire,etc.),
and public utilities personnel. City will also extend an invitation to Caltrans. If necessary, Consultant will
have additional meetings where considerable effort and time is required to cover specific areas, such as
labor compliance, Equal Employment Opportunity(EEO), record keeping, etc. Consultant will explain
the various forms, reports,as well as sanctions for noncompliance with local,State, and federal
requirements. Discussion will include requirements for Equal Employment Opportunity, State and
federal safety, labor compliance and DBE. Potential utility and traffic safety problems will also be
discussed, as well as National Environmental Policy Act (NEPA) compliance requirements.A written
record of attendance and items discussed will be prepared and distributed to all attendees.
2. Project Administration
a. Administer Project construction contracts using Caltrans Construction Manual, and in compliance
with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 16- Administer Construction
Contracts and Chapter 17- Project Completion for Federally Funded Projects.
b. Contract Time Monitoring. Consultant will review working days, contract time requirements, and
document time extensions according to the requirements set forth in the bid specifications. Any
contract time extension approvals will only be made if the justification demonstrates a delay to the
controlling item of work in the contractor's schedule. Consultant will maintain a written record of
project progress. This record will indicate factors which may affect the work, such as weather
conditions, utility delays, strikes or labor disputes, and material shortages. Based on these factors a
record of working days will be maintained.
c. Engineer's Daily Reports. Consultant will keep daily reports to record work in progress. When the
report is used to determine compliance with the labor provisions of the contract,
d. Conduct regular Project coordination meetings with Contractor, Agency, Design Engineer, local
cities, and/or regulatory agencies as appropriate.
d. Prepare Contractor progress payments and maintain payment records and supporting
documentation.All progress payments shall be reviewed by Agency for approval.
e. Provide reports as needed to comply with specific funding requirements.
f. Establish and maintain Project records in accordance with the Caltrans Construction Manual and the
Local Assistance Procedure Manual. Project record keeping shall include, but are not limited to,
correspondence, memoranda, contract documents, change orders, claims, Agency and engineer
directives, meeting minutes, shop drawings, supplementary drawings, and requests for payment.
Maintain a record of the names, addresses, and telephone and fax numbers of the Contractors,
subcontractors,and principal material suppliers.
g. Establish and maintain a filing system for the Project using the Caltrans Construction Manual as a
guideline.
h. Monitor Contractors' construction schedules on an ongoing basis and alert Agency to conditions
that may lead to delays in completion of the Project.
L Prepare and submit a monthly Activity Summary Report for the Project. The activity report shall
include status of SWPPP issues, RFls, contract change orders, and notice of potential claims;
construction activities completed, ongoing, and upcoming; status of Project budget and schedule,
and other highlights and critical issues
j. Review compliance with environmental requirements.
k. Participate in partnering sessions with the Contractor,Agency, and Local Agencies, as required.
I. Administer that the Project meets provisions of the Quality Assurance Program Manual.
m. Review Contractors' certified payroll records and compliance with the requirements of the
Page 1 of 8, Exhibit"A"
Special Requirements 25
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
construction contract.
n. Administer that the Project meets provisions of the Storm Water Pollution Prevention Plan (SWPPP).
o. Administer that the Project meets applicable regulations of the Air Quality Management District
(AQMD).
p. Administer that the contractor maintains redlined as-built plans on an ongoing basis throughout the
duration of the Project.
3. Construction Coordination
a. Provide on-site construction staff as necessary, including Construction Resident Engineer, Structures
Representative/Inspector, PW Inspector, Office Engineer and Materials Testing and Specialty
Inspection to effectively manage the Project.
b. Act as a prime point of contact between Agency, Contractor, Regulatory Agencies, Utility Companies
and other involved parties. Act as point of contact between design engineers, cities, and the public.
Facilitate coordination with property owners adjacent to Project right-of-way.
c. Maintain regular contact with and respond to Agency Program Manager.
d. Assist the contractor in coordination of utility relocations with utility companies and their designees.
e. Coordinate review of shop drawings and Requests for Information (RFI) with the Construction
Manager. Log and track submittals and requests.
f. Coordinate Storm Water Pollution Prevention Plans (SWPPP), review and approve contractor
prepared SWPPP. Cooperate with monitoring agency inspections and field reviews and administer
Contractor compliance with SWPPP permits requirements and other Federal, State and Local
requirements and laws.
g. Maintain permits and permit documentation on site.
h. Administer Contractor's compliance with permits, Federal or State law, regulations, or
requirements.
i. Public Relation Service (by others to be retained by the City)
4. Construction Inspection
a. Coordinate required inspections necessary for the Project. Administer that appropriate local City
and regulatory agencies are notified and present as required throughout the Project. Notify Agency
regarding any directives, recommendations, notices, etc. received. Administer that assigned
personnel also has knowledge of OSHA and State of California Construction Safety Orders (CalOSHA)
and traffic control practices. In addition, assigned personnel will be familiar with the construction
requirements of Caltrans'Storm Water Pollution Prevention Program. Assignments to be performed
will include:
• Necessary inspections as required to determine that construction of the Project is being
performed in accordance with the contract documents.
