HomeMy WebLinkAbout11/14/2007 - STAFF REPORTS - 2.E. PALM SAS
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City Council Staff Report
November 14, 2007 CONSENT CALENDAR
Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR THE BOGERT TRAIL BRIDGE
REHABILITATION, FEDERAL PROJECT BHLO 5282 (026), CITY
PROJECT 07-03
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department applied to the California Department of
Transportation (Caltrans) for federal Highway Bridge Program funding to widen and
retrofit the existing Bogert Trail bridge over the Palm Canyon Wash. Caltrans approved
the City's federal grant request, and awarded the City federal funding for this project.
With an estimated total cost of $4.9 Million, the Highway Bridge Program will provide the
project with 88.53% funding — or over $4.3 Million. 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,
RECOMMENDATION:
1) Approve Agreement No. with Dokken Engineering in the amount of
$610,545.00 for environmental and civil engineering design services related to
the Bogert Trail Bridge Rehabilitation, Federal Project BHLO 5282 (026), City
Project 07-03; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Bogert Trail bridge crossing over the Palm Canyon Wash was originally constructed
in 1982. This bridge, as with all other City bridges, is inspected periodically by the
California Department of Transportation (Caltrans), Structure Maintenance and
Investigations Division, to ensure the bridge is not structurally deficient and to identify
Item 2 . E ._
City Council Staff Report
November 14, 2007- Page 2
Bogert Trail Bridge Rehabilitation (CP 07-03)
any needed maintenance. The last several Caltrans Bridge Inspection Reports noted
that the bridge abutment bearing pads were delaminating (being squeezed out from
under the abutment) and other miscellaneous minor repairs. The miscellaneous bridge
repair work was originally included as part of the work of City Project 97-20. However,
following the City's design consultant's initial assessment of the bridge repairs identified
by Caltrans, it was their opinion that bridge retrofit work to widen the bridge abutment
would be a more appropriate solution. It was recommended that the City pursue grant
funds through Caltrans to perform the bridge retrofit work.
A federal program, the Highway Bridge Program, or HBP, provides funding for bridge
rehabilitation or replacement. However, there are clear criteria for when HBP funds are
eligible for a given bridge. The Federal Highway Administration (FHWA) uses the
following criteria to establish HBP funding eligibility: the Sufficiency Rating (SR) and a
status flag indicating whether a bridge is Structurally Deficient (SD) or Functionally
Obsolete (FO). The National Bridge Inventory is used for preparing the selection list of
bridges both on and off of Federal-aid highways. Highway bridges considered
structurally deficient (SD) or functionally obsolete (FO) and with a sufficiency rating (SR)
of 80 or less are used for the selection list. Those bridges appearing on the list with a
sufficiency rating (SR) of less than 50.0 are eligible for replacement or rehabilitation,
while those with a sufficiency rating (SR) of 80.0 or less are eligible for rehabilitation.
The variables in the equations for SR, SD, and FO come from the Caltrans Bridge
Inspection Report. In order to receive HBP funds, Caltrans is required to perform these
inspections. As discussed above, bridges that are structurally deficient (SD); or
functionally obsolete (FO) and the sufficiency rating (SR) is less than or equal to 80, are
considered deficient by FHWA and are compiled into an "Eligible Bridge List" (EBL).
This LBL is used by FHWA to calculate the State's annual HBP apportionment and for
determining eligibility for traditional replacement and rehabilitation projects.
It was not until the Caltrans bridge inspection performed on September 29, 2003, that
values for different variables of the structure condition for the Bogert Trail bridge were
identified, classifying the structure as functionally obsolete (FO) for the first time, with a
sufficient rating (SR) less than 80. Subsequently, the Bogert Trail bridge was identified
on the FHWA Eligible Bridge List (EBL), making retrofit work of the bridge eligible for
HBP funding.
It is important to note that all of the prior Caltrans Bridge Inspection Reports have
determined that the bridge remains structurally sound.
Following its eligibility for HBP funding, City staff pursued funding to retrofit the structure
and to widen the bridge from its current width of 26 feet to 40 feet to match the existing
width of Bogert Trail, and to add a new sidewalk on the north side of the bridge. A
formal request was submitted to Caltrans on February 17, 2005. However, the City's
request was lost by Caltrans and a subsequent submittal was made on June 21, 2006.
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City Council Staff Report
November 14, 2007- Page 3
Bogert Trail Bridge Rehabilitation (CP 07-03)
Finally, on December 13, 2006, Caltrans authorized the City to proceed with the
preliminary engineering (design) phase for this project.
Subsequently, staff prepared a Request for Proposals (RFP) for environmental and civil
engineering design services to solicit consultants for this project. The RFP was
published and made available to firms through the City's Division of Procurement and
Contracting, and by the August 17, 2007, deadline, proposals from the following firms
were received:
Dokken Engineering; Folsom, CA
Lim & Nascimento Engineering; 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
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.
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 $610,545. It should be noted that the selected consultant
originally submitted a contract fee of $871,970 — City staff negotiated a reduction of
$261,425 to the final contract fee.
The contract was submitted to the Caltrans Department of Audits and Investigations for
review, and on November 2, 2007, 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:
This project, which has a total estimated cost of $4,888,950, is funded in part (88.53%)
by federal Highway Bridge Program funds, with the remaining portion (11.47%) funded
by local Measure A funds. The proposed contract amount of $610,646 for
environmental and civil engineering design services will be funded by $540,515 of
federal funds from account 261-4491-50244, and by $70,030 of local Measure A funds
from account 134 4498-50244.
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City Council Staff Report
November 14, 2007- Page 4
Bogert Trail Bridge Rehabilitation (CP 07-03)
SUBMITTED,
0- - L =z�, -mgC J)o/l
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City M r
ATTACHMENTS:
1. Agreement
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Bogert Trail Bridge Rehabilitation
City Project 07-03
Federal Project BHLO 5282 (026)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of , 2007. by and between the CITY OF
PALM SPRINGS, a California charter city, (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.
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
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performed, (b) has carefully considered how the services should be performed and (C) fully
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of services hereunder. Should the Contractor discover
any latent or unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the City of such fact and shall not proceed
except at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work The Contractor shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by City's
awn negligence.
