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05235 - DOKKEN ENGINEERING INDIAN CANYON WIDENING CP 01-25
Cindy Berardi From: Vonda Teed Sent: Monday, May 14, 2018 7:23 AM To: Cindy Berardi Cc: Tabitha Richards Subject: RE:A5235 Dokken Engr. Yes, Cindy, you may close the subject agreement. Vonda L.Teed / Engineering Secretary / J/ City of Palm Springs \ Engineering Services Department 760-323-8253 X8737 4ex tm riv ; CALIFOM2MIA Like no, Place else,' From: Cindy Berardi Sent: Tuesday, May 08, 2018 7:32 PM To: Tabitha Richards; Vonda Teed Subject: A5235 Dokken Engr. Something's wrong with my snipping tool, so I had to create an attachment instead of imbedding it in the email, so forgive me. Is it okay to close this one? Thank you. Cynthia A. Berardi, CIVIC Chief Deputy City Clerk City of Palm Springs P. O. Box 2743 Palm Springs, CA 92263 (760) 323-8204 t Page 1 of 2 ® DATE(MMIDDIYYYY) 'aCOREP CC-f&ATE OF LIABILITY INSC AE 05/26/2017 ��. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I/ CONTACT y�j�1 NAME: Willis of Illinois, Inc. �`� / ^ PHONE FAX c/o 26 Century Blvd /'� u7�O /�/`�' ! z 1-877-945-7378 A/C No: 1-888-467-2378 �T ! A6 I E-MAIL certificates@Will is.com P.O. Box 305191 J ADDRESS: Nashville, TN 372305191 USA A� CJ 3j�5 INSURERS AFFORDING COVERAGE NAIC# QV INSURERA• Travalars Property Casualty Company of America 25674 INSURED INSURER B: Travelers Indemnity Company 25658 Dokken Engineering, Inc. 110 Blue Ravine Road, Suite 200 INSURERC: Lloyd's B7874 Folsom, CA 95630 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W2349700 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE fHSD WVD POLICY NUMBER MM DDPOLICY LTR IYYYY MMIDDrAYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE FX7 OCCUR PREMISES(Ea occurrence) $ 1,000,000 A MED EXP(Any one person) $ 5,000 y N 680004J796716 05/31/2017 05/31/2018 PERSONAL B ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑JECT F7 LOC PRODUCTS-COMP/OP AGG I$ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED N N BA4J797774 05/31/2017 05/31/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per am!denl A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE N N CUP004J802819 05/31/2017 05/31/2018 AGGREGATE $ 5,000,000 DIED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA Y UB004J802198 05/31/2017 05/31/2018 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yas,describe under❑yS 1„000,000 CRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability N N FEI-AEP-10772 05/31/2017 05/31/2018 Per Claim: $2,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Ref: All Operations. The City of Palm Springs, its officers, employees and agents and Owner are named as Additional insureds for General Liability. General Liability policy shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs Engineering Department AUTHORIZED REPRESENTATIVE Attn: Kathie Bart 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SR Io+ 14629097 BATCH: 333577 • AGENCY CUSTOMER ID • LOC#: ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Illinois, Inc. Dokken Engineering, Inc. 110 Blue Ravine Road, Suite 200 POLICY NUMBER Folsom, CA 95630 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation, as permitted by law. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 14629097 BATCH: 333577 CERT: W2349700 Sabrina Kaye From: Kathie Hart Sent: Sunday, May 28, 2017 4:28 PM To: Cindy Berardi; Sabrina Kaye Subject: FW: Certificate of Insurance Requested for Dokken Engineering,Inc. Cert Number W2349700 [14629097] Attachments: Cityof Pal mSprings_W2349700.pdf /ra&.m Kathleen D. Hart, MMC Interim City Clerk aCITY OF PALM SPRINGS Like no place else to wot City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way L (760) 322-8332 Palm Springs,CA 92262 R Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. From: certificates@willis.com [mailto:certificates@willis.com] Sent: Friday, May 26, 2017 4:57 PM To: Kathie Hart; Vonda Teed Subject: Certificate of Insurance Requested for Dokken Engineering, Inc. Cert Number W2349700 [14629097] WILLIS CERTIFICATE CENTER Please see the enclosed document(s)provided by the Willis Certificate Center. We trust this issuance is in compliance with your needs. However, if you have any questions or wish to discuss it in any way, please do not hesitate to contact us during our hours of operation: 7:00 AM to 7:00 PM (CST). Thank you, Willis Certificate Center Phone: 877-945-7378 Fax: 888-467-2378 Email: certificates(cr�,willis.com Web: www.willis.com NOTE: DO NOT REMOVE IDENTIFYING INFO BELOW servicerequestid: 14629097 For information pertaining to Willis' email confidentiality and monitoring policy, usage restrictions, or for specific company registration and regulatory status information, please visit http://www.willis.com/email trailer.aspx We are now able to offer our clients an encrypted email capability for secure communication purposes. If you wish to take advantage of this service or learn more about it, please let me know or contact your Client Advocate for full details. —W67897 i AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 5235 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE WIDENING TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD BRIDGE (THROUGH THE WHITEWATER RIVER) CITY PROJECT NO. 01-25 FEDERAL PROJECT NO. STPLN-5282(023) The following articles of Agreement No. 5235 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Nine Hundred Seventy Thousand Three Hundred Twenty Three Dollars ($970,323.00). SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C" is amended as follows: "Phase 3 — Construction Services" is replaced with the attached "Phase 3 — Construction Services". Purchase Order Number(s): 616346 Agreement Number: 5235 Original City Council Approval: February 15, 2006 Original Contract Amount: $745,855 Amount of Prior Changes: $205,185 Amount of This Change: $ 19,283 Amended Total: $970,323 Account Number: 134-4497-50216; $19,283 SIGNATURES ON NEXT PAGE ORIGINAL ;L 03 AND/OR AGREEMENT Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 5235 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk o7/ /Zal City Manager APPROVED AS TO FORM: APPROVED BY CITY CLufJCii. By: i Cit§ATtorney CONSULTANT: DOKKEN ENGINEERING Check one:_Individual_Partnership X 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 Secre easurer,Assistant Treasurer,or Chief Financial Officer). By: By: / `� �' � By: Notarized Signature of Chairman of Board, Notar6ed Signat e S cretary,Asst Secretary, President or any Vice President Treasurer,Asst trellilkyrof or Chief Financial Officer Name: -+� �� �lp' w Name: Title: Title: Title: State of t&I,IyrrnrN = Stateof Ca�Xor�;a = County of SAC ray✓ 4L,=_as County of Saco nrvvLCtA+k -sS t On 6 lri IZ beforeme, CayvAM(' v\ Sc%&P On 015112 12. beforeme, C0Ll,^f'0.vt C0.de�v, personally appeared R ic!^A rc� j. L a p-FA le personally appeared C a+AA`:1 C to ca, ^ who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the perso%M whose name(s) is/are subscribed to the within the persons)whose name(e) isAm subscribed to the within instrument and acknowledged to me that he/sheM"y instrument and acknowledged to me that helshe/ihey- executed the same in his/her/their authorized capacity(ies), executed the same in his/hedtlwir authorized capacity0esJ7 and that by his/Aeftalr signatures)on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(*,, or the entity upon behalf of which the person(e} acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. A Notary Signature: Notary Signature: u Notary Seal: Notary Seal: CAMRAN SADEGNI CAMRAN SADEGHI COMM. #1945483 COMM. #1945483 = Notary Public-Califomia Ow Notary Public -California c ZSacramento Courtly = Sacramento County P 1Comm.Ex ires July 25.2015 Comm.Expires July 25,2015~ 04 EXHIBIT "C" SCHEDULE OF COMPENSATION PHASE 3-CONSTRUCTION SERVICES The following budgeted hours are based on a project schedule of 140 working days. Previous This Change Project Manager: (34 + 2) hours @ $200/hour= $ 6,800 + $ 400 = $7,200 Resident Engineer: (345+24) hours @ $150/hour= $51,750 + $ 3,600 = $55,350 Biologist: 92 hours @ $120/hour= $11,040 = $11,040 Inspector: (572+60) hours CO. $100/hour= $57,200 + $ 6,000 - $63,000 Subtotal-Construction Inspection: $136,790 + $10,000 = $136,790 Materials Testing: $ 30,000 + $9,283 = $39,283 Quality Assurance Testing: $10,000 $10,000 Labor Compliance: $18,000 Milk Veche Seed Collection & Dispersal: $ 2,500 $ 2,500 Design Support: $30,000 $30,000 Equipment/ Per Diem: $12,000 $12,000 Phase 3 Subtotal: $229,290 + $19,283 = $248,573 Grand Total of Contract $951,040 + $19,283 = $970,323 END OF EXHIBIT "C" 05 AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 5235 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE WIDENING TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD BRIDGE (THROUGH THE WHITEWATER RIVER) CITY PROJECT NO. 01-25 FEDERAL PROJECT NO. STPLN-5282(023) The following articles of Agreement No. 5235 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Nine Hundred Fifty-One Thousand Forty Dollars ($951,040.00). SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C' is amended as follows: "Phase 3 — Construction Services" is replaced with the attached "Phase 3 — Construction Services". Purchase Order Number(s): 616346 Agreement Number: 5235 Original City Council Approval: February 15, 2006 Original Contract Amount: $ 745,855 Amount of Prior Changes: $ 166,875 Amount of This Change: $ 38,310 Amended Total: $ 951,040 Account Number: 134-4497-50216; $38,310 SIGNATURES ON LAST PAGE Ai:�i R r,,G; Et37 EXHIBIT "C" SCHEDULE OF COMPENSATION PHASE 3—CONSTRUCTION SERVICES The following budgeted hours are based on a project schedule of 129 working days. Project Manager: 34 hours @ $200/ hour= $6,800 Resident Engineer: 345 hours @ 150/hour= $51,750 Biologist: 92 hours @ $120/hour= $11,040 Inspector: 572 hours @ $100/hour= $57,200 Subtotal—Construction Inspection: $126,790 Materials Testing: $30,000 Quality Assurance Testing: $10,000 Labor Compliance: $18,000 Milk Veche Seed Collection & Dispersal: $2,500 Design Support: $30,000 Equipment/ Per Diem: $12,000 Phase 3 Subtotal: $229,290 Grand Total of Contract $951,040 END OF EXHIBIT"C" Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 5235 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city 5��Cfty�Clerk +, .lot Z By: i City Manager APPROVED AS TO FORM: APPROVED BY CITY COUNCIL By; �^ City Att6 rney CONSULTANT: DOKKEN ENGINEERING Check one:_Individual_Partnership X 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, easurer,Assistant Tr ,asure Financial Officer). By: By: Notarized Signature of Chdiffnan of Board, Notar Signature 56&fkary,Asst Secretary, President or any Vice President TreasurerA"�sst�t/re�a-su(gerr o hief Financial Officer (/ Name: 7�.!�� T G`� ✓ Name: ` ct ' .f�"�I -�y01" Title:_ Title: `ter State of��1 State of �l County of C ncyl Q�Yi.Lvlt County ktLbf On �J 2 2 before me, ate/ 6 On 3/ eore men / .p 11 U personally appeared r .rA�T L(. 1fa k personally appeared _p'}rC.Nq 7— who c>+-f a K proved to me on the basis of satisfactoTdence)to be who proved to me on the basis of satisfactory evi nce)to be the person(s)whose name(s) istwe subscribed to the within the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my h d and officia seal. WITNESS my han official seal. �, ,,//J Notary Signatu "WGX0 Notary Signature: LCII�[o Notary Seal: Notary Seal: *OWNLVNNE M. CASTILLO fA4C L0 a011y COM�a�849m Sh NOWry CAIIFORNU T CALNOANIA _ SACR,AWNTO COUNTY 11Y SC�piR�E+wroWr li Y Carer.EXP.MAY 14,pl7 It , AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5235 WITH'DOKKEN ENGINEERING INDIAN CANYON DRIVE WIDENING TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD BRIDGE (THROUGH THE WHITEWATER RIVER) CITY PROJECT NO. 01-25 FEDERAL PROJECT NO. STPLN-5282(023) The following articles of Agreement No. 5235 are hereby amended to read as follows; Wherever in the Agreement the term "Contractor" is referred to shall be amended to refer to the term "Consultant". SECTION 2.1 Maximum contract amount is amended to Nine Hundred Twelve Thousand Seven Hundred Thirty Dollars ($912,730.00). SCOPE OF SERVICES (Exhibit"A")— Exhibit"A" is amended as follows; Add Phase 3 Construction Services. See the attached sheet. SCHEDULE OF COMPENSATION (Exhibit"C") Exhibit"C" is amended as follows: Add Phase 3—Construction Services, as identified on the attached Exhibit"C". SCHEDULE OF PERFORMANCE(Exhibit"D")—Exhibit"D" is amended as follows: The following shall be added: "Phase 3 shall be completed throughout the duration of construction." Purchase Order Number(s): 616346 Agreement Number: 5235 Original City Council Approval: February 15, 2006 Original Contract Amount: $ 745,855 Amount of Previous Decrease ($ 24,105) Amount of This Increase $ 190,980 Amended Total: $ 912,730 Account Number: 134-4497-50216; $190,980 SIGNATURES ON LAST PAGE ORIGINAL BID AND/OR AGREEMENT Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. 5235 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk $ City Manager APPROVED AS TO FORM: s - APPROVED BY CITY COUNCIL City Attorneic A Ak TA CONSULTANT: DOKKEN ENGINEERING Check one:_Individual_Partnership, X 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 Treasurer,or Chief Financial Officer). By: By: Notarized Signature orChWrman of Board, Notarized Sign, ure S cretary,Asst Secretary, President or any Vice President Treasurer,Asst t asur r or Chief Financial Officer Name: � = ✓a �/l� Name: Title:y� � � Title: State of 1 State of� 1a( 31?v J County of am�ss County of Olss On`Z ZA6fore me, X �1 \�J`'A On Vi%Zl before meb\00A Rqq� personally appeared �Djf�\ ) L4 personally appeared WAY who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within the person ]whose name'is/ subscribed to the within instrument and racknowledged;to me that he/she/they instrument and acknowledged to me that 4eWshe/94%- executed the same in his/her/their authorized capacity(ies), executed the same in 4vis/her/their authorized capacity4*, and that by his/her/their signature(s) on the instrument the and that by 1*/her/#"k signature(al on the instrument the person(s), or the entity upon behalf of which the person(s) personX, or the entity upon behalf of which the perso9K acted,executed the instrument. acted,executed the instrument. certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: Ciiws�ip�l t�tlFin ro NO"POW"0811111WIlift S�Icnrt�a Cert Gotlnm. e11<.IaNrr Q1 mrtr►, �fi i EXHIBIT 'dAyl SCOPE OF SERVICES Add "Phase 3 — Construction Services", as follows: General Scope Phase 3, Construction Services This proposed scope of work assumes that the duration of the construction project shall be 90 working days. Task 1, PROJECT MANAGEMENT Consultant shall organize and develop a Project Development Team (PDT). Members of the PDT shall include Consultant Construction Management Project Manager, Consultant Design-Project Manager, Sub-consultant as required and members of the City of Palm Springs. Task 1.1 Monthly PDT Meetings Consultant shall organize and conduct Monthly Progress Meetings with the PDT to discuss progress of construction project, issues to be resolved and action items to be addressed. Deliverable: , Consultant shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the meeting. Task 1.2 Monthly Progress Reports Consultant shall prepare progress reports to record the progress of the construction project. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues, a list of Contract Change Orders (CCO), a list of Notice of Potential Claims (NOPC) (if any), and schedule completion target dates. Deliverable: Consultant shall prepare monthly progress reports. Task 1.3 Quality Control Consultant shall review engineering report submittals by other consultants (materials testing, labor compliance, etc) to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with all appropriate standards. Exhibit A-Scope of Services Page 1 of 7 Task 2.0 QUALITY ASSURANCE INSPECTION Task 2.1 PRE-CONSTRUCTION SERVICES Task 2.1.1 Pre-Construction Meeting Consultant shall plan, coordinate, and run a pre-construction meeting. Tank 2.1.2 Pre-Construction Photo Documentation Consultant shall conduct pre-construction photo and video documentation of the existing conditions on the project site. Deliverable: Consultant shall provide the City with copies of all photos and video. Photos and video shall be also be made a permanent part of the construction records. Task 2.2 CONSTRUCTION SERVICES Consultant shall perform all inspection necessary for the project to assure contract compliance and Federal reimbursement as outlined in the Caltrans Local Assistance Procedures Manual. The following is a description of major aspects of this work: Deliverables: A copy of all deliverable items shall be kept in the contract files on site; • Baseline Schedule: Consultant shall review the baseline CPM schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. Consultant shall review monthly Baseline Schedule updates and verify accuracy. • Daily Inspection and Diaries: Consultant shall perform daily inspection of all Contractors' activities (as needed). All information shall be recorded on a daily diary form. This information shall include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor's personnel, conversations, conflicts and resolutions, and non-compliance (if necessary). • Daily Photo Log: Consultant shall make a daily photo log of the project (as needed). Issues of contract non-compliance and SWPPP violations shall be recorded and addressed. • Tracking Construction Materials: Consultant shall track Contractors' materials by certificate of compliance. • Submittal Review: Consultant shall receive, stamp with date received, and track all Contractors', subcontractors', and independent party submittals. A log shall be set up identifying submittal name, responsible party review party and=whether date was met. Submittals shall include but not be limited to; ➢ Contractor's equipment list Exhibit A—Scope of Services Page 2 of 7 1 ,1 ➢ SWPPP Mix Designs (Asphalt Concrete and Portland Cement Concrete) ➢ Materials to be used ➢ Shoring/Cofferdam Design ➢ Electrical Plan ➢ Traffic Control Plan Consultant's design staff shall be used to review shop plans where applicable. • Labor Compliance/Equal Employment Opportunity/Prevailing Wage/Disadvantaged Business Enterprise (DBE): Consultant shall enforce the contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity, Prevailing Wage, and Disadvantaged Business Enterprise according to the Local Assistance Procedures. This shall include preparing daily diaries (as needed) and recording workers names, classifications, work performed and hours worked on each task; receiving Contractors', Subcontractors', and equipment rental companies' certified payrolls on a weekly basis; and tracking work performed by DBE Subcontractors, hours of work performed and monthly progress payments that include work by DBE Subcontractors. • Storm Water Pollution Prevention Plan (SWPPP) Compliance: Consultant shall inspect the project site and monitor Contractor's compliance with Best Management Practices (BMP's) in accordance with Caltrans Storm Water Quality Handbooks. Consultant shall monitor the weather forecast during the storm season and ensure Contractor's compliance for pre-storm, storm event, and post storm requirements. Proper handling and storage of non-visible pollutants shall be enforced. • Request For Information (RFI): Consultant shall receive, record, review, and respond to all Contractor's Request For Information. Response times shall be determined and adhered to. Consultant's design engineers shall be utilized where applicable. • Change Requests/Contract Change Orders (CCO)/Transmittal Letters: Consultant shall receive, record, and review all Contractors' Requests for Changes. All requests shall be reviewed for merit. If change is warranted, Consultant shall assist in the creation of a Contract Change Order and Transmittal Letter according to Caltrans Contract Change Order Manual. Consultant shall receive City approval prior to submittal to Contractor. Consultant shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO worked performed in the previous month. • Coordinate Materials Testing and Inspection/Surveying Services: Consultant shall coordinate and monitor all materials testing services and construction surveying. It is assumed that the contractor shall be responsible for all construction surveying and staking. Consultant shall perform quality assurance surveying as needed. Materials testing reports shall.be reviewed and initialed by Consultant and maintained in the project files. • Ensure Compliance to Safety Regulations, Building Codes, City Ordinances: Consultant shall verify Contractor's compliance to applicable Construction Safety Orders. Violations shall be recorded and Contractor shall be requested to correct Exhibit A—Scope of Services Page 3 of 7 unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files. In appropriate situations the project shall be shut down until Contractor corrects safety violation(s). • Track Construction Quantities Daily/Weekly/Monthly: Consultant shall track construction quantities during each operation of work and record the amount and type of material placed. Certificates of Compliance or Release Tags shall be received for material used in construction to justify payment. • Prepare Monthly Progress Estimates: Consultant shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. Consultant's Resident Engineer and Inspector shall prepare supporting documents for each item of work to be paid. These documents shall include at a minimum, item to be paid, amount of item to.be paid, calculation of material placed, Certificates of Compliance or Release Tags, name of individual creating document, name of individual verifying document, and date. -A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. Monthly Progress Estimates shall include Contract Change Order Work. • Monitor Construction Costs: Consultant shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated on a monthly basis. Contingency balance shall be monitored and updated after each CCO or after each Monthly Progress Estimate. • Notice of Potential Claims (NOPC)/Claims Resolution: Consultant shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. Consultant shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, and fighting protests, potential claims, and claims. Proper documentation shall be created to establish a chain of events in the claims process. • Create and Ensure Compliance to Punchlists: Consultant shall create punchlists throughout the construction process after each item of work is complete.-Punchlists shall include items that need to be corrected or amended. Consultant shall meet with Contractor's personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the Weekly Construction Progress Meetings. Task 2.3 BIOLOGICAL MONITORING Consultant shall be responsible for overseeing compliance with protective measures for list species, as required by Appendix B, Environmental Commitment Record, of the Initial Study. This work shall include the collection and dispersal of milk veche seeds, as required by the United States Fish and Wildlife. Task 2.4 EMPLOYEE EDUCATION PROGRAM Consultant shall develop and administer an employee education program, as required by Appendix B, Environmental Commitment Record, of the Initial Study. Exhibit A-Scope of Services Page 4 of 7 Task 3.0 CONSTRUCTION MANAGEMENT SUPPORT Task 3.1 PRE-CONSTRUCTION SERVICES Task 3.1.1 Pre-Bid Meeting Consultant shall assist the City with scheduling and conducting a pre-bid meeting. Consultant shall assist City with advertising a pre-bid meeting in applicable newspapers and trade magazines. Deliverable: A Meeting Notice, Agenda and Sign-In Sheet shall be prepared for pre-bid meeting. Consultant shall provide meeting minutes to City within two days of meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall assist City in preparing addendum to contract plans, specifications, and estimate, if necessary. Task 3.1.2 Bid-Opening Meeting Consultant shall assist the City with scheduling and conducting a bid-opening meeting per the Caltrans Local Assistance Procedures Manual. Consultant shall assist City with advertising a bid-opening meeting in applicable newspapers and trade magazines. Deliverable: A Meeting Notice, an Agenda and Sign-In Sheet shall be prepared for bid opening meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall provide meeting minutes to City within two days of meeting. Task 3.1.3 Bid Analysis Consultant shall review and analyze contractor's bids. Consultant shall review the unit bid prices in each bid for reasonable conformance with the engineer's estimate and compare with each other bid received. Consultant shall evaluate bids for responsiveness and completeness, and assure compliance with DBE program. Deliverable: Consultant shall make recommendations to City on acceptance of contractor's bids. Task 3.1.4 Pre-Construction Meeting Consultant shall assist the City with scheduling and conducting a pre-construction meeting with the approved contractor. Consultant shall contact members of the contractor's team, local authorities (police, fire, etc.), Caltrans Local Assistance, design engineers, and applicable utility owner personnel. Topics shall include items such as City expectations, labor compliance, Equal Employment Opportunity compliance, safety, environmental regulations, materials testing and compliance, Contractor submittals, and payment process. Exhibit A—Scope of Services Page 5 of 7 Deliverable: A Meeting Notice, Agenda and Sign-In Sheet shall be prepared for preconstruction meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall provide meeting minutes to City within two days of meeting. Task 3.2 DESIGN SUPPORT SERVICES Consultant design staff shall assist construction inspection personnel with construction change orders and contractor Requests for Information (RFI's), as needed. Design staff shall make any needed design changes to the project as requested by the City. Design staff shall prepare as-built construction plans after construction is complete. Task 3.3 POST-CONSTRUCTION SERVICES-PROJECT CLOSE-OUT Consultant shall assist the City with all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in Caltrans Local Assistance Procedures Manual. The following is a description of major aspects of this work: Task 3.3.1 Item Close-Out Consultant shall close out and balance all contract items. Item overruns and underruns shall be resolved with the Contractor. Contract Change Orders to adjust item prices shall be created if necessary. Deliverable: Consultant shall submit a list of item overruns and underruns to the City. Consultant shall submit a CCO for approval by the City, as necessary, to adjust item prices. Task 3.3.2 Claims Report Consultant shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in accordance with Section 2-70 "Protests, Potential Claims, and Claims," of the Caltrans Construction Manual. Deliverable: Consultant shall submit a claims report for each claim for review by the City and Caltrans. Task 3.3.3 Proposed Final Estimate Consultant shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims. Exhibit A—Scope of Services Page 6 of 7 Deliverable: Consultant shall submit a Proposed Final Estimate to the Contractor for acceptance. Task 3.3.4 Project Reimbursement Consultant shall prepare the State and Federal forms for the City to obtain reimbursement of funds in accordance with Section 17 of the Caltrans Local Assistance Procedures Manual Deliverable: Consultant shall submit State and Federal forms for reimbursement to the City and Caltrans. Task 3.3.6 Project Report Consultant shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all Contract Change Orders, a list of Construction Claims and the result of each after resolution, and a photo documentary of construction. Deliverable: Consultant shall submit a Project Report to the City. END OF EXHIBIT "A" Exhibit A—Scope of Services Page 7 of 7 EXHIBIT «C99 SCHEDULE OF COMPENSATION The following is added to Exhibit"C", Schedule of Compensation: PHASE 3—CONSTRUCTION SERVICES The following budgeted hours are based on a project schedule of 90 working days. Project Manager: 24 hours @ $200/hour= $4,800 Resident Engineer: 240 hours @ 150/hour= $36,000 Biologist: 64 hours @$120/hour= $7,680 Inspector: 400 hours Cad $100/hour= $40,000 Subtotal—Construction Inspection: $88,480 Materials Testing: $30,000 Quality Assurance Testing: $10,000 Labor Compliance: $18,000 Milk Veche Seed Collection & Dispersal: $2,500 Design Support: $30,000 Equipment/Per Diem: $12,000 Phase 3 Subtotal: $190,980 Grand Total of Contract $912,730 END OF EXHIBIT "C" AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5235 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE WIDENING TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD BRIDGE (THROUGH THE WHITEWATER RIVER) CITY PROJECT NO. 01-25 FEDERAL PROJECT NO. STPLN-5282(023) The following articles of Agreement No. 5235 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Seven Hundred Twenty-One Thousand Seven Hundred Fifty Dollars ($721,750.00). SCOPE OF SERVICES (Exhibit"A")- Please see attached sheet. SCHEDULE OF COMPENSATION (Exhibit "C")- Please see attached sheet. Purchase Order Number(s) 616346 Agreement Number: 5235 Original MO Number. 7812 City Council Approval: February 15, 2006 Original Contract Amount: $ 745,855.00 Amount of Decrease: ($ 24,105.00) Amended Total: $ 721,750.00 SIGNATURES ON LAST PAGE Agreement No.5235 Amendment 1 Page 2 EXHIBIT A is amended as follows: 1. Add the following service under Task 4.3(d) Cultural Resources Assessment: Flood Control Levies -Contractor shall research and document the historical significance of all levies within the project limits. 