HomeMy WebLinkAbout04665 - HDR ENGINEERING GENE AUTRY RAILROAD BRIDGE WIDENING CP01-04 Kathie Hart
From: Marcus Fuller
Sent: Friday, March 06, 2015 9:53 AM
To: Kathie Hart
Cc: Carrie Rovney;Savat Khamphou;Tabitha Richards
Subject: Re: A4665-HDR Engineering (CP 01-04)
Yes please close.
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
City of Palm Springs
On Mar 5, 2015,at 4:45 PM, Kathie Hart<Kathie,Hart@palmsprings-ca.gov>wrote:
Has this project been completed?
Ok to close? �\o
Kathie Hart, MMC
Chief Deputy City Clerk
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City of Palm Springs "4? (760)323-8206
3200 E. Tohquitz Canyon Way „ (760)322-8332
Palm Springs,CA 92262 G-' Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
1
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 4665
WITH HDR ENGINEERING, INC.
GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING
CITY PROJECT NO. 01-04
The following articles of Agreement No. 4665 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Six Hundred Forty-Two Thousand Five
Hundred Three Dollars ($642,503.00).
SCOPE OF SERVICES (Exhibit"A")- Please see attached sheets for additional work.
SCHEDULE OF COMPENSATION (Exhibit "C)- Please see attached sheet.
Purchase Order Number(s): 316443
Agreement Number: 4665
Original MO Number. 7271
City Council Approval: March 5, 2003
Original Contract Amount: $ 481,000.00
Amount of Prior Changes: $ 106,916,00
Amount of This Increase: $ 54,587.00
Amended Total: $ 642,503.00
Account No.: 134-4497-50214
SIGNATURES ON LAST PAGE
EXHIBIT A is amended as follows:
Add the following services:
Task 8 Design Services During Construction.Contractor shall provide engineering services described
herein during construction phase of the project.The Contractor's role during the construction of the project
is to support the Riverside County Transportation and Land Management Agency ("County') and its
Construction Manager in their oversight of the construction contract for the project being administered by
the County for the City. This scope of work is based on the understanding that all work will be performed
on a time and materials basis up to the approved amount as listed on Exhibit C. Any work outside this
scope of work, and/or in excess of the approved amount for this Task 8 scope of work will require an
additional written authorization from City before commencement of said work.
Construction Period Services - This task includes construction support services in support of the
construction phase of the project. The main objectives of this task are (1) to respond to the County's
Construction Contractor's questions and provide clarifications of the project design,(2)provide engineering
support to the County and its Construction Manager, and (3) provide engineering support.
Task 8.f-Management.The project managerwill be responsible for the management and administrative
aspects of the project, assign tasks, coordinate the work with the project team members, and prepare
monthly project invoices. Contractor shall prepare and implement a quality control plan throughout the
duration of the project and perform regular internal quality control audits. Contractor shall maintain a
system of filing all project related documents.
Task 8.2-Project Meetings: The Contractor shall be available to attend the pre-construction conference
as well as additional meetings during the construction phase. For estimating purposes, it is assumed that
one (1)Contractor representative will be required to attend monthly progress meetings for the assumed
project duration of 12 months. In conjunction with the meetings, Contractor shall perform one (1) field
review per two months to view project site conditions.
Task 8.3-Additional Field Reviews: In addition to the site observations provided as part of Task 2, an
additional two(2) field reviews in the year 2010 will be performed during the project duration.
Task 8.4 - Response to Requests for information (RFI) and Requests for Change (RFC): The
Contractor shall be available to respond to RFI's (a total of 20 assumed)and RFC's(a total of 7 assumed)
during construction, as may be requested by County.
Task 8.5-Submittals and Shop Drawings:Contractor shall review the County's construction contractor's
submittals and shop drawings (up to 10 assumed) as may be requested by County to verity compliance
with the project's plans and specifications ("Contract Documents").
Task Deliverables
• Monthly Invoices.
Key Understandings
• The overall duration of the Construction Period is 12 months.
• All work shall be performed on a time and materials basis.
• Reviews will be in accordance with the project specifications and plans.
• The County's construction contractor submittals and RFI's submitted for review are assumed to be
complete and in accordance with the project plans, specifications, and incorporated reference
documents.
County and/or its Construction Manager shall furnish all submittal, RFI, and RFC materials for
Contractor's review in a timely manner, and in accordance with the Contract Documents.
• County and/or its Construction Manager will arrange all meetings, will produce and distribute all
meeting minutes, and will distribute status reports to other required parties.
• Rates charged for work under this Task 8 shall be those in effect during year(s) in which services are
performed.
EXHIBIT C is replaced with the following exhibit:
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 frequentlythan monthly,and shall be based on costs per unit of work as Indicated herein. Lump sum
payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below,to
a maximum of 75%of the lump sum task item fee until completion of such task item. Each request for payment shall
contain Contractor's statement of the work or tasks completed or portion performed,with supporting documentation.
The determination of payment due shall be made based upon the reasonable judgement of the Contract Officer.
Sub-Task Total Task Total
Lump Sum Lump Slim
Task 1.0, Proiect Management $23.700..0,9,
Task 2.0, Planning and Project Development --- $44.565.00
Task 2.1, Research and Data Gathering $5,172.00 ...
Task 2.2, Surveys $21.845.00 ---
Task 2.3, Permitting $17,548.00 _ ---
Task 3.0. Preliminary and Concept Plans (Project Report) --- $106,783,00
Task 3.1, Hydrology Report $10,530.00 ---
Task 3.2. Preliminary Geotechnical Report $25,973.00 ---
Task 3.3, Utility Coordination $7,540.00 ---
Task 3.4,Traffic Management Plan (TMP) $8,100,00 ---
Task 3.5, Fact Sheets $7,900,00 ---
Task 3.6, Structural Section Review/Seismic Retrofit $4.540.00 ---
Task 3.6(a), Crash Wall Redesign $0.00 ---
Task 3.7, Bridge Advanced Planning Studies (APS)/Type Selection $22.880.00 ---
Task 3.8 Geometric Approval Drawings (GADS) $19,320.00 ---
Task 4.0, Environmental Approval --- $92.766,00
Task 4.1, Technical Studies $80.953.00 ---
Task 4.2, Inkial Study (ISVEnvironmental Assessment(EA) $11,813.00 ---
Task 5.0, Final Design Reports and Studies --- $10,780-00
Task 5.1, Geotechnical Design Report $1,400.00 ---
Task 5.4 Utility Coordination $9,380.00
Task 6.0,Plans, Specifications and Estimates (PS&E) --- $303,502.00
Task 6.1, Structural Design and Calculations $12,728.00 ---
Task 6.1(a) Existing Bridge Seismic Retrofit Structural Design $24,605.00 ---
and Calculations
Task 6.2, Draft PS&E (Structure) $36,320.00 ---
Task 6.2(a) Draft PS&E (Seismic Retrofit) $28,257.00 ---
Task 6.3. Independent Check Review and Quality Control $26,640.00 ---
Task 6.3(a) Independent Check Review and Quality Control $32.124.00 ---
(Seismic Retrofit)
Task 6.4, Final PS&E (Structure) $30,960.00 ---
Task 6.4(a) Final PS&E (Seismic Retrofit) $22,586.00 ---
Task 6.5, Draft PS&E (Roadway) $38,802.00 ---
Task 6.6, Final PS&E (Roadway) $16,550.00 ---
Task 6.6, Final Traffic Control Plans $6,902.00 ---
Task 6.7, Final Miscellaneous Plans $14,830.00 ---
Task 6.8, Riverside County Coordination $12 1.98.00 ---
Task TO, Construction Bidding Phase --- $5,760.00
Task 8.0. Design Services During Construction $54,587.00
Total of all Tasks of this Contract --- $642,503.00
Except as specifically amended by this Amendment No.3,all terms and provisions of Agreement No.4665
remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
City Clerk r� act 1 (jI Q City Manage[^:'�' -~
APPkZOVED AS TO FARM:
APPROVED BY CITY COUNCIL
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ONTR TO Check one:_Individual_Partnership__Corporation
Corporations require two notarized signatures:One signature must be from the Chairman of Board,President,or any vice President.The second
signature mkt ba fro cretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By
arized Signature of Chairman of Board, No d-Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst treasurer or Chief Financial Officer
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who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be
the person(a7 whose namaK ls/are subscribed to the within the persons)whose name(s)IrJare subscribed to the within
Instrument and acknowledged to me that he/eha/Uroy executed instrument and acknowledged to me that ha/she/they executed
the same in hislfxdtpeir authored eapadty(les), and that by the same in his/her/their authvdzed capacity(ies),and that by
his/her&Walr signature(e)on the instrument the personK,or the his/her/their signatune(s)on the instrument the persan(s),or the
entity upon behalf of which the person(w)acted, executed the entity upon behalf of which the person(s)acted,executed the
instrument. Instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph Is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand a d of seal. __ WITNESS my hand and official seal. n"
Notary Signature. Notary Signature, "'•""•"- �' (? �
Notary Seal: Notary Seal!
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AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 4665
WITH HDR ENGINEERING, INC.
GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING
CITY PROJECT NO, 01-04
The following articles of Agreement No. 4665 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Five Hundred Eighty-Seven Thousand
Nine Hundred Sixteen Dollars ($587,916.00).