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 contract amount of Six Hundred Ten Thousand Five Hundred Forty-Five Dollars
($610,545.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of
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compensation may include (i) a lump sum payment upon completion, (ii) payment in
accordance with the percentage of completion of the services, (iii) payment for time and
materials based upon the Contractor's rates as specified in the Schedule of Compensation, but
not exceeding the Contract Sum or (iv) such other methods as may be specified in the
Schedule of Compensation Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs, telephone expense, transportation expense
approved by the Contract Officer in advance, and no other expenses and only 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.
22 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 (181) 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.
32 Schedule of Performance. Contractor shall commence the services pursuant to
this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D",
if any, and incorporated herein by this reference_ When requested by the Contractor,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental
agency, including the City, if the Contractor shall within ten (10) days of the commencement of
such delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for performing the
services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
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3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
!agreement, this Agreement shall continue in full force and effect until completion of the
services as 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.
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
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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 to determining whether it will consent to a particular subcontractor. Contractor shall
keep evidence of such good faith efforts and copies of all contracts and subcontracts
hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service.
Contractor shall perform all services required herein as an independent contractor of City and
shall remain at all times as to City a wholly independent contractor with only such obligations
as are consistent with that role. Contractor shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. City shall not in any
way or for any purpose become or be deemed to be a partner of Contractor in its business or
otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, 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 endorsement form 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 per occurrence 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 cars.
(d) Additional Insurance. Additional limits and coverages, which may include
professional liability insurance, will be specified in Exhibit "B".
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All of the above policies of insurance shall be primary insurance and issued by
companies whose rating satisfies the requirements in Section 5.4 of this agreement The
insurer shall waive all rights of subrogation and contribution it may have against the City, its
officers, employees and agents, and their respective insurers In the event any of said policies
of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Section 5 1 to the Contract Officer No work or
services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same polices of insurance that the Contractor is
required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them, and each of them, harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the
work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or
arising from Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, but excluding such claims or liabilities arising from the
sole negligence or willful misconduct of the City, its officers, agents or employees, who are
directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees 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,
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agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor
shall deliver to City a performance bond in the sum of the amount of this Agreement, in the
form provided by the City, 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
^B++, Class Vill" 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 Manager or 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 Reoorts. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost
of the work or services contemplated herein or, if Contractor is providing design services, the
cost of the project being designed, Contractor shall promptly notify the Contract Officer of said
fact, circumstance, technique or event and the estimated increased or decreased cost related
thereto and, if Contractor is providing design services, the estimated increased or decreased
cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books
and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the
event any audit is required.
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6.3 Ownership of Documents All drawings, specifications, reports, records,
documents and other materials prepared by Contractor its employees, subcontractors and
agents in the performance of this Agreement shall be the property of City and shall be
delivered to City upon request of the Contract Officer or upon the termination of this
Agreement. Contractor shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Contractor will be at the
City's sole risk and without liability to Contractor, and the City shall indemnify the 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, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City
may be liable to third parties, by reason of Contractor's acts or omissions in performing or
failing to perform Contractor's obligation under this Agreement. In the event that any claim is
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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 clairn. The failure of City to exercise such right to deduct or to
Withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and
protect City as elsewhere provided herein
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing
and shall not be a waiver of any other default concerning the same or any other provision of
this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay
in performance of this Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of Zero Dollars ($0,00) as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit "D"). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time
as may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice
to City, except that where termination is due to the fault of the City, the period of notice may be
such shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination, the
Contractor shall be entitled to 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
Page 9 or 12
13
Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of
the work product actually produced hereunder In the event of termination without cause
pursuant to this Section, the terminating party need not provide the non-terminating party with
the opportunity to cure pursuant to Section 7 2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's
fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such
action and shall be enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to
its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it has
not paid or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, national origin, or ancestry.
Page 10 of 12
14
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)
Page 11 of 12
15
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 California charter city
By By
City Clerk City Manager
APPROV p TO FORM:
By:
City Attorney
CONTRACTOR: Dokken Engineering
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one of the following: Chairman of the Board, President or one of the following: Secretary Chief Financial Officer or
any Vice President) any Assistant Treasurer)
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personally known to me (or proved to me on the basis of personally known to me (or roved to me on the basis of
satisfactory evidence)to be the person(at.whose name( s! satisfactory evidence)to be the persons whose name('s)4
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that 1 ha440y executed the same i rl hi hci4f i authorized (hat hN he! executed the same in hr is authorized
rapaciry(ias), and that by rs Signalur�) on the capacity(re:a and that by er SignalureW on the
instrument the persorns or the entity upon behalf of which the instrument the pcison(a)-or the entity upon behalf of which the
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WITNESS my hand a official seal WITNESS my hand and icial Seal
Notary Signature: Notary Signature:
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Page 12 of 12
16
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 rehabilitation and widening of the Bogert Trail
bridge over the Palm Canyon Wash 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 Contractor shall prepare budgets for each task and milestone for the
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 Contractor shall 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.
Exhibit"A"
Page 1 of 16
17
EXHIBIT "A"
SCOPE OF SERVICES
Monthly PDT Meetings — The Contractor shall coordinate and attend PDT meetings with
the City, Caltrans, and other representatives from resource agencies as necessary.
Meeting 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 for the
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.
TASK 2.0 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.-
Exhibit"A"
Page 2 of 16
18
EXHIBIT "A"
SCOPE OF SERVICES
• Research Record Information — The Conlractor 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.
Topographic Survey — The Contractor shall conduct field 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.
Task 2.3 Hydraulic & Scour Report — To aid in the development of the Structure Plans, a
Hydraulic & Scour Report shall be completed. Contractor shall analyze the existing Palm
Canyon Wash at the Bogert Trail crossing. The study shall document on-site/off-site hydrology
and drainage patterns, as well as potential scour at the proposed bridge. The report shall
summarize the findings and any proposed channel improvements, including suggested scour
countermeasures.
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. A final approved
geometry will be coordinated with the City and incorporated in the Geometric Approval
Drawings for City approval.