• Providing necessary Materials Testing and Specialty Inspections to perform various construction
materials sampling and testing. Laboratory and field materials testing will be used to ensure
that structure and roadway construction work conforms to California State Department of
Transportation (Caltrans) standards, specifications, and special provisions for material quality
and workmanship. All field and laboratory testing will be performed in accordance with
California Test Methods.
• Identifying actual and potential problems associated with the Project and recommending
solutions.
• Maintaining awareness of safety and health requirements. Monitoring Contractors' compliance
with applicable regulations and construction contract provisions for the protection of the public
and Project personnel.
Page 2 of 7, Exhibit"A" 26
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
• Preparing complete and accurate daily reports, calculations, project records, payment quantity
documents, reports, and correspondence related to Project activities.
• Administering that field red lined as built plans are maintained daily by the contractor.
• Maintaining awareness of water discharge requirements. Monitoring Contractors' compliance
with applicable regulations and construction contract provisions.
• Monitoring Contractors' compliance with applicable regulations required by AQMD.
b. Perform daily on-site observations of the progress and quality of construction to determine if the work
being performed is in general conformance with the contract documents.
c. Exercise reasonable care and diligence to discover and promptly report to Agency any and all defects or
deficiencies in the materials or workmanship used in the Project.
S. Materials Testing and Inspection (by sub-consultant, MTGL, Inc.)
Materials Testing and Inspection services will be provided by MTGL, Inc. (Subconsultant, DBE Firm). The
scope of work for Materials Testing and Inspection will include:
MTGL will provide special inspection and testing services in accordance with the Project specifications
and specific standards as required by the Agency for necessary construction activities including:
• Soils and Foundation • Pile/Pier Installation
• Fill compaction • Reinforcement Placement
• Reinforcing Steel • Concrete Placement
• Concrete • Field Welding
• Structural Steel • High Strength Bolting
• Masonry • Masonry Placement& Grouting
• Grout and Mortar • Utility Trench—Backfill Compaction
• Epoxy& Expansion Anchors • Pavement/Base—Off-site and On-site Testing
• Footing Excavation
Field Reporting: A daily hand written report will be issued at the completion of the day with verified
service hours signed by the Project Superintendent. The Construction Manager, Architect, Structural
Engineer, and General Contractor's project manager will be mailed the reports within 7 working days of
MTGL service after review from Field Engineer.
Test and Report Delivery Timeline: MTGL strives to provide test results in a timely manner. Final reports
for typical tests are provided within seven (7) calendar days. If requested, preliminary verbal results can
be provided within one business day. In the event that a sample yields abnormal results or fails a test,
MTGL will provide verbal notification within 2 hours, with the final written report delivered within 24 to
48 hours. After a failed test, MTGL will fast-track reporting of subsequent re-tests and provide a final
report within 3 to 4 business days, or sooner per client request.
Compaction Testing of On-Site Improvements & Trench Backfill: Services will consist of compaction
testing of the utility trench backfills and paved areas on site and within the street right of way. Work will
be scheduled by the Consultant's inspector by calling MTGL dispatcher at (800) 491-2990. Requests
received by 3:00 PM the prior business day will be serviced the following day. MTGL's services will
consist of performing in place density tests by either the sand cone method (ASTM D1556) or nuclear
gauge method (ASTM D2922), water content test, and maximum density optimum moisture test per
ASTM D1557 at locations selected by MTGL representative. Trench backfill compaction test will be taken
at locations and frequencies in accordance to guidelines provided by applicable requirements. The
following guidelines will be used, subject to Agency approval.
Page 3 of 7, Exhibit"A" 27
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
• Test locations will be selected by MTGL technician at locations on a random basis.
• Test locations on main trenches will be spaced no more than 300 linear feet and lateral trenches will
be tested.
• Compaction tests will be taken at each lift in the backfill zone and in the sub-grade zone in trenches
with depths of 4 feet or less.
• One half of the test shall be taken from each depth. Trenches deeper than 4 feet will be tested each
8 inch lift and at the sub grade zone.
• In addition, sub-grade compaction testing of paved areas on-site and within the street right of way
will be taken at locations and frequencies in accordance to guidelines provided. The following
guidelines will be used, subject to approval.
• Test locations will be selected by MTGL technician at locations that represent the surface
appearance of the sub-grade at the time of testing.
• Test locations will be spaced no more than 500 linear feet apart.
Grading Observation & Testing: Services will consist of rough grading operations, performing soils tests,
and submittal of a soil grading report. MTGL technician will observe rough grading operations on a full
time basis. Removal bottoms and footing excavations shall be approved by the identified project
professional (i.e. GE or CEG). Water content, in place density (compaction), maximum density and
optimum moisture, expansion index and soluble sulfate test will be performed at a frequency and at
locations selected by the soils engineer. MTGL laboratory can perform other soils test, if required,
subject to approval. During the course of construction MTGL will provide written notification, with a
copy to the contractor, if in MTGL's opinion, any time the work is not in conformity to the plans and
specifications. Upon completion of the work MTGL will prepare a final report which will summarize
observations and the results of all tests performed. The final report will contain recommendations and
opinions regarding the conformance of the completed rough grading to the intent of the plans, soil
engineering reports, and specifications.