SCOPE_OF SERVICES (Exhibit-A-1- Please see attached sheets for additional work.
SCHEDULE OF COMPENSATION (Exhibit"C") - Please see attached sheet.
Purchase Order Number(s). 316443
Agreement Number: 4665
Original MO Number: 7271
City Council Approval: March 5, 2003
Original Contract Amount: S 481,000.00
Amount of Prior Increase: $ 107,572.00
Amount of Increase/
or (Decrease): $ (656,00)
Amended Total: $ 587,916.00
SIGNATURES ON LAST PAGE
EXHIBIT A is amended as follows:
Delete the following services:
Task 5.2, Right-of-Way Engineering
Task 5.3 Right-of-Way Acquisition
Add the following services:
Task 6,8 Riverside County Coordination. Contractor shall revise the final PS&E documents to
be consistent with the Riverside County standard format specifications, and other services as
necessary to combine the City's PS&E package with the Riverside County's PS&E package for the
adjacent Gene Autry Trail / Interstate 10 Interchange project. Services shall include:
1. Coordination with Riverside County Survey Division and Transportation Department
2. Respond to Riverside County questions
3. Review the revised specifications and verify pay clauses and bid items
4. Review the Standard Special Provisions (SSP) revised by Riverside County
5. Preparation of Cost Estimate of the Federal Trainees Program
Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement
No. 4665 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: yy: -
City Clerk 12 OR f Z Cb9 City Manager
APPROVED BY CITY couimCll
AP .ROVED AS 70 FORM: Q �11 D P�bb1
g ity ttor PQ �7•Jtt'v•d��,.. ..,,...�,.,
CONTRACTOR! Check one, Individual Partnership_Corporation 111
Corpotauons require two norarmcd signatures: One signature must be from The Chairman of Board,President,or any Vice President The second
signature mutt be fro tary,Assistant Seel erary,Treasurer,Assisrani Treasurer,or Chief Financial Officer).
1 _
huarnze Signature of Chairman of Board, E . ` N�nzcd Signature Secretary, Asst SecreratyJ
President or any Vice President Treasurer,Asst treasurers or Chief Financial Officer
Name:�1 Name: L-(At S —y•
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person(sy whose name(uis ies5,Ascnbed to die within instrument pelson(s) whose name(s) islarc subscribed to the within instrument
id acknowledged to me [ha h• he/they executed r,^sartie in and acknowledged to me that he/she/they executed the same in
hO herlrheu uuthorh2ed capamty(�e51 and that by his! r/diefr his/herhlieir authorized capamty(ies), and that by his/her/Their
signature(r)on the instrument the personO,or the entity upon behalf signature(s)on the instrument die person(s),or the entity upon behalf
of which the personpii acted,executed the instrument. of which the person(r)acted,executed the instrument
I ccmfy under PCNALTY OF PER]uRY under dic laws of die State I certify under PENALTY OF PCPJURY under the laws of The Stare
of California that the foregoing paragraph is true and correct. of California that The foregoing paragraph Is mic and correct.
WITNESS my li and ffl cal WITNESS my h'd�and official seal.
Notary Signature: Notary Signature ) vin�2._. z.,fiGCe`
Notary Seal: Notary Seal
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Commis slon tY 1739397 GGNENALNOTOR-State alNBbfsaW
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EXHIBIT C is replaced with the following exhibit:
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit Aof this Agreement- Payments to Contractor shall
be made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein.
Lump sum payments shall be made to Contractor based upon completion of tasks,or pro-rata portions thereof
noted below,to a maximum of 75% of the lump sum task item fee until completion of such task item. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion performed,
with supporting documentation. The determination of payment due shall be made based upon the reasonable
judgement of the Contract Officer,
Sub-Task Total Task Total
Lump Sum Lump Sum
Task 1.0, Project Management _ $23 760=00
Task 2.0, Planning and Project Development --- 544,565.00
Task 2.1, Research and Data Gathering $5,172.00 —
Task 2.2, Surveys $21,845.00 —
Task 2.3, Permitting $17,548.00
Task 3.0, Preliminary and Concept Plans (Project Report) --- $106,783 00
Task 3 1, Hydrology Report $10,530.00 —
Task 3.2, Preliminary Gsotechnical Report $25,973.00 —
Task 3.3, Utility Coordination $7,540,00 ---
Task 3.4, Traffic Management Plan (TMP) $8,100.00
Task 3.5, Fact Sheets $7,900.00 —
Task 3.6, Structural Section Review/Seismic Retrofit $4,540,00 —
Task 3.6(a), Crash Wall Redesign $0,00 --
Task 3.7, Bridge Advanced Planning Studies (APS)/Type Selection $22,880.00 ---
Task 3.8, Geometric Approval Drawings (GADS) _ $19 320.00
Task 4.0, Environmental Approval --- $92,766.00
Task 4.1, Technical Studies $80,953.00 ---
Task 4.2 Initial Stud (IS /Environmental Assessment EA 11 813.00
Task 5.0, Final Design Reports and Studies — $10,780.00
Task 5.1, Geotechnical Design Report $1,400,00
Task 5.8, Riglit of
Task 5.4 Utility Coordination $9,380=00
Task 6.0, Plans, Specifications and Estimates (PS&E) --- $303,502.00
Task 6.1, Structural Design and Calculations $12,728.00 —
Task 6.1(a) Existing Bridge Seismic Retrofit Structural Design $24,605.00 and Calculations
Task 6.2, Draft PS&E (Structure) $36,320.00 —
Task 6.2(a) Draft PS&E (Seismic Retrofit) $28,267.00 ---
Task 5.3, Independent Check Review and Quality Control $26,640.00 —
Task 6.3(a) Independent Check Review and Quality Control $32,124.00
(Seismic Retrofit)
Task 6.4, Final PS&E (Structure) $30,960.00 ---
Task 6.4(a) Final PS&E (Seismic Retrofit) $22,586.00 ---
Task 6 5, Draft PS&E (Roadway) $38,802.00
Task 6 6, Final PS&E (Roadway) $16,550.00 ---
Task 6.6, Final Traffic Control Plans $6,902.00 --
Task 6.7, Final Miscellaneous Plans $14,830.00 ---
Task 6.8, Riverside County Coordination $12,198.00_
Task TO, Construction Bidding Phase $5,760.00
Total of all Tasks of this Contract --- $587,916.00
HDR Engineering, Inc.
GeneAutry Trail Railroad
Bridge Widening CP 01-04
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEM'; AGREEMENT #4665
WITH HDR ENGINEERING, INC. MO 7630, 2-16-05
GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING
CITY PROJECT NO. 01-04
This Amendment No. 1 to the Contract Service Agreement with HDR Engineering, Inc.,
(Agreement No. 4665), pproved by the City Council on March 5, 2003, is made and entered
into this day of ( % , 2005, by and between the City of Palm Springs, a
municipal corporation (hereinaftea"City") and HDR Engineering, Inc., (hereinafter"Contractor").
RECITALS
Whereas, the City and Contractor now desire to extend the term of Agreement No. 4665
to revise the scope of work.
The recital above is incorporated herein by reference and the following articles of
Agreement No. 4665 are hereby amended to read as follows:
1. SECTION 2.1 The maximum contract amount is amended to Five Hundred Eighty-Eight
Thousand Five Hundred Eighty-Five Dollars ($588,572.00).
2. SCOPE OF SERVICES (Exhibit "A") — Exhibit "A, " the Scope of Services shall be revised to
incorporate new tasks as set forth on the attached Supplemental Scope of Services which is
attached hereto as Exhibit "A-1".
3. SCHEDULE OF COMPENSATION (Exhibit "C') — Exhibit "C," the Schedule of
Compensation shall be revised to incorporate compensation for the new tasks added to the
Supplemental Scope of Services.
4. Except as specifically amended by this Amendment No. 1, all terms and provisions of
Agreement No. 4665 remain in full force and effect.
Purchase Order Number(s): 316443
Agreement Number: 4665
Original MO Number: 7271
City Council Approval: March 5, 2003
Original Contract Amount: $ 481,000.00
Amount of Increase: $ 107,572.00
Amended Total: $ 588,572.00
[SIGNATURES ON NEXT PAGE]
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
City Clerk r City Managel-6'`�
If
,;htiL_,
APPROVED AS TO FORM:
By: � �{
t9 City
CONTRACTOR: Check one:_Individual Partnership_Corporation
Corporations require two notarized signatures One signature must be from the Chairman of Board,President,or any Vice President The second
signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: Nature:
Title: Title:
Stale of ❑ Stale of ❑
County of ❑ss County of ❑ss
On before me, On before me, ,
personally appeared personally appeared
personally known to me(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to tie evidence)to be the person(s)whose narne(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/diey executed within instrument and acknowledgedto me that he/she/they executed
the same in his/her/tlierr authorized capacny(ics), and that by the same in his/her/their authorized capacity(ies), and that by
his/her/tlieir signature(s) on the instrument the person(s), or the his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which tie persons) acted, executed the entity upon behalf of which die person(s) acted, executed the
instrument. instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement
No. 4665 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
i
CONTRACTOR: Check one:_Individual_Partnership ,,,Corporation
Corporations require two notarized signatures One signature must be fiom the Chairman of Board, President, or any Vice President The
second signature must
must be from the Secretary,Assistant Secretary,Treasurer,Assistant—TCeaSmer,m Chief Financial Officer).
