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CgIIFORN`P City Council Staff Report
CITY COUNCIL FEBRUARY 15, 2006
CONSENT CALENDAR
Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE
WIDENING, TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD
BRIDGE, (THROUGH THE WHITEWATER RIVER), FEDERAL PROJECT
STPLN 5282(023), CITY PROJECT 01-25
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City of Palm Springs was the recipient of $2,199,000 in 2002 discretionary State
Transportation Improvement Program (STIP) federal funds for the widening of Indian
Canyon Drive through the Whitewater River. However, due to the state's budget
shortfalls experienced since 2002, all discretionary STIP funding for public projects were
taken from local agencies. Subsequently, the Riverside County Transportation
Commission (RCTC), made federal funding from the Surface Transportation Program
(STP) available to those local agencies that had previous STIP funding for public
projects. Following the City's authorization to proceed from Caltrans, who administers
the City's federal grant funds, the City solicited proposals from consultants for
environmental and civil engineering design services for this project. After a competitive
consultant selection process, the City selected Dokken Engineering and negotiated the
proposed contract services agreement.
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RECOMMENDATION:
1) Adopt Minute Order No. , approving Agreement No. with Dokken
Engineering in the amount of $745,855.00 for environmental and civil
engineering design services related to the Indian Canyon Drive Widening,
Tramview Road to the Union Pacific Railroad Bridge (through the Whitewater
River), Federal Project STPLN 5282(023), City Project 01-25; and
2) Authorize the City Manager to execute all necessary documents.
ITEM NO. 2'�._
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City Council Staff Report
February 15, 2006 - Page 2
Indian Canyon Drive Widening —Dokken Engineering Contract
STAFF ANALYSIS:
The City of Palm Springs submitted a grant application in 2001 to the Riverside County
i Transportation Commission (RCTC) for discretionary State Transportation Improvement
Program (STIP) federal funds for the widening of Indian Canyon Drive from 2 to 4 lanes
through the Whitewater River. The grant process was competitive throughout Riverside
County, and the City's application was approved, earmarking $2,199,000 in STIP
federal funds to this project. The local match of $1,125,000 for this project was
j allocated from Regional Measure A funding, made available through a Reimbursement
Agreement subsequently approved by the City and the Coachella Valley Association of
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Governments (CVAG).
In October 2002, staff submitted to the California Transportation Commission (CTC) a
request for funding allocation of STIP funds for the initial phase of this project
(preliminary planning and environmental approvals). The CTC never took action on the
j City's request, and by November 2002, the state of California stripped all discretionary
STIP funds from local agencies in an effort to balance the state's budget. Since that
time, all public projects that had been funded with STIP funds have languished, or have
I been funded with other sources of revenue.
For Riverside County STIP funded projects, RCTC offered a compromise, and asked
local agencies to consider switching funding of projects that had discretionary STIP
funds with Surface Transportation Program (STP) federal funds, with the hope that STP
funds would be made available sooner than STIP funds from the state. That hope was
realized, and RCTC advised City staff in March 2005 that there were unallocated STP
funds available for public projects in Riverside County. Accordingly, staff submitted a
request for authorization to proceed with the preliminary engineering phase for this
i project to Caltrans on April 14, 2005. On July 11, 2005, staff was notified that the
request for authorization had been approved by the Federal Highway Administration
(FHWA).
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Subsequently, staff prepared a Request for Proposals (RFP) for environmental and civil
engineering design services to solicit consultants for this project. The RFP was
i published and made available to firms through the City's Division of Procurement and
j Contracting, and by the October 7, 2005, deadline, proposals from the following firms
were received:
David Evans and Associates, Inc.; Ontario, CA
i Dokken Engineering; Folsom, CA
Katz, Okitsu &Associates; Monterey Park, CA
Parsons Brinckerhoff Quade & Douglas, Inc.; San Bernardino, CA
Following review of the proposals by a Selection Committee, a clear consensus of
Dokken Engineering as the top ranked firm was made. The Selection Committee, in
accordance with federal rules regarding consultant selection process, determined that
City Council Staff Report
February 15, 2006 - Page 3
Indian Canyon Drive Widening—Dokken Engineering Contract
final interviews were not necessary based on its clear determination of a top ranked
firm. The selection was based on Dokken Engineering's thorough understanding of the
project area, federal processes related to environmental clearances and regulatory
agency coordination, and more specifically, would facilitate a seamless match between
the Indian Avenue/Interstate 10 Interchange, Indian Canyon Drive UPRR Bridge
Widening, and the Indian Canyon Drive Widening (through the Whitewater River)
designs, being the consultant on all three City projects.
