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Cq�1Fa0 R�,p CITY COUNCIL STAFF REPORT
MAY 3, 2006 CONSENT CALENDAR
;Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH
ENGINEERING RESOURCES OF SOURTHERN CALIFORNIA, INC.,
FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL
20C AND LATERAL 20CA PROJECT, CITY PROJECT 05-20
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City Council approved funding for various flood control improvements as part of the
2005/2006 Capital Improvement Plan. The proposed Contract Services Agreement with
Engineering Resources of Southern California, Inc., will provide the City with the civil
Engineering design services necessary to complete the construction documents (plans,
specifications, and estimate) for this project.
RECOMMENDATION:
1) Adopt Minute Order No. "APPROVING AGREEMENT NO. WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., IN THE
AMOUNT OF $295,480 FOR THE PALM SPRINGS STORM DRAIN LINE 6A,
LINE 8, LATERAL 20C AND LATERAL 20CA PROJECT, CITY PROJECT NO.
05-20;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
As part of the 2005/2006 Capital Improvement Plan, City Council budgeted $1,025,000
for construction of Palm Springs Storm Drain Line 6A and Line 8. Prior Capital
Improvement Plans were approved budgeting funds for construction of Palm Springs
Storm Drain Lateral 20C. Lateral 20CA is a developer funded project, to extend storm
• drain facilities in Baristo Road to accept runoff from the Agua Palm Springs project (also
known as "156 @ Tahquitz", Tentative Tract Map 33341).
Item No. 2 . n .
City Council Staff Report
May 3, 2006 - Page 2
PS Storm Drain Line 6A, 8 and Laterals 20C, 20CA— Engineering Resources Contract
Staff prepared a Request for Proposals (RFP) for civil engineering design services to
solicit consultants for this project. The RFP was published and made available to firms
through the City's Division of Procurement and Contracting, and by the November 18,
2005, deadline, proposals from the following firms were received:
APA Engineering, Inc.; Laguna Hills, CA
B&A, Inc., Beverly Hills, CA
DMC Design Group, Inc.; Corona, CA
Dudek &Associates, Inc.; Palm Desert, CA
Engineering Resources of Southern California, Inc.; Hemet, CA
HDR Engineering, Inc.; Lake Forest, CA
Hall & Foreman, Inc.; Rancho Cucamonga, CA
P&D Consultants; Orange, CA
Parsons Brinckerhoff; San Bernardino, CA
Following review of the proposals by a Selection Committee, the Selection Committee
rnade a final selection of Engineering Resources of Southern California, Inc. The
determination was based on the firm's experience with the design of flood control
improvement projects coordinated by the Riverside County Flood Control District, and
familiarity with the City's Master Drainage Plan.
Engineering staff reviewed the selected consultant's original scope and fee proposal,
which proposed an original contract fee of $421,790. Contract negotiation meetings
were held, and the contract scope and fee were discussed and refined. Engineering
staff were successful in decreasing the consultant's original contract fee by $126,310 to
the currently recommended contract amount of $295,480.
Furthermore, Engineering staff has encountered delays with other design contracts, with
delivery of expected designs and construction documents postponed or otherwise
delayed by the consultant. Standard contract agreement provisions with professional
engineers and architects exclude liquidated damages or other means of requiring timely
delivery of expected design and construction documents. Therefore, with this contract,
engineering staff required the selected consultant to agree to a new contract provision
implementing liquidated damages for the consultant's failure to meet its own
performance schedule. The recommended provision for liquidated damages states:
7.7 Liquidated Damages. Since the determination of actual damages
for delay in performance of this Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement, where
no extension or other amendment has been made to this Agreement or
the schedule and where the delay has resulted solely from the lack of
performance by Contractor, the Contractor shall be liable for and shall pay
to the City the sum of: $50.00 per day as liquidated damages for each of
the first ten (10) working days Contractor's performance is completed
after the scheduled completion date; $75.00 per day as liquidated
City Council Staff Report
May 3, 2006 - Page 3
PS Storm Drain Line 6A, 8 and Laterals 20C, 20CA— Engineering Resources Contract
damages for each of the next ten (10) working days Contractor's
performance is completed after the scheduled completion date; and
$100.00 per day as liquidated damages for each working day thereafter
that Contractor's performance is completed after the scheduled completion
date. The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
The Engineering Department has prepared the recommended contract services
agreement, which provides the City with complete civil engineering design services for
this project. Following completion of the services of this contract, staff will be provided
with full construction documents (plans, specifications, and estimate) for construction of
the various flood control improvements. ////,
FISCAL IMPACT: IFinance Director Review:
Sufficient funds are available in accounts 135-4371-55007,135-43705-55009, and 135-
4371-55010.