By f By:
�9°�'r`!( / -:.T,_,._� '�rlec(N.otarized Sig me
of Chairman of Board, JN''otarized Signature Secretary, Asst Secretary,
President or any Vice President Treasurer, Asst treasurer or Chief Financial Officer
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Name:_ Name: Lo t i
Title: q Title: �C
State of ,�.>��t �.1 State of A�LhQ-Gl S
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personally known to me(or proved to me on the basis of satisfactory personally (mown to me(or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s)is/are subscribed to[Ire evidence) to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/shehhey executed within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by the same in his/her/their authorized eapacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the entity upon behalf of which the persons) acted, executed the
instrument, instrument.
WITNESS my hand
and official seal. WITNESS my hand and official seal. q1 l)
Notary Signature �iys SJsC� �h-1.P'0, otary Signature:
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Notary Seal: Notary Seal:
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---
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
The following services are hereby added:
Task 3.6(a) Crash Wall Redesign. Contractor shall furnish the Union Pacific Railroad (UPRR) with a
memorandum providing the estimated gap and clearance information between the UPRR crash wall and the existing
bridge column, and between the UPRR crash wall pile foundation and existing column footing, as necessary for
UPRR to redesign the UPRR crash wall to allow for implementation of future column and footing retrofit.
Contractor shall provide sketches along with the memorandum showing estimated required clearance between the
existing bridge column/footing and the proposed location of the UPRR crash wall. The proposed location of the
UPRR crash wall will meet UPRR clearance requirements. No engineering calculation/seismic analysis shall be
performed as part of this task item of work. Redesign of the UPRR crash wall shall be performed by a different
contractor and is not part of this contract.
Task 6.I(a) Existing Bridge Seismic Retrofit Structural Design and Calculations. Contractor shall design
necessary seismic retrofit measures and associated details for the existing bridge of the proposed widened structure
and perform a fmal seismic analysis with the retrofit measures included in the model. The column deflections of the
final widened and retrofitted bridge shall be tabulated and the gap and clearance required shall be checked against
those provided in the memorandum to UPRR as defined in Task 3.6(a). Seismic retrofit structural design and
calculations shall be performed in compliance with the latest Caltrans' seismic design requirements and shall include
the following elements: Combined Seismic Models - the combined seismic model shall be set up using a three
dimensional general structure program (STADD) and shall have the widening portion included in with the as-built
seismic model, this model shall include all of the retrofitted measures and a final modal analysis shall be performed
to validate the sufficiency of the retrofit design;Bent Push-Over Analysis- a plastic bent push-over analysis shall be
performed on each bent to attain the displacement capacities on each bent for both existing and retrofit conditions,
moment-curvature analyses for the existing columns for both existing and retrofit conditions shall be performed
conforming to Caltrans seismic design criteria; Bent Cap Retrofit Design - calculations and details for bent cap
retrofit shall be prepared; Column Retrofit Design - calculations and details for column retrofit design shall be
prepared; Footing Retrofit Design - calculations and details for footing retrofit design shall be prepared; and
Abutment Retrofit Design - calculations and details for abutment retrofit design shall be prepared. The seismic
retrofit design and final seismic modal analysis shall be based on the retrofit strategies stipulated in Are Bridge
Retrofit Report.
Task 6.2(a) Draft PS&E(Seismic Retrofit). Contractor shall prepare structural plans containing all seismic retrofit
measures, as deterri ned from the seismic retrofit design analyses as performed in Task 6.1(a), such that the existing
structure meets the seismic design requirements. The seismic structure plans shall be included with the structure
plans set for the widening project. Contractor shall prepare Special Provisions for items pertinent to the seismic
retrofit design and not covered by the Caltrans Standard Specifications or Standard Special Provisions (SSP's). The
SSP's shall be edited and Seismic Retrofit Special Provisions specific to this project produced and incorporated into
the Final PS&E. The Seismic Retrofit Special Provisions shall be prepared, signed and stamped by a California
registered Professional Engineer. Contractor shall prepare Seismic Retrofit Specifications conforming to Caltrans
requirements. Contractor shall prepare quantity calculations for items applicable to the seismic retrofit design, and
prepare the corresponding seismic retrofit cost estimate. Contract items shall be supported by quantity calculations
prepared in a neat and orderly fashion and show all sketches, diagrams and dimensions necessary to allow them to
be independently used by field inspectors. All quantity calculations shall be independently checked. Contractor shall
prepare a Construction Cost Estimate using the latest available Caltrans cost data, City's cost data and actual recent
construction costs in the Project area.
Agreement No. 4665
Amendment 1
Page 4
Task 6.3(a) Independent Check Review and QualiO7 Control (Seisinic Retrofit). Contractor shall conduct an
Independent Check review upon the completion of the initial seismic retrofit design. The Independent Check
Review shall consist of preparation of an independent set of seismic retrofit design check calculations and review of
the PS&E, which shall be performed by senior Structural Engineers who are not part of the design team. Any
difference in findings from the seismic retrofit design and the independent check shall be identified and reconciled
before the final submittal.
Task 6.4(a) Final PS&E (Seismic Retrofit). Contractor shall prepare a final "bid-ready" PS&E for the bridge
seismic retrofit design, to be part of structure plans for the bridge widening.
Agreement No. 4665
Amendment 1
Page 5
EXHIBIT C
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall
be made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein.
Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rasa portions thereof
noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion performed,
with supporting documentation. The determination of payment due shall be made based upon the reasonable
judgment of the Contract Officer.
Sub-Task Total Task Total
Lump Sum Lump Sum
Task 1.0,Project Management --- $23,760.00
Task 2.0,Planning and Project Development--- $44,565.00
Task 2.1,Research and Data Gathering $5,172.00 ---
Task 2.2, Surveys $21,845.00 ---
Task 2.3,Permitting $17,548.00 ---
Task 3.0,Preliminary and Concept Plans(Project Report) --- $106,783.00
Task 3.1,Hydrology Report $10,530.00 ---
Task 3.2,Preliminary Geotechnical Report $25,973,00 ---
Task 3.3,Utility Coordination $7,540.00 ---
Task 3.4,Traffic Management Plan(TMP) $8,100,00 ---
Task 3.5,Fact Sheets $7,900.00 ---
Task 3.6, Structural Section Review/Seismic Retrofit $4,540.00 ---
Task 3.6(a),Crash Wall Redesign $0.00 ---
Task 3.7,Bridge Advanced Planning Studies (APS)/Type Selection $22,880.00 ---
Task 3.8, Geometric Approval Drawings(GADS) $19,320.00 ---
Task 4.0,Environmental Approval --- $92,766.00
Task 4.1,Technical Studies $80,953.00 ---
Task 4.2,Initial Study(IS)/Environmental Assessment(EA) $11,813.00 ---
Task 5.0,Final Design Reports and Studies --- $23,634.00
Task 5.1,Geotechnical Design Report $1,400.00 ---
Task 5.2,Right-of-Way Engineering $9,010.00 ---
Task 5.3,Right-of-Way Acquisition $3,844.00 ---
Task 5.4,Utility Coordination $9,380.00 ---
Task 6.0,Plans, Specifications and Estimates(PS&E) --- $291,304.00
Task 6.1, Structural Design and Calculations $12,728.00 ---
Task 6.1(a)Existing Bridge Seismic Retrofit Structural Design $24,605.00 ---
and Calculations
Task 6.2,Draft PS&E(Structure) $36,320.00 ---
Task 6.2(a)Draft PS&E(Seismic Retrofit) $28,257.00 ---
Task 6.3,Independent Check Review and Quality Control $26,640.00 ---
Task 6.3(a)Independent Check Review and Quality Control $32,124.00 ---
(Seismic Retrofit)
Task 6.4,Final PS&E(Structure) $30,960.00 ---
Task 6.4(a)Final PS&E(Seismic Retrofit) $22,586.00 ---
Task 6.5,Draft PS&E(Roadway) $38,802.00 ---
Task 6.6,Final PS&E(Roadway) $16,550.00 ---
Task 6.6,Final Traffic Control Plans $6,902.00 ---
Task 6.7,Final Miscellaneous Plans $14,830.00 ---
Task 7.0.Constmction_Biid in_.Phase --- $5.760.00
Total of all Tasks of this Contract --- $588,572.00
CONTRACT ABSTRACT
Contract
Company Name: HDR Engineering, Inc.
Company Contact: Walter Quesada
Summary of Services: CP#01-04, GAT RR Bridge Widening
Contract Price: $588,572 (including this A#1 for $107,572)
Funding Source: 261-4491-50214/ 134-4497-50214
Contract Term: Open Until Completed
Contract Administration
Lead Department: Public Works & Engineering
Contract Administrator: David Barakian/Marcus Fuller
Contract Approvals
Council/Community Redevelopment Original Council Date: March 5, 2003
ASency Approval Date: Amendment Council Date: February 16, 2005
Minute Order/Resolution Number: Original MO#7271 / Current MO#7630
Agreement Number: 4665
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Contract prepared by:
Submitted on: By:
CERTIFICATE
The undersigned hereby certifies that he is the Secretary of HDR Engineering, Inc., a
Nebraska corporation, and that, as such, has custody of the minute books of the Corporation, and
that, by Consent and Agreement of the Board of Directors dated May 19, 2004, the following
resolution was unanimously adopted:
"RESOLVED, that effective immediately and until June 20, 2005, or until
termination of said individual from the Corporation, or until recision by the Corporation's
Board of Directors, whichever occurs first, the following individuals are hereby granted the
nondelegable authority to execute or approve on behalf of the Corporation, contracts for
engineering services and architectural services incidental to engineering services to be
rendered by the Corporation, . . . , or releases of claim or lien in connection with such
services, such contracts or releases so executed or approved shall be binding upon the
Corporation:
". . . William E. Bennett, Jr. —Vice President . . ."