2. Replace Task 4.3 (g) Noise Analysis with the following: Task 4.3 (g) Noise Analysis - Contraclor shall prepare a noise analysis report to consider local, state and federal noise criteria The Noise Impact Assessment (NIA) shall address the impact of the surrounding noise sources from the existing and planned transportation system. The intent of the NIA is to compile existing noise data and the associated current noise levels, and to develop an existing condition analysis.Additional analysis shall also identify opening-day impacts associated with the Project and future (Year 2030) impacts with the Project. If needed, a detailed program identifying appropriate mitigation measures required to maintain the City of Palm Springs noise criteria and standards for each of the impact scenarios shall be developed. To accomplish these necessary objectives, the following sub-tasks shall be undertaken: Develop an analysis of existing noise by field-testing noise level measurements with sufficient sampling periods and locations to adequately describe local conditions and the predominant noise sources. The NIA will be conducted where appropriale traffic data (counts/model projections)are available considering results of the Traffic Impact Assessment(TIA). Based upon data gathered, existing,opening day,and future(Year 2030) noise impacts will be identified. Existing noise for each receptor will be based upon FHWA noise methodologies using an appropriate model (STAMINA, OPTIMA,or Sound2000).Tubular and graphic results will identify AM, PM, or other peak hour noise impacts associated with each scenario. Estimated existing plus project and future noise levels will be compared to those levels in the adopted policies of the Noise Element. • Where noise estimates exceed significance criteria, appropriate mitigation measures shall be developed.Such measures may include,but are not limited to:enhanced setbacks, landscape buffers, acoustic construction techniques, noise barriers, any other improvements that would solve potential noise problems. In addition, appropriate mitigation measures that would potentially lessen the impact of construction noise from the Project and each of the other alternatives on sensitive existing and future land use developments shall be developed. • The resultant noise exposure after the prescribed mitigation measure has been implemented shall be estimated and reported. 3. The following services shall be deleted: Task 4.3 (1) Focused Surveys for Special Status Species i i Agreement No.5235 Amendment 1 Page 3 EXHIBIT C is replaced with the following exhibit: 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-rata 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 Lumo Sum PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES Task 1.0, Project Management Task 1A, Project Meetings $59,096.00 Task 1.2, Project Reports $1.950.00 Task 2.0, Planning and Project Development Task 2.1, Research and Data Gathering $2,832.00 Task 2.2, Surveys $42,115.00 Task 2.3, Preliminary Hydrology Report $17,736.00 Task 3.0, Preliminary and Concept Plans Task 3.1, Geometric Approval Drawings $7,310.00 Task 3.2, Right-of-Way Investigations $11,140.00 Task 3.3, Proiect Report $4,4_72.00 Task 4.0, Environmental Approval Task 4.1, Preliminary Environmental Study (PES) Form $3,380.00 Task 4.2, Purpose and Need Statement $880.00 Task 4.3(a), Natural Environmental Study (NES) $20,440.00 Task 4.3(b), Jurisdictional Delineation $13,280.00 Task 4.3(c), Water Quality Assessment $6,730.00 Task 4.3(d), Cultural Resources Assessment $22,540.00 Task 4.3(e), Visual Resource Analysis $5,250,00 Task 4.3(f), Air Quality Analysis $8,220.00 Task 4.3(g), Noise Analysis $9,550.00 Task 4.3(h), Initial Site Assessment (ISA) $5,640.00 Task 4.3(i), Location Hydraulic Study & Floodplain Report $17,736.00 Task 4.30), Traffic Study $35,346.00 Task 4.3(k), Biological Assessment $25,270.00 Task 4.4, Screencheck Document $26,120.00 Task 4.5, Draft Document $4,260.00 Task 4.6, Responses to Comments 56,020.00 Task 4.7, Mitigation Monitoring Program $2,720.00 Task 4.8, Final Administrative Record $3,960.00 Task 4.9, Notice of Determination/Record of Decision $2,860.00 Phase 1 Subtotal $366,853.00 I Agreement No.5235 Amendment 1 Page 4 EXHIBIT "C, SCHEDULE OF COMPENSATION Task Total Lump Sum PHASE 2 -CIVIL ENGINEERING DESIGN Task 1.0, Final Design Reports &Studies Task 1 1, Geotechnical Design Report $21,440.00 Task 1 2, Right-of-Way Services $2,400.00 Task 1.2(a), Management, Caltrans & FHWA Coordination $10,006,00 Task 1 2(b), Real Estate Appraisals $21,000.00 Task 1.2(c), Appraisal Review $5,000.00 Task 1.2(d). Right-cf-Way Acquisition $21,335.00 Task 2 0, Plans, Specifications & Estimate (PS&E) Task 2 1, Utility Coordination $20,848.00 Task 2 2, 35% Details $69,020.00 Task 2 3, 60% Details $45,990.00 Task 2A, 95% PS&E $69,020.00 Task 2.5 100% PS&E $10.226.00 Task 3.0, Environmental Permitting Task 3.1, Permit Applications $43,480.00 Task 3.2, Section 7 Consultation $8,960.00 Task 3.3 NPDES/NOI z) nnn.Oo Task 4.0, Bid Support $2,504.00 Task 4 1, Pre-Bid Meeting $1,050.00 Task 4.2, Bidding Interpretations $0.00 Task 4.3 Bid Review and Analysis _ $558.00 Phase 2 Subtotal $354,897,00 Grand Total of Contract $721,750.00 END OF EXHIBIT "C" Exceptas specifically amended by this Amendment No. 1,all terms and provisions of Agreement No.5235 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation = B ' City Clerk City Manager APPROVED FORM: V APPROVED BY CITY COUNCIL By. City Attorney APPROVED BY CITY MANAGER f (1.. f /K) CONTRACTOR: Check one: —Individual_Panners114_Corporation .---.� CorporalionsrequiretwonotanxcdsignaLures: Onesignatureoustbe lira the Chaaman ofB aid, picsidem,or any vise Presldnlc The second signature must be hem the SeCYettry, Asgictam Secretary, Treasurer. Assistant T[e.'rsm er,or Chief r naal UI Ili.0 t NUlarired Signature of Chair an of Soard, No nzc )i6mati r Secretary, Asst Secretary, President or any Vice President Treasur111,,fAss( I,1.st rcro^r�Chie�f,F�inancial OfEcer Namu. �T, Name:.-_l�� Title Ere.*iL&/ Title: S6a�eF CCL II��iYLIP- p State of(iLI I4 County of SIG 1'(�55 :p^j41 County of c "/.J1Ln;(�t,..s-s Ian J i Onfmq 6�111d/1 G✓IQ LS. Yoh', . Un �:-ol l]1 bfforc arc, ('/IGi per,unally appeared �d �.l,F)i ,v Y"!:}� personally appeared m`tip-I 1 0'-' n peiauually known to me(or proved to me on the basis of satisfactory personally known to um(kit proved totmc on the basis of sat sfacmry evidence)to be the persoij(sJ whose n.11nQ(�j 'c``su�b,,--s,eabed to the evidence)to b,the parsonn�whose names&0. Sbs" bed to rho within msrrumenS,and acknowledged tome eh i h uAemrey-rxecu[cxl within instrument and rid<nuwledSed to me thaul sh /jhey executed nce came i',,(/h�'.Xer/their authorized eapaeirypl, and that by the Mne in hls/hci/thcr authorized capacity(ry ,, a d that by his/her/thou Tgnature on the instrumant the person(sr or the entity his hl tbch's�snatur tithe instrument the peYsoq( ,or[bc entity upon behalf of which the person(s)acted, executed the instrument. upon behalf of which the parsons)acted,executed the inswmenr_ WITNL•SS my hand and official goal. WITNESS my hand andvgffa:l seal Notary Stgnaturc� I 7-L�-�-c?ftGt " '-`�L! Notary Signatures I---l�v��-l.�,i L��+ ! � ` Notary Scat: �}° Notary Seal! RAMDNA VOYLES 'ta RAMONA VOYLE5 q Cammisslon# 7576559 T _ Commission# 1576559 Notary Pubha-California ` '""'r ^, v r ;-,a`{{ � Notary Public-California El doratlo County �`3� ' EI Dorado County My Comfn Expires MOY6�2009y 4,"�;' My Comm Expres lNay 6,2009 Dokken Engineering Indian Canyon Widening Agreement No. A5235 MO 7812, 02-15-06 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT -- CP_ oi_zs Indian Canyon Drive Widening Tramview Road to the Union Pacific Railroad Bridge (through the Whitewater River) City Project01-25 Federal Project STPLN-5282(023) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this OYA day of FP,R19" 2006, by and between the CITY OF PALM SPRINGS, a municipal corpo tion, (herein "City") and Dokken Engineering, (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF 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 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 may be 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. �1Ct1'S1J J N',A iL Bf!M..✓ 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 underthis 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,Contractorshall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent .(5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 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 -2- contract amount of Seven Hundred Forty-Five Thousand Eight Hundred Fifty-Five Dollars ($7,45,855.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment fortime 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 repiroduction costs,telephone expense,transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 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"ID", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time: period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions, riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the -3- 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 "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 Salveson 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. 4 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 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)orequivalent 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. i (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 bodily and I property damage. Said policy shall include coverage for owned, non-owned, leased and hired I i I _5_ I I cars. (d) Additional Insurance. Additional limits and coverages, which may include professional • liability insurance, will be specified in Exhibit "B". 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 oremployees,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; -6- (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 employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrentlywith 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 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 's Key Rating Guide or in the Federal Register, unless such requirements are waived bythe City Manager ordesignee of the City Managerdue 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 bythis 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 -7- 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. 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 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 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 tune 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 orthe 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, -8- costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. • 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a 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 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 fortermination 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 bythe 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 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 Emplovees. 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 -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 anyone 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, ATTES-T: a municipal corporation City Clerk City M`ana ot%' APPROVED DMCIii°9;DUNC&L Agreement over/under $25,000 PROV S TO FORM: :MQ Iblr? 0-%y,06 *P3h l ,y� Reviewed and approved by B)/ �/ Procurement & Contracting ity Attorney � Initials CONTRAC OR: Dokken Engineering --y--r Check one: _Individual _Partnership iAGorporation P.O. Numb epr Signature(nofTrizedf �tl�j�Sig`natGni(notarized) Name; /` fir=J�/ �J�/�tA19 i f ,✓��. A't ,�s"ilv`�L' Name:_^d Title: �mr. _,, �r�r,�r.�r� Title: � (This Agreement must be signed in the above space by This Agreement must be signe in the above space by one of the following: Chairman of the Board, President one of the following:Secretary, Chief Financial Officer or or any Vice President) any Assistant Treasurer) State of<�LJ3.A gR.art/>rt I State of 5f �r County of.'F.eA ss County of.SvQE,t'AcAn,/—10)ss On On '.Z - /:7 • e'3 before me, ..P�f ,) JZ, Awj;ae+<s - before me, _flywr — personally appeared_g rceF.d to °T.' s>f"4 — 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 i subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that I he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized c:apacity(ies), and that by his/her/their signatures) 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 p,erson(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. ' WITNESS my hand and official eal. / Notary Signatures/; ✓ / Notary Signre: ` /gin Notary Sal Notary S al JOHN R.AMBROSE JOHN R.AMBROSE a co R R7360671 m a COMM. $1360671 CO m E m Notary Publio-California m° '� Notary Public-California v SACRAMENTOCUUNTY ` SACRAMENTO COUNTY ' My Gomm.Exp.July 2, MY Comm.Exp.July 2,2tk16 -12- EXHIBIT "A" SCOPE OF SERVICES GENERAL SCOPE — The intent of this contract is to provide the City with environmental and engineering design services to accomplish the widening of Indian Canyon Drive from two (2) to four (4) lanes, extending from the access road to the Union Pacific Railroad train station to Tramview Road. The'Scope of Services as detailed herein shall provide the City with complete environmental services necessary to obtain requisite legal approvals to proceed with engineering plans, specifications and estimates (PS&E) with which to facilitate future construction of the desired improvements. PHASE 1 ENVIRONMENTAL DOCUMENTS AND TECHNICAL STUDIES TASK 1.0 PROJECT MANAGEMENT—The Contractor shall coordinate and attend meetings wii.h the City's Project Manager and other required representatives from affected agencies at least once per month, or as deemed necessary by the City's Project Manager. No maximum number of meetings shall be identified, as the duration of the project cannot be guaranteed. The Contractor's Project Manager(s) and/or sub-contractors shall attend as appropriate. The Contractor shall prepare minutes for each meeting and distribute them to the City's Project Manager and other attendees at each succeeding meeting. The Contractor shall perform all project management coordination necessary to maintain the Project Schedule, which shall include, but not be limited to the following: • Budgeting—The Contractor shall prepare budgets for each task and milestonefortheproject; budgets shall be monitored by the Contractor, and shall be used as a basis for cost monitoring and control. • Cost Accounting — The Contractor shall prepare monthly reports of expenditures for the project by task and milestone. Expenditure reports will serve as the basis for the Contractor's monthly invoices. • Scheduling—The Contractor shall prepare a detailed project schedule within one month after receiving a Notice to Proceed from the City. The schedule shall indicate all tasks, milestones and project activities, deliverables, and shall reflect necessary review time by affected agencies.The Contractorshall adjustthe project schedule as necessary during the term of this contract, and provide updated schedules at each monthly progress meeting. Task 1.1 Project Meetings—The Contractor shall provide the following coordination related to project meetings during the term of this contract: • PDT Meeting — The Contractor shall organize and develop a Project Development Team (PDT). Members of the PDT shall include Contractor and subcontractors as required, City, Caltrans, and any other agency representatives, as necessary. • Kick-Off Meeting —The Contractor shall schedule and conduct a kick-off meeting within two weeks of Notice to Proceed (NTP). Contractor shall contact all members of the PDT to coordinate the scheduled meeting date. A meeting notice, an agenda and meeting minutes shall be prepared for the kick-off meeting. • Monthly PDT Meetings—The Contractor shall coordinate and attend PDT meetings with the City, Caltrans, and other representatives from resource agencies as necessary. Meeting -13- EXHIBIT "A" SCOPE OF SERVICES minutes shall be prepared by the Contractor for each meeting and distributed to the City's Project Manager and attendees at each meeting. An Action Item List and a Deliverables Status Matrix shall be prepared and updated for each PDT meeting. Task 1.2 Project Reports — The Contractor shall prepare