David J. Barakian Thomas J. Wil n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready ''
City Manager
ATTACHMENTS:
't. Agreement
2. Minute Order
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
PALM SPRINGS STORM DRAIN LINE 6A, LINE 8,AND LATERAL 20C AND LATERAL 20CA
City Project 05-20
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered
into this day of , 2006, by and between the City of Palm Springs,
a California charter city, (herein "City") and Engineering Resources of Southern California,
Inc., (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 bythis reference,which services may be referred to herein
as the "services" or "work" hereunder. As a material inducement to the City entering into this
Agreement, Contractor represents and warrants that Contractor is a provider of first class work
and services and Contractor is experienced in performing the work and services contemplated
herein and, in light of such status and experience, 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 sole cost
and expense such licenses,permits and approvals as maybe required by lawforthe 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 Contractor's performance of the services required
by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,
assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a)has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed and (c)fully understands the
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facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at anytime 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 in 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 Two Hundred Ninety-Five Thousand Four Hundred Eighty Dollars
($295,480.00) (herein "Contract Sum"), except as provided in Section 1,8. The method of
compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance
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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 bythe Contract Officer
in advance, and no other expenses and only if specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contractor at all project meetings reasonably
deemed necessary by the City; Contractor shall not be entitled to any additional compensation
for attending said meetings. 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 (1s`) 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(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires,earthquakes,floods, epidemics,quarantine restrictions,riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10) days of the commencement of such delay notify the Contract
Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Contractor's sole remedy being extension of
the Agreement pursuant to this Section.
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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 "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Matt Brudin
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
shaill 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
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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 anyway or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at 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 as additional insured in
accordance with standard ISO additional insured endorsementform CG2010(1185)or equivalent
language.
(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 peroccurrence basis with a single limit liability in the amount of$1,000,000 bodilyand
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 'B".
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All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. 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 Contractor's 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 orwillful 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 are 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
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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, Contractorshall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City, 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 Suretv. 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 's Key Rating Guide or in the Federal Register, unless
such requirements are waived bythe City Manageror designee of the City Manager due to unique
circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement create 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.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books
and records as shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three (3)years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.
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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. 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 Contractorfor 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 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. Contractor covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party
shalll notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10)days of service of such notice and completes the
cure:of such default within forty-five (45)days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with
the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein shall limit
City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment
of which may be in dispute hereunder or which are necessary to compensate City for any losses,
costs, liabilities, or damages suffered by City, and (H) all amounts for which City may be liable to
third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
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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 Contractorto insure, indemnify, and protect Cityas elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for delay in
performance of this Agreement would be extrernely difficult or impractical to determine in the
event of a breach of this Agreement, where no extension or other amendment has been made
to this Agreement or the schedule and where the delay has resulted solely frorn the lack of
performance by Contractor,the Contractor shall be liable for and shall pay to the City the sum of:
$50.00 per day as liquidated damages for each of the first ten (10) working days Contractor's
performance is completed after the scheduled completion date; $75.00 per day as liquidated
damages for each of the next ten(10)working days Contractor's performance is completed after
the scheduled completion date; and$100.00 per day as liquidated damages for each working day
thereafter that Contractor's performance is completed after the scheduled completion date. 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, 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 as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
-9-
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 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 maybe 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-IiabilityofCity 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 orsegregation 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
-10-
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. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
anyand all previous negotiations,arrangements,agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder unless the invalid provision is so 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 FOLLOWING PAGE)
_11-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS, a municipal
corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVIZTO FORM:
By: (I
City Attorney
CONTRACTOR: Engineering Resources of Southern California, Inc.
Check one:_Individual_Partnership f Corporation_Other(Specify)
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following:Chairman of the Board,President or one of the following:Secretary, Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of I State of
County of )as County of Iss
On On
before me, before me,
personally appeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
,satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seat. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal Notary Seal
-12-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS,
a California charter city
ATTEST:
By; By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Engi Bring Resources of Southern California, Inc.
id al P�artnersh�ip ,I Corporation_Other(Spa fffQ�y)
Che k one: Inz
Ely: CJ By: V
Sig ature(notarized) Signature tarized)
Name: John M. Brudin, P.E. Name: Michael J. Stearns, P.E.
