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HomeMy WebLinkAbout05525 - WEC CORPORATION CONSTR ENGINEERING/PROJECT ADMIN GENE AUTRY TRAIL WIDENING CP 02-03 Page 1 of 1 Kathie Hart From: Dave Barakian Sent: June 20, 2012 9:47 PM To: Kathie Hart Subject: RE: GAT Widening Project CP 02-03-A5525 WEC Corporation Q Project is complete V David Barakian �}J Director of Public Works/City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8253 x8732 From: Kathie Hart Sent: Wednesday, June 20, 2012 5:46 PM To: Carrie Rovney Cc: Dave Barakian; Jay Thompson; Tabitha Richards Subject: GAT Widening Project CP 02-03 - A5525 WEC Corporation Has this project been completed? If YES, may I close the file? If no, I will pursue updating their insurance. FYI - They have not been responsive to the letters requesting current insurance certificates. The most recent certificate expired October 2010. Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way A (760)322-8332 Palm Springs,CA 92262 ®Kathie.Hart@PalmSpringsCA qo Please note that City Hall is open 8 a.m, to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 06/21/12 AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5525 WITH WEC ENGINEERING CORPORATION GENE AUTRY TRAIL WIDENING, CP#02-03 The following articles of Agreement No. 5525 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Four Hundred Fifty Thousand Five Hundred Six Dollars ($450,506.00). SCHEDULE OF COMPENSATION (Exhibit "C") - Please see attached sheet. Purchase Order Number(s): 816389 Agreement Number: 5525 Original City Council Approval: July 25, 2007 Original Resolution Number: 22009 Original Contract Amount: $ 339,856 Amount of Previous Increase(s) $ 76,070 Amount of This Increase $ 34,580 Amended Total: $ 450,506 Account Number(s): 134-4497-50217 134-4498-50217 SIGNATURES ON LAST PAGE EXHIBIT C is replaced with the following exhibit: Payment for services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis, as follows: Project Senior Manager/ Construction Office Soils/Materials Laboratory Total Total Resident Inspector Engineer Technician Manager Hours Cost Engineer Task Description $160,00 $115.00 $78.00 $105.00 $165.00 1 Pre-Construction Services 24 12 28 4 0 68 $7,824 2 Construction Services 552 1560 864 588 54 3618 $405,762 3 Post-Construction Services 40 120 40 0 0 200 $23,320 Total Hours/Costs 616 1692 932 592 54 2852 Professional Fees $98,560 $194,580 $72,696 $62,160 $8,910 $436,906 Reimbursable Expenses $600 Laboratory Testing Costs $13,000 GRAND TOTAL OF CONTRACT(NOT TO EXCEED) $450,506 The City reserves the right to re-allocate hours between the tasks, to address changes to services required during the progress of the work, including increases to task amounts, provided, the total not to exceed amount is not exceeded. Fees include all reimbursable expenses, unless as otherwise specifically shown. Reimbursable expenses only apply to costs associated with initial office and file set-up, and the pre-construction photo survey. All other reimbursable expenses are included in the hourly rates indicated above. Laboratory testing costs shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing. Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses. F r Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. 5525 remain in full force and effect. ATTEST- CITY OF PALM SPRINGS, a California charter city City Clerk /! Zed By, V`�� City Manager �� APPROVED AS TO FORM: Qt(t� APPR&ED BY CITY CDUNCiL (2�� Pftffl BY CITY tom„ pJr City Attorneul Nn��r 11 J �•�.C�S � CONTRACTOR: Check one:_Individual_Partnership_Corporation � n'^^ / � p��.•l�� Corporations require two notarized signatures, One signature must be from the Chairman of Boa�dY•YP1reVsident,lo`Jy r any Vice President.The second signatu -must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Off By: By: NotarizeIl Signature of Chairman of Board, Ntayized Signature Secretary,Asst Secretary, President or any Vice President Tre0 rer,Asst treasurer or Chief Financial Officer Name: �Ei�2�'✓^ Name: ` �._.?�G"T 1a \AL ZC 42 Title: « Title: �a"rC�_ rtdaS�c�2rtiy State of t State of l County of County of Iss J On before me. On before me, cY personally appeared personally appeared who proved to me on the basis of satisfactory evid ce) to be the person(s) who proved to me on the ba of satisfactory evidence)to be whose name(s) is/are subscribed o the within instrument and d the person(s) whose na s) is/are subscribed to the within acknowledged to me that he/ a/they executed the same in instrument and ackn ledged to me that he/she/they his/her/their authorized rapa (ies), and that by his/her/their executed the same is/her/their authorized Capaaty(ies), signatures)on the rostrum t the person(s),or the entity upon and that by hislh their signature(s) on the instrument the behalf of which the perso (s)acted,executed the instrument. pers/execu entity upon behalf of which the person(s) C� actethe instrument. I certify under PEN OF PERJURY under the laws of the State of Californi hat the foregoing paragraph is true and 1 ceENALTY OF PERJURY under the laws of the correct. Statnia that the foregoing paragraph is true and co ect. WITNESS hand and official seal. WITNESS my hand and official seal. Notary Signature: No ry Signature: Notary Seal: otary Seal: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County of Orange pn i ZOo� before mo, Edna M..Ramirez, Notary Public personally appeared (Lxc1L _KlZG-t)ZCjZ- who proved to me on the basis of satisfactory evidence to be the person((,] whose name/arc subscribed to the within instrument and acknowledged to me that ze he/they cxccuLed the sarue in h her/fheu authorized capacily(K5), and that by his/her/their signatureK on the inStt-utnen.L the person the entity upon behalfo.f• which the person) ac((ed, executed the insttumenL- [ certify under PENALTY OF PERJURY undez the laws . L EDNq M.RAMIREZ Y Commission# 1685a98 gg of the State of Cali foTnia that the foregoing paragraph is Notary public-Cdllfvrgfa g Line alld CDPCCL't. Orange county My Comm-Expires Aug 1.2010 WITNESS my band and official scat. Signature OPTIONAL Description of Attached Document Title or Type of Document: _ �( ri�,- �'10. a- to C rr 1 tct��Q U c eco Q �yy�. Z Document Uate:_ �LL ZOO& Numbcrof Pages: 3 8igner(s) Other Titan Named Abovc: d� Capacity(ics) Claimed by Signer(s) Signer's Nanic: P_(C_c_ Signcr'sNarne: 0 Individual ❑ Individual llri.orporatc Office - Title(s):� �a p�N i ❑ Corporate Officer - Ti tle(s):_ ❑ Partner- ❑Limited ❑ General ❑ Partner - ❑f.,imited ❑ General ❑ Attorney in Fact ❑ Attorney in Pact Ll Trustee O Trustee ❑ Guardian or Coltservator ❑ Guardima or Conservator ❑ Other: ❑ Other: _ Sj&lcr is Represcnting:_ c Signer is Rrpresentillg:_ F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Counly of Orange On C3 iq 15 2C' before me, Edna Nl. Ramirez, Notary Public personally appcarcdjoutl L& rO CL r—L, who proved to me on the basis of satisfactory evidence to whose n �/`s anteks /arc subscribed to the be the persoyf within instrument and acknowledged to me that 0—she/they executed the satire authorized capacity), and that by(I L�ier/their signal_ure(4 oa the instrument the person(K , or, the entity upon behalf of which the persoy acted, executed the instrument. EPNA M.RAMIREZ / r Commission* 7685498 1 certify under PENALTY OF PERJURYunder the laws -m c y g Notary public-California of the State of California that the foregoing paragraph is Orange County i~ y rue and correct. My Comm.Expires Aug l,201 D WITNLSS my hand and official seal. Signature` e( � 01-V IONII L Description of Attached Document Title or Type ofl7ocurnent:(�NiGLFt��ivU� �10. a f� L�71Gtcf tL-« Cl��c�re f'7 , Document Date: /y, 424�,c). Number of Pages: 3 Signcr(s) Other Than Named Abovc: Caipacity(ics) Claimed by Signer(s) Signer's Name te—C _ I]- LVc_-elCc.V Signer's Name:_ ❑ Individual CI Individual ,,J2"Corporate Office - Title(,,;): Vt ee In �£`f ❑ Corporate Officer - Title(s): CI Partner - ❑Limited ❑ General ❑ Partner- ❑I,irnited 0 General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trtiistee C] Trustee 11 Guardian or Conservator D Guardian or Conservator ❑ Other:_ C] Other: Signer is Representing: _ — Signer is I�cpresenting: AMENDMENT NO, 1 TO CONTRACT SERVICES AGREEMENT NO. 5525 WITH WEC ENGINEERING CORPORATION GENE AUTRY TRAIL WIDENING, CP#02-03 The following articles of Agreement No. 5525 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Four Hundred Fifteen Thousand Nine Hundred Twenty-Six Dollars ($415,926.00). SCHEDULE OF COMPENSATION Exhibit"C" - Please see attached sheet. Purchase Order Num ber(s): 816389 Agreement Number: 5525 Original City Council Approval: July 25, 2007 Original Resolution Number: 22009 Original Contract Amount: $ 339,856 Amount of Previous Increase(s) $ 0 Amount of This Increase $ 76,070 Amended Total: $ 415,926 Account Number(s): 134-4497-50217 134-4498-50217 SIGNATURES ON LAST PAGE EXHIBIT C is replaced with the following exhibit: Payment for services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis,as follows: Project Senior Manager/ Office Soils/Materials Laboratory Total Total Resident Construction Engineer Technician Manager Hours Cast Engineer Inspector Task Description $150.00 $115.00 $78.00 $105.00 $165,00 1 Pre-Construction Services 24 12 28 4 0 68 $7,824 2 Construction Services 528 1480 704 508 50 3270 $371,182 3 Post-Construction Services 40 120 40 0 0 200 $23,320 Total Hours/Costs 592 1612 772 512 50 2852 Professional Fees $94,720 $185,380 $60,216 $53,760 $8,250 $402,326 Reimbursable Expenses $600 Laboratory Testing Costs $13,00o I GRAND TOTAL OF CONTRACT(NOT TO EXCEED) $415,926 The City reserves the right to re-allocate hours between the tasks, to address changes to services required during the progress of the work, including increases to task amounts, provided, the total not to exceed amount is not exceeded. Fees include all reimbursable expenses, unless as otherwise specifically shown. i 1 Reimbursable expenses only apply to costs associated with initial office and file set-up, and the pre-construction photo survey. All other reimbursable expenses i are included in the hourly rates indicated above. ) Laboratory testing costs shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing. I Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses. M Y r Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 5525 remain in full force and effect. _ ATTEST: CITY OF PALM SPRINGS, a California charter city/ -_ city clerk .L-5 I we B f City Marieg � APPROVE A TO FORM: APPROVED BY CITY COUNCIL B. 4-1cli �orney CONTRACTOR: Check one _Individual—Partnership_Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board President,or any Vice President.The second signature must be from the Secretary,Assistant Secretary Treasurer,Assistant Trea For,or Chief Financial Ofi� � , By By. a��� Notaflzi iK t of heirman of Board, N?