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rgOFORIO CityCouncil Staff Re oI/^t
Date: May 4, 2011 CONSENT CALENDAR
Subject: BELARDO ROAD BRIDGE AND ROADWAY PROJECT
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
This item will approve various actions allowing the City to proceed with the construction
phase of this project.
RECOMMENDATION:
1) Approve the plans, specifications, and working details for the Belardo Road
Bridge and Roadway Project, Federal Project No. PLHL-5282(020), City Project
No. 87-49, and authorize the bid process; and
2) Approve Agreement No. , a "Subcontractor Services Agreement" between
the City of Palm Springs and the Agua Caliente Band of Cahuilla Indians; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On May 18, 2001, the City and Agua Caliente Band of Cahuilla Indians (Tribe)
submitted a joint application to the Federal Highway Administration (FHWA) for Federal
Public Lands Highway Discretionary (PLHD) funds to construct the Belardo Road Bridge
and Roadway Project. With the support of local, state and federal representatives, the
City was successful in being awarded $3,000,000 in PLHD funds for this project.
As the City and Tribe collectively contributed to and are partners in this project, a
Memorandum of Understanding (MOU) between the City and Tribe regarding oversight
of this project was approved June 19, 2002. The MOU outlines the responsibilities of
both the City and Tribe, with the Tribe coordinating the environmental and right-of-way
phases, and the City coordinating the design and construction phases.
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City Council Staff Report
May 4, 2011 - Page 2
Belardo Road Bridge& Roadway Project(City Project 87-49)
The City adopted a Mitigated Negative Declaration for this project on May 27, 2009.
Subsequently, the City and Tribe coordinated on right-of-way acquisition for the project,
which was completed in August 2010.
As a federally funded project, this project has oversight by the state through the
California Department of Transportation ("Caltrans"). Caltrans coordinates all federal
funding on local road projects. On March 29, 2011, Caltrans authorized the City to
proceed with construction of this project.
The plans and specifications have been prepared by the City's engineering consultant
(Dokken Engineering), are ready for Council approval and the subsequent
advertisement for construction bids. Section 7.03.040 of the Procurement and
Contracting Code requires that for public projects in excess of $100,000 Council
approve and adopt the plans, specifications and working details, and authorize staff to
advertise for construction bids.
In addition to the $3,000,000 federal grant obtained for this project, the Tribe has
agreed to provide additional funding for this project through federal funds it receives
through the Indian Reservation Roads ("IRR") Program. The City previously entered
into two MOU's with the Tribe related to receiving IRR funds from the Tribe on this
project. A final funding agreement is necessary to formalize the Tribe's reimbursement
to the City of costs for this project.
FISCAL IMPACT:
The total estimated cost of the construction phase of this project (including construction
inspection and administration, and contingencies) is estimated at $4,351,942, Of the
original $3,000,000 PLHD federal grant, $2,325,194 remains available for construction
(prior funds were used for the environmental and design phases). This leaves a
balance of $2,026,748 to be funded with local funds. However, the Tribe has agreed to
provide funding for this project with its own federal IRR funds. A maximum of
$2,035,362 in IRR funding is available to the City pursuant to the funding agreement
recommended for approval. Therefore, if final costs do not exceed estimated costs, no
City funds will be required for this project as costs are either covered with the federal
PLHD grant or with the Tribe's IRR funds.
City Council Staff Report
May 4, 2011 - Page 3
Belardo Road Bridge& Roadway Project(City Project 87-49)
SUBMITTED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Witson, Asst. City Manager David H. Readg, ify 1Glanager
Attachments:
1. Agreement
3
SUBCONTRACTOR SERVICES AGREEMENT
This AGREEMENT, made and entered into this _ day of 2011, by and
between Agua Caliente Band of Cahuilla Indians, a federally-recognized Indian Tribal
Government ("TRIBAL GOVERNMENT"), with offices at 5401 Dinah Shore Drive, Palm
Springs, California, 92264 and the City of Palm Springs ("SUBCONTRACTOR"), a
municipal corporation, with its offices at 3200 East Tahquitz Canyon Way, Palm
Springs, CA 92262.