Task 3.2 Right-of-Way Investigations — The Contractor shall determine additional rights-of-
way and easements (including utility, slope, or other easements/encroachment agreements),
necessary for the project. Exhibits shall be prepared for each impacted parcel showing
permanent and temporary right-of-way impacts as well as impacts to any existing facilities.
Preliminary Title Reports will be ordered, as needed.
Task 3.3 Structure Type Selection — The Contractor shall prepare a structure type selection
memorandum that shall include recommended bridge structure type, an analysis of the existing
Exhibit"A"
Page 3 or 16
19
EXHIBIT "A"
SCOPE OF SERVICES
structure, a bridge general plan, an estimate of construction cost, and a description of the
proposed construction staging. Consultant will organize and host a Caltrans structures field
review, if required.
TASK 4.0 ENVIRONMENTAL APPROVAL — Tho 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 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 4.2(a) Biological Resources — The Contractor shall complete the following tasks and
studies related to biological resources.-
Natural,Environment Study (NES) -- The Contractor shall conduct a literature review to assist
in determining the existence or potential occurrence of sensitive plant and animal species on
the project site or in the vicinity. Literature under review will include 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). 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 in the
project vicinity. The results of the records search will be summarized in a table and included in
the NES. The Biological Study Area (BSA) will be approved by the Caltrans biologist.
The Contractor shall conduct fieldwork to order to document the presence/absence of sensitive
biological resources (e.g., species or habitats), or to determine the potential for occurrence of
such resources that may not be detectable when the fieldwork is conducted. The location of
any sensitive biological resources present on site, including plants and plant communities,
shall be mapped. For optimal results, Contractor recommends conducting the fieldwork in the
Exhibit"A"
Page 4 of 16
20
EXHIBIT "A"
SCOPE OF SERVICES
springtime (i.e., April or May) if possible. This will maximize our ability to detect and positively
identify sensitive species, particularly plants.
A focused survey for the potential endangered species and a jurisdictional delineation,
described below, shall be submitted as pan of this NES Additional focused surveys that may
be required are described in the "Optional Technical Studies" section below.
The Contractor shall prepare an NES that will include a description of the field methods used
and the results of the biological evaluation of the project area. The report will list plant and
animal species present, along with a general description of the plant communities occurring
within the project area. 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. The report also will
contain tables describing sensitive species and their habitats that are present or potentially
present; it also will Identify and assess project impacts on the existing biological resources,
including any sensitive species. Mitigation measures will be included as necessary.
Jurisdictional Delineation — The Contractor shall complete a focused wetland delineation
according to the 1987 Corps of Engineers wetland Delineation Manual, and the "Interim
Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West
Region" currently accepted methodology. We anticipate that a routine delineation, tailored to
the site characteristics, will be adequate. Contractor shall also complete a jurisdictional
"Waters of the U.S." determination according to current Corps standards. Finally, Contractor
shall determine the extent of any streambed and associated riparian areas subject to review by
CDFG under Section 1600 et seq. of the Fish and Game Code.
The results of the delineation will 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 Corps and CDFG.
This task is needed for the CE/IS. Further actions coordinating the delineation will be
completed while permitting the project.
Task 4.2(b) 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 will be completed in
compliance with Section 106 of the National Historic Preservation Act (NHPA) and will 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.
Exhibit"A"
Page 5 of 16
21
EXHIBIT "A"
SCOPE OF SERVICES
APE Map — The Contractor shall coordinate with Caltrans to develop the APE Map for review
and approval. Following the programmatic agreement between Caltrans and FHWA, the APE
Map shall be given to Caltrans for review and approval.
Research — A cultural resource records search shall be conducted at the Eastern Information
Center (EIC), located at the University of California, Riverside. The EIC is the state-designated
repository for records concerning cultural resources in Riverside County The records search
shall provide information on known cultural resources and on previous cultural resource
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).
In addition, Contractor shall complete research for the properties within the 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 28 days, Contractor
shall follow up with those groups that have not commented, via telephone. Contractor shall
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 will 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 will 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 4.2(c) Air Quality Report — The Contractor shall prepare a Construction Air Quality
Assessment for the projects construction related impacts in accordance with the Caltrans'
Exhibit"A"
Page 6 of 16
22
EXHIBIT "A"
SCOPE OF SERVICES
Protocol, the EPA's fugitive dust conformity rule, and the South Coast Air Quality Management
District's (SCAQMD) CEQA regulations for the Salton Sea Air Basin (SSAB)
For the description of existing ambient air quality, the report will use baseline and project-
setting meteorological and air quality data in the SSAB area developed through the California
Air Resources Board (ARB), along with climatological and air quality profile data gathered by
the SCAQMD. Air quality data from the nearest air quality monitoring stations published for the
past three years will be included to help highlight existing air quality local to the proposed
project site. Other sources such as regulatory documents, professional publications, and
Contractor's experience in the project area will supplement background information. A
summary of current air quality management efforts that may be related to the proposed project
will be provided.
Construction would occur during implementation of the proposed project. Air quality impacts
from demolition, grading, and construction sources will be analyzed based on the equipment
used, length of time for a specific construction task, equipment power type (gasoline or diesel
engine), equipment emission factors approved by the EPA (AP-42 Handbooks), horsepower,
load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes
and equipment travel will be calculated based on available information regarding these
activities. Fugitive dust emissions would result from wind erosion of exposed soil and soil
storage piles, grading operations, and vehicles traveling on paved and unpaved roads. When
specific data are available, emissions associated with asphalt paving will be calculated.
Emission factors included in the SCAQMD's CEQA Air Quality Handbook or the ARB's
URBEMIS 2002 model will be used for construction dust emission estimates.
Carbon monoxide hot-spot analyses will not be conducted based on the proposed exempt
status under the Caltrans CO protocol. The proposed project's impacts on the local and
regional fugitive dust emissions (PM2.5 and PM10) will be evaluated using the EPA's
Guidelines for Qualitative Construction Emissions Analysis. Contractor shall work with Caltrans
and the SCAQMD to identify feasible mitigation measures that will be developed as indicated
in the impact analysis.