Asphaltic Concrete Lay Down Inspection: Services will consist of inspection of the asphaltic concrete lay
down and quality control during the lay down operation for conformance to the job specifications. The
lay down inspection will consist of monitoring the temperature and rolling procedure for the in place
density of asphaltic concrete by nuclear method. Quality control will consist of asphaltic concrete
maximum density testing for conformance to the job specifications. A written report will be provided at
the completion of the work. MTGL services will also include laboratory testing of the aggregate base
and asphaltic concrete. Services will include Hveem stabilometer, sieve analysis, sand equivalents and
R-Value testing of aggregate base. Tests will be performed on materials sampled at random locations
and at frequencies based on the project specifications. Testing requirements for Oil Content of asphalt
can be met with MTGL Rapid Ignition Oven, providing real time results to batch plants supplying asphalt.
Concrete Inspection& Testing: Services will consist of continual concrete inspection during the concrete
placement, for conformance to approved plans, specifications, and building codes. During concrete
placement MTGL inspector will fabricate 4 compression test specimens for each 100 cubic yards of
concrete placed. MTGL will provide testing at different intervals per project requirements. Test
cylinders will be cured in MTGL laboratory until they are tested in accordance to ASTM C192.
Compression test will be performed in accordance to ASTM C39 at 7 and 28 days, respectively. Copies of
the results of all compression tests will be provided upon completion of the test. Prior to any placement
of concrete, MTGL inspector will verify all reinforcing steel placed in accordance with the project
documentation. Verification of proper size, location and spacing will be the primary focus of these
inspections.
Structural Steel Inspection & Testing: MTGL will provide an inspector that has been certified by ICC as a
Page 4 of 7, Exhibit"A" 28
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
special inspector for welding. Their work will consist of inspections of all welds made in the shop
operations and/or during the field erection for compliance of the approved plans and job specifications.
The inspector will make a systemic record of all welds, including a list of defective welds and a manner
of correction. The inspector will check the material, equipment, details of construction and procedures,
as well as the welds. The inspector may use gamma ray, sonic or any other aid for visual inspection that
they deem necessary to assure the adequacy of the welding. During the welding inspection, MTGL
inspector will also inspect the installation of the high strength bolts for conformance to the job
specifications. MTGL inspector will check the materials, equipment, details of construction and
installation procedure.
Ensuring Contract Requirements: MTGL role during construction will incorporate daily review of the
technicians and inspection activities to define areas that may need to be re-tested. In some cases an RFI
is issued to the architect for approval. MTGL corporate policy is to work with the associated sub-
contractor to rectify the failing areas rapidly as to not interfere with the critical path of construction. In
the event the item is not cleared up by means of a re-test or an RFI response within the first 72 hours, a
deficiency log will be created and circulated with each week's reports until resolved. MTGL
communications at this point will be with the assigned Inspector who will aide in the required corrective
actions with the general contractor. MTGL will collect verified reports at the completion of each stage
of construction while the work at hand is within a short time of the inspector's assigned duties. The
project will ultimately end with an affidavit that all materials and soil has met the approved project
documents for certification.
Deficiency Log: MTGL will work with involved parties to ensure that all construction and materials
conform to the project plans and specifications. Any deficiency found will be immediately brought to
the Client's Construction Manager, the Contractor and if applicable, the sub-contractor involved. If the
deficiency is not resolved within 72 hours, we will distribute a deficiency log to all parties involved on a
weekly basis. MTGL will proactively work with the party responsible for the deficiency to ensure that it
is resolved.
Reporting: Daily inspection reports will be provided to the Construction Manager with weekly summary
reports provided.A verified report indicating that all inspected welding has been done in accordance to
the approved plans and specifications will be provided upon completion of the work. MTGL will monitor
re-testing of any failed tests to assist the client in regaining costs for inspection of failing tests from the
General Contractor and its Subcontractors.
6. Managing Contract Cost Accounting System,including Construction Records and Accounting
Procedures
• Manage contract cost accounting system.
7. Maintaining Project Files and Documentation
The project file will contain all data pertinent to the work and to the requirements of the specifications.
In general, project files will support adequacy of field control, conformance to contract specifications
and contract payments to the contractor. Project files will be organized to include the information
indicated below:
• Project Personnel
• Weekly record of working days
• Materials Data
• Engineer's Daily Reports
• Contract Item Pay Quantity Documents
Page 5 of 7, Exhibit"A" 29
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
• Contract Change Orders
• Extra Work Reports
• Progress Pay Estimates/Status of Funds
• Labor Compliance and EEO records
• Contractor's Payrolls
• Final Report
• Materials Certificate
• DBE Records
The file will be complete,available at a single location, organized and maintained in a manner that
permits inspection by Caltrans and FHWA personnel during process reviews or random checks.
Maintaining complete and accurate files is a very important aspect of managing federally funded
projects. Generally, whenever the local agency is unable to produce requested data or information, it is
assumed by reviewing personnel the required actions were either never performed or not properly
recorded. Organized project files can minimize these negative assumptions. District Local Assistance
Engineer(DLAE) may perform process reviews and inspect, during construction, local agency project files
for compliance with federal and State requirements.Organization and content of the project file is one
indicator of the effective and efficient management of the project by the resident engineer.