1. Scope of Work
1.1 SUBCONTRACTOR is to furnish services as outlined in Exhibit 'A," attached
hereto, to the TRIBAL GOVERNMENT.
1.2 SUBCONTRACTOR shall be an independent contractor and is responsible for
the manner, means, methods, materials, licenses, permits, fees, employer's and
other taxes, royalties, health and safety precautions, workers' compensation
policy, and other conditions and qualifications necessary to perform the services
and achieve the results required to professionally and competently furnish and
complete the services outlined in Exhibit "A" hereto. SUBCONTRACTOR shall
not be deemed an agent for, or engaged in a joint venture with, the TRIBAL
GOVERNMENT.
2. Performance Standards and Other Conditions
2.1 All work performed by SUBCONTRACTOR shall be performed in accordance
with industry practices and professional standards for similar professional
consulting services. SUBCONTRACTOR agrees that it will retain the services of,
at its own expense, all personnel reasonably necessary to timely and
competently perform the services required by this AGREEMENT. All work
required, and to be performed hereunder, shall be performed by fully qualified
personnel and such personnel shall be authorized and licensed under applicable
Tribal, federal and state laws to perform such work.
2.2 In addition to personnel employed directly by SUBCONTRACTOR,
SUBCONTRACTOR shall have the right to engage such subcontractors as it
may deem appropriate, qualified and reasonably necessary to the performance
of its services hereunder with the prior written approval of the TRIBAL
GOVERNMENT, which shall not be unreasonably withheld.
2.3 SUBCONTRACTOR shall schedule and perform its work with due diligence and
in character, sequence and timing so that it will be coordinated with that of the
TRIBAL GOVERNMENT.
2.4 SUBCONTRACTOR shall not be liable for any delays or other non-performance
resulting from circumstances or causes beyond its reasonable control, including
752833.1
without limitation, fire or other casualty, Act of God, strike or labor dispute, war or
other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
3. Compensation
3.1 SUBCONTRACTOR shall be fully compensated for SUBCONTRACTOR'S and
its subcontractors' services provided under this AGREEMENT by the payment of
the sums set forth in Exhibit "A" hereto.
3.2 The compensation paid to SUBCONTRACTOR shall be considered as payment
in full for the work product provided to TRIBAL GOVERNMENT under this
AGREEMENT.
4. Payments
4.1 Between the 15t and the 10th of each month, SUBCONTRACTOR shall submit
invoices to the TRIBAL GOVERNMENT for payment of services provided during
the previous month.
4.2 Invoices for services are subject to approval of and full audit by the TRIBAL
GOVERNMENT.
4.3 The TRIBAL GOVERNMENT will pay the SUBCONTRACTOR's proper invoices
within 15 days of receipt.
5. Additional Work
5.1 From time to time, the TRIBAL GOVERNMENT may change, alter or modify the
scope of work provided by SUBCONTRACTOR under this AGREEMENT,
provided that City is compensated for all work performed prior to alteration or
modification of the scope of work.
6. Term and Termination
6.1 This AGREEMENT shall remain valid until such time as the services outlined in
Exhibit "A" are completed, unless sooner terminated in accordance with the
terms hereof.
6.2 The TRIBAL GOVERNMENT or SUBCONTRACTOR may each terminate this
AGREEMENT at any time upon breach of this AGREEMENT by the non-
terminating party, provided that the terminating party provides the other party at
least thirty (30) days written notice of such termination.
6.3 In the event of such termination, the TRIBAL GOVERNMENT's sole liability will
be to pay SUBCONTRACTOR for work performed up to the date of termination in
accordance with the terms of this AGREEMENT.
752833.I 2
5
6.4 In the event of such termination, the SUBCONTRACTOR shall immediately
deliver all completed work product and all work-in-progress to the TRIBAL
GOVERNMENT. No closeout payments shall be payable to SUBCONTRACTOR
until all such deliveries are completed.
6.5 In the event of termination, there shall be no liability on the part of either party
hereto for lost revenues or lost profit for unperformed services.