Federal rules require that when contract services agreements exceed $250,000, a pre-
award audit of the selected consultant must be performed. Following contract
negotiations, staff prepared the proposed contract services agreement for
! environmental and civil engineering design services with Dokken Engineering in an
amount not to exceed $745,855. The contract was submitted to the Caltrans
Department of Audits and Investigations for review, and on January 5, 2006, Caltrans
authorized staff to proceed with award of the proposed contract. Matthew Salveson, a
Principal of the firm, will be the Project Manager and coordinate all professional services
for the City.
FISCAL IMPACT: IFinance Director Review:
cd
This project, which is initially estimated to cost $3,324,000, is funded in part (66.08%)
by STP federal funds, with the remaining portion (33.92%) funded by Regional Measure
A funds. The proposed contract amount of $745,855 for environmental and civil
engineering design services will be funded by $263,000 of STP federal funds from
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account 261-4491-50216, and by $482,855 of Regional Measure A funds from account
134-4497-50216 pursuant to a previously approved Reimbursement Agreement
between the City and CVAG. No City funds will be required to finance the proposed
contract.
David J. Barakian Thomas J. Wil n
Director of Public Works/City Engineer Assistant City/Nanager
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(David H. Ready, City Meer
ATTACHMENTS:
1. Agreement
2. Minute Order
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ATTACHMENT
AGREEMENT
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Indian Canyon Drive Widening
Tramview Road to the Union Pacific Railroad Bridge
(through the Whitewater River)
City Project 01-25
Federal Project STPLN-5282(023)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of , 2006, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (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 law for the performance
of the services required by this Agreement. Contractor shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the 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.
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1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a)has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,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
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contract amount of Seven Hundred Forty-Five Thousand Eight Hundred Fifty-Five Dollars
($745,855.00) (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
reproduction costs,telephone expense,transportation expense approved bythe Contract Officer
in advance, and no other expenses and only if specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contractor at all project meetings reasonably
deemed necessary by the City; Contractor shall not be entitled to any additional compensation
for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the
services to be provided pursuant to the Scope of Services may be more costly or time consuming
than Contractor anticipates, that Contractor shall not be entitled to additional compensation
therefore, and the provisions of Section 1.8 shall not be applicable for such services.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later
than the first (1s`) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s)established in the"Schedule of Performance"attached hereto as Exhibit"D", if any,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force 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
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performance of this Agreement, however caused, Contractor's sole remedy being extension of
the Agreement pursuant to this Section.
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3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,
this Agreement shall continue in full force and effect until completion of the services but not
exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Matt 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.
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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)or equivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
an amount which fully complies with the statutory requirements of the State of California and
which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a peroccurrence basis with a single limit liability in the amount of$1,000,000 bodily and
property damage. Said policy shall include coverage for owned, non-owned, leased and hired
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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 bythe 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 or willful misconduct of the City, its officers, agents or employees,who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
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(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. Concurrently with execution of this Agreement, Contractorshall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City, which secures the faithful performance of this Agreement, unless such
requirement is waived by the Contract Officer. The bond shall contain the original, notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or 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 by the City Manageror designee of the City Manager due to unique
circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement create an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination
of increased coverage by the City Manager to the City Council of City within ten (10) days of
receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Resorts. 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. Forthis 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
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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
cure of such default within forty-five (45)days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with
the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein shall limit
City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement)(i)any amounts the payment
of which may be in dispute hereunder or which are necessary to compensate City for any losses,
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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 underthis 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 Priorto Expiration Of Term. This Section shall govern any termination
of this Agreement except as specifically provided in the following Section fortermination forcause.
The City reserves the right to terminate this Agreement at any time, with or without cause, upon
thirty (30) days written notice to Contractor, except that where termination is due to the fault of
the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time, with or without cause, upon sixty (60) days written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
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I
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 maywithhold 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-IiabilityofCity Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Contractor or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects his financial interest or the financial interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given
and will not pay or give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against 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
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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
any,and all previous negotiations,arrangements, agreements and understandings, if any,between
the parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
(SIGNATURES ON FOLLOWING PAGE)
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i
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS,
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROV [� TO FORM
By:_ �✓� "L --
ity Attorney
AC OR: Do CONTRkken Engineering �
Check one: _Individual_Partnership ;, Corporation 4
Signature(nofarize Sign r (notarized)
Name: ✓t-,l r?' . .11- - t d✓� Name:
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Title:
(This Agreement must be signed in the above space by This Agreement must be signets 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 State of G44r2o-,.lwe14-
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County of-�C Fc^��,, r G Iss County of.<re.RAw%t&f-7Z, s
before me, ..�n u,�n 2. .Mrxmat�' before me, `T- Y, I, Aril maw
personally appeared 9! cii- Zn `.% personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and offi�L ,r WITNESS my hand and official eal.