Task 4.2(d) Noise Analysis — The Contractor shall prepare a Construction Noise Impact
Analysis that assesses the project's potential effects from short term construction activities
associated the rehabilitation and widening project. Contractor shall review applicable State
(Caltrans), City, and County noise and land use compatibility criteria for the project area. Noise
screening regulating noise impacts including Caltrans Noise Analysis Protocol Section-3,
Caltrans Technical Noise Supplement (TeNS), and standards included in the City Noise
Ordinance will be addressed for land uses adjacent to the project. A discussion of any existing
sensitive uses in the project vicinity will be included.
Noise impacts from construction sources will be analyzed based on the equipment expected to
be used, length of a specific construction task, equipment power type (gasoline or diesel
engine), horsepower, load factor, and percent of time in use. EPA recommended noise
Exhibit 'A"
Page 7 of 16
23
EXHIBIT "A"
SCOPE OF SERVICES
emission levels will be used for the construction equipment. The construction noise impact will
be evaluated in terns of maximum levels (Lmax), and the frequency of occurrence at adjacent
sensitive locations Analysis requirements will be based on the sensitivity of the area and the
Noise Ordinance specifications of the City.
The existing and future noise levels will be assessed using the traffic noise impact screening
procedure outlined in Section N-4000 of the TONS If the proposed project fails the screening
criteria, a detailed analysis will be performed as outlined in Section N-5000 of the TONS using
the most recent version of the Traffic Noise Model (TNM), the Sound32 replacement.
Task 4.2(e) Initial Site Assessment — The Contractor shall prepare a Hazardous Waste Initial
Site Assessment (ISA) of the project study area.
Contractor shall prepare an ISA 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.
Task 4.2(f) 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). The report shall
discuss receiving waters conditions, objectives, and beneficial uses as well as Caltrans
standard best management practices (BMPs) and project design features required in
accordance with the current Caltrans Statewide Storm Water Management Plan (SWMP).
Additionally, 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 storm water discharge permit, will also be identified, if
applicable. Likewise, compliance with Section 401 of the Clean Water Act will ultimately be
necessary (water quality certification). With these requirements, specific mitigation measures,
including BMPs specified in Caltrans' Storm Water Quality Handbook - Planning and Design
Guide, will be identified for any significant water quality impacts that may occur during
construction.
Task 4.2(g) 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 will be performed to ensure the bridge construction is compatible
with local flooding. Executive Order 11988 - Floodplain Management is the guiding Federal
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
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) Per 23 CFR 650A, Contractor
rnay complete a Location Hydraulic Study. If required, the Location Hydraulic Study will include
the following information.
1) National Flood Insurance Program (NFIP) maps or information developed by the local
agency, if NFIP maps are not available, to determine whether a roadway location
alternative will include an encroachment.
2) An evaluation and discussion of the practicability of alternatives to any longitudinal
encroachments. Consultant shall use the HEC-RAS River Analysis System program to
complete the floodplain analysis.
3) A discussion of the following items, commensurate with the significance of the risk or
environmental impact, for all alternatives containing encroachments and for those actions
which would support base floodplain development:
(a) The risks associated with implementation of the action-
(b) The impacts on natural and beneficial floodplain values.
(c) The support of probable incompatible floodplain development.
(d) The measures to minimize floodplain impacts associated with the action.
(e) The measures to restore and preserve the natural and beneficial floodplain values
impacted by the action-
(f) Evaluation and discussion of the practicability of alternatives to any significant
encroachments or any support of incompatible floodplain development.
Optional Environmental Technical Studies and Surveys - The biological habitat have not
been fully assessed. Following seasonal biological surveys, focused surveys may or may not
be required. Review of the Habitat Conservation Plan (HCP) will identify potential species in
the project area. Additional information will be obtained from surrounding projects in the
proposed project area. The initial survey and research will identify the possible need for
Optional protocol biological surveys.
Task 4.2(h) Biological Assessment (optional) — The project may have direct and indirect
impacts to federally listed species. The Biological Assessment will include; attendance at
meetings, coordination with the project team, response to information requests from the U-S.
Fish and Wildlife Service, and research of mitigation options.
Task 4.2(i) Section 7 Consultation (optional) — The Contractor shall coordinate review and
approval of the Biological Assessment through Caltrans and the U.S. Fish and Wildlife Service
in compliance with Section 7 of the Endangered Species Act as may be necessary to
accomplish the preparation of a Biological Opinion from the U.S. Fish and Wildlife Service for
the project.
Task 4.20) Focused Surveys (optional) — The proposed project may have potential effects to
the Casey's June beetle (Federal Petition to List as Endangered/State Special Animal). If the
general biological field survey reveals that suitable habitat is present for the species, or for any
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
other species identified during the preparation of the NES additional surveys may be required
in order to determine the presence or absence of such species. The scope of surveys for the
Casey's June beetle would depend on the extent of habitat to be surveyed for a particular
species and on coordination with the involved regulatory agencies
Contractor shall prepare letter reports summarizing the results of any necessary focused
surveys.
If threatened or endangered species may be affected by the project, coordination with the
USFWS will be required for compliance with the Federal Endangered Species Act,
Task 4.3 Environmental Document — Contractor shall incorporate the purpose and
need/project description and the technical studies into the draft document. Based upon
available data, Contractor shall prepare sections for land use, public safety, public services,
recreation, and utilities. The CE/IS evaluation will determine: if the project will have any
significant adverse effects on the environment under both State and Federal standards;
identify potential mitigation measures for such impacts; determine if the mitigation measures
reduce all impacts below a level of significance.
The Draft CE/IS will be provided to agencies for review and comment. The Draft MIS will be
revised in response to the agencies' comments and a revised Draft CE/IS will be provided to
the agencies for further review and comment.
Task 4.3(a) draft Environmental Document — Contractor shall prepare the Draft CE/IS for
public review. The Draft CE/IS has the 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 CE/IS. Contractor shall prepare the
requisite public notices for distribution of the CE/IS. Contractor shall prepare the requisite
number of hard copies of the CE/IS document and the technical studies. Contractor shall
coordinate the preparation of the distribution list with the City, Caltrans and FI-IWA.