7. Special Provisions
7.1 SUBCONTRACTOR shall be responsible for complying with all applicable Indian
Reservation Roads (IRR) and Federal Acquisition Regulations including, but not
limited to, Davis Bacon Act provisions.
8. Records
8.1 Records of SUBCONTRACTOR's direct and indirect labor costs, payroll costs,
and each reimbursable expense pertaining to work performed hereunder will be
kept by SUBCONTRACTOR in a generally recognized accounting format, copies
of which shall be forwarded as supporting documentation for all invoices
submitted to the TRIBAL GOVERNMENT.
8.2 SUBCONTRACTOR shall maintain all records pertaining to the Scope of Work in
legible and useable form. Original records shall be retained by
SUBCONTRACTOR or forwarded to the TRIBAL GOVERNMENT in accordance
with any applicable Tribal, state and federal guidelines.
8.3 All designs, as built drawings, specifications, notes, and other work developed in
the performance of this AGREEMENT shall be and remain the joint property of
the TRIBAL GOVERNMENT and SUBCONTRACTOR and may be used on any
other work without additional compensation under this AGREEMENT. The
TRIBAL GOVERNMENT and SUBCONTRACTOR reserve a royalty-free,
nonexclusive, and irrevocable license to produce, publish, or otherwise use, for
general purposes, the copyright or any other intellectual property right in any
work developed under this AGREEMENT, or a subcontract under this
AGREEMENT, and any rights of copyright or any other intellectual property right
which the SUBCONTRACTOR, or its subcontractors, under this AGREEMENT
purchases through this AGREEMENT.
8.4 SUBCONTRACTOR shall provide a report on a Quarterly Basis, not later than
five (5) days after the end of each calendar quarter, which contains the following
information:
8.4.1 the total amount of funds received from the TRIBAL GOVERNMENT; and
8.4.2 a detailed list of all activities for which IRR funds were expended,
including: the name of the activity, a description of the activity, an
evaluation of the completion status of the services outlined in Exhibit "A."
752833.1 3
9. Insurance
9.1 After the execution of this AGREEMENT, SUBCONTRACTOR, and any
subcontractor of the SUBCONTRACTOR, shall furnish the TRIBAL
GOVERNMENT with copies of insurance policies (reflecting that they have
obtained insurance) in the amounts and of the types specified in Exhibit "B"
hereto.
10. Indemnification
10.1 SUBCONTRACTOR hereby agrees to fully defend, indemnify and hold the
TRIBAL GOVERNMENT harmless from and against any and all claims, suits,
actions, damages, loss, liability or costs of every nature or description (including
reasonable attorney fees) arising from, or in any way attributable to or related to
the negligence or willful misconduct of SUBCONTRACTOR hereunder, including
SUBCONTRACTOR's officers, employees, agents, principals, shareholders,
directors, and subcontractors.
10.2 TRIBAL GOVERNMENT hereby agrees to fully defend, indemnify and hold the
SUBCONTRACTOR harmless from and against any and all claims, suits,
actions, damages, loss, liability or costs of every nature or description (including
reasonable attorney fees) arising from, or in any way attributable to or related to
the negligence or willful misconduct of TRIBAL GOVERNMENT hereunder,
including TRIBAL GOVERNMENT'S officers, employees, agents, principals,
shareholders, and directors.
11. Successors and Assigns
11.1 SUBCONTRACTOR hereby binds itself, its successors, executors,
administrators, assigns and legal representatives to this AGREEMENT with
respect to all covenants and obligations of SUBCONTRACTOR under this
AGREEMENT.
11.2 Except as set forth in this AGREEMENT, SUBCONTRACTOR shall not assign,
sublet, or transfer any rights under, or interest in, this AGREEMENT without the
prior written consent of the TRIBAL GOVERNMENT.
12. Entirety
12.1 This AGREEMENT and attachments hereto constitute the entire AGREEMENT
between the parties hereto with respect to the subject matter hereof. No
amendment or modification to this AGREEMENT shall be effective unless in
writing and executed by both parties.