8. Labor Compliance
Consultant will enforce Labor Compliance requirements and maintain Certified Payroll records in
compliance with the prevailing wage requirements. Consultant will perform labor interviews as
necessary. Reporting for labor compliance will be done on a random spot-check basis as required by the
federal funding program. Equal Employment Opportunity(EEO) requirements apply to all federal-aid
construction contracts and all related subcontracts of$10,000 or more. Reporting for labor compliance
will be done on a random spot-check basis only. One report per week on the project will be used as an
initial guide. The frequency may be reduced after a high degree of compliance has been verified.
Consultant will use daily report forms used by Caltrans that are shown as Exhibit 16-C of LAPM.
9. Cost and Schedule
a. Monitor and track the following:
• Contract pay item quantities and payments
• Contract change orders
• Supplemental work items
• Agency furnished materials
• Contingency balance
• Project budget
b. Review and monitor Contractor's schedule and inform Agency of any significant changes or
deviations in the schedule.
c. Provide and maintain a Project staffing plan of field office personnel based on the Contractor
submitted baseline schedule update. In cooperation with Agency,the staffing plan will be
periodically updated to reflect Project progress and needs.
10. Contract Change Orders and Claims
a. Receive and evaluate requests for changes and/or substitutions by the Contractor. Contract Change
Orders submitted to Agency will be accompanied by recommendations. Where applicable,convey
proposed changes to design engineer, or other Project consultants. If the requested changes are
accepted, negotiate and prepare appropriate Contract Change Orders for Agency's review and
approval.
Page 6 of 7, Exhibit"A" 30
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "A"
SCOPE OF SERVICES (Continued. . .)
b. Attempt to avoid all unnecessary Contract Change Orders. When a Contract Change Order is
necessary, Consultant will consult with Agency prior to its preparation. Unless directed otherwise
by Agency, the preferred method of payment for Contract Change Orders will be as follows.
• Agreed Price
• Adjustment in compensation to a bid item
• Time and materials or Force Account
c. Perform force account analysis to validate cost submitted by the Contractor for contract change
orders with agreed unit price, lump sum price, and adjustment in components. Analysis shall be
based on realistic production and resource needs to complete the work.
d. Attempt to identify all potential claims, track and monitor unresolved claims. Implement
appropriate claims avoidance processes where in the best interests of Agency as determined by
Agency's Program Manager.
e. Assist Agency, as requested, in the identification, resolution, and final disposition of claims filed by
the Contractor or third parties against Agency or the Project.
11. Safety Program
a. Administer safety program (contractor is responsible for safety).
12. Quality Assurance Program
A Quality Assurance Program (CAP) is a sampling and testing program that will provide assurance that
the materials and workmanship incorporated in each highway construction project are in conformance
with the contract specifications. The main elements of a Quality Assurance Program are acceptance
testing and independent assurance sampling and testing. For federal-aid projects off the National
Highway System, local agencies may adopt their own Quality Assurance Program used for transportation
projects not utilizing federal-aid funds, or adopt the Caltrans QAP. Caltrans will not process a Request
for Authorization for Construction without verification of an adopted CAP
D. PROJECT CLOSE OUT PHASE
1. Prepare a list of items to be completed and/or corrected by the Contractor for final completion of the
Project.
2. Coordinate submittal of contractor maintained as-built information to the design engineer for
preparation of as-built drawings. .
3. Conduct a final walk-through with Agency, Contractor, and design engineer.
4. Assist Agency and Contractor in obtaining final release of all Project permits.
5. Coordinate any maintenance and training for the project.
6. Prepare final construction reports including the Project Completion Report.
7. Deliver to Agency Project files.
END OF EXHIBIT "A"
Page 7 of 7, Exhibit"A" 3 Z
Scope of Services
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0, Compensation:
Section 2.5 Cost Principles. 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 allowability of cost individual items. Consultant also agrees to
comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments. Any
costs for which payment has been made to Consultant that are determined by subsequent
audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by Consultant to the City.
Add the following to Section 2.0, Compensation:
Section 2.6 General Compliance with Laws and Wage Rates. Consultant warrants
that its cost proposal, approved by City and identified on the Schedule of Compensation as set
forth in Exhibit "C", complies with all federal, state and local laws and ordinances applicable to
the work, including compliance with prevailing wage rates and their payment in accordance
with California Labor Code, Section 1770 and 1775.
Add the following to Section 4.0, Coordination of Work:
Section 4.5 Subcontracting. Any subcontracts or contractual arrangements
("subcontracts") between the Consultants and other parties ("subcontractors") entered into in
the performance of this Agreement to which the City is not named shall include all applicable
provisions of this Agreement and the Consultant shall require that its subcontractors thereby
comply with all such applicable provisions.
Add the following two paragraphs to Section 7.5, Audit and Inspection of Records:
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title
21, California Code of Federal Regulations, Chapter 21, Section 2500 et seq., when applicable
and other matters connected with the performance of the contract pursuant to Government
Code 8546.7; the Consultant, subcontractors, and the City shall maintain 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 contract. 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, the State Auditor, City, FHWA, or any duly authorized representative of the federal
government shall have access to any books, records, and documents of the Consultant that
are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
Any dispute concerning a question of fact arising under an interim or post audit of this contract
that is not disposed of by agreement, shall be reviewed by the City's Chief Financial Officer.