progress reports to record the progress of the project and as supporting data for invoices presented monthly to the City. The progress report shall include accomplished tasks forthe month, anticipated progress forthe next month, pending issues and schedule completion target dates. Contractor shall mail a progress report with each monthly invoice. In addition, the Contractor shall provide the following: • Project Schedule — The Contractor shall, within two weeks of Notice to Proceed (NTP), provide a detailed project baseline schedule indicating milestones, major activities and deliverables to the City for review and comments. Contractor shall update the schedule, as required. • Quality Control—The Contractor shall have a quality control plan in effect during the term of this contract. Contractor shall develop a plan establishing a process to ensure design calculations are independently checked. Exhibits and plans shall also be checked, corrected and back-checked for accuracy and completeness. Contractor shall review subcontractor submittals to ensure that appropriate background information, study methodology, interpretation of data,format and content are completed in accordance with current standards. TASK2.0 PLANNING AND PROJECT DEVELOPMENT—The Contractorshall be responsible for obtaining all required project documents, studies, reports, as-built plans, record drawings, record maps and surveys, and other information required to complete the project. The Contractor shall perform all planning and project development, which shall include, but not be limited to the following: Task 2.1 Research and Data Gathering — The Contractor shall obtain any and all existing topographic mapping, photos, bridge reports, maintenance reports, right-of-way maps, "as-built" plans, record plans, record maps and surveys, study reports, assessor maps,contract documents, and any other pertinent data required for the project from the City, Riverside County, or other sources. The Contractor shall review all available information and determine what additional information will be necessary to complete the project. Task 2.2 Surveys —The Contractor shall perform and coordinate all required field surveys, and shall research and compile all existing control data, including research of all affected utility companies within the project area. The Contractor shall perform and coordinate all utility coordination necessary to determine and identify locations of all utilities and facilities, as well as future utility requirements. Required surveys include, but are not limited to, the following: • Research Record Information—The Contractor shall obtain all available existing information and survey data from the City, County, and Caltrans. • Control Survey—The Contractor shall establish supplementary survey control, as needed. -14- EXHIBIT "A" SCOPE OF SERVICES • Topographic Survey—The Contractorshall conductfield surveys and aerial surveys in order to establish a topographic mapping of the project. Field surveys will include project conform locations with existing facilities. • Utility Survey—The Contractor shall conduct field surveys to locate all existing underground and overhead utilities and facilities. Contractor shall coordinate this work with a potholing subcontractor. • Right-of-Way Mapping —The Contractor shall prepare a preliminary base right-of-way map based on record information. After preliminary design is complete, Contractor shall perform a right-of-way survey and will prepare a final right-of-way base map. Task2.3 Preliminary Hydrology Report—The Contractor shall prepare a Preliminary Hydrology Report as necessary for the development of Drainage Plans. Contractor shall analyze existing drainage systems fortheir ability to accommodate future design flows. The Report shall document onsite/offsite drainage patterns, quantities, and identify the extent of previous storm flows and damage incurred during the 2005 floods. A Preliminary Hydrology Report shall be prepared summarizing the findings and any proposed drainage improvements. TASK 3.0 PRELIMINARY AND CONCEPT PLANS (PROJECT REPORT) — The Contractor shall prepare preliminary and concept roadway plans (up to 30% complete engineering drawings and plans) and a Project Report for approval by the City. The preliminary and concept plans and Project Report shall include, but not be limited to, the following: Task 3.1 Geometric Approval Drawings — The Contractor shall prepare geometric approval drawings of the project area, including the extent and limits of the roadway improvements, centerline and right-of-way alignment, and connection/tie-in with project limits. The Contractor shall prepare 3 preliminary alignments: 1)Widen Indian Canyon Drive on the west side; 2)Widen Indian Canyon Drive and the east side; and 3)Widen Indian Canyon Drive on both sides. These three alternatives capture all possible widening layouts. A final approved geometry will be coordinated with the City and incorporated in the Geometric Approval Drawings for City approval. Task 3.2 Right-of-Way Investigations—The Contractor shall determine additional rights-of-way and easements (including utility, slope, or other easements/encroachment agreements), necessary for the project. Exhibits shall be prepared for each impacted parcel showing permanent and temporary right-of-way impacts as well as impacts to any existing facilities. Preliminary Title Reports will be ordered, as needed. Task 3.3 Project Report — The Contractor shall prepare a written summary of the project and provide a document to be used as the basis of Task 4, Environmental Approval, that outlines the proposed improvements, potential impacts on the area and what effects will be mitigated, and related information. The Project Report will include sections addressing: -15- EXHIBIT "A" SCOPE OF SERVICES • Geotechnical Design Environmental Mitigations • Hydraulic and Floodplain Investigations Environmental Conservation Measures • Geometrics Project Contact Information • Right-of-Way Survey Data • Utilities Project Cost Estimates TASK 4.0 ENVIRONMENTAL APPROVAL — The Contractor shall perform all required environmental research and analysis necessary for the project, pursuant to CEQA and NEPA requirements, as well as the policies and procedures contained in Caltrans' Environmental Handbook and Local Programs Manual. The Contractor shall perform all environmental coordination, which shall include, but not be limited to the following: Task 4.1 Preliminary Environmental Study(PES) Form—The Contractor shall prepare a draft Preliminary Environmental Study (PES) Form following a scheduled field visit with the City and Caltrans. The draft PES Form will be sent for review by the City and Caltrans. The PES form will outline the recommended federal environmental documentation, technical studies, surveys, clearances, agency coordination and permits required for the roadway project. The City will review the PES form prior to submitting to Caltrans for signature and prior to initiating technical studies. No preliminary design, work, environmental studies, or preliminary right-of-way work will begin until Caltrans' concurrence of the Preliminary Environmental Studies package has been received and there is agreement to the scope and footprint of the studies. Task4.2 Purpose and Need Statement—The Contractor shall, in consultation with the City and Caltrans, prepare a draft statement of NEPA purpose and need, along with the CEQA Project Objectives. In cooperation with the City and Caltrans, Contractor will utilize the project description for each of the alternatives to be considered to meet the purpose and need. The purpose and need/project shall be subject to approval by the City, Caltrans and FHWA. Task 4.3 Technical Studies —The Contractor shall coordinate the preparation of all necessary and required studies to be included in the Environmental Assessment/Initial Study, including, but not limited to, the following: Task 4.3(a) Natural Environment Study (NES) — The Contractor shall conduct a literature reviewto assist in determining the existence or potential occurrence of sensitive plant and animal species on the project site or in the vicinity. Federal and State lists of sensitive species and current database records, including the California Natural Diversity Data Base (California Department of Fish and Game, 2004) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 2004), will be examined. In accordance with Caltrans guidelines, Contractor shall submit a letter to the U.S. Fish and Wildlife Service requesting a list of threatened and endangered species known from the project vicinity. The results of the records search shall be summarized in a table and included in the NES. The Biological Study Area (BSA) shall be determined through coordination with the Caltrans Biologist. -16- EXHIBIT "A" SCOPE OF SERVICES The fieldwork shall be conducted by qualified biologists in order to document the presence/absence of sensitive biological resources(e.g., species or habitats),orto determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted.The location of anysensitive biological resources present on site, including plants and plant communities, shall be mapped. Contractor shall prepare an NES that will include a description of the field methods used and the results of the biological assessment of the project area. The report will include a list of plant and animal species present within the project area and a general description of the plant communities occurring. If any sensitive resources are found on the site, Contractor shall prepare and include in the NES a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. Tables describing sensitive species and their habitats that are present or potentially present will also be provided in the report. The report will also identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation measures will also be included as necessary. Contractor shall prepare and distribute copies of the NES for each of the review cycles and shall respond to comments and update the NES as needed for completion of each cycle. j A biologist shall be available to attend team meetings, as needed. Task 4.3(b) Jurisdictional Delineation — The Contractor shall complete a focused wetland delineation according to the 1987 U.S.Army Corps of Engineers Wetland Delineation Manual,the currently accepted methodology. It is assumed that a routine delineation, tailored to the site characteristics, shall be adequate. Contractor shall also complete a jurisdictional "waters of the U.S." determination according to current U.S. Army Corps of Engineers standards. Finally, Contractor shall determine the extent of any streambed and associated riparian areas subject to review by the California Department of Fish and Game under Section 1600 et seq. of the California Fish and Game Code. The results of the delineation shall be presented in a detailed report that will include mapping of any wetland areas and jurisdictional areas. The results of the delineation are subject to verification by the U.S. Army Corps of Engineers and California Department of Fish and Game. Further actions coordinating the jurisdictional delineation, beyond those required as part of the environmental approval, shall be completed while obtaining regulatory permits for construction of the (project. Task 4.3(c) Water Quality Assessment — The Contractor shall prepare a Water Quality Assessment Report to address the project impacts on water quality based on current Caltrans guidelines [Environmental Handbook Volume 1, Chapter 9, Water Quality (these guidelines are currently undergoing revisions)]. The report will discuss receiving waters conditions, objectives, and beneficial uses as well as Caltrans standard best management practices(BMP's)and project design features required in accordance with the current Caltrans Statewide Storm Water -17- EXHIBIT "A" SCOPE OF SERVICES Management Plan (SWMP). Compliance with the National Pollution Discharge Elimination System (NPDES) requirements from the Regional Water Quality Control Board (RWQCB), in accordance with the NPDES general construction activity stormwater discharge permit, shall also be identified, if applicable. Compliance with Section 401 of the Clean Water Act will ultimately be necessary (water quality certification). With these requirements, specific mitigation measures, including Best Management Practices (BMP's) specified in Caltrans' Storm Water Quality Handbook - Planning and Design Guide, shall be identified for any significant water quality impacts that may occur during construction. Task 4.3(d) Cultural Resources Assessment— The Contractor shall prepare documentation in accordance with Section 106. This work shall include: • Archaeological/Historic Survey Report—All cultural resource efforts shall be completed in compliance with Section 106 of the National Historic Preservation Act(NHPA)and shall follow the requirements set forth in the Caltrans Environmental Handbook Volume Il, Cultural Resources and the Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-aid Highway Program in California. • Area of Potential Effects (APE) Map — The Contractor shall coordinate with Caltrans to develop the APE Map for review and approval. Following Caltrans approval, the APE Map shall be given to FHWA for review and approval. • Research —The Contractor shall perform a cultural resource records search at the Eastern Information Center (EIC), located at the University of California, Riverside. The EIC is the state-designated repository for records concerning cultural resources in Riverside County.The records search will provide information on known cultural resources and on previous cultural resources investigations within a one-mile radius of the project area. Data sources that will be consulted at the EIC include archaeological site and artifact records, historic maps, reports from previous studies, and the state's Historic Resource Inventory(HRI)for Riverside County, which contains listings for National Register of Historic Places (NRHP), California Register of Historical Resources(CRHR), California Historical Landmarks(CHL), and California Points of Historical Interest (CPHI). Contractor shall complete research for the properties within the Area of Potential Effects(APE)to determine built dates forany buildings and structures. If any buildings/structures 30 years and older are located within the APE, additional tasks may be required. Native American Coordination—The Contractor shall contact the Native American Heritage j Commission (NAHC). The NAHC shall provide a list of Native American groups to contact regarding this project. Contractor shall coordinate with the City to consult with the tribes. With City approval, Contractor shall contact each tribe via certified mail. After 21 days Contractor shall follow up with those groups that have not commented, via telephone. Contractor shall 18 EXHIBIT "A" SCOPE OF SERVICES document all efforts to consult with each tribe. • Field Survey—The Contractor shall conduct a systematic field survey of portions of the APE that are not obscured by asphalt/concrete. The ground surface shall be visually examined by an archaeologist for evidence of prehistoric (Native American) or historic (non-Native American) archaeological materials and other potential historic resources (e.g., buildings, bridges, railroads, mines, or canals). To meet state