Title: President Title: Secretary
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following:Chairman of the Board,President or one of the following:Secretary,Chief Financial Officer or
any Vice President) any Assistant Treasurer)
Stateof California ) State ofCalifornia )
CountyofRiverside Iss County of Riverside )as
Oil March 31, 2006 on March 31 , 2006
before me, Brenda Sue Visser, Notary Publimeforeme, Brenda Sue Visser, Notary Public
personally appeared John M. Brudin personally appeared Michael J. Stearns
personally known to me (4Ft$m4;e9HIssxeac ]hec personally known to me poK�ro3[ed?cYoxmxxzx$hbasi6Xaf
X�f cG�c�i4dE9i to be the persori whose name(30 is/ac9K to be the person($)whose name*j is/Jim
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/abjftt% executed the same in his/_keg/(k_tk authorized he/shames executed the same in his/karktheic authorized
capacitypo)6 and that by his/MarAheic signatures on the capacit*o* and that by hiskmAbliea" signatm'elA on the
instrument the perso*),or the entity upon behalf of which the instrument the persorir4 or the entity upon behalf of which the
person(s)acted,executed the instrument. person(,i acted,executed the instrument.
WITNESS my hand and official seal. 'O WITNESS my hand and official-s al.
Notary Signature: r Notary Signature! e- x
Notary Seal Notary Seal
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W**VPUb0a•Ca/fonfla _ Rfventde County
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-12-
EXHIBIT "A"
SCOPE OF SERVICES
GENERAL SCOPE — The intent of this contract is to provide the City with engineering design
services to accomplish the construction of regional flood control facilities identified as "Line 6A"
in Sunrise Way, from Vista Chino to Via Escuela (approximately one-quarter mile), consisting of
42" diameter RCP storm drain, catch basins, connector pipes and appurtenances; identified as
"Line 8"in Sunrise Way, from the Baristo Channel to Tahquitz Canyon Way(approximately 3,350
feet) consisting of: 1,150 feet of 12' wide by 4' high RCB storm drain; 900 feet of 84" diameter
RCP storm drain; 1,300 feet of 81"diameter RCP storm drain; catch basins, connector pipes and
appurtenances; "Line 8" in Sunrise Way, from Tahquitz Canyon Way to Andreas Road
(approximately one-eighth mile) consisting of 660 feet of 66" diameter RCP storm drain, catch
basins, connector pipes and appurtenances; "Lateral 20C" in El Cielo Road, from Ramon Road
to Baristo Road (approximately one-quarter mile) consisting of 75" diameter RCP storm drain,
catch basins, connector pipes and appurtenances; and "Lateral 20CA" in Baristo Road, from El
Cielo Road to Compadre Road (approximately one-quarter mile) consisting of 660 feet of 45"
diameter RCP storm drain; 660 feet of 39" diameter RCP storm drain; catch basins, connector
pipes and appurtenances. The Scope of Services as detailed herein shall provide the City with
complete engineering plans,specifications and estimates(PS&E)approved through the Riverside
County Flood Control and Water Conservation District (RCFC) with which to facilitate future
construction of the desired improvements.
PHASE I - PRELIMINARY DESIGN
Task 1.1 - Record Data
Contractor shall compile record data related to the development of flood control projects within
public rights-of-way. The data to be acquired includes existing master plan hydrology, recorded
tract and parcel maps, easements, record drawings for street and utility improvements, record
drawings for existing master plan drains and channels, record drawings for local storm drain
improvements and private development grading plans,traffic signal plans and other data that may
affect the development of the proposed flood control facilities, such as tributary runoff from
adjacent properties and streets, soil transport from vacant parcels, etc.
Task 1.2 - Mapping
Using record maps, easements and right-of-way documents acquired during the collection of the
record data, Contractor shall develop a basis of bearing and existing right-of-way map for each
of the proposed flood control projects. Using this data, Contractor shall prepare topographic
surveys of the proposed alignments for vertical and horizontal control of the construction
document package, with a special eye toward focusing on contour of the adjacent properties and
existing culture. Accepted City benchmarks will also be established for vertical control of the
project, and the individual reaches of the project will be tied into a consistent vertical control
daturn. Above ground culture will include adjacent property topography, curb and gutter, cross
gutters, utility appurtenances, power poles, signal poles, detector loops, vaults, structures, and
other items that may interfere with the proposed storm drain alignment or be destroyed or
impacted during construction.