Task 4.3(b) Respond to Comments/Obtain Approval — At the close of the public review
period for the CE/IS, Contractor shall meet with Caltrans and FHWA staff to review any
comments on the CE/IS that were received, and to discuss potential responses to these
comments.
Contractor shall then formulate responses to the comments on the CE/IS. Once draft
responses to comments are completed, they will be submitted to the agencies' staff for review
and comment. The agencies' comments will be incorporated into the response to comments
document, which will be submitted to Caltrans as an appendix in the CE/IS for use in public
hearings.
Contractor shall also prepare the draft Mitigated Negative Declaration (MIND) sheet for
attachment to the CE/IS.
Exhibit "A"
Page 10 of 16
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EXHIBIT "A"
SCOPE OF SERVICES
Task 4.3(c) Mitigation Monitoring Plan -- Contractor shall prepare a mitigation monitoring
plan, including monitoring forms, to insure that the mitigation measures contained in the CE/IS
are properly implemented.
Task 4.3(d) Final Administrative Record — Prior to action on the CE/IS and the MIND,
Contractor shall assist the City and Caltrans to prepare appropriate findings and the
Administrative Record. Following public review of the CE/IS, a Categorical Exclusion/Mitigated
Negative Declaration (MIND) will be prepared by Contractor. The final steps in the NEPA
process will follow the new procedures of NEPA delegation to Caltrans, and any agreements
with the cooperating agencies. The most likely outcome is the preparation of approval of
Categorical Exclusion under NEPA and a Mitigated Negative Declaration under CEQA signed
by the City.
PHASE 2 CIVIL ENGINEERING DESIGN
TASK 1.0 FINAL DESIGN REPORTS AND STUDIES — The Contractor shall prepare final
design reports and studies necessary for preparation of plans, specifications and estimates
(PS&E) for the project. Final design reports and studies shall include, but not be limited to, the
following:
Task 1.1 Geotechnical Design Report — Contractor shall prepare a Geotechnical Design
Report in accordance with Caltrans Guidelines for Foundation Investigations and Reports, and
shall conform to the following.-
For the subsurface exploration program, we propose to perform the following:
• Mark out all boring locations in white paint and call USA ALERT a minimum of 72-hours
prior to the beginning of drilling so all underground utility locations can be marked and
boring locations adjusted for conflicts with the existing utilities.
• Contractor shall drill five (5) new structure borings to maximum depths of up to 85-feet
below existing grade.
Unless required by groundwater levels or loose/running sands, all of the borings will be
drilled using hollow-stem augers and rock coring will be done with water. If required by the
encountered soils, mud rotary drilling techniques will be employed.
• All of the soils encountered in the borings will be continually logged by an engineer or
geologist as the drilling progresses. Bulk and slightly to moderately disturbed soil samples
will be recovered for visual identification and laboratory testing.
• The recovered soil samples will be brought to a laboratory for testing. The tests may
include, but not limited to, moisture/density, sieve analyses (with and without hydrometer),
Atterberg Limits, corrosion, and Resistance value (R-Value)-
The report will provide.
Site geology and a description of the subsurface soil and groundwater conditions. The
borings will be presented on a Log of Test Borings (LOTB) sheet format.
Exhibit"A"
Page 11 of 16
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EXHIBIT "A"
SCOPE OF SERVICES
Geologic profile and Engineering parameters which will be used for the design of the new
structure foundations.
A seismic study which will provide the peak bedrock acceleration (PBA) and maximum
credible earthquake (MCE) event. The proper spectral acceleration curve from the
Caltrans Seismic Design Criteria (SDC, 2003) will be included in the report for use in the
new structure design.
A liquefaction evaluation of the site will be performed and methods of remediation will be
evaluated.
The report shall incorporate the hydraulic findings and scour predictions and will be used to
properly design the proposed structure foundations.
A corrosion evaluation will be performed to determine the corrosiveness of the site soils
and recommendations will be provided for buried concrete and steel.
Based upon the results of the seismic study, hydraulics study and corrosion evaluation,
foundation will be recommended for the proposed structures which will provide adequate
support while being the most cost effective.
Contractor shall review, from a geotechnical standpoint, the plans and specifications for this
project to evaluate if earthwork and foundation recommendations have been properly
interpreted and implemented during design.
Contractor shall prepare LOTB Sheets to be included as part of the Geotechnical Design
Report and Contract Plans.
After review by the City, Contractor shall incorporate all comments into a final Geotechnical
Design Report.
Contractor shall conduct all field investigations and perform all laboratory testing to support
these reports.
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 and in English units. Specifications shall be prepared using
City standard boilerplate specifications, as provided by the City. As part of this item of work,
the Contractor shall coordinate all required utility relocation, 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
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Report; indicate required traffic striping, signage and marking improvements, as well as all
pertinent construction details.
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, 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.
Structure Plans - The Contractor shall prepare plans for the bridge widening.
It is expected that the following plan sheets (34 total) will be required:
Title - Layout (2)
Typical Sections Construction Details (4)
• Grading (2) Utilities (2)
• Signing & Striping (2) - Quantities
Survey Control Bridge General Plan
Lighting Abutment Layout
• Foundation Plan Pier Details (2)
Abutment Details (3) - Girder Layout
• Bridge Typical Section Miscellaneous Details (2)
• Girder Details (2) Log of Test Borings
Structure Approach (2)
Task 2.1 Utility Coordination — 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 - Contractor shall coordinate with the City to develop a list of 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
Exhibit"A"
Page 13 of 16
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EXHIBIT "A"
SCOPE OF SERVICES
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 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 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 RCFC Coordination — Contractor shall coordinate bridge structural plan review and
approval with Riverside County Flood Control and Water Conservation District (RCFC)_
Encroachment permitting, plan review, and approvals from RCFC shall be obtained.
Task 2.3 35% Details — Contractor shall prepare 35% details which shall include: bridge
general plan, roadway plan and profile, grading limits, typical sections, and signing and striping
plans. Consultant shall prepare a list of construction bid items and a preliminary construction
estimate.