Not later than 30 days after issuance of the final audit report, the Consultant may request a
review by the City's Chief Financial Officer of unresolved audit issues. The request for review
Page 1 of 8, Exhibit"B"
Special Requirements 32
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
will be submitted in writing. Neither the pendency of a dispute nor its consideration by the City
will excuse the Consultant from full and timely performance, in accordance with the terms of
this contract.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.9 Covenant Against Contingent Fees. The Consultant warrants, by
execution of this contract that no person or selling agency has been employed, or retained, to
solicit or secure this contract upon an agreement or understanding, for a commission,
percentage, brokerage, or contingent fee, except bona fide employees, or bona fide
established commercial or selling agencies maintained by the Consultant for the purpose of
securing business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its
discretion to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.10 Patent Rights. This agreement includes herein by reference applicable
patent rights provisions described in 41 CFR 1-91 regarding rights to inventions.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.11 Endorsement. The responsible consultant/engineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by him/her, and where
appropriate, indicate his/her California registration number.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.12 Disadvantaged Business Enterprise (DBE) Requirements.
The Agency has established a DBE goal for this Contract of 3.84 %.
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small
business concern owned and controlled by a socially and economically disadvantaged
person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or
Consultant.
• The term "Small Business" r" B" i fin CFR 2 o S s as defined in 4 9 C 6.65.
Page 2 of 8, Exhibit"B"
Special Requirements 33
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Contracts financed in whole or in part with federal funds (See 49 CFR
26, "Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs"). The Consultant must ensure that
DBEs and other small businesses have the opportunity to participate in the
performance of the work that is the subject of this solicitation and should take all
necessary and reasonable steps for this assurance. The proposer must not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE
Commitment must be included in the Request for Proposal. In order for a proposer to be
considered responsible and responsive, the proposer must make good faith efforts to meet
the goal established for the contract. If the goal is not met, the proposer must document
adequate good faith efforts. All DBE participation will be counted towards the contract goal;
therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included with the Request for
Proposal. Even if no DBE participation will be reported, the successful proposer must
execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE program developed pursuant to the regulations.
Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to
document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own
forces.
2. The proposer will meet the goal through work performed by DBE subconsultants,
suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the
goal.
Page 3 of 8, Exhibit"B"
Special Requirements 34
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
D. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing,
and supervising the work with its own forces. The DBE joint venture partner must share
in the capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is,
a DBE firm must be responsible for the execution of a distinct element of the work and
must carry out its responsibility by actually performing, managing and supervising the
work.
F. The proposer shall list only one subconsultant for each portion of work as defined in
their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of
subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the
Contract toward the DBE participation except that portion of the work to be performed
by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies
participating in the CUCP. If you believe a firm is certified that cannot be located on the
database, please contact the Caltrans Office of Certification toll free number 1-866-810-
6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business
and Economic Opportunity Web site at: hftp://www.dot.ca.gov/hq/bep/.
1. Click on the link in the left menu titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of
the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE
GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent
of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or
maintains a factory, or establishment that produces on the premises the materials,
supplies, articles, or equipment required under the Contract and of the general
character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of
the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates
or maintains a store, warehouse, or other establishment in which the materials,
Page 4 of 8, Exhibit"B"
Special Requirements 39
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
supplies, articles or equipment of the general character described by the specifications
and required under the Contract are bought, kept in stock, and regularly sold or leased
to the public in the usual course of business. To be a DBE regular dealer, the firm must
be an established, regular business that engages, as its principal business and under its
own name, in the purchase and sale or lease of the products in question. A person may
be a DBE regular dealer in such bulk items as petroleum products, steel, cement,
gravel, stone or asphalt without owning, operating or maintaining a place of business
provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment shall be, by a long-term
lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers,
brokers, manufacturers' representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a
regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
services.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.13 National Labor Relations Board Certification.
In accordance with Public Contract Code Section 10296, the 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 the Consultant within the immediately preceding two-
year period, because of the Consultant's failure to comply with an order of a federal court that
orders the Consultant to comply with an order of the National Labor Relations Board.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.14 Statement of Compliance.
The Consultant's signature affixed herein, and dated, shall constitute a certification under
penalty of perjury under the laws of the State of California that the Consultant has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section 8103.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.15 Debarment and Suspension Certificate.
The Consultant's signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California that the Consultant has complied with Title 49,
Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies
Page 5 of 8, Exhibit"B"
Special Requirements 36
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
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.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.16 Conflict of Interest.
The Consultant shall disclose any financial, business, or other relationship with City that may
have an impact upon the outcome of this contract, or any ensuring City construction project.
The Consultant shall also list current clients who may have a financial interest in the outcome
of this contract, or any ensuing City construction project, which will follow.
The 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.
Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all
of the provisions of this Article.
The Consultant hereby certifies that neither Consultant, nor any firm affiliated with the
Consultant will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this contract. An affiliated firm is one
which is subject to the control of the same persons through joint-ownership, or otherwise.
Except for subcontractors whose services are limited to providing surveying or materials
testing information, no subcontractor who has provided design services in connection with this
contract shall be eligible to bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.17 Rebates. Kickbacks or Other Unlawful Consideration.
The Consultant warrants that this contract 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.