Design topography will be developed at a scale of 1 inch equals 20 feet with a one foot contour
intervals. Topographic mapping will be completed under the guidelines of the Riverside County
Flood Control District.
-13-
EXHIBIT "A"
SCOPE OF SERVICES
Task 1.3- Hydrology
Using Master Plan hydrology acquired from the Flood Control District, Contractor shall determine
design flows for the proposed flood control improvements at critical points along the alignments
within Sunrise Way, El Cielo Road and Baristo Road. Design flows will be determined using Area
Ratio Calculations outlined in the Los Angeles County Flood Control District Hydraulic Design
Manual.
Task 1.4 - Preliminary Design
Contractor shall prepare preliminary horizontal and vertical design for the proposed flood control
improvements within each alignment in Sunrise Way, El Cielo Road and Baristo Road. The
horizontal and vertical alignments will be based on record data, topography and mapping
compiled during previous tasks. This includes the preparation of preliminary plan and profile
drawings (approximately 35 percent complete) in accordance with current design and drafting
guidelines of the Riverside County Flood Control and Water Conservation District.
Preliminary hydraulic calculations for the proposed flood control improvements shall be prepared
for each alignment in Sunrise Way, El Cielo Road and Baristo Road. The preliminary calculations
will give consideration to concentrated discharges from developed or improved land and
uncontrolled flows leaving undeveloped or unimproved vacant land, flows at street intersections,
junctions with other local and regional facilities, outlet structures and the hydraulics of the
proposed flood control facilities at the downstream and upstream end of the project.
Task 1.5- Engineer's Report
Contractor shall prepare a report outlining the outcome and recommendations of the proposed
analysis. The report will provide written dialog on the intent of the study, including methods,
criteria, existing facilities' descriptions, hydrology calculations, hydrology map, preliminary
hydraulic calculations, preliminary plan and profile for the proposed flood control improvements,
design mitigation and a description of any necessary rights-of-way.
Task 1.6 - Processing
Contractor shall submit and process the Engineer's Report for the proposed flood control
improvements within Sunrise Way, El Cielo Road and Baristo Road. The Engineer's Report will
be submitted to the Riverside County Flood Control and Water Conservation District for formal
review. All data and reports provided to the Flood Control District will also be provided to the City
of Palm Springs as information.
Task 1.7-Agency Coordination
Contractor shall attend meetings, as noted, with the public agencies affected by the proposed
project, including:
1. The Riverside County Flood Control and Water Conservation District; and,
2. The City of Palm Springs.
Additional coordination meetings will be held with utility companies that are impacted by the
proposed storm drain improvements. The intent of these meetings is to inform the various utilities
of any relocation requirements for determining relocation costs and scheduling and to obtain
comments and permit criteria from the resource agencies.
-14-
EXHIBIT "A"
SCOPE OF SERVICES
PHASE II — FINAL ENGINEERING
Task ZI - Geotechnical Engineering
Contractor shall prepare a geotechnical evaluation of the various storm drain alignments within
Sunrise Way, El Cielo Road and Baristo Road. Subsurface evaluations will consist of advancing
and logging approximately 16 small diameter borings to a depth of approximately 10 feet below
the pipe invert,or approximately 20 to 30 feet below the existing surface. Boring logs will provide
specific detail related to the thickness of existing pavement and base material and the type and
condition of subsurface soils. Based on the subsurface evaluation and subsequent analysis, the
report will provide conclusions and recommendation for foundation excavation and treatment,
backfill characteristics, trench wall stability, sand equivalent values, soil density, expansive soils,
shriinking and subsidence, corrosion protection, compaction, trench shoring and pavement
recycling.
Based upon the field and laboratory investigation, a Geotechnical Report will be developed
providing the geotechnical engineer's conclusions and engineering recommendations to be
applied to the design of the proposed flood control improvements.
Task 2.2-Potholing
After acceptance of the preliminary alignment for each storm drain, available as-built plans will
be obtained from the utilities to identify potential crossings and conflicts with subsurface utilities.
Once the key critical crossings and conflicts have been identified and marked in the field,
Contractor shall locate existing subsurface utilities by potholing. Based on a preliminary review
of plans made available from City of Palm Springs files, potential areas of crossings and conflicts
have: been identified for the purpose of scoping this task in the proposal. However, once
alignments and utility locations have been more accurately identified for design purposes,thefinal
number of pothole surveys will be quantified. For this proposal, an estimated number of potholes
have: been allocated to each storm drain line as follows
Line 6A: 8
Line 8: 28
Lateral 20C: 6
Lateral 20CA: 4
The actual number of potholes necessary to properly identify existing utilities may vary depending
on final utility research and the preferred storm drain alignments; a contract amendment will be
processed in the event a greater number of potholes is necessary.