�arized Signature Secr ,Asst Secretary, President oa�Vice President Treasurer,Asst tre25urer Or Chief Financial Officer Name, IRb1 R. SNYDER Name JEANNNEE STIRPAT Title VICE PRIlESTDIItI'I' Title SEQ� ARY State of CALTFORNTA 1 Slate of CALIFORN.IA)I County of LOS P.NG s CountyofLCS n=4as On N)P22H 12, 2008 before me. On 3/12/081before me, BONNIE K' YOUNG, NCTAR PUJBLiC BONNIE K. VCUNG. NOTARY PUBLIC Personally **jEAM--E STSRRe1Ty=** appeared peisV� ,fly *,. appeared who proved to me IRA R. SNYDER on the basis of satisfactory evidence) to he the person(s) who proved to me on the basis of satisfactory evidence)to be whose name(s)islare subscribed to the within instrument and the perSon(s) whose name(s) islare subscribed to the within acknowledged to me that he/She/they executed the same in instrument and acknowledged to me that hefshelthey his/her/lheif authorized rapacily(ies), and that by his/her/their executed the same in his/herhheir authorized mpaciry(ies), signature(s)on the instrument the person(s),or the entity upon and that by hlsmerhheir slgnature(s) on the Instrument the behalf of which the person(s)acted,executed the instrument, 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 i5 true and I certify under PENALTY OF PERJURY under the laws of the correct. Stale of California that the foregoing paragr is true and correct. WITNESS my hand and official seal. WITNESS my hand and off ial seal - f Notary Signature: Notary Signature Notary Seal Notary SealZo : v BONNIE K. YOUNG BONNIE K.YOUNG Commission#I 1702028 COmml{tlon #F 170202A Notary Public -California L otary Public -Collfarnia Los Anp�ms County Los Anp�ln County _ MyCamnFIrrNwS,Z010 ' COM.E zNovS.2A10 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT CONSTRUCTION ENGINEERING/PROJECT ADMINISTRATION GENE AUTRY TRAIL WIDENING City Project 02-03 A THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"), is made and entered into this day of \� � , 2007, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein"City")and WEC Corporation, (herein"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows' 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference,which services may be referred to herein as the"services"or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first Glass work and services and Contractor is experienced in performing the work and services contemplated herein and, in light Of Such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sale cost and expense such licenses, permits and approvals as may he required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractors performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor.has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's awn negligence. ND/0RAG;:�L7v �utiU 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent(5%) of the Contract Sum or$25,000,whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit"B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement,the provisions of Exhibit"B"shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding the maximum contract amount of Three Hundred Thirty-Nine Thousand Eight Hundred FittySix Dollars, ($339,856) (herein "Contract Sum"), except as provided in Section 1.8, The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only it specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates,that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of performance. Contractor shall commence the services pursuant to ' this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but not exceeding one hundred eighty (180)days cumulatively. 3.3 Force Maieure. The time period($) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officers determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit"E'). 4.O COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Scott D. Walker,P.E. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Contractor,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding,this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors")- Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE,INDMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sale cast and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof,the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs, its officers, employees and agents as additional insured, An additional Insured endorsement is required as evidence of such coverage. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes$1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance,will be specified in Exhibit"e". All of the above policies of insurance shall be primary insurance. (Reference section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractors activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees,who are directly responsible to the City,and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Raying Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager")due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate for the project being designed. 