standards, any previously unrecorded resources identified during the survey shall be recorded on State of California DPR 523 forms. • Reports — The Contractor shall prepare a Caltrans format Historic Property Survey Report (HPSR) and Archaeological Survey Report (ASR) according to Caltrans specifications. The reports will describe: 1) the results of Native American Consultation, 2) research and field methods used in identifying cultural resources, 3) the archaeological and historic resources identified in the project vicinity, and 4) the potential of the project to adversely impact any archaeological or historic resources. If recommendations for further studies are warranted, these will be described in detail in a separate memorandum. Task 4.3(e) Visual Resource Analysis—The Contractor shall prepare a Visual Impact Analysis in accordance with FHWA and Caltrans guidelines to assess the visual quality impacts and to recommend mitigation foradverse impacts. The existing, proposed,and mitigated visual condition shall be analyzed for vividness, intactness, unity, and overall visual quality. Viewer response to visual changes shall also be evaluated to determine potential impact. Up to three (3) visual simulations shall be prepared. A draft and final Visual Impact Assessment shall be provided for City and Caltrans review. (This scope of work shall be deleted from the contract if it is determined to be not required for purposes of the environmental analysis of this project). Task 4.3 (f) Air Quality Analysis —The Contractor shall prepare an air quality assessment and report, which shall include the following: • Air Quality Analysis - A description of the existing environmental setting, Project impacts, mitigation measures and impacts after mitigation will be included forthe issues outlined below. Mitigation measures will be stated in a positive, achievable manner. Due to the fact that Riverside County is currently in non-attainment for Ozone (02) and Particulate Matter, 10 microns or less in size (PM10), an AQIA of potential impacts associated with the Project shall be prepared. Specifically, this task contains the following major components: (1) Contractor shall review and document the following applicable plans, including:Attainment Plans applied by the South Coast Air Quality Management District and recently developed Reasonably Available Control Measures (RACM) and Best Available Control Measures (BACM)process,the PM10 Non-Attainment Plan, the Rate of Progress Plan, and the 2004 Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP) Air Quality Conformity Package prepared by the Riverside County Transportation Commission. The existing and proposed plans and rules shall be reviewed for their applicability to the preferred Project alternative. -19- EXHIBIT "A" SCOPE OF SERVICES (2) Air quality impacts associated with the preferred Project alternative shall be estimated, including those related to construction activities and construction equipment, and for emissions attributable to Project-related vehicle trips. In addition, an assessment of odor impacts shall be conducted. Vehicular emissions shall be estimated based upon traffic projections prepared for the preferred Project alternative. A qualitative analysis of each alternative shall be provided. (3) Contractor shall utilize URBEMIS, CALINE and other state-of-the-art computer models to predict emissions of carbon monoxide, nitrogen oxide, sulfur dioxide and ozone. Emissions must be estimated for"opening day" and the "full build out year" of the Project to determine Project-related impacts. (4) Predicted emissions shall be compared with State standards (1-hour and 8-hour) and results recorded. PM10 emissions shall also be predicted caused by dust raised by grading and earth-moving activities. (5) Mitigation measures shall be proposed to reduce air quality emissions from all sources to acceptable levels, to the fullest extent possible. Mitigation measures will likely include feasible controls on construction activity. Cost estimates for such mitigation shall also be prepared. • Air Quality Assessment Report—The Contractor shall document the methodology, studies and results of the air quality assessment in a report format. Copies of the Draft Report shall be provided for review and comment. Contractor shall revise the Draft Report as necessary. Task 4.3 (g) Noise Analysis — It is assumed that Caltrans and FHWA will concur that no noise receptors are located within the project area, and that a noise study will not be required for the purposes of the environmental analysis for this project. Contractor shall prepare a memorandum describing appropriate City, Caltrans,and FHWA standards for noise. Memorandum shall provide environmental justification for not preparing a Noise Impact Assessment. Task 4.3 (h) Initial Site Assessment—The Contractor shall prepare a Hazardous Waste Initial Site Assessment(ISA)of the project study area to identify all documented hazardous waste sites located within the project study area, as well as facilities located within the project study area that stone, transfer, or utilize large quantities of hazardous materials. Contractor shall conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. Contractor shall conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. If hazardous waste sites are identified within the project study area (via governmental records and/or the visual survey), Contractor shall determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. -20- EXHIBIT "A" SCOPE OF SERVICES Task 4.4 (i) Location Hydraulic Study—The project is located within an established 100-year floodplain. In order to determine the impacts of the proposed project to the federal floodplain, a Location Hydraulic studyshall be performed to ensure the project is compatible with local flooding. Executive Order 11988 - Floodplain Management, is the guiding federal document for any floodplain action. The minimum required content of the Location Hydraulic Study is prescribed in 23 CFR 650A, Section 650.111(b)(c)(d). Per23 CFR 650A, Contractor may complete a Location Hydraulic Study. If required, the Location Hydraulic Study shall include the following information: (1) National Flood Insurance Program(NFIP)maps or information developed bythe local agency, if NFIP maps are not available, to determine whether a roadway location alternative shall include an encroachment; (2) An evaluation and discussion of the practicability of alternatives to any longitudinal encroachments. Contractor shall use the HEC-RAS River Analysis System program to complete the floodplain analysis; (3) A discussion of the following items, commensurate with the significance of the risk or environmental impact, for all alternatives containing encroachments and for those actions which would support base floodplain development: The risks associated with implementation of the action; The impacts on natural and beneficial flood-plain values; The support of probable incompatible flood-plain development; The measures to minimize flood-plain impacts associated with the action; and The measures to restore and preserve the natural and beneficial floodplain values impacted by the action; and (4) Evaluation and discussion of the practicability of alternatives to any significant encroachments or any support of incompatible floodplain development. • Floodplain Encroachment Report Summary— If it is determined that the floodplain impacts are low risk, Contractor shall prepare a Floodplain Encroachment Report Summary. In the case of a local agency, this form is signed by the local project engineer and concurred with by the District Local Assistance Engineer and FHWA engineer. It is assumed that this task will be required, and a Floodplain Evaluation Report Summary will not be required. • Floodplain Evaluation Report Summary— If the Location Hydraulic Study concludes that a proposed action may result in a significant encroachment (as defined by 23 CFR 650.105) and/or is inconsistent with existing watershed and floodplain management programs, resulting in incompatible floodplain development, orthat the impacts of the project on the floodplain are unclear, a Floodplain Evaluation Report Summary shall be prepared by the Contractor. This is a self-sufficient technical report, which is used to support the conclusions of an EA/FONSI or an EIS. It contains all the information from the Location Hydraulic Study and the Summary of Floodplain Encroachment Report, but shall be more detailed. Contractor shall include a project description, a strip map delineating the base floodplain with all project encroachments identified, and mitigation measures, as well as a discussion of all practical alternatives to each potential encroachment. Task 4.3 0) Traffic Study — The Contractor shall perform a traffic study of the project and prepare analysis of potential impacts. This work shall be accomplished as follows: • (Review Existing Data Sources—The Contractor shall review all documentation provided by the City, Caltrans, the County, and the Coachella Valley Association of Governments(CVAG). -21- EXHIBIT "A" SCOPE OF SERVICES Contractor shall review on-going work related to the Palm Springs General Plan and the latest information from the available travel demand models for the corridor, including the CVAG regional model. The focus of this review will be to determine if there is any updated information related to proximate land uses or regional travel that could impact earlier forecasts for the corridor. Contractor shall document the results of these reviews in a technical memorandum. • Data Collection—Traffic counts shall be taken at three locations along Indian Canyon Drive. Peak hour (morning and evening) traffic counts shall be collected at the Indian Canyon Drive/Tramview Road and Indian Canyon Drive/Train Station Access Road intersections. A 24-hour roadway segment count shall also be collected. Truck classification data shall also be included in this 24-hour roadway count. In addition to the traffic counts, Contractor shall conduct a site visit to observe roadway and intersection operations. • Existing Conditions—Using the information collected,Contractorshall documentthe existing j conditions in a technical memorandum. This memorandum shall present the existing traffic counts and the results of the operations analysis related to the existing traffic counts. To analyze the peak hour conditions at the two study intersections and the corridor, Contractor shall use Synch ro/S imtraffic software implementing the 2000 Highway Capacity Manual Level of Service (LOS) methodologies. • Prepare Traffic Forecasts — The Contractor shall prepare forecasts for 2015 and 2030 for the AM, PM, and daily conditions. To maintain consistency with other studies,these forecasts shall be presented in the form of Passenger Car Equivalents(PCE's). To facilitate review, the forecasts shall be summarized in a separate technical memorandum. jFuture Conditions Operational Analysis —The Contractor shall document the LOS results j for the AM and PM peak hours in the 2005, 2015, and 2030 conditions. The LOS results shall be documented in a technical memorandum. • CEQA/ NEPA Support—The Contractor shall provide support as needed as the CEQA and NEPA clearances are completed. Possible areas of involvement include the development of the Purpose & Need statement for the NEPA document and alternatives for the CEQA document. Additional tasks could include responses to public and agency comments related to the NEPA and CEQA documents. Task 4.3 (k) Biological Assessment— The project will have direct and indirect impacts to two federally listed species, the Coachella Valley milk-vetch and Coachella Valley fringe-toed lizard. A Programmatic Biological Opinion (BO) has been prepared for these impacts as well as other I-10 interchange projects in the Coachella Valley. The Biological Assessment would include attendance at meetings, coordination with the project team, responding to information requests from the U.S. Fish and Wildlife Service, and researching mitigation options. It is possible, though unlikely, that the preparation of a Biological Assessment in compliance with Section 7 of the Endangered Species Act will be necessary to tier into the existing BO. (This scope of work shall -22- EXHIBIT "A" SCOPE OF SERVICES be deleted from the contract if it is determined that an individual Biological Assessment is not necessary for this project due to the approval of a Tiered Biological Opinion for the Indian Avenue/Interstate 10 Interchange). Task 4.3 (1) Focused Surveys for Special Status Species - The proposed project may have potential effects to the following special status species: Coachella Valley giant sand treader cricket (State Special Animal); Burrowing owl (State Species of Special Concern); and, Palm Springs round-tailed ground squirrel (Federal Candidate/State Species of Special Concern). If the general biological field survey reveals that suitable habitat is present for the above species, or any other species identified during the preparation of the NES, then additional surveys may be required in order to determine the presence or absence of such species. However, it is anticipated focused surveys will not be required for the Coachella Valley milk vetch and Coachella Valley fringe-toed lizard which are addressed in the Conservation Bank Plan Addressing the Direct, Indirect and Cumulative Effect of Interstate 10 Coachella Valley Interchange Project(Plan) prepared by Caltrans and FHWA. The scope of surveys for the Coachella Valley giant sand treader cricket, burrowing owl,and Palm Springs round-tailed ground squirrel would be dependent on the extent of habitat to be surveyed for a particular species, and coordination with the U.S Fish and Wildlife Service (USFWS) and/or California Department of Fish and Game (CDFG) as appropriate. Task 4.4 Screencheck Document- Contractor shall incorporate the purpose and need/project description from prior task(s) and the technical studies into the screencheck document. Based upon available data, Contractor shall prepare sections for land use, public safety, public services, recreation, and utilities. The EMS will determine: If the project will have any significant adverse effects on the environment under both State and federal standards; Identify potential mitigation measures for such impacts; Determine if the mitigation measures reduce all impacts below a level of significance. The Screencheck EMS will be provided to agencies for review and comment. The Screencheck I EA/IS will be revised by Contractor in response to the agencies' comments and a revised Screencheck EMS will be provided to the agencies for review and comment. I Task 4.5 Draft Document— The Contractor shall draft the EMS for public review. The EMS i has a critical objective of providing a means bywhich the general public and responsible agencies j can participate in the environmental process by providing written comments on issues addressed in the EMS. Contractor shall prepare the requisite public notices for distribution of the EMS. Contractor shall prepare the requisite number of hard copies of the EMS document and the technical studies. Contractor shall coordinate the preparation of the distribution list with the City, Caltrans and FHWA. Task 4.6 Responses to Comments — At the close of the public review period for the EMS, Contractor shall meet with