Add the Following to Section 10.0, Miscellaneous Provisions:
Page 6 of 8, Exhibit"B"
Special Requirements 37
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
Section 10.18 Prohibition of Expending Local Agency State or Federal Funds for
Lobbying.
The Consultant certifies to the best of its knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by or
on behalf of the 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.
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 of 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; the Consultant shall complete and submit Standard Form-LLL "Disclosure Form
to Report Lobbying," in accordance with its instructions.
This certification is a material representation of the 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, US 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.
The Consultant also agrees by signing this document that it 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.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.19 Equipment Purchase Provisions.
Prior authorization in writing by the City shall be required before the Consultant enters into any
unbudgeted purchase order or subcontract exceeding $5,000 for supplies, equipment, or
Consultant services. The Consultant shall provide an evaluation of the necessity or desirability
of incurring such costs. For purchase of any item, service or consulting work not covered in
the Consultant's Cost Proposal and exceeding $5,000 three competitive quotations must be
submitted with the request, or the absence of bidding must be adequately justified.
Any equipment purchased as a result of this contract is subject to the following: "The
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property
Page 7 of 8, Exhibit"B"
Special Requirements 38
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "B"
SPECIAL REQUIREMENTS (Continued. . .)
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, the City shall
receive a proper refund or credit at the conclusion of the contract, or if the contract is
terminated, the Consultant may either keep the equipment and credit the 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 the City in an amount
equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall
be determined at the 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
the City and the Consultant, if it is determined to sell the equipment, the terms and conditions
of such sale must be approved in advance by the City."
All subcontracts in excess $25,000 shall contain the above provisions.
END OF EXHIBIT "B"
Page 8 of 8, Exhibit"B" 3 9
Special Requirements
Bogert Trail Bridge Rehabilitation, CP 07-03
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Consultanmt 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
Consultant 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 Consultant'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.
CONSTRUCTION MANAGEMENT SERVICES
Task Description Cost
Pre-Construction Meeting $3,920
Project Administration $73,600
Construction Coordination $54,400
Construction Inspection, PW/Structural/Bridge $135,200
Materials Testing and Inspection $50,582
Managing Contract Cost Accounting System $18,400
Maintaining Project Files and Documentation $38,800
Labor Compliance $9,400
Cost and Schedule $23,600
Contract Change Orders and Claims $15,000
Safety Program $15,000
Quality Assurance Program $15,000
Project Close-Out $31,200
TOTAL $484,102
END OF EXHIBIT "C"
Page 1 of 1,Exhibit"C"
Schedule of Compensation 40
Bogert Trail Bridge Rehabilitation,CP 07-03
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Consultant hereby mutually agree that the nature of the scope of services associated
with this Contract, and the requirement to coordinate and obtain approvals by other agencies,
including but not limited to Caltrans and FHWA, may cause the term of this Contract to exceed
initial project schedule estimates. The term of this Contract shall automatically extend until
such time as required approvals are obtained and all services identified in Exhibit "A" are
completed.
The Consultant's schedule of performance is 160 working days from the actual Notice to
Proceed (NTP) date indicated in the City's letter to Consultant following approval of this
agreement by the City Council.
END OF EXHIBIT "D"
Page 1 of 1, Exhibit"D"
Schedule of Performance
Bogert Trail Bridge Rehabilitation,CP 07-03
41
EXHIBIT "F"
CONTRACT FORMS
(FOLLOWS THIS PAGE)
42
Exhibit 10-F Certification of Consultant, Commissions & Fees
I HEREBY CERTIFY that I am the and duly authorized
representative of the firm of whose address is
and that, except as hereby
expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person(other than a bona fide employee working solely for me or the
above consultant) to solicit or secure this contract; nor
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract; nor
(c) paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee
working solely for me or the above consultant) any fee, contribution, donation, or consideration
of any kind, for or in connection with, procuring or carrying out this contract.
I acknowledge that this Certificate is to be made available to the California Department of
Transportation (Caltrans) in connection with this contract involving participation of federal-aid highway
funds, and is subject to applicable state and federal laws, both criminal and civil.
(Date) (Signature)
43
Exhibit 10-K Consultant Certification of Contract Costs and Financial Management System
(Note:If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of
DLA-OB I3-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at
httn://www.dotea.zovlha/LocalProuramsIDLA OB/DLA OB.htm in lieu of this form.)
Certification of Final Indirect Costs:
Consultant Firm Name:
Indirect Cost Rate: Date of Proposal Preparation(mm/dd/yyyy):
Fiscal Period Covered for Indirect Cost Rate Developed (mm/dd/yyyy to mm/dd/yyyy):
Contract Number: Project Number:
I,the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
1. All costs included in this proposal to establish final indirect cost rates are allowable in accordance
with the cost principles of the Federal Acquisition Regulations (FAR)of Title 48,Code of
Federal Regulations (CFR),Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR,Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
indirect cost rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management System:
I,the undersigned, certify to the best of my knowledge and belief that our financial management system meets the
standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title
49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E contracts:
I,the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies
is$ and the number of States in which the firm does business is
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31.Allowable direct costs to a Government contract shall be:
l. Compliant with Generally Accepted Accounting Principles (GAAP)and standards promulgated
by the Cost Accounting Standards Board(when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR,Chapter 1, Part 172—Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
44
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $
Prime Consultants(if applicable)
Proposed Total Contract Amount(or amount not to exceed if on-call contract): $
Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
*Consultant Certification Signature:
Consultant Certifying(Print Name and Title):
Name:
Title:
Consultant Contact Information:
Email:
Phone number:
Date of Certification(mn✓dd/yyyy):
*An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the indirect cost rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48
CFR, Part 31.