The undersigned further certifies that the foregoing resolution has been spread in full upon
the minute books of the Corporation and is in full force and effect.
DATED ����y 2004.
(CORPORATE SEAL)
Louis J. Pachman, Secretary
HDR Engineering
Gene Autry Bridge Widening
AGREEMENT #4665
M07271 , 3-5-03
CITY OF PALM SPRINGS --- -
Public Works and Engineering Department
CONTRACT SERVICES AGREEMENT FOR
GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING
CITY PROJECT NO. 01-04
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this.
day of _ 'B�_li.1 r-� 20L' j, by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein "City") and HDR Engineering, Inc., (herein "Contractor"). (The term Contractor includes
professionals performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
t.t 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.
r
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 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.
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1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be
caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the
other.
1.8 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a
written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in(i)the
Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. 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 and that Contractor shall not he entitled to additional compensation therefore.
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 of 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 Pour Hundred Eighty-
One Thousand Dollars ($481,000.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the
percentage of completion of the services, (iii)payment 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.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule
of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1st) 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
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Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the
last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "W, if any, and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the
Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year
from the date hereof, except as otherwise provided in the Schedule of Performance.
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:
Walt Quesada, P.E.; Project Manager & Vice-President
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
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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 requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that
no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing
advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor
shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not in 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) Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than
either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury
limits of$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and
property damage limits of$500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of
insurance shall be in an amount not less than$5,000,000 combined single limit.
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(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in
the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$500,000 per
person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and
$500,000 in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage
for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers,
employees and agents as additional insureds, except that the City shall not be named as an additional insured for the
Worker's Compensation Insurance nor the Professional Liability Insurance. 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. All of said policies of insurance shall provide that said insurance may not be amended or canceled without
providing thirty (30) days prior written notice by registered mail-to the City. 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 or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
All certificates shall name the City as additional insured (providing the appropriate endorsement), be
signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named
herein."
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 persons 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 policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
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, whether or not there is concurrent passive or active negligence on the part of the City, its officers,
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agents or employees 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 is made a party to any
action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses
incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to,
legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City
Clerk,which secures the faithful performance of this Agreement,unless such requirement is waived by the Contract
Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain
in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California,rated"A" or better in the most recent
edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the City Manager or designee of the City
("City Manager")due to unique circumstances. In the event the City Manager determines that the work or services
to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may
be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the
Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City
Council of City within ten(10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be
performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any
facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or
services contemplated herein or, if Contractor is providing design services, the cost of the project being designed,
Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated
increased or decreased cost estimate for the project being designed.
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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.
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, and 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 of 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, and 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 parry'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 made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall
PS2/276/099999-3"2160684.2 6/14/96
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exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to
exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting
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 Liouidated 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 upon, 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 such 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 such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating parry 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
PS2276/099999-3000/2160684 2 6/14/96
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8
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-DISCRINIINATION
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 patty 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.
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, and in the case
of the Contractor, 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.
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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.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS,
a municipal corporation
Ca 4CiCler3k By-c_a.:�-"'"��—'�'"i���
City Manager
APPROVED AS TO FORM: s
ity Attorney Agreement over/uadw-$25,000
Reviewed and approved by
Procurement & Contracting
Initials _ Date A a o'
P.O. 1Vutnber
F52/276/099999-3000/2I M684.2 6/14/96
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CONTRACTOR:
1 DR ENGINEERING, INC. {
(Check one: _Individual_Partnership v6 Corporation)
By: di
�t Signature-�
�r
1 /
Print Name&Title
By:
Signature
Print Name&Title
(Corporations require two signatrims: One from each of the
fallowing: A. Chairman of Board,President,any Vice President:
AND B. Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer).
Mailing Address:
One City Boulevard West, Suite 900
Orange, CA 92868-3621
(END OF SIGNATURES)
FS2/296/099999-3 WO/2160684 2 6/14/96
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ALL-PURPOSE ACKNOWLEDGEMENT
Fpersonally
ornia
SS.
c� f'
—( before me, r
IDATF) ��� (NOTARY)
peared /�-nnc S �._ ,:r ,
SIGNER(S)
known to me OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
M - acknowledged to me that he/she/they executed
BARBABA BAE T1,11 1".
Comm.tJ 1236763 the same in his/her/their authorized
qy�i� v, �� �' idurnrly ruatia cntiloawn capacity(ies), and that by his/her/their
`•« Oran e Count,. M�Comm. Expros Oct. 1,2003 signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
� n
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY—IN—FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S)OR ENTITY(ES) OF
a
E
SIGNER -
APA 5/99 VALLEY-SIERRA, 800-362-3369
EXHIBIT "A"
SCOPE OF SERVICES
The intent of this contract is to provide the City with environmental and engineering design services to accomplish
the widening of Gene Autry Trail from two(2)to six(6)lanes, extending from Salvia Road/Micro Place, across the
Union Pacific Railroad over the existing Palm Drive Overhead (Bridge 56C-082). 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.
Task 1.0 Project Management
Hold PDT Meetings. Contractor shall coordinate and attend Project Development Team(PDT) meetings with the
City's Project Manager and other required representatives from affected agencies at least once per month, or as
necessary. Walt Quesada, the Project Manager, along with any necessary sub-consultants, shall attend as
appropriate. Minutes shall be prepared by the Contractor at each meeting and then distributed to the City's Project
Manager and other attendees at each succeeding meeting.
Budgeting. Budgets for each task shall be prepared by Contractor, along with milestones for the project.
Contractor shall monitor the budgets, and shall be used as the basis for cost monitoring and control.
Cost Accounting. Monthly reports shall be prepared of expenditures for the project by task and milestone. The
expenditure reports shall serve as the basis for monthly invoices.
Scheduling. A detailed project schedule will be prepared within one month after receiving the Notice to Proceed
from the City. The schedule will include all tasks, milestones and project activities, deliverables, and shall reflect
necessary review time by affected agencies. Project schedule adjustments will be accommodated on an as needed
basis throughout the duration of the project, and schedule updates shall be provided at each monthly progress
meeting.
Document Control. Contractor shall establish and maintain project files in accordance with the Caltrans Project
Development Uniform file system, or as required by the City's Project Manager.
Quality Control Plan. Contractor shall submit a Quality Control Plan to the City within two weeks of Notice-To-
Proceed (NTP).
Task 2.0 Planning and Proiect Development
Task 2.1 Research and Data Gathering. Contractor shall obtain and review existing topographic mapping, photos,
bridge reports, maintenance reports, right-of-way maps, as-built plans, record maps and surveys, study reports,
assessor maps, contract documents, and any other pertinent data required for the project. The Contractor shall
review all available information and determine what additional information will be necessary to complete the
project.
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Task 2.2 Surveys. 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:
Control Survey: Contractor shall determine and/or establish vertical and horizontal control.
Topographic Survey: The Contractor shall conduct field and/or aerial surveys as necessary.
Utility Survey: The Contractor shall conduct field surveys to locate all existing underground and overhead utilities
and facilities.
Task 2.3 Permitting. Contractor shall work closely with the City, Union Pacific Railroad(UPRR), and California
Public Utility Commission (PUC) coordinating issues involving access to railroad right-of-way, UPRR safety
requirements, railroad design standards and guideline practices. The Contractor shall coordinate required permit
applications and permit processing with the UPRR and PUC, including encroachment permit coordination for field
surveys and permitting/review of the project within railroad right-of-way. Permitting in this task includes railroad
right-of-entry permit. Environmental permitting is not included.
Contractor shall submit an Encroachment Permit application to the City to be forwarded to Caltrans to allow field
staff to conduct geotechnical sampling and surveys within the freeway right-of-way (if necessary). Concurrently,
Contractor shall identify additional locations outside of the right-of-way where it will be necessary to obtain specific
rights-of-entry from affected property owners. A listing of candidate locations outside of the right-of-way shall be
furnished to the City.
Task 3.0 Preliminary and Concept Plans (Project Report)
Contractor shall prepare preliminary and concept roadway and bridge plans as part of a Project Report for approval
by the City. As part of the Project Report, the following technical studies and reports shall be prepared:
Task 3.1 Hydrology Report. Contractor shall provide hydrology/hydraulics analysis closely coordinated with the
affected agencies, including the Riverside County Flood Control and Water Conservation District (RCFC) and/or
Coachella Valley Water District (CVWD). The report will quantify the magnitude and frequency of the design
flows from adjacent areas to the Project area and the volumes attributable to the proposed improvements. The City
will provide recent and comprehensive hydrology studies within the project area that may be available for use by the
Contractor.