62 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7,0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 72 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third parry, the amount or validity of which is disputed by Contractor, or any indebtedness shalt exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7A Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other parry. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon,with or without cause, upon sixty (60) days'written notice to City, except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2, 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7,10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. i 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Seyerability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (SIGNATURES ON NEXT PAGES) IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first -written above. ciTy or PALM SPRINGS ATTEST: a municipal corporation BY C' Clerk _ City Manager APPROVED O FORM: APPROVED BY CITY COUNCIL City Attorne CONTRACTOR: WEC Corporation Check one:_Individual_Partnership,- Corporation 41-841 Beacon Hill,Suite A Palm Desert,CA 92211 (760)836-0555 Corporations require two notarized signatures, one from A and one from 8: A. Chairman of Board, President, or any vice President: and 8,Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer), 1 By: 4 -YZ7 Z9 07 By: Signature(notarized) t.`J V'.�L. �Signatur' rrmtari d_) Name. 5Cw T M7. Wai 1�.2� Name. yS��CF_ Title: .r7t.c.tz.e--rA% Title: Pi Address: 2-1 5'd7•.'>T1•}c -x__t Address: 2_1 $•71�77t1-rY7cyZ� _ (_f3.12.f7J1 P�� � CA7 cF?-&9 4 L}�". '' n: flpT°CC7 c4 /u,7 4 state of C hf-I rd Alyay State of CAL 1 rg A County of 0-1 Aaj C YSs county of Alq'1.7'f e' ss Ona� °%kt 7-6a"?_ before/, me, On �y UoO r bef e T/rAeG K12J7[lCr'^ n.reE`-'�turf me, 7ISO p• on !!11 j7 appeared p onally 11 qq appeared -to-mt'(or proved to me on the basis of satisfactory or proved to me on the basis of satisfactory evidence) to be the person whose name*@ao§, evidence) to be the person) whose name"/am( subscribed to th within instrument and acknowledged subscribed to the wi in instrument and acknowledged t me that 6e aWfl y executed the same in to a that h kKey executed the same in h rlthplr authorized capaeityQBaj; and that by /(Heir authorized capacity( and that by $ptr signature( on the instrument the a j18ir signature( on the instrument the son(,4, or the entity upon behalf of which the person(IQ, or the entity upon behalf of which the personM acted,executed the instrument, person( acted,executed the instrument. WITNESS my hand and official seal. WITH SS my hand and official seal. Notary Signature:)AAA- /�al 412ZIZ Notary Signature, Notary Seal: Notary Seal: R SARA KARACUSCHANSKY SARq KARACUSCHANSKY Commission$11637394 CommfssfOn A 7537394 NOiary PubIIC - Cdllfornla Notary Public -CaliforniaOrange County ` Orange County - �� `� My Comm ExolresJan19,2009f My Comm.Explres,lan 19,2009 ''-"'• EXHIBIT"A" SCOPE OF SERVICES General Scope: The intent of this contract is to provide complete, turn-key, construction engineering, materials testing and inspections, and project administration services, for the Gene Autry Trail Widening, City Project 02-03. This project involves the widening of Gene Autry Trail from Vista Chino to just south of the approach to the Union Pacific Railroad bridge. PRE-CONSTRUCTION SERVICES Services identified in the City's solicitation document(RFP)shall be provided,as follows: Plan Review—Review plans and specifications for consistency, actual and potential conflicts, and constructability issues. The review shall be conducted by a multi-disciplinary team familiar with all aspects of construction and contract administration of this type. Document all issues and conflicts identified during the review and provide recommendations to protect the City. Engineer's Meetings —Attend meetings with the City to discuss the scope of project, PS&E requirements, anticipated construction schedule, mitigation measures, project objectives, and issues identified during the plan review. Environmental Review — Review environmental documents and permits to ensure familiarity with mitigation and regulatory agency requirements, and develop a comprehensive schedule of all mitigation and permit requirements. File Review—Review project files, including quantity calculations; memorandums to Resident Engineer;geotechnical reports; hydraulic studies;discovery plans; etc. Services identified in the Contractor's Work Proposal (Scope of Services)shall be provided,as follows: Resident Engineer Manual — Review and compile project information with the project designer and other consultants; compile information concerning preferred involvement, consultant roles, right-of-way acquisitions, utilities, agreements, permits, licenses,financial,legal, environmental, reports, calculations, and any other pertinent facts. Initial Office and File Set-Up -- Coordinate and assemble all project information; establish project office and organizelestablish project files. Photo