23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design
related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a
certification and send originals to A&I and keep copies in Local Agency Project Files.
Distribution: 1)Original to Caltrans Audits and Investigations
2)Retained in Local Agency Project Files
45
Exhibit 10-01 Consultant Proposal DBE Commitment
(Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1.Local Agency Name:
2.Project Location:
3.Project Description:
4.Consultant Name:
5.Contract DBE Goal%:
DBE Commitment Information
6.Description of Services to be Provided 7.DBE Finn 8.DBE Cert. 9.DBE%
Contact Information Number
Local Agencq t4 Complete this Section l 10.Total
%cla med
%
16.Local Agency Contract Number:
17.Federal-aid Project Number:
18.Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and the 11.Preparer's Signature
information on this form is complete and accurate:
12.Preparer's Name(Print)
19.Local Agency Representative Name(Print)
13.Preparer's Title
20.Local Agency Representative Signature 21.Date
14.Date 15.(Area Code)Tel.No.
22.Local Agency Representative Title 23.(Area Code)Tel.No.
Distribution: (I) Original—Consultant submits to local agency with proposal
(2) Copy—Local Agency files
46
INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT
Consultant Section
The Consultant shall:
1. Local Agency Name—Enter the name of the local or regional agency that is funding the contract.
g Y S S cY g
2. Project Location- Enter the project location as it appears on the project advertisement.
3. Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab,
Overlay,Widening,etc.).
4. Consultant Name-Enter the consultant's firm name.
5. Contract DBE Coal %- Enter the contract DBE goal percentage,as it was reported on the Exhibit 10-I Notice to Proposers
DBE Information form. See LAPM Chapter 10.
6. Description of Services to be Provided-Enter item of work description of services to be provided. Indicate all work to be
performed by DBEs including work performed by the prime consultant's own forces,if the prime is a DBE. If 100%of the item
is not to be performed or fumished by the DBE,describe the exact portion to be performed or furnished by the DBE.See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
7. DBE Firm Contact Information -Enter the name and telephone number of all DBE subcontracted consultants.Also,enter the
prime consultant's name and telephone number,if the prime is a DBE.
8. DBE Cert.Number-Enter the DBEs Certification Identification Number.All DBEs must be certified on the date bids are
opened.(DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
9. DBE%-Percent participation of work to be performed or service provided by a DBE.Include the prime consultant if the prime
is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
10. Total%Claimed—Enter the total DBE participation claimed. If the Total%Claimed is less than item"6.Contract DBE Goal",
an adequately documented Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the
LAPM).
11. Preparer's Signature—The person completing this section of the form for the consultant's firm must sign their name.
12. Preparer's Name(Print)—Clearly enter the name of the person signing this section of the form for the consultant.
13. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant.
14. Date-Enter the date this section of the form is signed by the preparer.
15. (Area Code)Tel.No.- Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
The Local Agency representative shall:
16. Local Agency Contract Number-Enter the Local Agency Contract Number.
17. Federal-Aid Project Number-Enter the Federal-Aid Project Number.
18. Contract Execution Date-Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10,page 23.
19. Local Agency Representative Name(Print)-Clearly enter the name of the person completing this section.
20. Local Agency Representative Signature-The person completing this section of the form for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
21. Date-Enter the date the Local Agency Representative signs the form.
22. Local Agency Representative Title-Enter the position/title of the person signing this section of the form.
23. (Area Code)Tel.No.-Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
47
Exhibit 10-02 Consultant Contract DBE Information
(Inclusive of all DBEs listed at contract award.Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1.Local Agency Name:
2.Project Location:
3.Project Description:
4.Total Contract Award Amount: $
5.Consultant Name:
6.Contract DBE Goal%:
7.Total Dollar Amount for all Subconsultants:$
8.Total Number of all Subconsultants:
Award DBE/DBE Information
9.Description of Services to be Provided 10.DBE/DBE Finn 11.DBE Cent. 12.DBE Dollar
Contact Information Number Amount
T 6c&1 A9kftcy to Complete thus S0 01t 13.Total
Dollars
20.Local Agency Contract Number: claimed $
21.Federal-aid Project Number:
14.Total
22.Contract Execution Date: ^O1a',row
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
�..........
a k.a
23.Local Agency Representative Name(Print)
24.Local Agency Representative Signature 25.Date
26.Local Agency Representative Title 27.(Area Code)Tel,No. 15.Preparer's Signature
16.Preparer's Name(Print)
Caltrans to Complete thh a$t*4inn
Caltrans District Local Assistance Engineer(DEAF)certifies that this form 17.Preparer's Title
has been reviewed for completeness:
18.Date 19.(Area Code)Tel.No.
28.DLAE Name(Print) 29.DLAE Signature 30.Date
Distribution: (1)Copy-Email a copy to the Caltrans District Local Assistance Engineer(DLAE)within 30 days of contract award.Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment.