752833.1 4
13. Damages
13.1 Except as set forth in this AGREEMENT, neither party shall be liable to the other,
in any event, for any special or incidental damages arising out of the work
performed hereunder, whether arising in contract, tort, California statutes or
otherwise.
14. Default and Enforcement
14.1 This AGREEMENT is to be governed by federal law.
14.2 Failure or delay by any party to this AGREEMENT to perform any material term
or provision of this AGREEMENT shall constitute a default under this
AGREEMENT; provided however, that if the party who is otherwise claimed to be
in default by the other party commences to cure, correct or remedy the alleged
default within fifteen (15) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such
party shall not be deemed to be in default hereunder.
14.3 The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right to exercise any
remedy for a default hereunder without delivering the written default notice, as
specified herein.
14.4 Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default.
14.5 In the event that a default of any party to this AGREEMENT may remain uncured
for more than fifteen (15) calendar days following written notice, as provided
above, a "breach" shall be deemed to have occurred. In the event of a breach,
the injured party shall be entitled to seek any appropriate remedy or damages by
initiating legal proceedings.
15. Miscellaneous
15.1 Whenever notice is required to be given herein, such notice shall be deemed
given when mailed to the party to be notified via certified mail, return receipt
requested, or by overnight delivery, at the address first written above, or at such
other address as the party may, by written notice, provide to the other.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
752833.1 5
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed as of the date first written above.
AGUA CALIENTE BAND OF CAHUILLA INDIANS
APPROVED BY:
Thomas J. Davis, Chief Planning & Development Officer
APPROVED AS TO FORM:
Michelle Carr, Tribal Counsel
CITY OF PALM SPRINGS
APPROVED BY:
David H. Ready, City Manager
ATTESTED BY:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
752933.1 6
EXHIBIT "A"
SCOPE OF WORK
The City of Palm Springs will construct the Belardo Road Bridge and Roadway Project,
Federal Aid Project No. PLHL-5282(020), City Project No. 87-49. The project is
generally described in the final adopted environmental document as follows:
The proposed project would construct a two-lane bridge on Belardo Road in Palm
Springs over the Tahquitz Creek Channel, connect the noncontiguous sections of
Belardo Road between Mesquite Avenue and Sunny Dunes Road, and widen the
roadway as necessary from just west of South Palm Canyon Road to just north of
Sunny Dunes Road to create a uniform roadway width.
All work will be performed in accordance with the plans and specifications approved by
the City in May 2011, and the City shall facilitate the bidding, construction contract, and
construction engineering (inspection, materials testing and oversight) of the project.
The City shall provide all labor, materials, and equipment necessary for construction of
the project.
COMPENSATION
The attached preliminary estimate identifies the final engineer's detail estimate for
construction of this project, including construction engineering and contingencies. The
bid items and quantities identified on the detail estimate are subject to change during
construction. As indicated on the attached preliminary estimate, the total construction
phase of this project is estimated to cost $4,351,942. The City shall apply its federal
Public Lands Highways Discretionary ("PLHD") funds to construction contract costs.
The total PLHD funds available are $2,325,194. The balance of construction phase
costs not covered by the City's PLHD funds is estimated at $2,026,748.
The maximum funds available for reimbursement pursuant to this Agreement are
$2,035,362.