After field survey personnel acquire the horizontal location, the utility data will be used to verify
the location, size and type of facilities shown on the plan sheets. Vertical data will be used to plot
the utilities in profile and aide in the design of the vertical location of the storm drain and laterals
as the construction drawings advance to 75 percent complete. Once the profile has been
developed and various options have been evaluated, utility conflicts will be identified and
summarized in a matrix giving the street name, storm drain station and type and size of utility
impacted by the proposed storm.
-15-
EXHIBIT "A"
SCOPE OF SERVICES
Plans showing utility conflicts identified as noted above will be provided to the City of Palm
Springs, in addition to the utility company whose facilities require modification or relocation. This
will constitute the second utility notification. Subsequent notifications will be forwarded to affected
utilities with the 95 percent complete and final submittals.
Task 2.3 - Plans, Specifications and Estimates
Based upon the approved preliminary design, Contractor shall prepare contract documents for
the proposed flood control improvements meeting the requirements of the Riverside County Flood
Control and Water Conservation District along the following alignments:
Line 6A: Sunrise Way from Vista Chino to Via Escuela
Line 8: Sunrise Way from the Baristo Channel to Tahquitz Canyon Way
Line 8: Sunrise Way from Tahquitz Canyon Way to Andreas Road
Lateral 20C: El Cielo Road from Ramon Road to Baristo Road
Lateral 20CA: Baristo Road from El Cielo to Compadre Road
Improvement plans will be prepared at a scale of 1-inch equals 20-feet and will include a Title
sheet, plan and profile sheets and detail sheets for inlet and outlet grading, hydraulic structures
and spillway sections. Specifications accompanying the construction drawings will also be
prepared per the requirements of the Riverside County Flood Control and Water Conservation
District as augmented by the City of Palm Springs boiler plate, format and criteria. This task is
limited to the preparation of Special Conditions (Section 10) and Bid Sheets. The final
specification package will be assembled by the City of Palm Springs.
Task 2.4 - Storm Water Pollution Prevention Plan
The Regional Water Quality Control Board currently requires notification of construction activity
for public works projects that normally require coverage under the SWRCB Construction Activity
Permit (General Construction Permit). As this project will exceed the five-acre threshold (as
calculated underthe linear permit criteria), a Storm Water Pollution Prevention Plan(SWPPP)will
be prepared for use by the contractor during construction. The SWPPP will be developed per the
State Storm WaterQuality Handbook, 2003 edition,to develop consistent BMP programs meeting
both state and local NPDES requirements.
Structural and non-structural best management practices to be employed during construction will
focus on the potential discharge of sediments and pollutants from the construction zone.
Therefore, the plan will provide suggested measures for controlling erosion on excavated
surfaces, transport of sediment from on and offsite areas, and containment from construction
waste and contractors maintenance activities.
Task 2.5 - Fugitive Dust(PM-10) Control Plan
Under the current Coachella Valley dust control ordinances, a Fugitive Dust Control Plan may be
necessary to provide guidelines to the contractor for PM-10 dust control methods and
requirements during construction. The necessary documentation for this component of the
contract plans and specification package will be completed in conformance with the guidelines
provided by the City of Palm Springs.
-16-
EXHIBIT "A"
SCOPE OF SERVICES
Task 2.6 - Processing
Construction drawings and specifications will be submitted to the Riverside County Flood Control
and Water Conservation District for review and comment at 75, 95 percent complete. Upon
approval of the final design, Contractor shall provide one(1)set of signed and sealed mylars, one
(1) bound copy of the project specifications and one (1) camera read copy for reproduction, and
one (1) set of construction cost estimates.
Each submittal will include hydraulic calculations, structural calculations, cost estimate backup
and other support calculations as deemed necessary.
Task 2.7-Agency Coordination
Contractor shall attend meetings, as noted, with the public agencies affected by the proposed
project, including:
1. The Riverside County Flood Control and Water Conservation District; and,
2. The City of Palm Springs.
Additional coordination meetings will be held with utility companies and resource agencies that
are impacted by the proposed storm drain improvements. The intent of these meetings is to
inform the various utilities of any relocation requirements and determine relocation cost and
schedule and obtain any final mitigation requirements for construction from the resource agencies.