Caltrans and FHWA staff to review any comments on the EMS that were received, and to discuss potential responses to these comments. Contractor shall then formulate responses to the comments on the EMS. Once draft responses to comments are completed, they will be submitted to the agencies' staff for review and comment. The agencies' -23- i EXHIBIT "A" SCOPE OF SERVICES cornments will be incorporated into the response to comments document,which will be submitted to Caltrans as an appendix in the EA/IS for use in public hearings. Contractorshall also prepare the draft Mitigated Negative Declaration(MND)Sheet for attachment to the EA/IS. Task4.7 Mitigation Monitoring Program—The Contractorshall prepare a mitigation monitoring plan, including monitoring forms,to insure that the mitigation measures contained in the EA/IS are properly implemented. Task 4.8 Final Administrative Record — Prior to action taken on the EA/IS and the MND, Contractor shall assist the City and Caltrans to prepare appropriate findings and the Administrative Record. Task 4.9 Notice of Determination/Record of Decision — Following public review of the EA/IS, a Negative Declaration/Finding of No Significant Impact (ND/FONSI) shall be prepared by Contractor. The final steps in the NEPA process are dependent on the procedures of the FHWA, and any agreements with the cooperating agencies. The most likely outcome is the preparation of as "Finding of No Significant Impact" (FONSI). PHASE 2 CIVIL ENGINEERING DESIGN TASK 1.0 FINAL DESIGN REPORTS AND STUDIES — The Contractor shall prepare final design reports and studies necessary for preparation of plans, specifications and estimates (PS&E) for the project. Final design reports and studies shall include, but not be limited to, the following: Task 1.1 Geotechnical Design Report— The Contractor shall prepare a geotechnical design report for use in the project. The report should address field and laboratory programs; provide results of foundation, stability and pavement analyses; and provide design recommendations for the project. The report shall consider and include, but not be limited to, the following: • Slope Stability Analysis — Contractor shall prepare stability analyses of existing and proposed embankments for cut and fill slopes (if any). • Pavement Structural Section — Contractor shall prepare recommendations for pavement structural section on the basis of natural soil conditions. A G)eotechnical Design Report shall be prepared by the Contractor for the proposed improvements within the Indian Canyon Drive Widening project limits. A Field Investigation shall be prepared and executed to gather subsurface information for the widened portion of Indian Canyon Drive. Laboratory testing shall be performed on the recovered disturbed soil samples. These laboratory tests will include (but not be limited to) Resistance value (R-value), sieve analysis, compaction, moisture/density, corrosion testing, and sand equivalent. The information I -24- EXHIBIT "A" SCOPE OF SERVICES obtained in the Field Investigation and Laboratory Testing programs will also be used to analyze the: widened roadway sections. The Geotechnical Design Report will contain recommendations for the widening of Indian Canyon Drive and will include new structural pavement sections, bearing capacity and settlement checks for new embankments, global stability of all cut and fills. There will also be a detailed discussion of the low water crossing and several alternatives shall be evaluated as to the cost and effectiveness of preventing roadway washouts during storm water events. Task 1.2 Right-of-Way Services —The Contractor shall prepare a final right-of-way map from compilation of field survey data and research data. Existing and proposed right-of-way limits shall be indicated. Right-of-way engineering shall include, but not be limited to, Right-of-Way acquisition. Contractor shall prepare all legal descriptions for full and partial land acquisitions and plats for all properties affected by the proposed improvements and to acquire necessary right-of-way. Appraisals and right-of-way acquisition services, as necessary, shall be performed. Contractor shall prepare for and secure right of way appraisals for each interest needed, will format and prepare offers to purchase the needed interests in right of way, will negotiate in good faith for the purchase of the needed right of way, and will deliver the documents necessary to enable the City to proceed to construction. Should any parcel(s) require the use of eminent dornain by the City, OPC's documented file and procedure will enable the City Attorney to take over the formal acquisition process and secure the necessary rights through appropriate legal proceedings. The formal acquisition program will be administered according to Federal guidelines as is appropriate to the project funding. Major elements include: Task 1.2 (a) Management, Caltrans & FHWA Coordination —The Contractor shall coordinate and attend certification planning activities and meetings with Right of Way Local Assistance Coordinator and project team to determine project requirements and certification level required to meet the project construction schedule. Contractor shall conduct preliminary project programming activities to include preparation of R/W Data Sheet, including right of way cost estimates. Contractor shall ensure that any interests necessary for the project and relocation activities have been met in compliance with applicable law and regulations. Contractor shall prepare certification forms in coordination with engineer and city to include the compilation of all • necessary back-up documents required including deed, final order of condemnation, access easements, cooperative agreements, permits, right of entries, etc. Contractor shall attend and coordinate pre and post-audit submittal meetings. Task 1.2 (b) Real Estate Appraisals —The Contractor shall be responsible for coordinating the following appraisal activities: • Prepare and mail a "Notice of Decision to Appraise" letter to each of the affected property owners giving them the opportunity to meet personally with the appraiser to present any information they feel is relevant to the valuation of their property. -25- EXHIBIT "A" SCOPE OF SERVICES • Inspect each property personally with the owner(if possible)and document the inspection with photographs for use in the report. • Inventory all improvements affected by the proposed taking including notes on their manner of disposition (i.e. pay-for and remove vs. move back). • Perform market research to support the selected appraisal methodologies. • Prepare a summary narrative appraisal report that conforms to the Uniform Appraisal Standards for Federal Land Acquisitions. Task 1.2 (c) Appraisal Review—The Contractor shall verify that the completed appraisal report for each property was prepared in accordance with Federal and State laws and policies. Contractor shall confirm mathematical computations, appraisal methodologies and valuation determinations are appropriate and reasonable. Contractor shall make recommendation to the City as to the determination of just compensation for each parcel. j Task 1.2 (d) Right-of-Way Acquisition — The Contractor shall review preliminary title reports and identify liens and encumbrances requiring clearance. Contractor shall prepare all offer letters and summary statements, in accordance with State or Federal regulations and approval of legal counsel. Contractor shall personally negotiate with the property owners for the purchase of the required property rights. The written offer to purchase shall be presented to the appropriate owners or their representatives in person,when possible. Contractor shall coordinate with the BIA for all parcels held in trust by the United States Government on behalf of individual tribal members. Contractor shall, upon the initiation of negotiations, transmit receipted offer letters to the client as soon as possible. In instance where the property owner declines to receipt for the Offer to purchase, a certification of presentation shall be forwarded to the client. Personal negotiations shall continue with the property owners and tenants until every reasonable effort has been expended and it appears that the only remaining method of acquisition is through eminent domain proceedings. Contractor shall prepare all acquisition agreements, deeds, and other documents necessary to complete the acquisition. At such time the negotiations appear to be unsuccessful and eminent domain proceedings have commenced,assistance necessary to assist the client's condemnation counsel shall be provided. Negotiations shall continue after the filling of a condemnation action if it is the desire of legal counsel. A diary of all pertinent information and contacts concerning the project parcels shall be maintained. All executed documents on successfully negotiated parcels shall be promptly transmitted to client for acceptance. Contractor shall coordinate with City and Escrow Company to open escrow, review and approve closing statements, assist with procuring necessary escrow documents and monitor closing of escrows. Contractor shall prepare plats and legal descriptions as needed. TASK 2.0 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) — The Contractor shall prepare PS&E for review and approval by the City. Plans shall be prepared at an appropriate scalle such that plans are legible, in English units. Specifications shall be prepared using City standard boiler plate specifications, as provided by the City. The Contractor shall determine at -26- EXHIBIT "A" SCOPE OF SERVICES what completion stages (e.g. 30%/60%/95%/100%) of review preliminary and final plans are submitted for review. Final (100%) plans shall be provided to the City in hard copy permanent (mylar) media and in electronic format(AutoCAD 2000). Final (100%) project specifications shall be provided in hardcopy and electronic format (Microsoft Word 5.0). As part of this task item of work, the Contractor shall coordinate all required utility relocations, and shall coordinate with all affected utility companies and provide relocation plans and permits. The Contractor shall include plans, specifications and estimates for all aspects and phases of the construction of the project, including, but not limited to, the following: • Roadway Plans—The Contractor shall prepare street improvement plans, specifications and estimates necessary for the project, and shall address all findings from the Geotechnical Report (including pavement structural section analysis). Street improvement plans shall include plan and profile views; indicate existing and proposed grading and cuts or fills; provide drainage design and drainage solutions, as required by the Hydrology Report; indicate required traffic striping, signage and marking improvements; as well as all pertinent construction details. • Drainage/Flood Control Plans — The Contractor shall prepare storm drainage and flood control plans(as required)for at-grade low-water crossings within the Whitewater River Wash, and as required by any mitigation recommended by the approved Initial Study for the project. The Contractor shall be required to identify the extent of previous storm flows and damage incurred during the 2005 floods, and to recommend drainage and flood control improvements to protect the roadway improvements from damage during future 10-year to 25-year storm events, in consultation with the City Engineer. • Traffic Control Plans—The Contractor shall prepare traffic control plans for use by the City's contractor during construction of the project. The traffic control plans shall include stage construction and traffic handling, detours, construction area signs and temporary pavement delineation. • Miscellaneous Plans — The Contractor shall prepare any miscellaneous plans, including plans for NPDES Erosion Control and Dust Control, and utility relocations, as required. Task 2.1 Utility Coordination — The Contractor shall coordinate all modifications, changes, or relocations to existing utilities. Contractor shall make every effort to ensure that such changes are made prior to the start of construction. Contractor shall coordinate with utility owners to determine the number and location of all future utilities. Contractor shall prepare schedules and progress reports for all utility coordination efforts. Contractor shall prepare and review all relocation cost estimates. Contractor shall show the disposition of each utility (existing and planned) on the project plans. Contractor shall determine prior rights of all impacted utilities. Utility coordination efforts shall be consistent with APWA Joint Utilities Coordination Committee - Cities and Counties Utility Coordination Procedures. Specific tasks include: • Utility Contact List — The Contractor shall coordinate with the City to develop a list of -27_ EXHIBIT "A" SCOPE OF SERVICES potential impacted utility owners. • Utility"A"Plans—Utility"A" plans shall be prepared and distributed to all potentially impacted utility owners. These plans shall include proposed project limits, right-of-way limits, proposed roadway geometry, and visible features. Response from the utility owner shall be requested within 15 days of receipt of the "A" plans. As-built utility information and planned utility information shall be obtained and provided to the City for their records. In addition, Contractor shall contact the utility owner directly to verify the request has been received. During the design phase, Contractor shall contact the utility owner to resolve any conflicts as soon as they become apparent. Contractor shall arrange coordination meetings with the utility owners, as needed. Potholing shall be performed, as needed. • Utility"B"Plans—Utility"B"plans shall be prepared and distributed to all potentially impacted utility owners. These plans shall include 90% plans. In addition to the features shown in the "A" plans, the "B" plans shall include proposed right-of-way and all existing utilities. The "B" plans initiate any needed utility relocations. Utility owners shall be allowed 30 days to respond to the "B" plans on a standard response form that includes a description of utility conflicts and approximate relocation schedules. Utility owners shall be allowed 60 days after receipt of the "B" plans for the planning and engineering of any relocations. Contractor shall coordinate closely with the utility owners during this period. Utility coordination meetings shall be held, as needed. • Utility"C"Plans—Utility"C" plans shall be prepared and distributed to all potentially impacted utility owners. These plans shall include final plans showing proposed utilities, proposed relocations, and all features shown in the "A" and "B" plans. Utility owners shall respond within 10 days of receipt of the "C" plans, confirming their schedules for construction relocation. Task 2.2 35% Details —The Contractor shall prepare 35% details which shall include: roadway plan and profile, grading limits, typical sections, and signing and striping plans. Contractor shall prepare a list of construction bid items and a preliminary construction estimate. Task 2.3 60% Details — The Contractor shall revise the 35% details cost estimate per City corments. The remaining plan sheets shall be completed. A detailed construction cost estimate shall be completed. Task 2.4 95%PS&E—The