Survey — Perform an initial pre-construction photo survey and documentation of the existing conditions on both City and private property. Photo survey shall be used to protect the City's interest against claims outside the project limits and ensure the construction contractor replaces everything in kind that may be damaged as a result of the construction operations. Pre-Construction Meeting—Organize and coordinate a pre-construction conference with the construction contractor and sub-contractors, City staff, project designer, utility companies, and any other agencies required to attend. Prepare an outline for the pre-construction conference, reviewed and approved by the City. CONSTRUCTION SERVICES Services identified in the City's solicitation document(RFP)shall be provided,as follows: Coordination—Coordinate all administrative, inspection, and testing activities of the construction contract. Pre-construction Conference — Organize a preconstruction conference with the Contractor and sub-contractors to discuss the work involved, administrative matters, labor compliance, safety and accident prevention, answer questions from the contractors, and address issues that need to be resolved before work commences. Construction Meetings — Regularly scheduled coordination and status meetings to review project status and budget,- facilitate decision making; and discuss issues that have the potential of adversely affecting the project budget, schedule, EXHIBIT"A" SCOPE OF SERVICES (CONTINUED) or product. Contractor shall prepare meeting agenda in consultation with City project manager, distribute agenda prior to meeting, arrange for appropriate participants to attend, and distribute meeting notes for regular project status meetings and public meetings. Contract Documents — Interpret the intent of the plans and specifications to protect the City against defects and deficiencies on the part of the Contractor, and maintain the project budget and schedule. Labor Compliance— Perform labor compliance tasks, including verifying certified payrolls, subcontractor utilization, and labor interviews. Progress Reports— Prepare weekly and monthly progress reports and submit to the City. The reports will address the progress of the work, the project schedule, information/decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products, anticipated work for the following week and month, and should contain photographs documenting the progress of the work. Contract Change Orders — Prepare change orders in compliance with the specifications and City procedures for City's approval. Progress Payments—Analyze the construction contractor's initial schedule of values for reasonableness. Reconcile and document items of work in compliance with the specifications and prepare monthly progress payments in compliance with City procedures for City's approval. Project Schedule — Monitor and analyze construction contractors schedule for compliance with the specifications and permit requirements and windows. Project Budget — Monitor and analyze project expenditures, track earned value, forecast project costs, and develop strategies to keep project within budget. Contractor Proposals — Evaluate construction contractors cost-reduction proposals and provide recommendations to the City. Utility Coordination—Coordinate with the appropriate utility companies for work that affects its specific utility. Shop Drawings — Coordinate, document, and make engineering recommendations regarding shop drawings and their compliance with the plans and specifications for the City's and design engineer's approval. Project Submittals — Coordinate, document, and make engineering recommendations regarding submittals and their compliance with the plans and specifications for the City's, regulatory agency's or design engineer's approval. Materials Testing—Coordinate, conduct, interpret, and supervise all required soils and material tests in accordance with applicable standards. Surveying — Provide review and approval of construction contractor's construction surveying and staking to ensure adequacy and accuracy. Construction surveying and staking will be the responsibility of the Contractor. Construction Inspection — Provide complete daily inspection of the construction and the construction contractors operations, and prepare daily and weekly inspection documentation. Test Data — Review and make recommendations on manufacturer's shop or mill tests (or reports from independent testing laboratories) relative to materials, equipment, performance ratings, and concrete data as necessary to ensure conformance with the project specifications. Falsework—Provide engineering review and approval of construction contractors falsework drawing submittals. EXHIBIT"A" SCOPE OF SERVICES (CONTINUED) Traffic Control — Review and make recommendations regarding all traffic control proposals, and inspect construction contractors traffic control to ensure compliance with specifications and City standards. Safety — Conduct and document project safety meetings in accordance with the project requirements. Report all accidents, including property damage, and notify proper authorities. Document all incidents with photographs and written reports. Enforce