Task 3.2 Preliminary Geotechnical Report. The draft Preliminary Geotechnical Report will be used in the Project
Report and environmental documents. This tasks entails collecting existing subsurface information that is available
for the area, including geological maps by the California Division of Mines and Geology, geological maps
published by the USGS and groundwater well information. The available information shall be reviewed to provide
seismic and geologic information and groundwater data for the Project Report and environmental documents.
Findings identifying any seismic and geological hazards impacting the design and construction of the project shall be
documented in the report.
Task 3.3 Utility Coordination. Existing utilities including irrigation lines within the project limits that may be
impacted shall be identified.
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Task 3.4 Traffic Management Plan (TMP). A TMP shall be developed in conjunction with the City, Caltrans and
other local agencies to minimize disruptions to traffic circulation during construction. The TMP may be combined
into one comprehensive plan for use with both City Project 01-04 and City Project 02-03.
Task 3.5 Fact Sheets. Contractor shall conduct a review of the preferred alternative using the Caltrans Design
Checklist (Bulletin 78). Any deviations from design standards will be recorded using the guidelines in the Project
Development Procedures Manual (PDPM).
Task 3.6 Structural Section Review/Seismic Retrofit. Contractor shall prepare both static and dynamic computer
analyses to analyze the existing structure for deficiencies. Displacement demand/capacity ratio for the critical
components of the existing structure will be provided. If the existing structure is determined to be inadequate under
the design seismic loading, Contractor will provide a retrofit strategy report, which outlines the recommended
improvements to prevent structure collapse. The seismic retrofit analysis work will be prepared in compliance with
Caltrans requirements. The Contractor will not provide design for correction of deficiencies as part of this task
item of work.
Task 3.7 Bridge Advanced Planning Studies (APS)/Type Selection. An APS shall be prepared for each
alternative according to Caltrans DOS guidelines, developing the optimal structural configuration and estimated
construction costs. The "Structure Type Selection" process shall consist of the preparation of preliminary design
work for submittal and presentation for review and approval of the General Plan for the structure. A Type
Selection Review Meeting will be held with the City and Caltrans DOS (if necessary). At this meeting, Contractor
shall discuss and provide information on foundation requirements, hydrological requirements, falsework
requirements, seismic and aesthetic considerations, traffic handling, construction cost and other pertinent
information needed to determine the proper structure type. The meeting proceedings shall be summarized in
writing to the City within two weeks after the meeting. Two weeks prior to the Type Selection Meeting, Contractor
shall submit to the City our proposed General Plan, General Plan Estimate, Type Selection Memo and Vicinity
Map. Two weeks after receiving written approval of the proposed General Plan and structure type, the Contractor
shall furnish the City and Caltrans DOS (if necessary) with 11"x17" copies of the approved General Plan.
Task 3.8 Geometric Approval Drawings (GADS). Upon determination of the preferred alternative, geometric
drawings shall be prepared for approval. These drawings will cover the roadway and bridge improvements, and the
area affected by them. The geometry of the project will be defined and impacts to right-of-way and utilities will be
identified.
Task 4.0 Environmental Approval
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. Contractor shall be responsible for the preparation of technical studies and
a legally adequate CEQA/NEPA documentation in the form of an Initial Study/Environmental Assessment(IS/EA).
All documentation shall be prepared pursuant to the Caltrans Project Development Procedures and Workflow Tasks
Manuals (including the PR Guidelines), the Caltrans Environmental Handbook, and the City of Palm Springs'
guidelines for implementing CEQA.
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Task 4.1 Technical Studies.
Preliminary Environmental Study (PES) Form. Contractor shall prepare the PES and attend a Field Review
Meeting with representatives of the City, Caltrans and the Federal Highway Administration(FHWA) to determine
the appropriate technical studies and type of environmental document that is appropriate for the project. The
following technical studies shall be prepared to support the environmental documents:
Air Quality. An air quality assessment for the project shall be prepared in accordance with Caltrans Transportation
Project Level Carbon Monoxide (CO)Protocol, Caltrans Project-Level PM10 Hot Spot Analysis Interim Guidance,
and the South Coast Air Quality Management District's air quality guidelines. Contractor shall conduct the
screening analyses specified in the protocol and conduct CALINE4 modeling for CO hot spots for up to ten (10)
receptor locations. Construction related emissions will be quantified and discussed in a general format unless project
specific information is available.
Noise Study. Contractor shall prepare a noise study to address the project's impact on sensitive noise receptors.
Field noise monitoring will be conducted at up to five (5) receptor locations to provide existing noise levels and
calibration of modeled results. Traffic noise will be evaluated with Caltrans SOUND32 noise model.
Recommendations will be made for any required noise attenuation measures.
Natural Environment Study Report(NESR). 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 of the
site. Federal and State lists of sensitive species and current database records, including the California Natural
Diversity Data Base (California Department of Fish and Game, 1999) and the California Native Plant Society's
Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 1994), will be
examined. The results of the records search will be summarized in a table and included in the NESR.
The fieldwork for this task will be conducted by qualified biologists in 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, will be mapped.
Contractor shall conduct focused surveys for the Coachella Valley round-tailed ground squirrel, Coachella Valley
fringe-toed lizard, and Desert tortoise in accordance with U.S. Fish and Wildlife Service survey protocol. No
trapping of the ground squirrel is proposed. Findings of the surveys will be incorporated into the NESR and
appropriate mitigation discussed with the City and Caltrans, if mitigation is required.
Contractor shall prepare an NESR that will include a description of the field methods used and the results of the
biological assessment of the property. The report will include a list of plant and animal species present within the
project area and a general description of the plant connnunities occurring. If there are any sensitive resources found
on the site, Contractor will prepare and include in the NESR a graphic displaying the location of the sensitive plant
commturities on site and any sensitive biological resources observed. A table describing sensitive species that are
present or potentially present will also be provided in the report. The NESR will identify and assess project impacts
on the existing biological resources, including any sensitive species. The NESR will recommend appropriate
mitigation measures if any significant adverse impacts are identified.
F52/296/099999-300012160684.2 6/14/96
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TO CONTRACT SERVICES AGREEMENT
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Cultural Resources Study. Contractor shall complete an archaeological and historical records search through the
Information Center of the California Historical Resources Information System located at the University of
California, Riverside. The records search will determine whether the project area has been surveyed and, if so,
what site types are within a one-mile radius of the project area. Based on the results of the records search,
Contractor will conduct a systematic on-site pedestrian survey of previously unsurveyed property within the right-
of-way to determine the presence of cultural resources. If previously recorded sites exist within the area that will be
directly impacted by the project, these will be located and existing site records will be updated, consistent with the
guidelines established by the California Office of Historic Preservation. At a minimum, a Negative Historic
Property Survey Report (HPSR) and Negative Archaeological Survey Report(ASR) will be prepared as part of the
final environmental document for the project. An Area of Potential Effects (APE) map will be established in
consultation with the Caltrans District 8 Cultural Resource Coordinator for approval by the Federal Highway
Administration. The entire APE will need to be surveyed for historic and prehistoric resources. The APE for the
widening of the roadway and bridge is assumed to be within existing right-of-way. Depending on the survey
findings, additional Caltrans reports may be necessary. They may include one or more of the following: a Positive
HPSR, a Positive ASR, an Historic Architectural Survey Report(HASR), an HASR-MOU Short Form, and/or an
Historic Resources Evaluation Report. These reports will be submitted for review and comment to Caltrans and
FHWA.
Hazardous Waste Assessment (ISA). Concurrent with preparation of the preliminary environmental assessment,
Contractor shall prepare an ISA in accordance with Caltrans' procedures. The tasks described below will 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. The records search will also identify business
types located within the project study area that would be likely to store, transfer, or utilize large quantities of
hazardous materials. This information will be obtained from records maintained by the State of California
Department of Health and Regional Water Quality Control Board, and other appropriate agencies.
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.
Potential hazardous waste sites located within the project area will be investigated per information available from
local and/or State agencies. Historic land use information for the project study area will be requested from the City
of Palm Springs and the County of Riverside to determine whether previous uses may have resulted in hazardous
waste contamination.
A draft ISA will be submitted to the City and Caltrans for review. Contractor shall revise the ISA as necessary, and
submit a final ISA for Caltrans' approval. The ISA will include the results of lead testing of soil samples within the
project area.
Task 4.2 Initial Study(IS)/EnvironmentalA.ssessment(EA). The Initial Study(IS)/Environmental Assessment(EA)
will be based on the preparation of an Environmental Document to support a Negative Declaration(ND)/Finding of
No Significant Impact(FONSI) that will include the following contents: Purpose and Need for the Project,
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Description of the Proposed Project, Effected Environment, Environmental Evaluation (checklist), Discussion of
Environmental Evaluation, Consultation and Coordination, Determination and Appendices. The IS/EA will be
revised in accordance with comments from the City and Caltrans and submitted to FHWA for its review. The
Contractor shall coordinate release of the IS/EA for public distribution and review, and address/respond to public
comments/revise the IS/EA as necessary to facilitate final approvals and Public Hearings. The Contractor shall
prepare a mitigation monitoring program for implementation of any necessary mitigation measures determined by
the IS/EA. The following process will be used in the preparation of the EA/IS:
Prepare Administrative Draft IS/EA. The results of the technical studies will be presented in a Draft IS/EA.
Contractor shall prepare an administrative Draft IS/EA incorporating the findings of the technical studies for
submittal to the City and Caltrans for review.