TERM
The term of this contract shall commence upon its execution and shall extend through
completion of the construction phase of this project. The following schedule is the
estimated time for completion of this project, which is subject to change:
Bidding: May/June 2011
Bid Opening: June 21, 2011
Contract Award: July 6, 2011
Start Construction: September 1, 2011
End Construction: April 1, 2012
Project Close-Out: May 1, 2012
752833.1
10
Detail Estimate
Page I
DETAIL ESTIMATE
Participating Rem Estimate
Federal Aid Code: 4130
Item
No. Item Description Unit Quantity Unit Price Amount
1 MOBILIZATION LS 1,00 $153,000.00 $ 153.000.00
2 TRAFFIC CONTROL LS 1.00 $14,000.00 $ 14,000.00
3 STORM WATER POLLUTION CONTROL MEASURES LS 1.00 $21,000.00 $ 21,000.00
4 AIR QUALITY AND DUST CONTROL MEASURES LS 1.00 $21.000,00 $ 21,000.00
5 CULTURAL RESOURCES MITIGATION MEASURES LS 1.00 $100,000.00 $ 100,000.00
6 BIOLOGICAL MITIGATION MEASURES LS 1.00 $18.000.00 $ 18,000.00
7 TEMPORARY FENCE(ESA) LF 4.250.00 $5.00 $ 21,250.00
8 CLEARING,GRUBBING AND MISCELLANEOUS REMOVALS LS 1.00 $17.500.00 $ 17,500.00
9 REMOVE EXISTING A.C.PAVEMENT SF 27,070.00 $0.50 $ 13,535.00
10 REMOVE EXISTING CURB LF 2.345.00 $4.00 $ 9,380.00
11 REMOVE EXISTING SIDEWALK SF 8,695.00 $2,00 $ 17,390.00
12 COLD PLANE EXISTING A.C.PAVEMENT(0.15'MAX) SY 850,00 $3.00 $ 2,550.00
13 ROADWAY EXCAVATION CY 3,500.00 $20.00 $ 70,000.00
14 ROCK EXCAVATION CY 1,500.00 $50.00 $ 75,000.00
15 STRUCTURE EXCAVATION(BRIDGE) CY 272.00 $200.00 $ 54,400.00
16 STRUCTURE EXCAVATION(ROCK SLOPE PROTECTION) CY 929.00 $200.00 $ 185,800.00
17 STRUCTURE EXCAVATION(RETAINING WALL) CY 310.00 $200.00 $ 62,000,00
18 STRUCTURE BACKFILL(BRIDGE) CY 220.00 $75.00 $ 16,500.00
19 STRUCTURE BACKFILL(RETAINING WALL) CY 500.00 $75,00 $ 37,500.00
20 LEAN CONCRETE BACKFILL CY 44.00 $200.00 $ 8,800,00
21 IMPORTED BORROW CY 10,000.00 $15.00 $ 15Q000.D0
22 CLASS 2 AGGREGATE BASE CY 2.990.00 $50,00 $ 149,500.00
23 SLURRYSEAL TON 70.00 $150.00 $ 10.500.00
24 HOT MIX ASPHALT(TYPE A) TON 2,445.00 $100.00 $ 244,500.00
25 PRE-STRESSING CAST-IN-PLACE CONCRETE LS 1.00 $80.000.00 $ 80,000.00
26 STRUCTURAL CONCRETE(BRIDGE FOOTING) CY 65.00 $600,00 $ 39,000.00
27 STRUCTURAL CONCRETE(BRIDGE) CY 499.00 $900.00 $ 449.100.00
28 STRUCTURAL CONCRETE(RETAINING WALL) CY 225.00 $650,00 $ 146,250.00
29 ARCHITECTURAL TREATMENT(RETAINING WALL) SF 1.440.00 $15.00 $ 21,600.00
30 STRUCTURAL CONCRETE,APPROACH SLAB(TYPE EQ) CY 30.00 $600.00 $ 18,000,00
31 MINOR CONCRETE(MINOR STRUCTURE) CY 20.00 $1,200.00 $ 33,600.00
32 MINOR CONCRETE(HEADWALL) CY 13.00 $1,200.00 $ 15,600.00
33 JOINT SEAL(TYPE B-MR 1") LF 105.00 $25.00 $ 2.625.00
34 BAR REINFORCING STEEL LB 2,132,00 $1.00 $ 2,132.00
35 BAR REINFORCING STEEL(BRIDGE) LS 91,641.00 $2.00 $ 183.282.00
36 BAR REINFORCING STEEL(RETAINING WALL) LS 13.500.00 $1.00 $ 13,500.00
37 18"REINFORCED CONCRETE PIPE LF 99.00 $250.00 $ 24.750,00
38 24"REINFORCED CONCRETE PIPE LF 238.00 $275,00 $ 65,450.00