PHASE III — POST DESIGN SERVICES
Task 3.1 - Construction Phase Support
As required, Contractor shall work closely with the City of Palm Springs to respond to all bid
inquiries and questions relating to the plans and specifications during the bid period. During
construction, Contractor shall be ready to support the City and their inspector, to be available to
respond to "Request for Information" as needed during the entire length of the project, and to
provide clarification and support to the City's Project Administrator and Project Inspector as
needed.
Once; the project is complete, Contractor shall coordinate with City and Riverside County Flood
Control and Water Conservation District inspectors to compile a "record" or "as-built" set of
drawings for approval by the District. Hand drawn permanent revisions will then be made on the
original approved set of construction drawings for archival purposes at the District's office.
END OF EXHIBIT "A"
-17-
EXHIBIT "B"
SPECIAL REQUIREMENTS
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required:
Professional Errors and Omissions Insurance. A policy of Professional Errors and
Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00)
per claim and in the aggregate with respect to loss arising from the actions of the
Contractor performing professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is deleted.
END OF EXHIBIT' "B"
_is_
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rats
portions thereof noted below,to a maximum of 75%of the lump sum task item fee until completion of such
task item. Each request for payment shall contain Contractor's statement of the work or tasks completed
or portion performed, with supporting documentation. The determination of payment due shall be made
based upon the reasonable judgement of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING
Task 1.1, Record Data $2,540.00
Task 1.2, Mapping $52,060.00
Task 1.3, Hydrology $5,460.00
Task 1.4, Preliminary Design
Line 6A $6,560.00
Line 8 (Baristo Channel to Tahquitz Canyon Way) $12,440.00
Line 8 (Tahquitz Canyon Way to Andreas Road) $2,720.00
Lateral 20C $8,350.00
Lateral 20CA $5,020.00
Task 1.5, Engineering Report $7,680.00
Task 1.6, Processing $2,900.00
Task 1.7, Agency Coordination $2 260.00
Phase 1 Subtotal $107,990.00
PHASE 2 -FINAL ENGINEERING
Task 2.1, Geotechnical Engineering $19,940.00
Task 2.2, Potholing
Coordination & Survey $9,490.00
Saf-R-Dig Potholes (46 @ $850 each) $39,100.00
Task.2.3, Plans, Specifications and Estimates
Line 6A $15,040.00
Line 8 (Baristo Channel to Tahquitz Canyon Way) $29,720.00
Line 8 (Tahquitz Canyon Way to Andreas Road) $4,000.00
Lateral 20C $20,140.00
Lateral 20CA $11,220.00
Specifications $6,000.00
Estimates $3,820.00
Task 2.4, Storm Water Pollution Prevention Plan $6,000.00
Task 2.5, Fugitive Dust (PM-10) Control Plan $5,400.00
Task 2.6, Processing $2,260.00
Task 2 7 Agency Coordination $3 980.00
Phase 2 Subtotal $176,110.00
PHASE 3 - POST DESIGN SERVICES
Task 3 1 Construction Phase Support $7 380.00
Phase 3 Subtotal $7,380.00
Reimburseables (not to exceed) $4,000.00
Grand Total of Contract $295,480.00
END OF EXHIBIT "C"
-19-
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Contractor 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, 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.
For the purposes of this contract,the Contractor's initial Project Schedule,submitted with its Work
Proposal(dated November 18, 2005)shall be incorporated herein by reference,except that dates
shall be revised by Contractor to update the Project Schedule to reflect the date of the "Notice to
Proceed" issued by the City. All other dates shall be revised accordingly. The revised Project
Schedule shall be submitted to the City for review and approval at the initial "kick-off' meeting, at
which time it shall be incorporated herein by reference.
END OF EXHIBIT "D"
-20-
MINUTE ORDER NO.
APPROVING AGREEMENT NO. WITH
ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC., IN THE AMOUNT OF $295,480
FOR THE PALM SPRINGS STORM DRAIN LINE 6A,
LINE 8, LATERAL 20C AND LATERAL 20CA
PROJECT, CITY PROJECT NO. 05-20
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving Agreement No. with Engineering Resources of
Southern California, Inc., in the amount of $295,480 for the Palm Springs Storm
Drain Line 6A, Line 8, Lateral 20C and Lateral 20CA Project, City Project No. 05-
20, was adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 3rd day of May, 2006.
James Thompson, City Clerk