Prepare Second Administrative Draft. Contractor shall revise the Draft IS/EA based on comments received from
the City and Caltrans and will submit the revised Draft IS/EA to the City, Caltrans, and FHWA (via Caltrans) for
review.
Prepare IS/EA for Approval to Circulate. Contractor shall revise the Draft IS/EA per comments received from
FHWA and will prepare one copy of the IS/EA for Caltrans and FHWA signature for approval to circulate the
document for public review.
Public Review. Contractor shall prepare a draft public distribution list per input from the City, Caltrans, and
FHWA. The IS/EA will be circulated for public review per the distribution list, once the list has been approved by
the City, Caltrans, and FHWA. Contractor shall prepare a Notice of Availability and Opportunity for public
hearing.
Prepare Draft Response to Comments. Contractor shall prepare a draft Response to Comments for submittal to the
City, Caltrans, and FHWA (via Caltrans). Contractor shall prepare responses for its areas of responsibility, and
will coordinate with the City and Caltrans to prepare responses for their respective areas of responsibility.
Prepare Draft ND/FONSI. Contractor shall prepare a Draft ND/FONSI, including revisions based on responses to
comments received during the public review period, for submittal to the City, Caltrans, and FHWA (via Caltrans)
for review.
Prepare Final ND/FONSL Contractor shall prepare a Final ND/FONSI for submittal to FHWA(via Caltrans) for
review and approval. Contractor shall prepare response letters to agencies that submitted comments on the Draft
IS/EA, prepare and file a Notice of Determination(NOD), and prepare a Notice of Availability(NOA)of the Final
ND/FONSI.
Note: With respect to all of the foregoing tasks related to environmental approval, Contractor shall prepare studies,
assessments, documents and reports in compliance with applicable law. Contractor shall respond to comments in a
legally sufficient manner. To the extent City staff or legal counsel recommend changes necessary to meet legal
requirements for environmental review, Contractor shall make such changes within the approved budget.
Task 5.0 Final Design Reports and Studies
Contractor shall prepare the following final design reports and studies:
FS2276/099999-300012160684 2 6/14/96
Revised:09/01/98
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
17
Task 5.I Geotechnical Design Report. Contractor shall conduct field exploration and laboratory testing to serve as
background for the preparation of a written geotechnical report that shall present the findings and design level
recommendations related to the following: soluble sulfate, chlorides, pH, and resistively of the soil. In addition, the
following shall be incorporated into the Geotechnical Design Report:
General design criteria for foundations of the proposed bridge footings at the abutments and bents, including
foundation type, bearing capacity, anticipated settlement, and lateral resistance.
Slope Stability Analysis Report on existing and proposed embankments for bridge approaches and cut and fill
slopes. The magnitude and time rate of settlement of underlying soils due to the weight of the proposed
embankments shall be determined.
Pavement Structure Section Recommendations based on natural soil conditions at the site.
Drilling/Boring Log and report for determination of subsurface soils, provide laboratory testing, including
recommendations for design.
Task 5.2 Right-of-Way Engineering. Based on survey data, Contractor shall prepare right-of-way maps depicting
right-of-way limits and requirements. The Contractor shall follow the procedures set forth by the Caltrans District 8
Right-of-Way Department. Two sets of each preliminary right-of-way maps shall be submitted to the City and
Caltrans for review and comment. Contractor team shall use the approved right-of-way requirement maps to
prepare legal descriptions, plats, and right of way maps to acquire the necessary right of way. Contractor shall
coordinate with effected utility companies and shall provide relocation plans and permits.
Task 5.3 Right-of-Way Acquisition. Contractor shall perform block surveys to tie cadastral centerline and
property line control. A boundary analysis and calculations of the limits of "take" shall be performed, legal
descriptions and plats shall be prepared to be used for acquisition and preparation of fee transfer deeds, easements,
and/or vacations. Contractor shall prepare appraisal reports for the affected parcels.
Task 5.4 Utility Coordination. Contractor shall compile contact lists of utility purveyors with existing and planned
utilities in the project area. Meetings shall be held with utility companies and the City as required to ensure project
coordination. Schedules and progress reports for the utility effort shall be prepared. Plans and cost estimates
provided by the utility companies shall be reviewed and recommendations made.
Task 6.0 Plans, Specifications and Estimates (PS&E).
Contractor shall prepare PS&E for review and approval by the City, and shall submit at 35%, 65%, 95% and Final
levels of completion for review. Contractor shall prepare specifications and special provisions using Microsoft
Word conforming to Caltrans format. Contractor shall prepare construction estimates using the latest available City
and Caltrans cost data and actual recent construction costs in the project area. For specialty items, vendors and
manufacturers shall be consulted for appropriate unit costs.
The final PS&E shall be provided in a "bid-ready" form. Contractor shall submit project files and the Resident's
Engineer's file along with the final PS&E. Upon completion, the entire Project prepared in Intergraph/Micro
Station format shall be submitted. The final PS&E submittal shall be one-vellum set.
M/176/099999-3000/3160684 2 6/14/96
Rcnscd 09/01/98
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
18
Task 6.1 Structural Design and Calculations. Structural design calculations shall be prepared using standard
Caltrans' software procedures. The structural analyses and design shall be performed using the STAADIII,
GTRSTRUDL, SEISAB, PCBRIDGE, PCYIELD, PCFOOT, PCBENT and PCABUT programs as applicable.
Plans and calculations shall conform to Caltrans' requirements and be made available for review upon request.
Upon request the calculations shall be submitted on diskette along with a hard copy. The design shall be based upon
the Bridge Design Specifications, California Department of Transportation, Division of Structures current edition.
Bridge plans shall be prepared in accordance with the Bridge Design Details Manual, Bridge Design Aids Manual
and Bridge Memos to Designers, California Department of Transportation, Division of Structures current edition.
Task 6.2 Draft PS&E (Structure). Contractor shall prepare structural plans addressing all the findings from the
geotechnical report as well as complying with Caltrans and UPRR design criteria and requirements. Requirements
for retaining walls and structural removals shall be addressed in the plans. Checked Structure Plans shall be
submitted to the City and Caltrans DOS (if necessary) for review and comment.
Contractor shall prepare Special Provisions for items not covered by the Caltrans Standard Specifications or
Standard Special Provisions (SSP's). The SSP's shall be edited and Structure Special Provisions specific to this
project produced and incorporated into the Final PS&E. The Structure Special Provisions shall be prepared, signed
and stamped by a California registered Professional Engineer. Contractor shall prepare Bridge Design
Specifications conforming to the Bridge Design Specifications, Caltrans Division of Structures current edition.
Contractor shall prepare quantity calculations for items applicable to this project, and prepare the corresponding
bridge cost estimate. Contract items shall be supported by quantity calculations prepared in a neat and orderly
fashion and show all sketches, diagrams and dimensions necessary to allow them to be independently used by field
inspectors. All quantity calculations shall be independently checked. Contractor shall prepare a Construction Cost
Estimate using the latest available Caltrans cost data, City's cost data and actual recent construction costs in the
Project area.
Task 6.3 Independent Check Review and Quality Control. Contractor shall conduct an Independent Check review
upon the completion of the initial bridge design. The Independent Check Review shall consist of preparation of an
independent set of structural design check calculations and review of the PS&E, which shall be performed by senior
Structural Engineers who are not part of the design team.
Task 6.4 Einal PS&E (Structure). Contractor shall prepare a final "bid-ready" PS&E incorporating the review
comments from the City, Caltrans DOS, and other effected agencies.
Task 6.5 Draft PS&E (Roadway). Contractor shall prepare roadway plans addressing all the findings from the
geotechnical report as well as complying with City and Caltrans(as required)design criteria and requirements. The
street plans shall depict vertical and horizontal alignments with cuts and fills and proposed grading clearly indicated.
The structural pavement sections shall reflect the finding from the Geotechnical Report. Prior to the preparation of
the drainage plans, Contractor shall prepare hydrology and hydraulic studies to obtain and provide design solutions.
Stage Construction and Detour plans shall be compatible with the approved TMP. Contractor shall ensure
coordination of impacted utilities with the utility owners as necessary.
Contractor shall prepare Special Provisions for items not covered by the Caltrans Standard Specifications or
Standard Special Provisions (SSP's). The SSP's shall be edited and Roadway Special Provisions specific to this
project produced and incorporated into the Final PS&E. The Roadway Special Provisions shall be prepared, signed
and stamped by a California registered Professional Engineer. Contractor shall prepare Roadway Design
F82/276/099999-300012160684.2 6/14196
Revised:09/01/98
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
19
Specifications conforming to the Caltrans Standard Specifications, current edition, or other standard specifications
as appropriate. Contractor shall prepare quantity calculations for items applicable to this project, and prepare the
corresponding roadway cost estimate. Contract items shall be supported by quantity calculations prepared in a neat
and orderly fashion and show all sketches, diagrams and dimensions necessary to allow them to be independently
used by field inspectors. All quantity calculations shall be independently checked. Contractor shall prepare a
Construction Cost Estimate using the latest available Caltrans cost data; City's cost data and actual recent
construction costs in the project area.
Task 6.6 Final PS&E (Roadway). Contractor shall prepare a final "bid-ready" PS&E incorporating the review
comments from the City, Caltrans (as required), and other effected agencies.