39 36"REINFORCED CONCRETE PIPE LF 67.00 $400.00 $ 26,800,00
40 42"REINFORCED CONCRETE PIPE LF 74,00 $400.00 $ 29,600.00
41 12"WELDED STEEL PIPE(0.250"THICK) LF 98.00 $200.00 $ 19.500,00
42 ROCK SLOPE PROTECTION(1/2 TON,METHOD B) CY 68.00 $150.00 $ 10,200.00
43 ROCK SLOPE PROTECTION(FACING,METHOD B) CY 106.00 $150.00 $ 15,900.00
44 ROCK SLOPE PROTECTION(BACKING NO.1,METHOD B) CY 178.00 $15000 $ 26,700.00
45 CONCRETED-ROCK SLOPE PROTECTION(12 TON METHOD B) CY 715.00 $100.00 $ 71,500.00
46 ROCK SLOPE PROTECTION FABRIC) SY 663.00 $7.00 $ 4,541,00
47 MINOR CONCRETE(CROSS-GUTTER) CY 66.00 $450.00 $ 29,700.00
48 MINOR CONCRETE(CURB AND GUTTER) LF 6,050.00 $10.00 $ 60.500.00
49 MINOR CONCRETE(SIDEWALK) SF 31.540,00 $4.00 $ 126,160.00
50 MISCELLANEOUS METAL(BRIDGE) LB 1,006.00 $15.00 $ 15.090,00
51 PICKET RAILING LF 536.00 $40.00 $ 21,440.00
52 CONCRETE BARRIER(TYPE 26) LF 224.00 $400.00 $ 89,600.00
53 ARCHITECTURAL TREATMENT(BRIDGE) LS 1,00 $40,000A0 $ 40,000.00
54 CONSTRUCT 6'CHAIN LINK FENCE LF 168.00 $15.00 $ 2,520.00
55 CONSTRUCT CHAIN LINK GATE(W=16) EA 4.00 $1,200,00 $ 4,800,00
56 ADJUST WATER VALVE TO GRADE EA 8.00 $325.00 $ 2.600,00
57 ADJUST SEWER MANHOLE TO GRADE EA 2.00 $1,400.00 $ 2,800.00
58 BRIDGE LIGHTING SYSTEM LS 1,00 $20,000.00 $ 20,000.00
59 TRAFFIC STRIPING,SIGNAGE AND MARKINGS LS 1.00 $20,000.00 $ 20.000,00
60 FEDERAL TRAINEE PROGRAM LS 1.00 $4.000,00 $ 4,000.00
Subtotal Contract Items 1-60,Improv.Type: 01,08 $ 3,212,146.00
Agency/State Furnished Materials $ 0,00
Force Account(Emergency Opening) $ 0.00
Total $ 3,212,145.00
Contingencies(including supplemental work) 10.0% $ $21,21500
Construction Total $ 3,533,380.00
Construction Engineering 15.0% $ 530,004.00
PARTICIPATING SUB-TOTAL COST $ 4,063,364.00
1
Detail Estimate
(Continued)
Page 2
DETAIL ESTIMATE,Continued
Non-Participating Item Estimate
Federal Aid Code: 4130
Item
No. Item Description Unit Quantity Unit Price Amount
61 MOBILIZATION LS 1.00 $11,000.00 $ 11,000.00
62 TRAFFIC CONTROL LS 1.00 $6,000,00 $ 6,000.00
63 STORM WATER POLLUTION CONTROL MEASURES LS 1.00 $9.000,00 $ 9,000.00
64 AIR QUALITY AND DUST CONTROL MEASURES LS 1,00 $9,000.00 $ 9.000.00
65 BIOLOGICAL MITIGATION MEASURES LS 1.00 $2,000.00 $ 2,000.00
66 TEMPORARY FENCE(ESA) LF 1,060.00 $5.00 $ 5.300,00
67 CLEARING,GRUBBING AND MISCELLANEOUS REMOVALS LS 1 00 $2,500.00 $ 2,500.00
68 REMOVE EXISTING A.C.PAVEMENT SF 22,650.00 $0.50 $ 11.325,00
69 COLD PLANE EXISTING A.C.PAVEMENT(0.15'MAX) SY 3,850.00 $3.00 $ 11,550.00
70 ROADWAY EXCAVATION CY 420.00 $20.00 $ 8,400.00
71 IMPORTED BORROW CY 1,000.00 $15.00 $ 15,000.00
72 CLASS 2 AGGREGATE BASE CY 520.00 $50.00 $ 26,0W 00
73 SLURRYSEAL TON 70.00 $150,00 $ 10,500.00
74 HOT MIX ASPHALT(TYPE B) TON 815.00 $100.00 $ 81.500,00
75 MINOR CONCRETE(CURB AND GUTTER) LF 1.205.00 $10.00 $ 12,050.00
76 TRAFFIC STRIPING,SIGNAGE AND MARKINGS LS 1,00 $7,000.00 $ 7,000.00
Subtotal Contract Items 61-76 $ 228,126.00
Agency/State Furnished Materials $ 0.00