Task 2.4 60% Details -- Consultant shall revise the 35% details and cost estimate per agency
comments. The remaining plans sheets shall be completed. A detailed construction cost
estimate shall be completed.
Task 2.5 95% PS&E — Contractor shall revise the 60% details and construction cost estimate
based on agency comments and shall prepare technical special provisions.
Task 2.6 100% PS&E — Contractor shall revise the 95% PS&E based on agency comments_
Exhibit"A„
Page 14 of 16
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EXHIBIT "A"
SCOPE OF SERVICES
TASK 3.0 ENVIRONMENTAL PERMITTING — The Contractor shall be responsible for
obtaining all necessary environmental (regulatory) permits necessary for construction of the
project.
Contractor shall prepare and process applications for project permits required for compliance
with Sections 401 and 404 of the Federal Clean Water Act, and Section 1602 of the California
Fish and Game Code, Section 401 permits are under the regulatory authority of the Regional
Water Quality Control Board (RWQCB), Section 404 permits are under the U.S. Army Corps of
Engineers (Corps), and Section 1602 permits are under the California Department of Fish and
Game (CDFG).
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, RWQCB, and SWRCB.
Contractor shall summarize and document the results of agency coordination in letter formal.
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 regulatory agencies, Contractor shall then
prepare and submit the necessary permit application materials.
Task 3.1(a) Section 401 Water Quality Certification — 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 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.)
Task 3.1(b) 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
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
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 for the 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 3.1(c) Section 404 Permit — 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 1602 applications will
be included; and Contractor shall prepare all necessary graphics and other supporting
materials.
END OF EXHIBIT "A"
Exhibit"A"
Page 16 of 16
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0 Compensation:
Section 2.3, Cost Principles. The Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31 et seq., are the governing factors
regarding allowable elements of cost The administrative requirements set forth in 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, is hereby included by reference. The provisions of this section
shall apply to all subcontracts in excess of $25,000.
Add the following to Section 2.0, Compensation:
Section 2.4, Travel and Subsistence Costs. All travel and subsistence costs shall be
considered as included in the contract fee, and shall be reimbursed in accordance with the
Department of Personnel Administration (DPA) guidelines for non-exempt State employees.
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required.
Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions
Insurance in an amount not less than One Million Dollars ($1,000,000.00) per claim and in the
aggregate with respect to loss arising from the actions of the Contractor performing
professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is deleted.
Section 6.2, Records, shall be amended to add the words "and State and Federal
representatives" after and at the locations where the word "Contract Officer" appears, and the
first part of the last sentence shall be revised to read: "Such records shall be maintained for a
period of three (3) years following the date of final payment,...".
Section 7.7, Liquidated Damages, is waived.
Add the following to Section 7.0, Enforcement of Agreement.
Section 7.11, Subcontracts. Any subcontracts or contractual arrangements ("subcontracts")
between the Contractor and other parties ("subcontractors") entered into in the performance of
this Agreement to which the City is not named shall include all applicable provisions of this
Agreement and the Contractor shall require that its subcontractors thereby comply with all
such applicable provisions.
Exhibit"B"
Page 1 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 9.0, Miscellaneous Provisions:
Section 9.7, Covenant Against Contingent Fees. The Contractor warrants that he/she 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 he/she 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 local agency 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, Documentation. The Contractor shall document the results of the work to the
satisfaction of the City, and as applicable, state and FHWA, including preparation of progress
and final reports, plans, specifications and estimates, or similar evidence of attainment of the
objectives of this federal contract.
Add the following to Section 9.0, Miscellaneous Provisions:
Section 9.9, Patent Rights. This agreement includes herein by reference applicable patent
rights provisions described in 41 CFR 1-9.1 regarding rights to inventions.
Add the following to Section 9.0, Miscellaneous Provisions:
Section 9.10, Endorsement. The responsible consultant/engineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by him/her, and where
appropriate, indicate his/her California registration number.
Add the Following to Section 9.0, Miscellaneous Provisions:
Section 9.11, Disadvantaged Business Enterprise (DBE) Requirements.
1- Terms as Used in this Document
The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business
concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
The term "bidder" also means "proposer" or "offerer."
The term "Agreement' also means "Contract."
Exhibit"a"
Page 2 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Agency also means the local entity entering into this contract with the Contractor or
Consultant.
-The term "Small Business" or "SB" is as defined in 49 CFR 26 65
2. Authority and Responsibility
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whole or in part with federal funds (See 49 CFR
26, "Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs"). The Contractor should ensure that DBEs and other small
businesses have the opportunity to participate in the performance of the work that is the
subject of this solicitation and should take all necessary and reasonable steps for this
assurance. The bidder/proposer shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of subcontracts.
B. Bidders/Proposers are encouraged to use services offered by financial institutions owned
and controlled by DBEs.
3. Submission of DBE Information
A. "Local Agency Proposer/Bidder-DBE (Consultant Contracts)-Information" form will be
included in the Agreement documents to be executed by the successful bidder. The
purpose of the form is to collect data required under 49 CFR 26. Even if no DBE
participation will be reported, the successful bidder must execute and return the form.
4. DBE Participation General Information
It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part
26, and the Department's DBE program developed pursuant to the regulations. Particular
attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner,
as a vendor of material or supplies, or as a trucking company.
C. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing and
supervising the work with its own forces. The DBE joint venture partner must share in the
capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
Exhibit"B"
Page 3 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
D. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a
DBE firm must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work.
E The bidder (prime contractor) shall list only one subcontractor for each portion of work as
defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost
proposal list of subcontractors-
* A prime contractor who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed by
non-DBE subcontractors.
5. Resources
A. The CUCP database includes the certified DBEs from all certifying agencies participating in
the CUCP. If you believe a firm is certified that cannot be located on the database, please
contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
Bidder/Proposer may call (916) 440-0539 for web or download assistance.
B. Access the CUCP database from the Department of Transportation, Civil Rights, Business
Enterprise Program website at: http://www.dot,ca.gov/hq/bep/.