Task 6.7 Final Traffic Control Plans. Contractor shall prepare traffic control plans showing stage construction,
traffic handling, detours, construction area signs and temporary pavement delineation. The City will provide traffic
volume information to facilitate preparation of the traffic control plans. Traffic control plans may be combined into
one comprehensive plan for use with both City Project 01-04 and City Project 02-03.
Task 6.8 Final Miscellaneous Plans. Contractor shall prepare plans to account for utility relocations and NPDES
Erosion Control and Dust Control.
Task 7.0 Construction Bidding Phase
Contractor shall attend a pre-bid meeting (if scheduled), and provide bid interpretations, bid review and analysis.
Contractor shall be available in the event that items requiring interpretation in the drawings or specifications are
discovered during the bidding period, and shall prepare necessary addendum issued by the City(during bidding) or
by change order after award of the construction contract.
END OF SCOPE OF SERVICES
END OF EXHIBIT "A"
F=76/0999993000/2160684 2 6/14/96
Revised.09/01/98
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
20
EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0, Compensation:
Section 2.3 Cost Principles. The Federal Acquisition Regulations in Title 48, CFR 31 are the
governing factors regarding allowable elements of cost.
Section 5.1, Insurance, First paragraph after 5.1(d):
Replace "...Professional Liability Insurance." with "Professional Errors and Omissions
Insurance" at the end of the first sentence.
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 waived.
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.
Add the following to Section 7.0, Enforcement of Agreement:
Section 7.11 Subcontracts. Any subcontracts or contractual arrangements ("subcontracts")
between the Contractor and other parties ("subcontractors") entered into in the performance of
this Agreement to which the City is not named shall include all applicable provisions of this
Agreement and the Contractor shall require that its subcontractors thereby comply with all such
applicable provisions.
Add the following to Section 9.0, Miscellaneous Provisions:
Section 9.6 Administrative Requirements. This Agreement shall comply with all applicable
provisions of the Uniform Administrative Requirements in Title 49, CFR 18.
Add the following to Section 9.0, Miscellaneous Provisions:
Section 9.7 Covenant Against Contingent Fees. The Contractor warrants that it has not
employed or retained any company or person, other than a bona fide employee working for the
consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee commission, percentage,brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or formation of
this agreement. For breach or violation of this warranty, the City shall have the right to annul
this agreement without liability, or at its discretion to deduct from the agreement price or
EXHIBIT "B"
Fs2n96/099999-3M/2160684.E 6/14/96 TO CONTRACT SERVICES AGREEMENT
Revised.09/01/98
21
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
Add the Following to Section 9.0, Miscellaneous Provisions:
Section 9.8, Disadvantaged Business Enterprise (DBE) Requirements
A. DBE Participation Requirements and Regulations General
The DBE participation for this contract is 6 percent.
The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of
Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs," in the award and administration of DOT-
assisted contracts. The regulations in their entirety are incorporated herein by reference. The
Contractor shall not discriminate on the basis of race color, national origin or sex in the
performance of this contract.
Noncompliance by the Contractor with the requirements of the regulations is a material breach of
this contract and may result in termination of the contract or other such appropriate remedy as the
City of Palm Springs deems appropriate.
The Contractor shall include the following in each subcontract the Contractor signs with a
subcontractor:
1. A subcontractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract.
2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of this contract.
3. Contractors shall include in their subcontracts, language providing the use of appropriate
alternative dispute resolution mechanisms to resolve payment disputes.
B. Performance of DBE Contractors, Subcontractors and Suppliers
DBE subcontractors shall perform the work and supply the materials for which they have been
listed in the Contractor's response to the contract award requirements in Exhibit 15-G, "Local
Agency - Bidder DBE - Information" of the Local Assistance Procedures Manual (LAPM),
attached (as modified herein), unless the Contractor has received prior written authorization to
perform the work with other forces or to obtain the materials from other sources as set forth in
Paragraph G, `DBE Substitution and Additions", of this Article.
C. Prompt Payment to DBE and Non-DBE Contractors
The Contractor shall not be entitled to any payment for the work or material, unless it is
performed or supplied by the listed subcontractors (DBE or non-DBE), or by the Contractor's
own forces, pursuant to prior written authorization of the Contract Manager. This is the case
EXHIBIT "B"
rs21276/099999-3000/2IW684.36/14/96 TO CONTRACT SERVICES AGREEMENT
Revised:09/01/98
22
even if other contract work is not completed and has not been accepted in conformance with the
terms of the contract by the State.
The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory
performance of their contracts within ten(10)days from receipt of each payment from the City of
Palm Springs made to the Contractor.
D. Prompt Payment Progress Pay Retention to DBE and Non-DBE Subcontractors
The Contractor shall return all moneys withheld in retention from the subcontractor within 30
days after receiving payment for work satisfactorily completed, even if other contract work is not
completed and has not been accepted in conformance with the terms of the contract. This
requirement shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving
late payment or nonpayment to the Contractor or deficient subcontract performance or
noncompliance by a subcontractor.
E. DBE and Non-DBE Subcontractor Payment Records
The Contractor in addition to maintaining records showing the name and business address of each
first tier subcontractor, shall also show the name and business address of every DBE
subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of
tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms.
DBE prime contractors shall also show the date of work performed by their own forces along with
the corresponding dollar value of work.
Upon completion of the contract, a summary of these records shall be prepared on Exhibit 17-F,
"Final Report Utilization of Disadvantaged Businesses" of the Local Assistance Procedures
Manual (LAPM), (to be provided to the Contractor upon request), and certified correct by the
Contractor or the Contractor's authorized representative, and shall be furnished to the Contract
Manager. The Exhibit 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 the invoice being in
dispute until the report is received.
F. Penalty Assessed for Failure to Provide Subcontractor Payment Records
Ten Thousand Dollars ($10,000) will be withheld from payment if Exhibit 17-F, "Final Report
Utilization of Disadvantaged Businesses" of the LAPM is not submitted. The amount will be paid
to the Contractor when the form is submitted.
G. DBE Substitutions or Additions
The Contractor may not substitute, or terminate for convenience a subcontractor, a supplier or -
if applicable a trucking company, listed in the original bid/proposal without the prior written
approval of the Contract Manager. However, the Contractor may add a firm to perform work
originally planned to be done by the Contractor's own forces.
The Contractor must make an adequate good faith effort to find another certified DBE
subcontractor to substitute for the original DBE. The Contractor will be required to make good
EXHIBIT "B"
rsxmeia9/01/98 oiueassa.x enai9e TO CONTRACT SERVICES AGREEMENT
H2/2 d:09/01198
23
faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the
extent needed to meet the contract goal.
The requirement that DBEs must be certified by the bid opening date does not apply to DBE
substitutions or additions after award of the contract. DBEs must be certified at the time of the
substitution or addition.
Contractors shall submit requests for substitution in writing to the Contract Manager.
Authorization to use other subcontractors or suppliers may be requested for the following reasons:
1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to
execute a written contract, when such written contract, based upon the general terms,
conditions for this contract or on the terms of such subcontractor's or supplier's written
bid, is presented by the Contractor.
2. The listed DBE becomes bankrupt or insolvent.
3. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials.
4. The Contractor stipulated that a bond was a condition of executing a subcontract and the
listed DBE subcontractor failed or refuses to meet the bond requirements of the contract.
5. The listed DBE was the result of an inadvertent clerical error. The Contractor must have
asserted a claim of inadvertent clerical error in listing the subcontractor within two
working days after the bid opening and copies of that notice to both the subcontractor he
or she claims to have listed in error and intended subcontractor who had bid to the
Contractor prior to bid/proposal opening.
6. The listed DBE was not licensed as required by the State of California Contractor's
Licensing Board or failed to have the required permits or licenses as required by Federal,
State or Local governmental jurisdictions.
7. The work performed by the listed subcontractor is substantially unsatisfactory and is not
in substantial conformance with the scope of work to be performed, or the subcontractor
is substantially delaying or disrupting the progress of the work.
S. When the listed DBE is ineligible to work on a public works project pursuant to Section
1777.1 or 17777.7 of the Labor Code.
9. When it is in the best interest of the City of Palm Springs.
Prior to approval of the Contractor's request for substitution to the Contract Manager, the
Contractor shall give notice in writing to the listed DBE subcontractor of the Contractor's request
to substitute and the reasons for the request. The notice shall be served by certified or registered
mail to the last known address of the subcontractor. The listed subcontractor who has been so
notified, shall have five working days within which to submit written objections to the substitution
to the Contract Manager. Failure to respond to a written objection shall constitute the listed
subcontractor's consent to the substitution.
EXHIBIT "B"
Fs2rz16/099999-3M121W6842ei14i96 TO CONTRACT SERVICES AGREEMENT
Rcroscd 09101/90
24
H. Termination of a DBE
In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49
CFR, the Contractor shall not:
1. Terminate for convenience a listed DBE subcontractor and then perform that work with
its own forces (personnel), or those of an affiliate, unless the Contractor has received
prior written authorization from the Contract Manager to perform the work with other
forces or to obtain materials from other sources
2. If a DBE subcontractor is terminated or fails to complete its work for any reason, the
Contractor will be required to make good faith efforts to replace the original DBE
subcontractor with another DBE subcontractor to the extent needed to meet the contract
goal.
L DBE Certification Status
If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor
shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes
a certified DBE during the life of the contract, the subcontractor shall notify the Contractor in
writing with the date of certification.