Force Account(Emergency Opening) $ 0.00
Total $ 228,125,00
Contingencies(hcluding supplemental work) 10.0% $ 22.813.00
Construction Total $ 250.938.00
Construction Engineering 15.0% $ 37,641.00
NON-PARTICIPATING SUB-TOTAL COST $ 288.579.00
Subtotal Contract Items 1-76 $ 3,440,270.00
Agency/State Furnished Materials $ 0.00
Force Account(Emergency Opening) $ 0.00
Total $ 3,44Q270.00
Contingencies(hduding supplemental work) 10.0% $ 344,027.00
Construction Total $ 3,784,297.00
Construction Engineering 15.0% $ 567,645.00
TOTAL COST $ 4,351,942.00
12
EXHIBIT B
INSURANCE
1.1 Overview. In an effort to standardize the TRIBAL GOVERNMENT'S insurance program
and coordinate insurance of subcontractors with the TRIBAL GOVERNMENT's program,
the following are the requirements for SUBCONTRACTOR insurance coverage.
1.1.1 Liability Coverage. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and effect
a Five Million Dollar ($5,000,000) combined single limit per occurrence, and a
Five Million Dollar ($5,000,000) combined single limit aggregate, Commercial
General Liability policy. Such policy shall insure against any and all losses
arising out of, or in connection with the operations of the SUBCONTRACTOR.
Such coverage shall also provide products and completed operations coverage.
1.1.2 Automobile Insurance. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and effect
a One Million Dollar ($1,000,000) combined single limit per occurrence
automobile liability policy. Such policy shall include coverage for non-owned and
hired car coverage.
1.1.3 Worker's Compensation. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and
effect, a worker's compensation policy in the statutory amount. Such coverage
shall provide employer's liability of at least One Million Dollars ($1,000,000) and
include a waiver of subrogation in favor of the Agua Caliente Band of Cahuilla
Indians.
1.2 Common Provisions.
1.2.1 Certificates. Certificates of insurance shall be provided to the TRIBAL
GOVERNMENT's Risk Manager at the following address:
Agua Caliente Band of Cahuilla Indians
c/o F.T. Kieley III, Risk Management Consultant
P.O.Box 3275
Palm Springs, CA 92263-3275
Voice: (760) 327-9160 Fax: (760) 327-6450
1.2.2 Additional Named Insured Endorsements. The policies shall name the Agua
Caliente Band of Cahuilla Indians, its employees and agents as additional named
insureds.
1.2.3 Cancellation Provisions. Policies shall not be canceled or modified without at
least thirty (30) days prior written notice, except for ten (10) days' notice of
cancellation due to non-payment.
1.2.4 Suitability of Companies. All such coverage shall be written by admitted carrier
in the State of California with a "Best's" insurance rating of A, Class X or better.
1.2.5 Primacy. All such coverage shall be primary insurance, and any insurance or
self insurance programs of the Agua Caliente Band of Cahuilla Indians shall be
non-contributing.
752833.1
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