• Click on the link in the left menu titled Find a Certified Firm
• Click on Query Form link, located in the first sentence
• Click on Certified DBE's (UCP) located on the first line in the center of the page
• Click on Click To Access DBE Query Form
• Searches can be performed by one or more criteria
• Follow instructions on the screen
• "Start Search," "Requery," "Civil Rights Home," and "Caltrans Home" links are located
at the bottom of the query form
C. How to Obtain a List of Certified DBEs without Internet Access
DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of
certified DBE firms extracted from the on-line database. A copy of the directory of certified
DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and
Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815,
Telephone: (916) 445-3520.
6. When Reporting DBE Participation, Material or Supplies Purchased from DBEs May
Count as Follows:
A. If the materials or supplies are obtained from a DBE manufacturer, one hundred percent of
the cost of the materials or supplies will count toward the DBE participation. A DBE
Exhibit"B'
Page 4 of 11
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EXHIBIT "B"
SPECIAL. REQUIREMENTS
manufacturer is a firm that operates or maintains a factory, or establishment that produces
on the premises, the materials, supplies, articles or equipment required under the
Agreement and of the general character described by the specifications
B. If the materials or supplies purchased from a DBE regular dealer, count sixty percent of the
cost of the materials or supplies toward DBE participation. A DBE regular dealer is a firm
that owns, operates or maintains a store, warehouse, or other establishment in which the
materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement are bought, kept in stock, and regularly
sold or leased to the public in the usual course of business. To be a DBE regular dealer,
the firm must be an established, regular business that engages, as its principal business
and under its own name, in the purchase and sale or lease of the products in question. A
person may be a DBE regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone or asphalt without owning, operating or maintaining a place of
business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment shall be by a long-term lease
agreement and not an ad hoc or Agreement-by -Agreement basis. Packagers, brokers,
manufacturers' representatives, or other persons who arrange or expedite transactions are
not DBE regular dealers within the meaning of this section-
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular
dealer, will 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 required on the job site, provided the fees are reasonable
and not excessive as compared with fees charged for similar services.
7. When Reporting DBE Participation, Participation of DBE Trucking Companies May
Count as Follows.-
A, The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible.
B. The DBE must itself own and operate at least one fully licensed, insured and operational
truck used on the Agreement-
C. The DBE receives credit for the total value of the transportation services it provides on the
Agreement using trucks it owns, insures, and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm, including an owner-operator who is
certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Agreement.
Exhibit"B"
Page 5 or i l
37
EXHIBIT "B"
SPECIAL REQUIREMENTS
E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator The
DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it
receives as a result of the lease arrangement The DBE does not receive credit for the total
value of the transportation services provided by the lessee, since these services are not
provided by the DBE.
F For the purposes of this Section, a lease must indicate that the DBE has exclusive use and
control over the truck. This does not preclude the leased truck from working for others
during the term of the lease with the consent of the DBE, as long as the lease gives the
DBE absolute priority for use of the leased truck. Leased trucks must display the name and
identification number of the DBE.
The following provisions will be included in all consultant contracts with federal-aid funds. The
selected Consultant shall ensure the following provisions are included in contracts entered into
between the Consultant and any sub-consultants engaged in work included as part of the
City's federally funded contract.
Standard Agreement for Subcontractor/DBE Participation
1 . Subcontractors
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the Agency and any subcontractors, and no subcontract shall relieve the
Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to
be as fully responsible to the Agency for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by the Contractor. The Contractor's obligation to
pay its subcontractors is an independent obligation from the Agency's obligation to make
payments to the Contractor.
B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall
contain all the provisions stipulated in this Agreement to be applicable to subcontractors-
C. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each
payment made to the Contractor by the Agency.
D. Any substitution of subcontractors must be approved in writing by the Agency's Contract
Manager in advance of assigning work to a substitute subcontractor.
2. Disadvantaged Business Enterprise (DBE) Participation
A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs."
Exhibit"B"
Page 6 of 11
38
EXHIBIT "B"
SPECIAL REQUIREMENTS
Bidders who obtain DBE participation on this contract will assist Callrans m meeting its
federally mandated statewide overall DBE goal.
B. DBE and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of agreements financed in whole or in part with federal
funds The Contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. The Contractor
shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT- assisted agreements. Failure by the Contractor to carry out these requirements
is a material breach of this Agreement, which may result in the termination of this
Agreement or such other remedy as the recipient deems appropriate.
C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this section.
3. Performance of DBE Contractors and other DBE Subcontractors/Suppliers
A. A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing, and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction, Agreement, or project through which funds are passed in
order to obtain the appearance of DBE participation. In determining whether a DBE is such
an extra participant, examine similar transactions, particularly those in which DBEs do not
participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of the total
cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of
the work of the Agreement than would be expected on the basis of normal industry practice
for the type of work involved, it will be presumed that it is not performing a commercially
useful function.
4. Prompt Payment of Funds Withheld to Subcontractors
No retainage will be held by the Agency from progress payments due the prime contractor.
Any retainage held by the prime contractors or subcontractors from progress payments due
Exhibit"B"
Page 7 of 11
39
EXHIBIT "B"
SPECIAL REQUIREMENTS
subcontractors shall be promptly paid in full to subcontractors within 30 days after the
subcontractor's work is satisfactorily completed. Federal law (49CFR26.29) requires that any
delay or postponement of payment over the 30 days may take place only for good cause and
vvlth the agency's prior written approval. Any violation of this provision shall subject the
violating prime contractor or subcontractor to the penalties, sanctions and other remedies
specified in Section 7108.5 of the Business and Professions Code These requirements shall
not be construed to limit or impair any contractual, administrative, or judicial remedies
otherwise, available to the prime Contractor or subcontractor in the event of a dispute involving
late payment or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime
contractors and subcontractors
Any subcontract entered into as a result of this Agreement shall contain all of the provisions of
this section.
5. DBE Records
A. The Contractor shall maintain records of materials purchased and/or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
DBE or vendor, regardless of tier. The records shall show the date of payment and the total
dollar figure paid to all firms. DBE prime Contractors shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work-
B. Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business
Enterprises (DBE)," GEM-2402F (Exhibit 17-F in Chapter 17 of the LAP), certified correct
by the Contractor or the Contractor's authorized representative and shall be furnished to
the Contract Manager with the final invoice. Failure to provide the summary of DBE
payments with the final invoice will result in twenty-five percent (25%) of the dollar value of
the invoice being withheld from payment until the form is submitted. The amount will be
returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged
Business Enterprises (DBE)"is submitted to the Contract Manager-
(1) Prior to the fifteenth of each month, the Contractor shall submit documentation to the
Agency's Contract Manager showing the amount paid to DBE trucking companies. The
Contractor shall also obtain and submit documentation to the Agency's Contract Manager
showing the amount paid by DBE trucking companies to all firms, including owner-
operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the
Contractor may count only the fee or commission the DBE receives as a result of the lease
arrangement.
(2) The Contractor shall also submit to the Agency's Contract Manager documentation showing
the truck number, name of owner, California Highway Patrol CA number, and if applicable,
Exhibit"8"
Page 8 of 11
40
EXHIBIT "B"
SPECIAL REQUIREMENTS
the DBE certification number of the truck owner for all trucks used during that month. This
documentation shall be submitted on the Caltrans"Monthly DBE Trucking Verification,
CEM-2404(F) form provided to the Contractor by the Agency's Contract Manaqer.
6, DBE Certification and De-certification Status
If a DBE subcontractor is decertified during the life of the Agreement, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor
shall notify the Contractor in writing with the date of certification. Any changes should be
reported to the Agency's Contract Manager within 30 days.
7. When Reporting DBE Participation, Material or Supplies purchased from DBEs may
count as follows,
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the
materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm
that operates or maintains a factory or establishment that produces on the premises, the
materials, supplies, articles, or equipment required under the Agreement and of the general
character described by the specifications-
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of
the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns,
operates or maintains a store, warehouse, or other establishment in which the materials,
supplies, articles or equipment of the general character described by the specifications and
required under the Agreement, are bought, kept in stock, and regularly sold or leased to the
public in the usual course of business. To be a DBE regular dealer, the firm must be an
established, regular business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question. A person may be a
DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone
or asphalt without owning, operating or maintaining a place of business provided in this
section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment, shall be by a long-term lease
agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers' representatives, or other persons who arrange or expedite transactions are
not DBE regular dealers within the meaning of this section-
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular
dealer, will 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 required on the job site, provided the fees are reasonable
and not excessive as compared with fees charged for similar services.
Exhibit"B"
Page 9 of 11
41
EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the Following to Section 9.0, Miscellaneous Provisions:
Section 9.12, Non-Lobbying Certification for Federal-Aid Contracts. The Contractor certifies by
signing and submitting this agreement to the best of his or her knowledge and belief that.
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
Contractor, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal contract, grant, loan, or cooperative agreement-
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower-tier subcontracts,
which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Add the Following to Section 9.0, Miscellaneous Provisions:
Section 9.13, Debarment and Suspension Certification. The Contractor, under penalty of
perjury, certifies that, except as noted below, he/she or any other person associated therewith
in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any
federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
Exhibit"B"
Page 10 of 11
42
EXHIBIT "B"
SPECIAL REQUIREMENTS
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past 3
years.
If there are any exceptions to this certification, insert the exceptions in the following space.
END OF EXHIBIT "B"
Exhibit"B"
Page 11 of 11
43
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 lump sum costs per
task item 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 Jump sun
task item Fee until completion of such task item as determined by the Contract Officer. 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 judgment of the Contract Officer,
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
`task 1.0, Project Management
Task 1.1, Project Meetings $19,845.00
Task 1 2 Project Reports $2 160.00
Task 2.0, Planning and Project Development
Task 2,1, Research and Data Gathering $3A40.00
Task 22, Surveys $19,360,00
Task 23 Hydraulic & Scour Report %13 220.00
Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $5,020.00
Task 3.2, Right-of-Way Investigations $2,540.00
Task 3.3. Structure Type Selection $6 200.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study (PES) Form $8,030 00
Task 4.2(a), Biological Resources $33,600.00
Task 4.2(b), Cultural Resources $25,600.00
Task 4.2(c), Air Quality Report $7,060.00
Task 4.2(d), Noise Analysis $7,900.00
Task 4.2(e), Initial Site Assessment (ISA) $11,920.00
Task 4.2(f), Water Quality Assessment $7,820.00
Task 4.2(g), Location Hydraulic Study $7,820.00
Task 4.2(h), Biological Assessment (optional) $13,030.00
Task 4.2(i), Section 7 Consultation (optional) $8,550.00
Task 4.20), Focused Survey - Casey's June Beetle (optional) $8,580,00
Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $22,920.00
Task 4.3(b), Respond to Comments/Obtain Approval $26,850,00
Task 4.3(c), Mitigation Monitoring Plan $3,760.00
Task 4 3(d) Final Administrative Record $1.870.00
Phase 1 Subtotal $267,095,00
EXHIBIT "C"
(Continued Next Page)
Exhibit"C
Page 1 of 2
44
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Task Total
Lump Sum
PHASE 2 - CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Desiqn Report .$50.000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $4,000.00
Task 2,2, RCFC Coordination $4 To'0 00
Task 2.3, 35% Details $72,060.00
Task 2A, 60% Details $78,770,00
Task 2.5, 95% PS&E $83,190.00
Task 2.6 100% PS&E $13 480.00
Task 3.0, Environmental Permitting
Task 3.1a, Section 401 Water Quality Certification $14,600.00
Task 3.11b, Section 1602 Streambed Alteration Agreement $10,560.00
Task 3.1c, Section 404 Permit $12,780.00
Phase 2 Subtotal $343,450.00
Grand Total of Contract $610,545.00
END OF EXHIBIT "C"
Exhibit"C
Page 2 of 2
45
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Contractor hereby mutually agree that the nature of the scope of services associated
with this Contract, and the requirement to coordinate and obtain approvals by other agencies,
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 within 40 working days of completion of Phase 1, Task 3.
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 Phase 2, Task 2.
Exhibit"D"
Page 1 of 1
46