(2)Copy-Include in award package sent to Caltrans DLAE
(3)Original-Local agency files
48
INSTRUCTIONS - CONSULTANT CONTRACT AWARD DBE INFORMATION
Consultant Section
The Consultant shall:
1. Local Agency Name-Enter the name of the local or regional agency that is funding the contract.
2. Project Location-Enter the project location as it appears on the project advertisement.
3. Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab,Seismic Rehab,
Overlay,Widening,etc).
4. Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant.
5. Consultant Name-Enter the consultant's firm name.
6. Contract DBE Goal %- Enter the contract DBE goal percentage,as it was reported on the Exhibit 10-1 Notice to Proposers
DBE Information form. See LAPM Chapter 10.
7. Total Dollar Amount for all Subconsultants-Enter the total dollar amount for all subcontracted consultants.SUM=(DBE's+
all Non-DBE's). Do not include the prime consultant information in this count.
8. Total number of all Subconsultants-Enter the total number of all subcontracted consultants.SUM=(DBE's+all Non-
DBE's).Do not include the prime consultant information in this count.
9. Description of Services to be Provided-Enter item of work description of services to be provided.Indicate all work to be
performed by DBEs including work performed by the prime consultant's own forces,if the prime is a DBE. If 100%of the item
is not to be performed or furnished by the DBE,describe the exact portion to be performed or famished by the DBE.See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. DBE Firm Contact Information-Enter the name and telephone number of all DBE subcontracted consultants.Also,enter the
prime consultant's name and telephone number,if the prime is a DBE.
11. DBE Cert.Number-Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are
opened.(DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
12. DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the
prime consultant if the prime is a DBE,and include DBEs that are not identified as subconsultants on the Exhibit 10-01
Consultant Proposal DBE Commitment form. See LAPM Chapter 9 for how to count full/partial participation.
13. Total Dollars Claimed-Enter the total dollar amounts for column 13.
14. Total%Claimed-Enter the total DBE participation claimed for column 13. SUM=(item"14.Total Participation Dollars
Claimed"divided by item"4.Total Contract Award Amount"). If the Total%Claimed is less than item`6.Contract DBE Goal",
an adequately documented Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the
LAPM).
15. Preparer's Signature-The person completing this section of the form for the consultant's firm must sign their name.
16. Preparer's Name(Print)-Clearly enter the name of the person signing this section of the form for the consultant.
17. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant.
18. Date-Enter the date this section of the form is signed by the preparer,
19. (Area Code)Tel.No.-Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local A2encv Section:
The Local Agency representative shall:
20. Local Agency Contract Number-Enter the Local Agency Contract Number.
21. Federal-Aid Project Number-Enter the Federal-Aid Project Number.
22. Contract Execution Date-Enter the date the contract was executed and Notice to Proceed issued.See LAPM Chapter 10,page
23.
23. Local Agency Representative Name(Print)-Clearly enter the name of the person completing this section.
24. Local Agency Representative Signature-The person completing this section of the form for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this forth is complete and accurate.
25. Date-Enter the date the Local Agency Representative signs the form.
26. Local Agency Representative Title-Enter the position/title of the person signing this section of the form.
27. (Area Code)Tel.No.-Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
Caltrans Section:
Caltrans District Local Assistance Engineer(DLAE)shall:
28. DLAE Name(Print)-Clearly enter the time of the DLAE.
29. DLAE Signature-DLAE must sign this section of the form to certify that it has been reviewed for completeness.
30. Date-Enter the date that the DLAE signs this section the form.
49
EXHIBIT 15-H DBE INFORMATION—GOOD FAITH EFFORTS
DBE INFORMATION-GOOD FAITH EFFORTS
Federal-aid Project No. Bid Opening Date
The (City/County of) established a Disadvantaged Business Enterprise(DBE)goal of %for this
project.The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith
efforts. Bidders should submit the following information even if the"Local Agency Bidder DBE Commitment" form
indicates that the bidder has met the DBE goal.This will protect the bidder's eligibility for award of the contract if the
administering agency determines that the bidder failed to meet the goal for various reasons, e.g.,a DBE firm was not certified
at bid opening,or the bidder made a mathematical error.
Submittal of only the"Local Agency Bidder DBE Commitment"form may not provide sufficient documentation to
demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled"Submission of DBE Commitment"of the Special Provisions:
A. The names and dates of each publication in which a request for DBE participation for this project
was placed by the bidder(please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and
the dates and methods used for following up initial solicitations to determine with certainty
whether the DBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations, etc.):
Names of DBEs Solicited Date of Initial Follow Up Methods and Dates
Solicitation
5n
C. The items of work which the bidder made available to DBE firms including, where appropriate,
any breaking down of the contract work items (including those items normally performed by the
bidder with its own forces) into economically feasible units to facilitate DBE participation. It is
the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was
made available to DBE firms.
Items of Work Bidder Normally Breakdown of Amount Percentage
Performs Item Items M Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's
rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the
firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection
of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any
technical assistance or information related to the plans, specifications and requirements for the
work which was provided to DBEs:
51
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or
related assistance or services, excluding supplies and equipment the DBE subcontractor
purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if
necessary):
NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
52