Upon completion of the contract, the Contractor shall complete Exhibit 17-F, "Final Report
Utilization of Disadvantaged Businesses" of the LAPM, indicating the DBEs certification status
and shall be signed and certified correct by the Contractor. The certified form shall be furnished
to the Contract Manager within 30 days from the date of completion of the contract.
J. DBE Eligibility Toward Goal
The dollar value of work performed by a DBE is credited/counted toward the goal only after
the DBE has been paid.
Credit for Material or Supplies
Credit for materials or supplies purchased from DBEs will be as follows:
If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the
materials or supplies will count toward the DBE goal.
If the materials or supplies purchased from a DBE regular dealer, 60 percent of the cost of the
materials or supplies will count toward the DBE goal.
Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this paragraph.
Credit for 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, provided the fees are reasonable and not excessive as compared with fees
charged for similar services.
EXHIBIT "B"
Fs2R96/099999-50001216068426/14196 TO CONTRACT SERVICES AGREEMENT
Revised 09/01/98
25
LOCAL AGENCY BIDDER -DBE INFORMATION
(Exhibit 15-G, modified)
CO. -RTE. - K.P.: 08 - RIV -0 - Psi)
CONTRACT NO.: RPSTPL 5282 (0181
CONTRACT AMOUNT: $481,000.00
CONTRACTOR'S NAME: HDR ENGINEERING, INC.
DBE GOAL FROM CONTRACT: 6%
DBE PRIME CONTRACTOR CERTIFICATION: NOT APPLICABLE
Contract Item DBE Cert. Name of DBE's Dollar
No. Amount
DBE
Surveying, Right-of-Way CT-004350 Hernandez, Kroone& $26,087.00
Engineering&Acquisition Associates
Drilling CT-030830 RBKA $11,000.00
$37,087.00
Total Claimed Participation
7.7%
END OF EXHIBIT "B"
EXHIBIT "B"
rs2m6/099999-3000/21606942 6/14/96 TO CONTRACT SERVICES AGREEMENT
Rev"d:09/01/99
26
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be
made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein. Lump
sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted
below, to a maximum of 75% of the lump sum task item fee until completion of such task item. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting
documentation. The determination of payment due shall be made based upon the reasonable judgement of the
Contract Officer.
Sub-Task Total Task Total
Lump Sum Lump Sum
Task 1.0, Proiect Management $23 760 00
Task 2.0, Planning and Project Development --- $44,565.00
Task 2.1, Research and Data Gathering $5,172.00 ---
Task 2.2, Surveys $21,845.00 ---
Task 2.3, Permitting $17,548.00
Task 3.0, Preliminary and Concept Plans (Project Report) --- $106,783.00
Task 3.1, Hydrology Report $10,530.00 ---
Task 3.2, Preliminary Geotechnical Report $25,973.00 ---
Task 3.3, Utility Coordination $7,540.00 ---
Task 3.4, Traffic Management Plan(TMP) $8,100.00 ---
Task 3.5, Fact Sheets $7 900.00 ---
Task 3.6, Structural Section Review/Seismic Retrofit $4,540.00 ---
Task 3.7, Bridge Advanced Planning Studies (APS)/Type Selection $22,880.00 ---
Task 3.8, Geometric Approval Drawings (GADS) $19,320.00
Task 4.0, Environmental Approval --- $92,766.00
Task 4.1, Technical Studies $80,953.00 ---
Task 4.2, hutial Study (IS)/Environmental Assessment (EA) $11,813.00
Task 5.0, Final Design Reports and Studies --- $23,634.00
Task 5.1, Geotechnical Design Report $1,400.00 ---
Task 5.2, Right-of-Way Engineering $9,010.00 ---
Task 5.3, Right-of-Way Acquisition $3,844.00 ---
Task 5.4, Utility Coordination $9 380 00
Task 6.0, Plans, Specifications and Estimates (PS&E) --- $183,732.00
Task 6.1, Structural Design and Calculations $12,728.00 ---
Task 6.2, Draft PS&E (Structure) $36,320.00 ---
Task 6.3, Independent Check Review and Quality Control $26,640.00 ---
Task 6.4, Final PS&E (Structure) $30,960.00 ---
Task 6.5, Draft PS&E(Roadway) $38,802.00 ---
Task 6.6, Final PS&E (Roadway) $16,550.00 ---
Task 6.6, Final Traffic Control Plans $6,902.00 ---
Task 6.7, Final Miscellaneous Plans $14,830.00
Task 7.0, Construction Bidding Phase $5 760 00
Total of all Tasks of this Contract --- $481,000.00
END OF EXHIBIT "C"
EXHIBIT "C"
R82Nd :09/01/98 OO2160fie426/14/96 TO CONTRACT SERVICES AGREEMENT
RcM76 09/OU98
27
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Task 1 shall be completed within 16 months of receipt of a Notice to Proceed from City.
Task 2 shall be completed within 4 months of receipt of a Notice to Proceed from City.
Task 3 shall be completed within 6 months of receipt of a Notice to Proceed from City.
Task 4 shall be completed within 8 months of receipt of a Notice to Proceed from City.
Task 5 shall be completed within 13 months of receipt of a Notice to Proceed from City.
Task 6 shall be completed within 16 months of receipt of a Notice to Proceed from City.
Task 7 shall be completed as necessary during the Construction Bidding Phase.
END OF EXHIBIT "D"
EXHIBIT "D"
FS212761099999-3000n 16069426/14/96 TO CONTRACT SERVICES AGREEMENT
Revind 09/01/98
28
CERTIFICATE
The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering,
Inc., a Nebraska corporation, and that, as such, has custody of the minute books of the
Corporation, and that, by Consent and Agreement of the Board of Directors dated May 15, 2002,
the following resolution was unanimously adopted:
"RESOLVED, that effective immediately and until June 20, 2003, or until
termination of said individual from the Corporation, or until recision by the Corporation's
Board of Directors, whichever occurs first, the following individuals are hereby granted the
nondelegable authority to execute or approve on behalf of the Corporation, contracts for
engineering services and architectural services incidental to engineering services to be
rendered by the Corporation, . . . , or releases of claim or lien in connection with such
services, such contracts or releases so executed or approved shall be binding upon the
Corporation:
". . . James E. Owens -Vice President . . ."
The undersigned further certifies that the foregoing resolution has been spread in Full upon
the minute books of the Corporation and is in full force and effect.
DATED July 19, 2002.
(CORPORATE SEAL)
Bonnie J. Kudron,�-Asst. Secretary
MHK.14.2003 2:47PN LOCKTON COMPANIES NO.185 P.2/3
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X HIRED AU OS ROOILYIWURV
$ XXXXXXX
X NON•OWNEDAUTOS (Pe,Aa1dMU
mPERNMICAMAGE ; XXXXXXX
ELUISILDY A OAeeOdNLY.EAACCIOlN7
ANYAUYO NOT APPLICABLE oT♦riERTHAN ACC
Au O GNLO AG
CSSSUABILTIY !, EACN OCCURRENCE 4000000
$ X 000UR CMIMeMADE SXOS2852174 06/01/2002 06/01/2003 S 4000000
uORM
(EXCLUDH,S PROF.LIAB) XXXXXXX
OLOUCTIaLE FORM XXXXXXX
RETENTION S I XXXXXXX
C WORKERSCOMMUTIONAND 90.14910,01 06/01/2002 06/01/2005 X lffi&261OTH
EMPLOYERS'UAWLITY EACH ACCIDENT 000000
ELDIS LO 4 1,000,000
E.L.DISEASE-POLICY LIMIT t 1.000.000
D OTHER PLN113979405 U01/2002 06/01/2003 PBRCL4ZCSI,000,000, AGGILI,000,0M,
ARCHS C ENOS PROFESSIONAL
LTABn=
DLUfCRIFTION OF O►ERATIDNWLOCAYMKW EMCLESIEYCLUSIONS ADDED cY(:NPORSEMENVSFECwL PROV13IONS
THE CTfY OF PALM SPRINGS,ITS OFPICERS,EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL
LL43M Y COVERAGE. WAIVER OF SUBROGA11ON APPLIES,RBI PROJECT 12142-001.00,GENE AUTRY TRAIL RAR.ROAD BRIDGE WIDENING,
CIfYPROJECTNO.01-04. I
HOLDER
1727430 A tHOULD ANY OFTHE AEOVE PESCMDED POLICIES PE CANCELLED UFM THE E%PIFATIDN
CITY OF PALM SPRINGS,CALIFORNIA DATE TKEREOF,THE 49SIANG INSURSRWE.L ENDGAVOR TO MAIL 3O__ DAYS WRRTEN
yvN: TMENTMARCU OF PUDLIFULLER,
WORKS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF'T,WY-FNLDR4F0-0O-iO�ILuA:
320 N:M AHQUI FULLER, N wnw 1 O-oEuaAswNaR-41NR7 OPP.AIA4N R i
3200 E,TAHQuITZ CANYON WAY
PALM SPRINGS CA 92262 �Das
AUTHORI$P REPR66EfNTATNE
ACORD 2"(7/97) o ACORD CZWORAXION 1968
NHH.14.Z00a 2:4BPM LOCKTON COMPANIES NO.185 P.3/3
}
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement
i
on this certificate does not confer rights to the certificate holder in lieu of such endomement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
I