Notary Signature �f Notary Signature
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Notary S al f Notary S al '`
j JOHN R. AMBROSE JOHN R. AM SE
a ' COMM, k1360671 m j a
COMM. M7360671 Cu
NotaryPublic•Caliternia v
m= m Notary Public-California m'
SACRAMEN7000UNTY SACRAMENTOCOUNTY
w" My Comm.Exµ July 2,2006 My Comm.Exp.July 2,2006
I
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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
with 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 Contractorshall prepare budgets foreach task and milestone forthe project;
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 adjust the 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
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EXHIBIT "A"
SCOPE OF SERVICES
I
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 for the 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 Contractor shall 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.
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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 for their 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.
Task3.2 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:
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EXHIBIT "A"
SCOPE OF SERVICES
jGeotechnical 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.
Task 4.2 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.
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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.
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
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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 II, 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 repositoryfor 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 for any 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
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
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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.
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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
store, 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.
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Task 4.4 (1) 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 study shall 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 orenvironmental 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, or that 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).
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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 orregional 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
he 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
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.
• Future Conditions Operational Analysis —The Contractor shall document the LOS results
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
1-10 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
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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 level
of significance.
The Screencheck EMS will be provided to agencies for review and comment. The Screencheck
EMS 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.
Task 4.5 Draft Document—The Contractor shall draft the EA/IS for public review. The EMS
has a critical objective of providing a means by which the general public and responsible agencies
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'
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comments will be incorporated into the response to comments document, which will be submitted
to Caltrans as an appendix in the EMS for use in public hearings.
Contractor shall also prepare the draft Mitigated Negative Declaration(MND)Sheet for attachment
to the EA/IS.
Task 4.7 Mitigation Monitoring Program—The Contractor shall 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 a "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:
Tasty; 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 Geotechnical 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
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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 frorn
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
domain 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.
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• Inspect each property personally with the owner(if possible)and documentthe 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.
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
scale 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
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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 W hitewater 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
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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
comments. 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.
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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
0.5 .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.
Contractor shall summarize and documentthe 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
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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 for the 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
supportto the City during construction bidding. The Citywill administerand 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 at the construction site. The Contractor
shall monitor the 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
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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"
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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 Damaqes, 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:
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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
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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 prior written authorization to perform the work with other forces or to 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 malntalning 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
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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.
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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
Contractorshall 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
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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 of the 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 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.
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i
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"
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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 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
Tasty; 3.1, Geometric Approval Drawings $7,310.00
Task; 3.2, Right-of-Way Investigations $11,140.00
Task 3.3 Project 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
Task 4.3(h), Initial Site Assessment (ISA) $5,640.00
Task 4.3(i), Location Hydraulic Study & Floodplain Report $17,736.00
Task 4.3(j), Traffic Study $35,346.00
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"
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I
i
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-of-Way Acquisition T,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"
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I
I
i
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
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 prior to completion
of Task 2.
Phase 2, Task 4 shall be completed as required throughout the duration of construction.
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MINUTE ORDER NO.
APPROVING AGREEMENT NO. WITH
DOKKEN ENGINEERING IN THE AMOUNT OF
$745,855.00 FOR ENVIRONMENTAL AND CIVIL
ENGINEERING DESIGN SERVICES RELATED TO
THE INDIAN CANYON DRIVE WIDENING,
TRAMVIEW ROAD TO THE UNION PACIFIC
RAILROAD BRIDGE (THROUGH THE
WHITEWATER RIVER), FEDERAL PROJECT
STPLN 5282(023), CITY PROJECT 01-25
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving Agreement No. with Dokken Engineering in
the amount of $745,855.00 for environmental and civil engineering design
services related to the Indian Canyon Drive Widening, Tramview Road to the
Union Pacific Railroad Bridge (through the Whitewater River), Federal Project
STPLN 5282(023), City Project 01-25, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 15th day of
February, 2006.
James Thompson, City Clerk