Federal and State regulations for occupational safety and health standards for all construction activities. Environmental and Permits — Ensure that construction contractors operations are in conformance with all regulatory agency permits and environmental mitigations. • A Mitigated Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA). This document addresses the project's effects on the environment. A Mitigation and Monitoring Program was developed to reduce project impacts. • The following regulatory agency permits have been issued: 1. Department of Fish and Game Streambed Alteration Agreement The Department of Fish and Game issued a Streambed Alteration Agreement for the project pursuant to Fish and Game Code Section 1602.This agreement addresses impacts this project may cause to the Whitewater River- 2- US Army Corps of Engineers Section 404 Permit The U.S. Army Corps of Engineers (USACOE) issued an Individual Section 404 Permit pursuant to the Clean Water Act. This permit addresses the direct impact of 0.90 acres of Waters of the U.S. attributed to this project, located in the Whitewater River.This Federal permit contains special and general conditions to be followed during all phases of construction. 3. Regional Water Quality Control Board Water Quality Certification The Regional Water Quality Control Board issued a technically conditioned water quality certification. The certification has standard and additional conditions to be implemented which protect water quality parameters throughout all phases of construction. A Storm Water Pollution Prevention Plan (SWPPP) has been prepared by the Design Engineer and is included as part of the project specifications. 4. United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS) has issued a Programmatic Biological Opinion, dated September 23, 2004, Programmatic Biological Opinion for Five interchanges and Associated Arterial Improvement Projects along Interstate 10 and the Tiered Biological Opinion for the Palm Drive/Gene Autry Trail— Interstate 10 Interchange Improvement Project in Eastern Riverside County, California (1-6-04-F-3282.4;EA: 08- 455800), and has issued an Appended Biological Opinion, dated November 7, 2005, Appended Programmatic Biological Opinion for Five Interchange Improvements on Interstate 10 and Associated Arterial Improvements for the Tiered Date Palm Drive Interchange Project, the Date Palm Drive Arterial Streets Project, and the Palm Drive/Gene Autry Trail Arterial Streets Project in Eastern Riverside County, California (1-6-05-P3282, EA08- 455900, 455800). This project occurs within critical habitat for listed and endangered species. The Biological Opinions issued by USFWS have specific obligations to meet with regard to addressing and avoiding impacts to protected species. Public Information — Coordinate preparation of public information newsletters with the City's Public Information Officer on a quarterly basis, public notifications regarding changes in access, staging and lane closures as necessary. The newsletters and notifications will be printed and distributed by the City. EXHIBIT"A" SCOPE OF SERVICES ' (CONTINUED) i Claims Management—A separate task and an allowance determined by the Contractor should be included in the fee proposal to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor. Final Inspection — Make final inspection of all construction, and provide written documentation indicating conformance with the plans and specifications and approved change orders. Services identified in the Contractor's Work Proposal (Scope of Services) shall be provided, as follows: Project Administration—Provide administrative management and related services, as requested, to coordinate the work of the construction contractor with the activities and responsibilities of the resident engineer, the City, utility companies and design engineer. The resident engineer will administer the project using the CalTrans Construction Manual as a guideline. Construction And Progress Meetings—Schedule and conduct construction progress meetings with the contractor, the City, and design engineer. Prepare and promptly distribute minutes of these meetings. Progress Payments — Review monthly payment applications submitted by the construction contractor, determine whether the amount requested reflects the progress of the construction contractors work. prepare progress payment reports and submit to the City for approval prior to distribution to the construction contractor. The reports will contain the total construction contract amount, payments to date, current requested payment, retainage, and the amounts owed this pay period. Project Records — Maintain at the project site all correspondence, memoranda, contract documents, change orders, claims, City and engineer directives, meeting minutes, shop drawings, supplementary drawings, and request for payment. Contractor will also maintain a current list of names, addresses and telephone numbers of the construction contractors, subcontractors, and principle material suppliers associated with the projects. To aide in the organization and efficiency of the project records Contractor establishes a filing system using the CalTrans Construction Manual as a guideline. Construction Schedules— Review the construction contractor's baseline and monthly up dated schedules. Monitor the progress of the construction contractors work and compare on a continual basis how the overall project schedule is being affected. Notify the City immediately as to any events or conditions which may cause delays to the completion date of the project. Project Activity Summary Report— Prepare and submit to the City a monthly Project Activity Summary Report. This report will include a narrative of the current construction activites, project accomplishments, and status of the project budget and schedule. Quality Assurance— Determine that the work being performed by the construction contractor is in accordance with the requirements set forth in the City's Quality Assurance and Control Plan. Environmental Compliance— Notify the contracted environmental firm prior to disturbing or removing any contaminated material on the project. Schedule the environmental consultant onsite during these operations to ensure contract compliance at all times. Construction Coordination — The resident engineer on the project is responsible to act as a liaison between the construction contractor, City, neighboring cities, surveyors, material testers, design engineer, utility companies and other project consultants. The resident engineer will stay in direct contact with the City to supplying requested project information and support. The resident engineer will coordinate the implementation of the City approved changes with the design engineer. Utility Coordination — The resident engineer will coordinate all work with the utility companies for relocations, abandonments, and upgrade work. The resident engineer will ensure all work is scheduled and completed in a timely manner. EXHIBIT"A" SCOPE OF SERVICES (CONTINUED) Plan Reviews--All plans and specifications will be thoroughly reviewed prior to construction of any specific project task. If a conflict or opportunity is discovered upon the review the resident engineer will notify the design engineer immediately of the Findings. If the design engineer determines a change is necessary the resident engineer will assist in the implementation and processing of a contract change order. Shop Drawing Submittal And Review—The resident engineer will distribute and coordinate the review of shop drawings and requests for information with the design engineer. Storm Water Pollution Prevention & PM-10 Plans — The resident engineer will ensure a prompt submittal from the construction contractor for the storm water pollution prevention plan (SWPPP) and local PM-10 Plan. Once the SWPPP and PM-10 plans are approved the resident engineer w 11 cooperate with the monitoring agency in regard to inspections and field reviews. Contract Change Orders — The resident engineer will receive and evaluate the construction contractor's request for a change or substitution. Acceptable contract changes will be submitted to the City for approval and will be accompanied by the resident engineer's recommendation. The resident engineer will coordinate scope of requested change order with the design engineer. Upon the City's approval the resident engineer will negotiate and prepare appropriate contract change orders. All unnecessary change orders will be avoided. The preferred method of payment for City approved change orders are as follows: Agreed Lump Sum Adjustment in Compensation at Bid Item Price Adjustment in Compensation at Agreed Unit Price Time and Materials or Force Account Claims — The resident engineer will identify all potential claims, track and monitor unresolved claims and implement claims avoidance processes at all times. The resident engineer will assist the City, as requested, in the identification, resolution, and final disposition of claims filed by the construction contractor or third parties against the City or the project. Construction Inspection — The resident engineer will coordinate all required inspections necessary for the project, in accordance with CalTrans Standard Specifications and Plans, Work Area Traffic Control Handbook (WATCH), State of California Construction Safety Orders (CaIOSHA), and the Standard Specifications for Public Works Construction (Greenbook). Inspectors will be required to 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 and all applicable laws, codes and ordinances. Inspectors will prepare complete and accurate daily reports, calculations, project records, progress payment quantities, reports and correspondence related to the project activities. Health And Safety Program — The resident engineer will review the safety program developed by the contractor as required by the contract documents. Contractor shall maintain an awareness of safety and health requirements, and monitor the construction contractor's compliance with applicable regulations and contract provisions for the protection of the public and project personnel. Cost And Schedule—The resident engineer will be responsible for tracking and monitoring contract pay item quantities and payments, contract change orders, supplemental work items, agency furnished materials, contingency balance, and overall project budget. Safety — Necessary safety equipment and appropriate safety training will be provided to all field personnel. Contractor shall implement and conduct a comprehensive safety program, which includes biweekly "tail gate" safety meetings, and provide monthly status of safety reports. Permits—The resident engineer will insure that all necessary permits are obtained. The resident engineer will assist the City in the coordination,timely processing and verification of approval for all permits. EXHIBIT"A" SCOPE OF SERVICES (CONTINUED) POST-CONSTRUCTION SERVICES Services identified in the City's solicitation document(RFP)shall be provided,as follows: Project Closeout—The following documents shall be prepared and submitted to the City in accordance with applicable construction management and project administrative practices, such as a Final Detail Estimate, Change Order Summary, etc. As Built Plans — Coordinate preparation by the construction contractor one set of record drawings with "As built" corrections. The record drawings will be prepared on original, full-size mylars by the engineer responsible for the work. The as-built changes will be made by hand using black ink. Contract Records -- Provide the City with the original set of construction documents cataloged in accordance with applicable construction management and project administrative practices, including all documentation, correspondence, diaries, contract documents, labor compliance, etc. The documents are to be boxed in storage boxes supplied by the Contractor. Services identified in the Contractor's Work Proposal (Scope of Services) shall be provided, as follows: Punchlist — Contractor shall keep an active list of items which need to be completed or corrected by the construction contractor for final completion of the project. This list will need to be completed before the resident engineer will request a final payment from the City. Contractor shall also conduct the final walk through with the City, construction contractor, and design engineer after the puchlist items have been satisfactorily completed. As-Built Plans — Contractor shall collect and furnish as-built information to the design engineer for incorporation into the record drawings. Contractor shall also review the completeness and accuracy of the final record drawings. Project Completion — The resident engineer will prepare any necessary final construction reports, assist the City in obtaining final release of all project permits, and deliver to the City all project files. END EXHIBIT"A" EXHIBIT"B" SPECIAL REQUIREMENTS In conformance with Section 5.1 (d), "Additional Insurance", a policy of Professional Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence is required. If Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2)to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. The Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. Section 5.3, "Performance Bond", is hereby waived. Section 6.2, "Records", is hereby amended to require Contractor to deliver an original, or copy thereof, of all records used in the performance of professional services hereunder. EXHIBIT"C" SCHEDULE OF COMPENSATION Payment far services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis, as follows: Project Senior Manager/ Construction Office Soils/Materials Laboratory Total Total Resident Inspector Engineer Technician Manager Hours Cost Engineer Task DescNption $160.00 $115.00 $78.00 $105.00 $165.00 1 Pre-Construction Services 24 12 28 4 0 68 $7,824 2 Construction Services 480 1160 504 400 40 2564 $298,112 3 Post-Construction Services 40 120 40 0 0 200 $23,320 TotalHours/Costs 544 1292 572 404 40 2852 Professional Fees $87,040 $148,580 $44,616 $42,420 $6,600 $329,266 Reimbursable Expenses $600 Laboratory Testing Costs $10,000 GRAND TOTAL OF CONTRACT (NOT TO EXCEED) $339,860 The City reserves the right to re-allocate hours between the tasks, to address changes to services required during the progress of the work, including increases to task amounts, provided, the total not to exceed amount is not exceeded. Fees Include all reimbursable expenses, unless as otherwise specifically shown. Reimbursable expenses only apply to costs associated with initial office and file set-up, and the pre-construction photo survey. All other reimbursable expenses are included in the hourly rates indicated above. Laboratory testing casts shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing. Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses. EXHIBIT"D" SCHEDULE OF PERFORMANCE The Contractor shall commence work immediately upon Notice to Proceed from City. Services shall be provided in accordance with the Contractor's approved schedule for pre-construction services; services shall be provided in accordance with the approved construction Contractor's schedule for construction services; and services shall be provided in accordance with the Contractor's approved schedule for post-construction services. The term of this contract may exceed one year, as may be necessary to extend the term concurrently with the duration of the construction of City project No. 02-03.Any extensions of time for City Project No. 02-03 approved by the City shall be deemed an automatic extension of the term of this contract.