Contractor shall revise the 60%details and construction cost estimate based on City comments and shall prepare technical special provisions. Task 2.5 100% PS&E — The Contractor shall revise the 95% PS&E based on City comments. _28_ EXHIBIT "A" SCOPE OF SERVICES TASK 3.0 ENVIRONMENTAL PERMITTING - The Contractor shall be responsible for obtaining all necessary environmental (regulatory) permits necessary for construction of the project. Contractor shall prepare and process applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act, and Section 1602 of the California Fish and Game Code. Section 401 permits are under the regulatory authority of the Regional Water Quality Control Board (RWQCB), Section 404 permits are under the U.S. Army Corps of Engineers (Corps), and Section 1602 permits are under the California Department of Fish and Game (CDFG). Section 7 Consultation is under the regulatory authority of the U.S. Fish and Wildlife Service (USFWS). This scope is based upon the assumption that the project will not qualify for a Corps Nationwide Permit, but will qualify for a Corps individual permit. Under the Nationwide Permit program, no individual crossing (or multiple crossings of a single watercourse)may exceed 0.5 acres of impact (typically,just permanent impacts are considered). The project is anticipated to have greater than 0.Ei acre of permanent impacts to jurisdictional waters. Permitting shall be accomplished with the following approach: • Initial Coordination with Regulatory Agencies -The Contractor shall schedule, arrange, and prepare any necessary materials for a pre-application consultation with the involved agencies. The objectives of the meetings would be to describe the proposed project, discuss permitting approach, and identify potential mitigation options. Contractor shall arrange meetings with representatives of the Corps, CDFG, and RWQCB. Contractorshall summarize and document the results of agency coordination in a letterformat. The letters will be submitted to the respective agencies and the City. Task 3.1 Permit Applications-Based on the results of the jurisdictional determination and the outcome of the initial coordination with the involved agencies, Contractor shall prepare and submit the! necessary permit application materials. • Section 404 Permit Application - The Contractor shall prepare permit applications accordingly. Each application packet will be reviewed with the project team and any required changes will be made prior to submittal to the respective agencies. It is anticipated that the permit application materials will include the following materials: The jurisdictional delineation; An Individual Permit Application, which includes cover letter to the Corps, an explanation of the project, description of impacts, site plans, graphics, and an Alternatives Analysis; A preliminary mitigation and monitoring plan based on Corps guidelines. The plan will include information on how on-site impacts will be mitigated to replace jurisdictional areas that will be lost; A final mitigation plan will be prepared and submitted following Corps review of the application packet. The final mitigation plan will incorporate appropriate conditions based on the Federal and State agency review and comment; Complete copies of the Section 401 and -29- EXHIBIT "A" SCOPE OF SERVICES 1602 applications will be included; and Contractor shall prepare all necessary graphics and other supporting materials. • Section 401 Water Quality Certification Application—The Contractor shall prepare written correspondence requesting water quality certification. The Contractor shall use information prepared for the Section 404 Permit Application to provide a complete project description. This will include the purpose, location, total site acreage, types of water bodies within the site, and total acres of waters of the U.S. Contractor shall prepare an assessment of water quality impacts addressing types of fill material to be discharged, impacts to beneficial uses of the water body, and any expected water diversions. Contractor shall include the following information: Standard Regional Board Application form; A complete copy of the Section 404 application will be included; A complete copy of the Section 1602 application will be included; A copy of the final environmental (CEQA)document forthe project must be included, including the certification of the final document; Other appropriate material as may be required by the RWQCB; Filing fee (to be paid by City) based on acreage of fill material to be deposited in jurisdictional waters ($2,150 per acre, expressed in hundredths of acres) with a $500 base price or $5.00 per linear foot, whichever results in the higher fee.) • Section 1602 Streambed Alteration Agreement—The Contractor shall submit the following materials to the CDFG: A standard CDFG Notification of Lake or Streambed Alteration; A CDFG Lake and Streambed Alteration Program B Project Questionnaire; A CDFG Wild and Scenic Rivers Evaluation Form; A copy of the report on the delineation of jurisdictional waters; A copy of the Section 404 application to the Corps; A copy of the Section 401 application to the RWQCB; A copy of the preliminary mitigation and monitoring plan prepared for the 404 application with a provision to submit the final plan upon its completion; A copy of the final environmental(CEQA)document forthe project must be included;Appropriate plans, exhibits, and maps; Filing fees are to be paid by the City, based on currently proposed revisions to California Fish and Game Code the filing fee is estimated in the proposed budget. Task 3.2 Section 7 Consultation — The Contractor shall provide any required Section 7 Consultation required to obtain a tiered Biological Opinion for this project. Task 3.3 NPDES/NOI — The Contractor shall prepare a Notice of Intent (NOI) to comply with applicable General Permits of the RWQCB associated with NPDES requirements. TASK 4.0 CONSTRUCTION BIDDING PHASE SUPPORT — The Contractor shall provide support to the City during construction bidding. The City will administer and coordinate the bidding procedures for the project. Construction bidding support shall include, but not be limited to, the following: Task 4.1 Pre-Bid Meeting—The Contractor shall attend and coordinate a pre-bid meeting to be scheduled in advance of the bid opening date and to occur atthe construction site.The Contractor shall monitorthe meeting and field all questions asked by bidders. Minutes of the pre-bid meeting shall be prepared and distributed to attendees within two days following the meeting. Note, this -30- EXHIBIT "A" SCOPE OF SERVICES item should be identified as an optional item, in the event a Pre-Bid Meeting is not scheduled for this project. Task 4.2 Bidding Interpretations—The Contractor shall review and respond to all inquiries and questions relating to plans and specifications during construction bidding. Discrepancies, errors or omissions within the plans and specifications shall be addressed by the Contractor through the issuance of addenda, prepared by the Contractor, and issued by the City Engineer. Task 4.3 Bid Review and Analysis — The Contractor shall obtain copies of submitted bids for review and analysis. Comparison of construction bids with the final Engineer's Estimate shall be performed.Analysis of submitted bids shall be conducted, and discrepancies and construction bid cost-overruns shall be determined. The Contractor, in consultation with the City Engineer, shall determine if construction bids are acceptable, or recommend re-bidding, as necessary. END OF EXHIBIT "A" -31- EXHIBIT "B" SPECIAL REQUIREMENTS Add the following to Section 2.0, Compensation: Section 2.3 Cost Principles. The Federal Acquisition Regulations in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. Add the following to Section 2.0, Compensation: Section 2.4 Travel and Subsistence Costs. All travel and subsistence costs shall be considered as included in the contract fee, and shall be reimbursed in accordance with the Department of Personnel Administration (DPA) guidelines for non-exempt State employees. 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. Section 6.2, Records, shall be amended to add the words"and State and Federal representatives" after and at the locations where the word "Contract Officer" appears; and the first part of the last sentence shall be revised to read: "Such records shall be maintained for a period of three (3) years following the date of final payment,...". Section 7.7, Liquidated Damages, is waived. Add the following to Section 7.0, Enforcement of Agreement: Section 7.11 Subcontracts. Any subcontracts or contractual arrangements ("subcontracts") between the Contractor and other parties ("subcontractors") entered into in the performance of this Agreement: to which the City is not named shall include all applicable provisions of this Agreement and the Contractor shall require that its subcontractors thereby comply with all such applicable provisions. Add the following to Section 9.0, Miscellaneous Provisions: Section 9.6 Administrative Requirements. This Agreement shall comply with all applicable provisions of the Uniform Administrative Requirements in Title 49, CFR 18. Add the following to Section 9.0, Miscellaneous Provisions: -32- EXHIBIT "B" SPECIAL REQUIREMENTS Section 9.7 Covenant Against Contingent Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Add the Following to Section 9.0, Miscellaneous Provisions: Section 9.8, Disadvantaged Business Enterprise (DBE) Requirements A. DBE Participation Requirements and Regulations General The DBE participation for this contract is 3 percent. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," in the award and administration of DOT-assisted contracts. The regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this contract. Noncompliance by the Contractor with the requirements of the regulations is a material breach of this contract and may result in termination of the contract or other such appropriate remedy as the City of Palm Springs deems appropriate. The Contractor shall include the following in each subcontract the Contractor signs with a subcontractor: 1. A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. 2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. 3. Contractors shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. B. Performance of DBE Contractors, Subcontractors and Suppliers -33- EXHIBIT "B" SPECIAL REQUIREMENTS DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor's response to the contract award requirements in Exhibit 15-G, "Local Agency - Bidder DBE — Information" of the Local Assistance Procedures Manual (LAPM), attached (as modified herein), unless the Contractor has received priorwritten authorization to perform the workwith otherforces orto obtain the materials from other sources as set forth in Paragraph G, "DBE Substitution and Additions", of this Article. C. Prompt Payment to DBE and Non-DBE Contractors The Contractor shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed subcontractors (DBE or non-DBE), or by the Contractor's own forces, pursuant to prior written authorization of the Contract Manager. This is the case even if other contract work is not completed and has not been accepted in conformance with the terms of the contract by the State. The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory performance of their contracts within ten (10) days from receipt of each payment from the City of Palm Springs made to the Contractor. D. Prompt Payment Progress Pay Retention to DBE and Non-DBE Subcontractors The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of the contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. E. DBE and Non-DBE Subcontractor Payment Records The Contractor in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of work. Upon completion of the contract, a summary of these records shall be prepared on Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the Local Assistance Procedures Manual (LAPM), (to be provided to the Contractor upon request), and certified correct by the Contractor or the Contractor's authorized i -34- EXHIBIT "B" SPECIAL REQUIREMENTS representative, and shall be furnished to the Contract Officer. The Exhibit shall be furnished to the Contract Officer with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. F. Penalty Assessed for Failure to Provide Subcontractor Payment Records Ten Thousand Dollars ($10,000) will be withheld from payment if Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM is not submitted. The amount will be paid to the Contractor when the form is submitted. G. DBE Substitutions or Additions The Contractor may not substitute, orterminate for convenience a DBE subcontractor, a supplier or — if applicable a trucking company, listed in the original bid/proposal without the prior written approval of the Contract Manager. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor's own forces. The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. The Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the contract. DBEs must be certified at the time of the substitution or addition. Contractors shall submit requests for substitution in writing to the Contract Officer. Authorization to use other subcontractors or suppliers may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this contract or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. ' -35- EXHIBIT "B" SPECIAL REQUIREMENTS 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract. 5. The listed DBE was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two working days after the bid opening and copies of that notice to both the subcontractor he or she claims to have listed in error and the intended subcontractor who had submitted a bid to the Contractor prior to bid/proposal opening. 6. The listed DBE was not licensed as required by the State of California Contractor's Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions. 7. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 9. When it is in the best interest of the City of Palm Springs. Priorto approval of the Contractor's request for substitution to the Contract Officer, the Contractor shall give notice in writing to the listed DBE subcontractorof the Contractor's request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to the Contract Manager. Failure to respond to a written objection shall constitute the listed subcontractor's consent to the substitution. H. Termination of a DBE In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Contractor shall not: 1.1 Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel), or those of an affiliate, unless the Contractor has received prior written authorization from the Contract Officer to perform the work with other forces or to obtain materials from other sources -36- EXHIBIT "B" SPECIAL REQUIREMENTS 1.2 If a DBE subcontractor is terminated orfails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. I. DBE Certification Status If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the contract,the subcontractor shall notify the Contractor in writing with the date of certification. Upon completion of the contract, the Contractor shall complete Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM, indicating the DBEs certification status and shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Contract Manager within 30 days from the date of completion of the contract. J. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies purchased from a DBE regulardealer, 60 percent ofthe cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regulardealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealerwill be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services. -37- EXHIBIT "B" SPECIAL REQUIREMENTS LOCAL AGENCY BIDDER - DBE INFORMATION (Exhibit 15-G, modified) CO. - RTE. - K.P.: 08 - RIV - 0 - Psp CONTRACT NO.: STPLN-5282(023) CONTRACT AMOUNT: $762,677.00 CONTRACTOR'S NAME: DOKKEN ENGINEERING DBE GOAL FROM CONTRACT: 3% DBE PRIME CONTRACTOR CERTIFICATION: NOT APPLICABLE Contract Item DBE Cert. Name of DBE's Dollar No. Amount DBE Surveying CT- ROW Base Map 006729 Aguirre & Associates $41,815.00 Plats & Legal Air& Noise Studies CT- VRPA Technologies, Inc. $7,920.00 012213 Total Claimed Participation 6.52% END OF EXHIBIT "B" -38- 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-rata 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 AND STUDIES Task 1.0, Project Management Task 1.1, Project Meetings $59,096.00 Task 1.2, Proiect Reports $1 950.00 Task 2.0, Planning and Project Development Task 2.1, Research and Data Gathering $2,832.00 Task 2.2, Surveys $42,115.00 Task 2.3 Preliminary Hydrology Report $17 736.00 Task 3.0, Preliminary and Concept Plans Task 3.1, Geometric Approval Drawings $7,310.00 Task 3.2, Right-of-Way Investigations $11,140.00 Task 3.3 Proiect Report $4 472.00 Task 4.0, Environmental Approval Task 4.1, Preliminary Environmental Study (PES) Form $3,380.00 Task 4.2, Purpose and Need Statement $880.00 Task 4.3(a), Natural Environmental Study (NES) $20,440.00 Task 4.3(b), Jurisdictional Delineation $13,280.00 Task 4.3(c), Water Quality Assessment $6,730.00 Task 4.3(d), Cultural Resources Assessment $17,740.00 Task 4.3(e), Visual Resource Analysis $5,250.00 Task 4.3(f), Air Quality Analysis $8,220.00 Task 4.3(g), Noise Analysis $4,550.00 Tank 4.3(h), Initial Site Assessment (ISA) $5,640.00 Task 4.3(i), Location Hydraulic Study & Floodplain Report $17,736.00 Task 4.3(j), Traffic Study $35,346.00 j Task 4.3(k), Biological Assessment $25,270.00 Task 4.3(I)(1), Focused Survey- Coachella Valley Giant Sand Treader Cricket $9,685.00 Task 4.3(I)(2), Focused Survey- Burrowing Owl $10,255.00 Task 4.3(I)(3), Focused Survey- Palm Springs Route-Tailed Ground Squirrel $13,965.00 Task 4.4, Screencheck Document $26,120.00 Task 4.5, Draft Document $4,260.00 Task 4.6, Responses to Comments $6,020.00 Task 4.7, Mitigation Monitoring Program $2,720.00 Task 4.8, Final Administrative Record $3,960.00 Task 4.9, Notice of Determination/Record of Decision $2,860.00 Phase 1 Subtotal $390,958.00 EXHIBIT "C" -39- SCHEDULE OF COMPENSATION Task Total Lump Sum PHASE 2 - CIVIL ENGINEERING DESIGN Task 1.0, Final Design Reports & Studies Task 1.1, Geotechnical Design Report $21,440.00 Task 1.2, Right-of-Way Services $2,400.00 Task 1.2(a), Management, Caltrans & FHWA Coordination $10,006.00 Task 1.2(b), Real Estate Appraisals $21,000.00 Task 1.2(c), Appraisal Review $5,000.00 Task 1.2L1 Right-of-Way Acquisition $21,335.00 Task 2.0, Plans, Specifications & Estimate (PS&E) Task 2.1, Utility Coordination $20,848.00 Task 2.2, 35% Details $69,020.00 Task 2.3, 60% Details $45,990.00 Task 2.4, 95% PS&E $69,020.00 Task 2.5, 100% PS&E $10,226.00 Task 3.0, Environmental Permitting Task 3.1, Permit Applications $43,480.00 Task 3.2, Section 7 Consultation $8,960.00 Task 3.3, NPDES/NOI $2 060.00 Task 4.0, Bid Support $2,504.00 Task 4.1, Pre-Bid Meeting $1,050.00 Task 4.2, Bidding Interpretations $0.00 Task 4.3 Bid Review and Analysis $558.00 Phase 2 Subtotal $354,897.00 Grand Total of Contract $745,855.00 END OF EXHIBIT "C" I -40- 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 requirementto coordinate and obtain approvals by other agencies, including but not limited to, Caltrans and FHWA, may cause the term of this contract to exceed initial project schedule estimates. The term of this contract shall automatically extend until such time as required approvals are obtained and all services identified in Exhibit "A" are completed. Phase 1 shall be completed within a time frame required to obtain FHWA approval of an Environmental Document for the project (length undetermined). Phase 1, Task 1 shall be completed as required throughout the duration of Phase 1. Phase 1, Task 2 shall be completed within 50 working days of receipt of a Notice to Proceed for Phase 1 from City. Phase 1, Task 3 shall be completed within 225 working days of receipt of a Notice to Proceed for Phase 1 from City. • Phase 1, Task 4 shall be completed within a time frame required to obtain FHWA approval of an • Environmental Document for the project (length undetermined). Phase 2 shall be initiated upon receipt of a Notice to Proceed from the City following FHWA i approval of an Environmental Document for the project. Phase 2, Task 1 shall be completed as required by the City, Caltrans and FHWA, as necessary to acquire necessary right-of-way (if any), and shall be completed prior to completion of Task 2. Phase 2, Task 2 shall be completed within 140 working days of FHWA approval of an Environmental Document for the project. Phase 2, Task 3 shall be completed as required by the City and other regulatory agencies, as necessary to acquire necessary construction permits, and shall be completed priorto completion of Task 2. Phase 2, Task 4 shall be completed as required throughout the duration of construction. -41- Page 1 of') Kathie Wart From:- Troy Butzlaff Sent; February 22, 2006 11:27 AM To: Carrie Rovney; Kathie Hart Subject: RE: Insurance -A5235 - Dokken Eng Ladies: Based on Carrie's email I now understand the type of insurance we are dealing with. I am comfortable with Professional Liability as a comparable substitute for E&O insurance. My mistake, I should have read Kathi's email a little closer. Regards, Troy 1445�q o`• `O Troy L. Butzlaff ? " Assistant City Manager City of Palm Springs 3200 E Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 2743 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD: (760) 864-9527 www.ci.palm-sPnngs.ca.us Troy�ci.palm-springs ca.us From: Carrie: Rovney Sent: Wednesday, February 22, 2006 11:21 AM To: Kathie Hart Cc: Troy Butzlaff Subject: RE: Insurance - A5235 - Dokken Eng kathie, the insurance certificate provides the city with E&O, which is called "Professional Liability" (the last item on the Insurance certificate). E&O otherwise known as errors and omissions is the incorrect term for"Professional Liability". Dokken has provided us with the required insurance. � or yc l�or^io ',-�ovnoy From: Kathie Hart Sent: Wednesday, February 22, 2006 11:19 AM To: Carrie Rovney Subject: FW: Insurance - A5235 - Dokken Eng Carrie — see Troy's note. 02/22/06 Page 2 of 3 I'll be sending the agreement back to you till we have E & O. O i Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Kathiell@ci palm springs.ca.us Office (760) 323-8206 Fax (760) 322-8332 From: Troy Butzlaff Sent: February 22, 2006 10:23 AM To: Kathie Hart Cc: Jay Thompson Subject: RE: Insurance - A5235 - Dokken Eng No. If the agreement stipulates that E&O insurance is required then I am not willing to waive that requirement without Council approval. Please have the issuing Department contact me to discuss. Regards, Troy yiAM Y� D f S Troy L. Butzlaff Assistant City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 2743 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD: (760) 864-9627 www.ci. alms nngs.ca.us Tro B ci.paI—spnngs_ca.us From: Kathie Hart Sent: Wednesday, February 22, 2006 8:33 AM To: Troy Butzlaff Cc: Jay Thompson Subject: Insurance - A5235 - Dokken Eng Troy: Dokken's agreement calls for errors and omissions ( E & O) insurance in the amt of$1 m. The cert of ins does not include E & O; however, they have professional liability - $1 m per occurrence and $3m annual aggregate. 02/22/06 Page 3 of 3 Is this acceptable? Please advise. ThA -cWpaC lip Kathie Hart, CMc Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 KathieHH ci.palm-s rin s.ca.us Office (760) 323-8206 Fax (760) 322-8332 02/22/06 I , , Client#:654 DOKKEENGI ACCWD,. CERTIFICATE OF LIABILITY INSURANCE 01ATE(IMM /27/060 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604.2675 510 465-3090 INSURERS AFFORDING COVERAGE ENsueao �INSURER A: United States Fidelity&Guaranty_ _ Dokken Engineering Inc INSURER B American Automobile Ins.Co. 2365 Iron Point Road,Suite 200 INSURERc' Hudson Insurance Company Folsom,CA 95630 INSURER D INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE dWDD LIMITS DATE MMIODIYV A GENERAL LIABILITY BKO1804219 05/12/05 05/12/06 EACH OCCURRENCE $1.000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $1000000 CLAIMS MADE YOCCUR MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'LAGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG $2,000,000 POLICY X PRO LOC ECT A AUTOMOBILE LIABILITY BA01805289 05/12/05 05/12/06 COMBINED SINGLE LIMIT $1,GGG,GGG X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Par accltlenl) PROPERTY DAMAGE $ (Peraccldenl) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY AGG $ A EXCESS LIABILITY BKO1804219 05/12/05 05/12/06 EACH OCCURRENCE $4,000,000 AXI OCCUR 1-1 CLAIMS MADE AGGREGATE s4,000,000 $ DEDUCTIBLE $ X RETENTION $10000 S B WOP.KER$COMPENS.ATION.AND W7p80932124 07/01/05 07/01/06 X TW sTATu- TH- YUMSIT OR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 EL DISEASE_EAEMPLOYEE $1,000,000 EL.DISEASE-POLICYLIMIT $1,000,000 C OTHER Professional AEE7114400 03113/05 03/13/06 $1,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability excludes claims arising from professional services. Re: Indian Canyon Drive Widening Tramview Road to the Union Pacific Railroad Bridge(DE-1569). Certificate holder is an additional insured for General Liability per form CLBF2240 attached. CERTIFICATE:HOLDER MOTIONAL INSURED;INSURER LETrER: _ CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3G—DAYS WRITTEN Attn: Marcus L.Fuller,P.E., P.L.S. NOTICE TOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BUT FAILURE TO DOSOSHALL Assistant Director of Public Works IN POSE NOODLIGATIONORLIABILRYOF ANY KIND UPON THEINSURER,ITS AGENTS OR 3200 E.Tahquitz Canyon Way REPRESENTATIVES. (Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25-S 1[7/97)1 of 1 #M130468 NMF a ACORD CORPORATION 1938 y ` x . x \: . 7 � Policy Number: SK01804219 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 01/27/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Palm Springs Attn: Marcus L. Fuller, P.E. , P.L.S . Assistant Director of Public Works 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. Re: Indian Canyon Drive Widening Tramview Road to the Union Pacific Railroad Bridge (DE-1569) . City of Palm Springs is additional insured for General Liability. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. -- - CL/BI= 22 40 03 95 Best's Rating Center - Search Results Page 1 Page 1 of 1 zIV+F+ te LL View Ratings:Fin ncial Strength Issuer Credit Secsities Advanced_Search Other Web Centers Select One search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with United States Fidelity To refine your search, please use our Advanced Search or view our Online Help for more information. [New searcn United stales Fidelity View results starting with: A B C D E F G H I J K L M N O P O R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings n j Outlook/ Outlook/ + AMB# + Company Name + Rating + Implication Long-Term + Implication + Short-Term + Be 02539 United States Fidel antl Guaranty Co A+ Stable aa- Stable US (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0212112006 11:19 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Gl note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * Denotes Under Review Best's Ratings Visit Best's Ratina Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Man I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2006 A M.Best Company,Inc All rights reserved. A.M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,Us A http://www3.amhest.com/ratings/RatingsSearch.asp?AltSrc=9 2/210006 Best's Rating Center - Search Results Page 1 Page 1 of 1 tF Tn l a ... ire lterr - �y View Ratings.Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with American Automobile Insurance To refine your search, please use our Advanced Search or view our Online Help for more information. New search American Automobile Ineuranc View results starting with: A Q C D E F G H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings ` Outlook/ Outlook/ "r AMBN T Company Name '•' Rating Implication •' Long-Term '* Implication Shod-Term T Dc 02176 American Automobile Insurance_Company A Stable a Stable US (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0212112006 11:19 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Gl $note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. (Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile,These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders View our entire notice for complete details Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Man I Privacy Poll c I Securdv_I Terms of Use I Legal&Licensing Copyright©2006 A.M.Best Company,Inc.All rights reserved. A M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S.A. http://www3.amhest.com/ratings/RatingsSearch.asp?AltSrc=9 2/21/2006 Best's Rating Center- Search Results Page 1 Page 1 of 1 .qRatINO`:.,, rrl�" +y sy i t4t hpj `iw, View Ratings'Finani al Strenoth Issuer Credit Securities Advanced Search Other Web Centers Select One - search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Hudson Insurance To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Hudson Insurance View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ r „ AMBH + Company Name '+ Rating '+ Implication Long-Term •' Implication •" Shorl-Term " Dc 03081 Hudson Insurance Company A Stable a Stable US (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 02/21/2006 11:19 AM E.S.T. Financial Strength Ratings(FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Gi $note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Into I Careers About A.M.Best I Site Map I Privacy,Policy I Security I Terms of Use I Legal&U resin Copyright©2006 A M.Best Company,Inc.All rights reserved A M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U S A. http://www3.ainbest.com/ratings/RatingsSe,trch.asp?AltSrc=9 2/21/2006 CONTRACT ABSTRACT Contract Company Name: Dokken Engineering Company Contact: Matt Salveson Summary of Services: CP901-25, Indian Canyon Drive Widening thru WW Wash Contract Price: $745,855 Funding Source: 261-4491-50216/134-4497-50216 Contract Term: Per Exhibit D of Agreement (until all tasks are completed) Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Marcus Fuller Contract Approvals Council/Conunt r4geney Approval Date: February 15, 2006 Minute Order/Resolution Number: 7812 Agreement Number: 5235 _Contract Compliance Exhibits: G -CC�cc<Z CZ Signatures: Insurance: Bonds: GC/��ritr / Contract prepared by: �//yUGx � Submitted on: o Az 1 /O! By: (Z1& , , 4AL&j S M E M O R A N D U M 01Zj C)?, TO: Carrie Rovney, Engineering FROM: �I� Kathie Hart Chief Deputy City Clerk DATE: February 23, 2006 SUBJECT: Dokken Engineering —A5235 (Indian Canyon Drive widening — CP 01-25) cc: File Attached is a duplicate original copy of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment