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04318 - DOKKEN ENGINEERING INDIAN I-10 INTERCHANGE CP00-14
Kathie Hart From: Marcus Fuller Sent: Saturday,January 30, 2016 3:08 PM To: Kathie Hart;Savat Khamphou; Gianfranco Laurie; Carrie Rovney Cc: Tabitha Richards Subject: RE:A4318-Dokken Eng(Engineering Design for Indian CP 00-14) Yes. Marcus L. Fuller, MPA, PE, PLS Assistant City Manager/City Engineer / City ofPalm E. I}�""j 3200 E. Tahquitz Canyon Way CALIFORMIA Palm Springs, CA 92262 (760) 322-8380 Like no place else.`" Marcus.Fuller(dioalmspringsca.go From: Kathie Hart Sent: Thursday, January 21, 2016 4:35 PM To: Savat Khamphou; Gianfranco Laurie; Carrie Rovney Cc: Marcus Fuller; Tabitha Richards Subject: A4318 - Dokken Eng (Engineering Design for Indian CP 00-14) OK to close this agreement file? R, Kathie Hart, MMC Chief Deputy City Clerk t �1, � G1 CALIFORNlA t'kc nn place alse City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way r= (760) 322-8332 Palm Springs, CA 92262 E Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. t AMENDMENT NO. 5 TO CONTRACT SERVICES AGREEMENT NO. 4318 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE/1-10 INTERCHANGE, CITY PROJECT 00-14 The following articles of Agreement No. 4318 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Million Eight Hundred Thirty-One Thousand Three Hundred Sixty-Two Dollars($1,831,362.00). SCOPE OF SERVICES (Exhibit"A")— See attached Exhibit"A"for additional services SCHEDULE OF COMPENSATION (Exhibit"C")— See attached Exhibit"C". Purchase Order Number(s): 116346 Agreement Number: 4318 Original City Council Approval: December 6, 2000 Original Minute Order Number: 6761 Original Contract Amount: $ 943,842 Amount of Previous Increase(s) $ 848,640 Amount of This Increase $ 38,88 Amended Total: $1834 3 Account Number(s): 134-4497-50185 SIGNATURES ON LAST PAGE ORIGINAL BID AHD/OR AGREEMENT Except as specifically amended by this Amendment No. 5, all terms and provisions of Agreement No. 4318 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk`011,r�Zotj Cl APPROV o FOR APPROVED BY CITY COUNCIL 10.5•11 xL All?�i8 By: Attorney CONTRAC OR: Check one:_Individual_Partnership corporation Corporations require two notarized signatures: One signature must be from Chairman of Board,President,or any Vice President.The second signature must be from the Secretary,Assistant S to ,Treasurer,Assis t Treasurer,or Chief Financial Officer). By:� /�,, L% GGs/ri47 !�/�' By: Notarized Signature ofChgirman of Board, otarized Sign Secretary,Asst Secretary, �7 President or any Vice Presiiddeent�,�/,/� Treasurer,Asst ea rer or Chief Financial Officer Name:J0l 61— 4&0I'Z Name: Title: >9`'/�r��C.4 1 Title: !('� State of �r'ror r1 f0. ! State of CCLI1'I M,'A, f County of SaGth»t¢tflss County ofss On q ' ll before me, On R Z1 11 before me,12AMMt% �. . C.0.rMf12N Sn :142 personally appeared personally t appeared C0. C. who proved to me 1 t Cl srd T. U�k on the basis of sa sfactory evidence) to be the person(s) who proved to me on the basis of satisfactory evidence)to be whose name(s)is/are subscribed to the within instrument and the person(s)whose name(s) is/are subscnbed to the within acknowledged to me that he/she/they executed the same in instrument and acknowledged to me that he/she/they his/herttheir authorized capacity(ies),and that by his/her/their executed the same in his/her/their authorized capacily(ies), signature(s)on the instrument the person(s),or the entity upon and that by his/her/their signature(s) on the instrument the behalf of which the person(s)acted,executed the instrument. person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is We and I certify under PENALTY OF PERJURY under the laws of the correct. State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: 1 Notary Signature: Notary Seal: - Notary Seal: CANIRAN#7945483 SADECNI CANIIIAN SADE6IN COMM. z COMM. #1945483 Z g Notary Public-California c Notary Public-California om t Swramento Countyme Sacramento ounty Co . 25,2015' Cam . C25,V5' Exhibit"A" Additional Scope of Services Indian Canyon Drive/Interstate 10 Interchange, City Project 00-14 EXHIBIT A is amended to provide the additional required professional services as follows: Task 2.15 Prepare Record of Survey At the request of the County and City, Contractor shall complete field surveys, prepare, and submit a Record of Survey (ROS) meeting Riverside County Surveyor standards and requirements, subject to the Riverside County Surveyor's review and approval. Task 2.16 Approved Record of Survey Contractor shall respond to plan check comments on the draft Record of Survey (ROS), and shall submit a revised ROS for County approval. Task 6.07 Prepare City Signal-Timing Plans Development of Signal-Timing Plans: Contractor shall coordinate with City and Caltrans staff to develop City signal-timing parameters, such as cycle lengths, splits, yellow time, etc., based on traffic volume, capacity, and the speed limits at the two intersections. Contractor shall develop a Synchro model for the study intersections. Contractor shall develop one set of signal-timing plans for each intersection (Indian Canyon Drive/20th Avenue, and Indian Canyon Drive/Garnet Avenue). 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 frequently than monthly. Lump sum payments shall be made to Contractor based upon completion of tasks,or pro-rata portions thereof noted below. Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0. Proiect Administration $ 126,705.00 Task 2.0, Planning and Project Development — $ 661,861.29 Task 2.1, Research and Data Gathering $ 1,083.00 -- Task 2.2, Project Development Team Meetings $ 66,333.00 — Task 2.3, Survey $ 40,297.00 — Task 2.4, Preliminary Hydrology Report $ 26,819.00 -- Task 2.5, Preliminary Geotechnical Report $ 6,066.00 -- Task 2.6,Traffic Operations Analysis $ 41,026.00 -- Task 2.7, Environmental Approval $171,334.00 — Task 2.8, Value Engineering $ 5,633.00 — Task 2.9, Project Report and Project Approval Report $112,185.00 — Task 2.10, Geometric Approval Drawings $ 65,136.00 — Task 2.11, Geotechnical Design Report $ 29,834.00 --- Task 2.12, Right of Way Engineering $ 66,503.29 --- Task 2.13,Agreements $ 2,925.00 — Task 2.14, Utility Coordination/Relocations $ 11,807.00 — Task 2.15, Prepare Record of Survey $ 10,725.00 — Task 2.16,Approved Record of Survey $ 4,155.00 Task 3.0, Structures -- $ 157,520.00 Task 3.1, Preliminary Structure Design $ 5,915.00 -- Task 3.2, Geotechnical Coordination and Foundation Report $ 31,988.00 — Task 3.3, Structural Design and Calculations $ 41,441.00 — Task 3.4, Demolition of Existing Bridge $ 5,000.00 — Task 3.5, Structural Special Provisions $ 18,440.00 — Task 3.6, Estimate $ 9,600.00 — Task 3.7, Independent Check Review and Quality Control $ 19,146.00 — Task 3.8, Draft PS&E $ 22,590.00 — Task 3.9. Final PS&E $ 3,400.00 Task 4.0, Roadway -- $ 602,833.71 Task 4.1, Basic Roadway Plans $191,470.00 — Task 4.2, Drainage Plans $115,570.00 — Task 4.3,Traffic Plans $120,490.00 — Task 4.4, Miscellaneous Plans $ 39,920.00 — Task 4.5, Specifications and Estimate $ 41,230.00 — Task 4.5(a), Design Exception Fact Sheets $ 3,550.00 — Task 4.5(b),Construction CPM Schedule $ 11,590.00 — Task 4.5(c),Utility Potholing $ 34,543.71 — Task 4.6, Roadway Deliverables Task 4.6.1, Submittals $ 2,000.00 — Task 4.6.2, Draft PS&E(95% Complete) $ 5,000.00 — Task 4.6.3, Final PS&E(100%Complete) $ 5,000.00 — Task 4.6.4, Project Files and Resident Engineer's File $ 6,800.00 — Task 4.6.5. Slope Stake Notes $ 25,670.00 Task 5.0. Construction Bidding Plans $ 61,058.00 Task 6.0, Construction Support Phase $ 221,384.00 Task 6.0, General Construction Support $26,874.00 -- Task 6.01, Roadway Design Construction Support $51,350.00 — Task 6.02, Structures Design Construction Support $44,550.00 -- Task 6.03, Shop Drawing Review $16,700.00 — Task 6.04, Geotechnical Design Support $15,550.00 --- Task 6.05, Electrical Design Support $15,350.00 — Task 6.06, Utility Relocation Coordination $11,110.00 — Task 6.07, Prepare City Signal-Timing Plans $ 7,000.00 — Task 6.1. "As-Built'Plans $32,900.00 Total of all Tasks of this Contract -- 1,831,362.00 AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 4318 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE/1-10 INTERCHANGE, CITY PROJECT 00-14 The following articles of Agreement No. 4318 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Million Seven Hundred Ninety- Two Thousand Four Hundred Eight-Two Dollars($1,792,482.00). SCOPE OF SERVICES (Exhibit"A")— See attached Exhibit"A"for additional services SCHEDULE OF COMPENSATION (Exhibit"C)— See attached Exhibit"C. Purchase Order Number(s): 116346 Agreement Number: 4318 Original City Council Approval: December 6, 2000 Original Minute Order Number: 6761 Original Contract Amount: $ 943,842 Amount of Previous Increase(s) $ 776,720 Amount of This Increase $ 72,920 Amended Total: $1,792,482 Account Number(s): 134-4497-50185 SIGNATURES ON LAST PAGE Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 4318 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk t t /Q Q ` f City Manager APPROVED AS TO FORM: vt�P�PROVED BY CITY COUNCIL By: City Attorney 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 Secret asurer,Assistant Treasurer,or Chief Financial Officer). By: �� By: Notarized Signature o hairman of Board, Not ized Signatur S cretary,Asst Secretary, President or any Vice President Treasurer,Asst trea&wer or Chief Financial Officer Name: ��=/7 ' -Z Name: Title:mm Title: State of 1&i18_J State of J County of a'1'j(4MW lss County of MW(ji1)ss On efore me, On `1 IqlIU_ before m k iVTWy ley e, pe son all �l�n' appeared rson�all appeared `Arf �A l#TT fIV who proved to me I on the ba is of satisfactory evidence) to be the persons) who proved to me on the basis of satisfactory evidence)to be whose namets)is/ere subscribed to the within instrument and the persons)whose name*is/are subscribed to the within acknowledged to me that.he/sheANey executed the same in instrument and acknowledged to me that hefahe#hay 4,ds/her/their authorized capacity(iw+, and that by hWher/their executed the same in hisfherftheir authorized capacity(iea, signatureW on the instrument the person*,or the entity upon and that by his/4erM4ek signature(e}-on the instrument the behalf of which the persor�sj acted,executed the instrument. person(K,, or the entity upon behalf of which the person(SIr acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and I certify under PENALTY OF PERJURY under the laws of the correct. State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: mm Notary Signature: Notary Seal: Notary Seal: All p. Coatiglkl�Oq i 1i�"11�i COMMIll l"0 I M74A New Pdit•Ci%oft Notary PW k.C 90"Ills SierfmMltD Cow14y sacrr ff"to Cog* Comm. t !—My Comm,Expires ion 27, 0 Exhibit "A" Additional Scope of Services Indian Canyon Drive/Interstate 10 Interchange, City Project 00-14 EXHIBIT A is amended to provide the additional required professional services as follows: Task 2.12 Right of Way Engineering At the request of the County and City, Contractor shall revise the Plats and Legals for all takes, easements and transfers. The plats are on an 8 %° x 11" sheet size, and modeled, in general terms, after County of Riverside samples. These revisions include, but are not limited to: Changes to temporary construction easements Changes in property ownership Changes to the street name (Indian Avenue to North Indian Canyon Drive) Updates to County requirements Task 2.12 Right of Way Engineering Support Contractor shall be available to clarify right of way engineering information and answer questions. Task 5.0 Construction Bidding Plans Contractor shall provide support to the County to prepare the Request For Authorization package, and modification of bid documents from the Caltrans approved set to a County preferred format for release for bidding. Coordination includes: Attending meetings Reproduction on mylar of full-size roadway and structure plans Modification, reformatting, and quality control review of Special Provisions Task 6.0 Construction Support Phase Contractor shall provide utility relocation coordination with all affected utility companies following approval of design and prior to construction of the project. Contractor coordination amongst City, County, Caltrans, Construction Management, Contractor, Utility Owners, and Utility Contractor staff. Task 6.0 is amended to include: Task 6.06 Utility Relocation Coordination Contractor shall coordinate all utility relocations with utility companies that may have facilities within the Project area. 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 frequently than monthly. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rats portions thereof noted below. Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0 Project Administration --- $126,705.00 Task 2.0, Planning and Project Development --- $646,981.29 Task 2.1, Research and Data Gathering $ 1,083.00 --- Task 2.2, Project Development Team Meetings $ 66,333.00 --- Task 2.3, Survey $ 40,297.00 --- Task 2.4, Preliminary Hydrology Report $ 26,819.00 --- Task 2.5, Preliminary Geotechnical Report $ 6,066,00 --- Task 2.6,Traffic Operations Analysis $ 41,026.00 --- Task 2.7, Environmental Approval $171,334.00 --- Task 2.8, Value Engineering $ 5,633.00 --- Task 2.9, Project Report and Project Approval Report $112,185.00 --- Task 2.10, Geometric Approval Drawings $ 65,136.00 --- Task 2.11, Geotechnical Design Report $ 29,834.00 --- Task 2.12, Right of Way Engineering $ 66,503.29 --- Task 2.13,Agreements $ 2,925.00 --- Task 2.14 Utility Coordination/Relocations 11 807.00 Task 3.0, Structures --- $157,520.00 Task 3.1, Preliminary Structure Design $ 5,915.00 --- Task 3.2, Geotechnical Coordination and Foundation Report $ 31,988.00 --- Task 3.3, Structural Design and Calculations $ 41,441.00 --- Task 3.4, Demolition of Existing Bridge $ 5,000.00 --- Task 3.5, Structural Special Provisions $ 18,440,00 --- Task 3.6, Estimate $ 9,600.00 --- Task 3.7, Independent Check Review and Quality Control $ 19,146.00 --- Task 3.8, Draft PS&E $ 22,590.00 --- Task 3.9 Final PS&E 3 400.00 --- Task 4.0, Roadway --- $602,833.71 Task 4.1, Basic Roadway Plans $191,470.00 --- Task 4.2, Drainage Plans $115,570.00 --- Task 4.3,Traffic Plans $120,490.00 --- Task 4.4, Miscellaneous Plans $ 39,920.00 --- Task 4.5, Specifications and Estimate $ 41,230.00 --- Task 4.5(a), Design Exception Fact Sheets $ 3,550.00 --- Task 4.5(b), Construction CPM Schedule $ 11,590.00 --- Task 4.5(c), Utility Potholing $ 34,543.71 --- Task 4.6, Roadway Deliverables Task 4.6.1, Submittals $ 2,000.00 --- Task 4.6.2, Draft PS&E(95% Complete) $ 5,000.00 --- Task 4.6.3, Final PS&E(100% Complete) $ 5,000.00 --- Task 4.6.4, Project Files and Resident Engineer's File $ 6,800.00 --- Task 4.6.5 Slope Stake Notes $ 25,670.00 Task 5.0 Construction Biddinq Plans 61 058.00 Task 6.0, Construction Support Phase --- $ 197,384.00 Task 6.0, General Construction Support $26,874.00 --- Task 6.01, Roadway Design Construction Support $41,350.00 --- Task 6.02, Structures Design Construction Support $37,550.00 --- Task 6.03, Shop Drawing Review $16,700.00 --- Task 6.04, Geotechnical Design Support $15,550.00 --- Task 6.05, Electrical Design Support $15,350.00 --- Task 6.06, Utility Relocation Coordination $11.110.00 --- Task 6.1 "As-Built"Plans $32,900.00 Total of all Tasks of this Contract ... 1,792,482.00 AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 4318 WITH DOKKEN ENGINEERING INDIAN AVENUE./1-10 INTERCHANGE, CP#00-14 The following articles of Agreement No. 4318 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Million Seven Hundred Nineteen Thousand Five Hundred Sixty-Two Dollars ($1,719,562.00). SCOPE OF SERVICES (Exhibit"A") - Please see attached sheet for additional services. SCHEDULE OF COMPENSATION (Exhibit "Cl- Please see attached sheet. Purchase Order Number(s): 116346 Agreement Number: 4318 Original City Council Approval: December 6, 2000 Original Minute Order Number: 6761 Original Contract Amount: S 943,842 Amount of Previous Increase(s) $ 390,720 Amount of This Increase $ 385,000 Amended Total: $1,719,562 Account Number(s): 1 34-4497-50 1 85 SIGNATURES ON LAST PAGE trc��Lri^„�ie ra.4n,�:�sc.it i.��\'T EXHIBIT A is amended as follows: Add the following services: Task4.5(a),Design Exception Fact Sheets. Contractor shall prepare all documentation required to request deviations from the Caltrans advisory design standard with regard to restricted access on 20th Avenue opposite the westbound freeway ramps, as necessary to avoid potential conflicts with an existing SCE vault and gas station monument sign. Task 4.5(b), Construction GPM Schedule. Contractor shall prepare a construction GPM schedule to determine impacts during construction, and to assist in development of the TMP. Task 4.5(c), Utility Potholing. Contractor shall coordinate and provide required utility potholing as necessary to identify conflicts with existing utilities within the project area. Task 6.01, Roadway Design Construction Support. Contractor shall be available to attend construction meetings and shall be available to visit the jobsite for on-site review of construction, and other visits to the jobsite as requested by the City to resolve interpretation of the contract documents. Contractor shall respond to Requests for Information (RFIs) from the construction general contractor and subcontractor(s) on an as-needed basis. If resolution of the RFI requires re-design work,a memo summarizing the RFI,and the resolution of the work shall be prepared and submitted to the City's Resident Engineer for review and approval. Drawings shall be submitted to the City's Resident Engineer for duplication and distribution. Task 6.OZ Structures Design Construction Support. Contractor shall respond to structures related RFIs from the construction general contractor and subcontractor(s)on an as-needed basis. If resolution of the RFI requires re-design work, a memo summarizing the RFI, and the resolution of the work shall be prepared and submitted to the City's Resident Engineer for review and approval. Drawings shall be submitted to the City's Resident Engineer for duplication and distribution. Task 6.03,Shop Drawing Review. Contractor shall be available to review and approve shop plan drawings submitted by the construction general contractor and subcontractor(s). Contractor shall complete shop plan reviews within 1 week of receipt. Task 6.04, Geotechnical Design Support. Contractor shall be available to clarify geotechnical information and answer questions during the construction of the project. Additional field investigation and analysis is not assumed as part of this task. Task 6.05, Electrical Design Support. Contractor shall be available to clarify electrical design information and answer questions during the construction of the project. Significant re-design of traffic electrical facilities is not assumed as part of this task. 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 frequently than monthly. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rat@ portions thereof noted below- Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0. Project Administration _ $126,705.00 Task 2.0, Planning and Project Development --- $636,22129 Task 2.1, Research and Data Gathering $1,083.00 --- Task 2.2, Protect Development Team Meetings $66,333.00 --- Task 2.3, Survey $40,297.00 --- Task 2.4, Preliminary Hydrology Report $26,819.00 --- Task 2.5, Preliminary Geotechnical Report $6,066.00 --- Task 2.6,Traffic Operations Analysis 541,026.00 --- Task 2.7, Environmental Approval $171,334.00 --- Task 2.8, Value Engineering $5.633.00 --- Task 2.9, Project Report and Project Approval Report 5112,185.00 --- Task 2.10, Geometric Approval Drawings $65,136.00 --- Task 2.11, Geotechnical Design Report $29,834.00 --- Task 2,12, Right of way Engineering $55,743.29 --- Task 2.13, Agreements $2,925.00 --- Task 2.14 Utility CoordinationlRelocatioris $11 807.00 Task 3.0,Structures --- $157.520.00 Task 3.1, Preliminary Structure Design $5,915.00 - -- Task 3.2, Geotechnical Coordination and Foundation Report $31,988.00 --- Task 3.3, Structural Design and Calculations $41,441.00 --- Task 3.4, Demolition of Existing Bridge $5,000.00 --- Task 3.5, Structural Special Provisions $18,440.00 --- Task 3.6, Estimate $9,600.00 --- Task 3.7, Independent Check Review and Quality Control $19,146.00 --- Task 3.8, Draft PS&E 522,590.00 --- Task 3.9 Final PS&E $3 400.00 Task 4.0, Roadway --• $602,833.71 Task 4.1, Basic Roadway Plains $191,470,00 --- Task 4.2, Drainage Plans $115,570.00 --- Task 4.3, Traffic Plans $120,490.00 --- Task 4 4, Miscellaneous Plans 539,920.00 --- Task 4.5, Specifications and Estimate $41,230.00 --- Task 4.5(a), Design Exception Fact Sheets $3,550.00 --- Task 4.5(b), Construction CPM Schedule $11,500.00 --- Task 4.5 (c), Utility Potholing $34,548.71 --- Task 4.6, Roadway Deliverables Task 4.6.1, Submittals $2,000.00 --- Task 4.6.2, Draft PS&E (95% Complete) $5,000.00 --- Task 4.6.3, Final PS&E (100% Complete) $5,000.00 --- Task 4.6.4, Project Files and Resident Engineer's File $6,800.00 --- Task 4.6.5, Slope Stake Notes $25 670.00 Task 5.0, Construction Bidding Plans $10,003.00 Task 6.0, Construction Support Phase --- $186,274.00 Task 6.0, General Construction Support $26,874.00 --- Task 6.01, Roadway Design Construction Support $41,350.00 .-- Task 6.02, Structures Design Construction Support $37,550.00 --- Task 6.03, Shop Drawing Review $16,700.00 --- Task 6 04, Geotechnical Design Support $15,550.00 --- Task 6.05, Electrical Design Support $15,350.00 --- Task 6.1, "As-Built' Plans $32,900.00 Total of all Tasks of this Contract --- $1,719,562.00 Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 4318 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, ' a California charter city ByV By- - City Clerk / �8 City Manager APPRov TO FORM: APPROVED BY CITY COUNCIL Y� aity`Aftorney CONTRACTOR: Check one:_Individual„Partnership �/Corporati n /i Corporations require two notarized signatures- one signature must ha from the hairman of Board,Preside ¢/crony Vice President The second signature mg_Y$be from the Secretary, Assistant Secretary Tre r u'r.Assis -Treasur r,or tile!Financial Officer) By: �/ ��r� /J'ttL` By, �t �NNotarized Signature of Ch ria�rq n of Board, Notarized Signa�re Se retary,Asst Secretary, �j President or any(Vice President Treasurer,Asst tre r or Chief Financial Officer Name: 11W_ IARIF) S7 4,Pr,4K Name: L-t)rH/ (IP/.*jtn �� Title; EY',sfd�ee Title' r`-'I"""'I _ v State of�4f_r>r(`n'•,U1,4 Stale of C 4t.iFr,rNiv4 1 Couniyof ss --77 County aF'�-rv�,g.�l,-...,,h Iss ff OnR-13-c,S 6eforem))e, R1AI ln.vtc�dLliu� NN7.7ry /i,dr[C, on 69 before me, I�ihi Ir,roi�reun/ �yn r�H2 J.f��3t-lC� personallyappeared /f4L l}RI) 1 r?7-A„' personallyappearod 6,q TV 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 personFs�whose namet6)`lalaT� subscribed to the Within the person(�J whose name(g)a(a subscribed to the within instrument and acknowledged to me thaCfFQ7she/tpey executed instrument and acknowledged to me that•het rZtiiey executed the same iaCS7$`/horRhoir authorized capacity(es), and that by the some in his(ReMheir,authorized capacAy(ves) and that by Cfblher/thoirslgnoture,(a)on the instrument the person(ar,or the h herrA�rrsignature(g)on the instrument the personal.orthe entity upon behalf or which the pemcin4a7 acted,executed the entity upon behalf of which the person(g)acted,executed the instrument. instrument I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY Cr PERJURY under the laws of the Slate of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and fficial seal. WITNESS my hand and official seal. r Notary Blgnature. r• � ', �,'�--% /.-C Notary 5lgnature:�- > r:-i %.1 �•,.C Notary Seal: Notary Seal: ,� KIM E.TOMERLIN td H _ KIM E.TOMERI.IN =. COMM,#1619481 f e NOTARY PU6U0•CALIFORNIA U1 COMM-iN 619481 KERN COUNTY �'F NOTARY PUSUC•CAUFORNIA My Comm.Exp.Nov 20,2009I+ KERN COUNTY My Comm.l xp.Nov.20,20M 1, AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO- 4318 WITH DOKKEN ENGINEERING INDIAN AVENUE/1-10 INTERCHANGE, CP#00-14 The following articles of Agreement No. 4318 are hereby amended to read as follows: SCHEDULE OF COMPENSATION Exhibit"C" -Shall be amended as follows: New Total Increase Task 1.0, Subtask Total Lump Sum shall be increased to $ 126,705 $ 80,100 Task 2.2, Subtask Total Lump Sum shall be increased to $ 66,333 $ 52,190 Task 2.4, Subtask Total Lump Sum shall be increased to $ 26,819 $ 13,820 Task 2.6, Subtask Total Lump Sum shall be increased to $ 41,026 $ 13,620 Task 2.7, Subtask Total Lump Sum shall be increased to $ 171,334 $ 63,290 Task 2.9, Subtask Total Lump Sum shall be increased to $ 68,465 $ 14,260 Task 2,10, Subtask Total Lump Sum shall be increased to $ 61,846 $ 12,350 Task 2.11, Subtask Total Lump Sum shall be increased to $ 29,834 $ 10,010 Task 3.5, Subtask Total Lump Sum shall be increased to $ 18,440 $ 11,240 Task 4-1, Subtask Total Lump Sum shall be increased to $ 170,010 $ 13,400 Task 4.2, Subtask Total Lump Sum shall be increased to $ 91,050 $ 18,050 Task 4.3, Subtask Total Lump Sum shall be increased to $ 100,060 $ 14,060 Task 4.4, Subtask Total Lump Sum shall be increased to $ 38,650 $ 13,150 Task 4.5, Subtask Total Lump Sum shall be increased to $ 34,980 1$ 1,180 $340,720 Total For Project shall be increased to $1,334,562 Except as specifically amended by this Amendment#2, all terms and provisions of Agreement #4318 shall remain in full force and effect. Purchase Order Number(s): 116346 Agreement Number: 4318 Original City Council Approval: December 6, 2000 Original Minute Order Number: 6761 Original Contract Amount: $ 943,842 Amount of Previous Increase(s) $ 50,000 Amount of This Increase $ 340,720 Amended Total: $1,334,562 Account Number(s): 134- 497-50185 SIGNATURES ON NEXT PAGE �' C ':rr°_ 7'' Dokken Engineering, CP#00-14 Amendment No. 2 Page 2 ATTEST: CITY OF PALM SPRINGS, a municipal corporation B _ City Clerk City Ma r APPP,OVEO BY CITY COUNCIL CONTRACTOR: DOKKEN ENGINEERING rno -Wa Mailing Address:9665-Gbesepeak&DAve-StftteA,35,San Diego, CA 92123 CONTRACTOR: Check one individual—Partnership 1/�'Corpora ah_-� By. Signature(notarized) �jSigFnn tur (notarized) Name: /2/CG���� ./, L���/!Fy Name: `-�v„'YY °4f I�Y_� x\ - 7� Title: - <�- -o—• Title: r� � (This Agreement must be signed in the above space by one of This Agreement most be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following:Sccnkary,Chief Financial Officer or any President)/,� r Assistant'rreasurer) State of C_[:r 1i-4"rA"r, I State of 1 i'r I,jr,d{'da _ -I Counlyof Spu aV�2Y�i'fc� ss C�ounry of -°�•,C f�ti✓v,o✓l.�c I55 n, �9�n /o .�o • aCo bc£on:me,1 p�µ IL Zo . p�u n before me, � ,r:r,•y.---`�z�r-pin=-/E-!'y r4krror!P-Vcv�e`s L' ✓.(� n,t hr r ,c.' F5, personally appeared ~L�..•C!•h h-2p•�L-.-iy L�,7-1,;,r persenally uamd - -F-� Pr, '' personally known to mkt rpmvcd me on�iorfhasls o st £c o personally known[�(or proved to c on the basis of satisfwiory evidence)to be the person w ose name. rssu scn c v rfie evr once to be�[IYe personwhosc namni�'are subscribed to the within instrument and acknowledged to a tha rc/'ss /they executed within insmmcnt a%acknowledged to me that h sheCthcy executed the same in liner/their authorized capaerry and that by the same in his ftieritheir authorized capacity%jc J, and that by his/her/their signatur,Won the tnstrumcm the personX,or the entity his/her/their siymaturt ffon the instnment the persooWnr the entity upon behalf ofwhicl the he pcnson(s)acted,executed the instrument upon behalf of which the persouKactcd,executed the instrument. WrfNES5 my hand and official seal WITNESS my hand Anndd cificial seal. Notary Signatur �el� � r Notary Signature: 6'_q —6%e� V01VC_1_K Notary Seal: Notary Seal: • _�• J '`a I.FS� RAPNM CaliforniamCoRAMONA VOYLES Commislon N 1576559 t Notary public Notary Public-California , El Dorado County S ` 61 Dorado County My comm.Expires May6,2009 My COmm.Expires May 6,2009 i Dokken Engineering Indian Canyon/I-10 CP00-14 AGREEMENT #4318 Amend 1 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREE M07302, 5-21-03 WITH DOKKEN ENGINEERING FOR INDIAN AVENUE/1-10 INTERCHANGE CITY PROJECT NO. 00-14 The following articles of Agreement No. 4318 are hereby amended to read as follows: SECTION 2.1 - Contract Sum. Maximum contract amount is hereby amended to nine hundred ninety three thousand eight hundred forty two dollars ($993,842), an increase of fifty thousand dollars ($50,000). EXHIBIT A - Scope of Services, shall be amended as follows: Task 2.2 Project Development Team Meetings. Contractor shall attend 11 additional Project DevelopmentTeam Meetings due to the additional required alternative designs and Biological Assessment/Section 7 Consultation Services,required underAmendmentNo.1. Task 2.7 Environmental Approval. Contractor shall include Alternative No. 3 in all environmental documents and include a water quality analysis. In addition, a Section 7 Consultation, including the creation of a Biological Assessmentwill be requiredwith United States Fish and Wildlife Service (USFWS). Task 2.7.2 Technical Studies. Contractor shall revise the Natural Environmental Study, Noise Study, and Cultural Resources Study to include Alternative No. 3. Task 2.7.3 Draft IS/EA. Contractor shall revise the IS/EA to include Alternative No. 3, an analysis of water quality, and an analysis in the Biological Resources section to include a discussion on the Caltrans Mitigation Bank. Add the following Tasks: Task 2.7.5 Biological Assessment (BA)/Section 7 Consultation. Contractor shall conduct a literature review to identify existing information regarding the distribution of the subject species and their habitat within the action area. Literature sources to review shall include the California Natural Diversity Data Base, USFWS Records, Caltrans Documents and other relevant information sources. Contractor shall conduct field surveys to identify and map habitat conditions of the action area beyond that already addressed in the project Natural Environmental Study Report. The field survey shall be conducted by a Biologist within the Contractor's or Subcontractor's firm, who is fully familiar with the local species habitat ecosystem. Contractor shall prepare a BA in accordance with local USFWS Guidelines and the standard FHWA format. The BA shall include a description of the action being considered and identification of the action area, a description of any listed species or critical habitat that may be directly or indirectly affected by the action, an evaluation of direct, indirect and cumulative project affects on any listed species or critical habitat, identification of efforts to avoid or minimize project effects, any description of compensatory mitigation measures that have been approved by the Project Development Team Members and FHWA. If such measures have not been approved, a memorandum describing recommended measures shall be attached to the BA. Graphics shall be included on the report which shall show the site location, vegetation, and habitat description and any sensitive species sightings. In addition, relevant reports including any environmental documents biological reports and any other relevant studies or other information available on the action, the effected listed species or critical habitat shall be appended to the report. Contractor shall prepare a screen check version of the BA for Amendment No. 1 Dokken Engineering, CP#00-14 Page 2 of 3 review by the Project Development Team, including Caltrans. Upon receipt of comments, the Contractor shall make revisions as needed and prepare a Draft BA for submittal to the FHWA. Upon receipt of comments from the FHWA the Consultant shall prepare a final BA suitable for the FHWA to submit to the USFWS. The Consultant shall await receipt of comments from all participants before completing revisions to any of the report versions. Contractor shall attend meetings and coordinate with the Project Development Team, FHWA, and USFWS as part of the Section 7 Consultation process. Contractor shall coordinate with the Project Development Team, FHWA, and USFWS to track the processing and schedule of the Section 7 Consultation, and to provide any additional information or materials that the agencies may require for completion of the consultation. Task 2.7.6 Support Mitigation Bank Agreement Development. Contractor shall provide indirect/direct impact area exhibits and calculations to aid Caltrans staff in developing the Mitigation Bank Plan. EXHIBIT C - Schedule of Compensation, shall be amended as follows: Task 1.0, Subtask Total Lump Sum shall be increased to $ 46,605. Task 2.2, Subtask Total Lump Sum shall be increased to $ 14,143. Task 2.7, Subtask Total Lump Sum shall be increased to $108,044. Task 2.9, Subtask Total Lump Sum shall be increased to $ 54,205. Task 2.10, Subtask Total Lump Sum shall be increased to $ 49,496. Task 2.0, Task Total Lump Sum shall be increased to $371,075. Total for Project should be increased to $993,842. EXHIBIT D - Schedule of Performance, shall be amended as follows: Contractor shall complete the screencheck BA under Amendment No. 1 within 45 days upon receipt of comments from all participants on the revised NESR. Revisions to each version of the report shall be completed within one week of receipt of comments from all participants. Contractor estimates that the Section 7 Consultation shall be completed within 135 days of submittal of final BA. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 4318 remain in full force and effect. A TE CITY OF PALM SPRINGS, ,,/ a municipal corporation B : 4_City C erk �/�o�d� C' anager i�G"Gs'113( WC Coi �S if 'OHE COX# ;OVJM!� [If4 Amendment No. 1 Dokken Engineering, CP#00-14 Page 3 of 3 Agreement over/under $25,000 APPROVED AS TO FORM: Koviewed and approved by Procure—ent & Contracting By: �(tiYit� Initials b- Date L/OL/L City Attorney P.O. Number CONTRACTOR- "heck one: _Individual _Partnership laorpo�ation 141 BY:/'+6w .�1 s ary�a � ,�' c By: h4 r1t�d'F Signamre(notarized) SJgnature otor ized) Name: 16/q 4 4 J *-- P a Name: Zi e'4,#-40 2�sW'^" i 4 Title: 6 Title: _ '1,Mld —r'r--a (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following:Chairman of the Board,President one of the following Secretary,Chief Financial Officer or any Vice President) \ or any Assistant Treasurer) State of(,gi�FoRr.l19 h State ofC4G/FoRN/A 11 9M County of.$Aepr�J sa SS Countyof SF.�R4.M.NTUfas /J . / p On ,2i AS beforeme,_,aN R. HmSAbSE NOTARY laSueOn 6.ZC-03 beforeme,_L-.1lE /-mfROSt' IVOTARi FI/FL G personally appeared ,eraNglfD q- 12D rC J4£/o personally appeared_ /('1GH5Rb GLT ..J15 personally knownto me(orproved to the on the basis ofsatisfaaory persunallyknownto me(orprovedto me on Uiebasisofsalisfaclory evidence)lobethe person(.$)whose name(s)is/are subscribedtothe evidence)lo be the person(s)whose name(s)is/are subscribedto the within instrument and acknowledged to tie that he/she/they within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies),and that executed the same in his/her/their authorized capacity(ies),and that by his/her/their sigunmre(s)on the instrument the person(s),or the by hisdier/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 person(s) acted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Sigma Notary Sigma Notary Se l: Notary eal: JOHN R.AMBROSE Y 1) COMM.R 13fi0671 r F ,,,i, JOHN R.#136 E ap ; • NOTARY PUBLIC-CALIFORNIAQ OF COMM.#1360671 Q' SACRAMENTO COUNTY O (�, m'-.r' NOTARY PUBLIC-CALIFORMAQ SACPAMtNTO COUNTY 0, COMM.EXP.JULY 2,2006 ' COMM.M.IXP.JULY 2,2006'' Dokken Engineering . Indian/Interstate 10 Interchan AGREEMENT #4318 M06761, 12-6-00 CITY OF PALM SPRINGS Engineering Department ENGINEERING DESIGN ENVIRONMENTAL CONTRACT SERVICES AGREEMENT FOR INDIAN AVENUE/INTERSTATE 10 INTERCHANGE CITY PROJECT NO. 00-14 THIS CONTRACT SE VICES AGREEMENT (herein "Agreement"), is made and entered into this —day of oou, 1W , by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Dokken Engineering, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, FSM76A�3000ni eaea.z W141% F—,i.d:09MM I 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. 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 FSM76N9999T3600al 6 4.26114/% Rcvi.m:WHIM 2 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 be 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 $943,842.00 (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 Sun 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 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. FS2/276N99999 9"p"M1 4.2 6/14/% a��[,w:o9rolroa 3 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the 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 Reoresentative 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: Richard T. Liptak Kirk F. Bradbury 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. FSM76N99999-300"21( 4.2&141% RcviW:"9A1/98 4 • Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In 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. FS 76A9999?300pf216 4.26/14/M Revi+d:WHIM 5 i 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. (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. FSM76/09999'}30p0216 4.261141% Rcvixd:0 IM 6 0 • (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 FM76N99999.300 1( 4.26/14/M Rcvieoi:O9N1/N 7 0 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, 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 "SM76N33933-3000I2l6 4.26114/M WMIM 8 i • 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. 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 FS=76Po9N9J30pp216 4.26/14/M FcvieW:09A1/9B 9 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 party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such F522'/6ro99999-30Wal( 4.261141% a���a:o9rolros 10 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 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ($-0-) 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 Tenn. 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 H2276ro99999-3 216W4.2&14M a���a:o9ro�ros 11 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 party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants FM76N99999-30p021�4.2 6/14/96 Rcvie«1:09A1/98 12 that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 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. 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 FM76A)999)9-30pp216 4.26A41M Rcvid:09A1/96 13 • • 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. ATTEST: CITY OF PALM SPRINGS, a municipal corporation LR , Bv• City Clerk City Manager APPROVED AS TO FORM: City Attorney TC FSM76/0999>3-0 at�.26lIA196 Revised:09N1/96 14 Corporations require two signatures: One from each of the following: A. Chairman of Board,President,any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer). (C�eck one: _Individual_Partnership V Corporation) CONTRACTOR: DOKKEN ENGINEERING By: (I�Totarized signatuele�j „Print Name&Title (No rued Signature) Print Name&Title Mailing Address: 9665 Chesapeake Drive Suite 435 San Diego, CA 92123 (END OF SIGNATURE) FSM76N99999�3000a]6 4.261141% Revved:n9N1/96 15 ALL-PURPOSE ACKNOWLEDGMENT State of California I ^ SS. County of _.t zt ,i"Ci-!�� EF.�,y-�,a� . o On 'V12��;��]e�*" ��� Za.!l" before me, �- � a vwc�: ®�,y f_tro Cti�O'k=, (DATE) y (NOTARY) personally appeared I CAN 0r I.r erk � ul QL a_ `�� "b�o-,C �. SIGNER(S) ppersonally known to me - ❑E- ❑ proved to me on the basis of satisfactory m evidence to be the person(s) whose name(s) D is/are subscribed to the within instrument and ® acknowledged to me that he/she/they executed D the same in his/her/their authorized ° capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ° or the entity upon behalf of which the ° person(s) acted, executed the instrument. 4 TINA RICHARDS WITNESS my hand and official seal. Comm.#1141550 NOTARY PUBLIC-CALIFORNIA Sacramento County .+ My Comm. Expires June 9,2001 d 1-! ,u NOTARY'S SIGNATURE ® C FTIONAL INEOIBMXfION G The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edament to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONT OF ATTACHED DOCUMENT . �di-aIl o� •�ci�i>^t ���;�h�;,��<; C°��tR-�6�2�� c ❑ INDIVIDUAL �• _...., �a, f' ( ) �' _, . �I 0 CORPORATE OFFICER .�`° vPC,. . l��d•sL °t''"\" ,1 T.—G�ai as,. J') �•,j TITLE OR TYPE OF DOCUMENT N � TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ^q- ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR - pm ❑ OTHER: D D .aiz t� �:p C, TEDA OF DOCUMENT V SIGNER IS REPRESENTING: NAME OF PERSON(S)OR- IfE ITY(IES) rr i'`�. OTHER ° APA 1/94 VALLEY-SIERRA,800-362-3369 EXHIBIT "A" SCOPE OF SERVICES Task 1.0 Project Administration Task 1.1. Project Management. Trend meetings with the City of Palm Springs Project Manager, the California Department of Transportation (Caltrans) Project Manager and other representatives from affected agencies will be held at least once a month, and may be held on a bi-weekly basis. The environmental team leaders and/or subconsultants shall attend trend meetings as appropriate. Contractor shall prepare minutes for each meeting and have these available for review at each succeeding meeting. Task 1.2 Budgeting. Contractor shall prepare budgets for each task and milestone for the Project. Such budgets will be entered into Contractor's Management Information System along with actual costs incurred, and used as a basis for cost monitoring and control. Task 1.3 Cost Accounting. Contractor shall prepare biweekly reports of expenditures for the project by task and milestone. Expenditures include direct labor costs,other direct costs and subconsultant costs.These reports will be included as supporting data for invoices presented to the City of Palm Springs every month. Task 1.4 Scheduling. Within one month from the Notice to Proceed(NTP),Contractor shall provide a detailed project schedule, indicating milestones,major activities and deliverables,to the City of Palm Springs for review and comments. Task 1.5 Progress Reporting. Progress reports shall be prepared in accordance with City of Palm Springs guidelines.Reports will be required monthly and shall be accompanied by an invoice. Task 1.6 Contract Administration. Contractor's Project Manager shall maintain ongoing liaison with the City of Palm Springs Project Manager,agency contacts and utility companies to promote effective coordination during the course of project development. Task 1.7 Quality Control Plan. A Quality Control Plan shall be established for this project. It will be provided to the City of Palm Springs within two weeks of NTP for review and approval Task 2.0 Planning and Project Development Task 2.1 Research and Data Gathering. 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 data shall be obtained and reviewed. Task 2.2 Project Development Team Meetings. A Project Development Team(PDT)including representatives from the City of Palm Springs,CVAG, Caltrans, Caltrans Division of Structures(DOS),Federal Highway Administration(FHWA)and the California Highway Patrol(CHP) shall be established by Contractor within fifteen days after Notice to Proceed(NTP). A kick off meeting with the PDT will be held as soon as possible after NTP. Task 2.3 Survey. All survey documents shall be prepared in metric format and per Caltrans standards and requirements. Task 2.3.1 Research and PermiMuz. The Contractor shall process and obtain all required encroachment permits for field surveys.Research will be conducted to compile all existing control data,topographic maps,right-of-way maps, record maps and surveys, assessor maps,and any other pertinent data. The FSM76/099999-30p0216 4.26/14/96 Rcri�N:09MIM 16 Contractor shall also research and compile a list of affected utility companies within the project area. Contact will be made with the affected utilities to search their files,identify and obtain locations for their facilities. Task 2.3.2 Control Survey. With the compilation and review of existing survey data,the Contractor shall conduct field reconnaissance of existing vertical and horizontal control monuments in the immediate area and to verify the usability of the proposed monuments. The Contractor shall set secondary horizontal and vertical control and proposed aerial target locations for photogrammetric mapping-Approval will be - --- obtained from Caltrans prior to issuing control and target locations to the photogrammetric subconsultant. After receiving Caltrans approval for control and target locations,field surveys will be conducted using GPS to verify and establish vertical and horizontal control. Task 2.3.3 Topographic Survey The Contractor shall conduct field surveys. Elevations will be surveyed for existing pavement,bridge structures,other improvements of existing facilities,and to develop adequate cross sections at 20-meter intervals at transitional areas as necessary to facilitate the proposed design for the project site. Task 2.3.4 Landnet Survey. The Contractor shall conduct field surveys to locate existing centerlines, property lines,easements,and right-of-way lines. The survey data collected will be submitted to Caltrans for approval.From the approved survey data,the Contractor will prepare preliminary base mapping to facilitate the engineering design process. All monuments will be verified to their true position,marked,and referenced. Task 2.3.5 UtilitvMapping. From the data collected from utility research,the Contractor shall conduct field surveys within the project limits to locate all existing underground and overhead utility lines. All existing facilities, intersection points,and critical points will be identified and located. All survey data collected will be incorporated into the final base mapping. Task 2.4 Preliminary Hydrology Report. Prior to developing the Preliminary Hydrology Report,a thorough field reconnaissance will be conducted. Any available documents pertinent to this Hydrology Report will be obtained from the affected agencies and Caltrans for review. Contractor's analysis will be closely coordinated with the affected agencies,including the Riverside County Flood Control&Water Conservation District. Task 2.5 Preliminary Geotechnical Report. A draft preliminary geotechnical report shall be prepared by Contractor for use in the preparation of the Project Report and the Environmental Report and environmental documents. Available existing subsurface information for the project area will be collected, including geologic maps published by the California Division of Mines and Geology, geologic maps published by the United States Geological Survey and ground water well information. Available Caltrans As-Built data will be reviewed,as well data from previous SCS&T investigations in the area. Geologic and groundwater information on file with Riverside County and the University of California at Riverside also will be researched. Task 2.5.1 Geological Review. Contractor shall provide seismic and geologic information and groundwater data for the Project Report/Environmental Documents. Contractor will identify any seismic and geologic hazards that will have a significant impact on the design and construction of the project. Task 2.6 Traffic Operations Analysis. Review of the Indian Avenue/I-10 Interchange PSR indicates that the analysis will need to be updated to include more recent existing traffic conditions and that the development of forecast traffic conditions needs to be based on the more recent version of the CVAG's Coachella Valley Transportation Study(CVATS)model.The traffic operations analysis will examine existing and future conditions in the vicinity of the Indian Avenue/I-10 interchange. The analysis will include examination of the following locations,Indian Avenue/20th Avenue,Indian Avenue/1-10 Westbound Ramps,Indian Avenue/I-10 Eastbound Ramps,Indian Avenue/Garnet Avenue. F=76 .30 M60684.2&14M Fcvird:O9NI/98 17 i • Task 2.61 Traffic Counts Traffic counts shall be collected for the key roadways and intersections in the vicinity of the Indian Avenue/I-10 interchange. Daily machine counts will be collected for roadway segments,and a.m. and p.m, peak period turning movement counts will be collected for the intersections required. Daily and peak period data for the freeway mainline and freeway ramps will be obtained from Caltrans. Task 2.6.2 Existing/Future Traffic Conditions Existing peak hour intersection levels of service shall be assessed using Highway Capacity Manual(HCM)level of service analysis methodologies. Future traffic conditions will be developed using CVATS traffic model. Forecast year 2025 daily and peak hour volumes will be developed using CVATS year 2020 model data. Specific methodologies for conversion of daily model data to peak hour volumes and for extrapolation of 2020 data to 2025 conditions will be developed in consultation with CVAG staff. The resulting volumes will be examined to determine intersection levels of service using the HCM analysis methodologies. Forecast year 2025 daily and peak hour volumes will be developed. The resulting volumes will be examined to deternine intersection levels of service. Task 2.6.3 Ramp andMerge-Diverge AnaLEL Ramp and merge-diverge analysis shall be performed using HCM analysis methodologies. Weaving analysis will be performed using the Least weaving analysis methodology. Task 2.7 Environmental Approval. Contractor shall perform environmental research and analysis necessary for the Indian Avenue/I-10 Interchange pursuant to CEQA and NEPA, as well as the policies and procedures contained in Caltrans'Environmental Handbook and Local Programs Manual. The following tasks will be necessary to complete the environmental document for the project. Task 2.7.1 Project Initiation. A kick-off meeting shall be held to accumulate the background information necessary to initiate the program. Task 2.7.2 Technical Studies. For the topics listed below,a technical report, which will be summarized in the EARS text,will be prepared and provided in its entirety in the EA/IS appendices. 1) Biological Resources. Contractor shall prepare a Natural Environmental Study Report in accordance with Caltrans Guidance for Consultants. Habitat suitability for the Coachella Valley fringed toed lizard will be assessed. The report will address the methodology and results of the literature review and field survey, assess potential project effects,and outline any mitigation measures that have been agreed to through agency consultations. Additionally,the report will identify the need for focused surveys for any sensitive species that may be present. No focused surveys for sensitive species are proposed at this time. 2) Archaeological/Historic Survey Report. Section 106 documentation shall be prepared in accordance with Caltrans'Guidance for Consultants. Contractor's services include a literature review, a field survey, contact with local historical societies and Native American groups, and preparation of the required documentation. Our level of effort is based on preparing an Historic Property Survey Report (Negative Findings), including an Archaeological Survey Report(Negative Findings). 3) Air Quality(ifrequired). An air quality assessment shall be prepared in accordance with Caltrans' Transportation Project Level Carbon Monoxide Protocol. Level of effort is based on conducting only the screening analyses specified in the protocol;no CALINE4 modeling is proposed at this time. 4) Noise Analysis(ifrequired). A noise analysis shall be conducted to confirm that the project will not violate local, State,or federal noise criteria for highway projects. Noise measurements will be taken in the field to verify existing conditions. Noise modeling will be conducted to identify future noise levels with and without the project. Mitigation measures will be reconunended, as necessary. 5) Socioeconomics/Growth Inducement/Land Use. Contractor shall prepare a background socioeconomic analysis in accordance with Caltrans guidelines and requirements. This analysis shall be incorporated FS 76N99999-3 alb 4.2&14/ ���a:a9rolroa 18 directly into the IS/EA. The background socioeconomic analysis shall provide a description of existing land use,housing, employment, and population conditions in the vicinity of the project. An evaluation of the project's socioeconomic impacts, including potential for growth inducement,shall also be provided. 6) Initial Site Assessment. Contractor shall prepare a supplemental Hazardous Waste Initial Site Assessment(ISA)updating the prior ISA prepared in December 1997. An update of information on the documented hazardous waste sites that were identified previously and any new findings within the project study area will be provided. 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 will identify subsequent procedures to determine the extent of contamination and remediation requirements. 7) F000dplain Study. A floodplain study shall be prepared in accordance with Caltrans regulations for inclusion in the Technical Appendices of the IS/EA. Information used to prepare the study will be obtained from the project engineer and from geotechnical studies prepared for the interchange project. Task 2.Z3 Draft EA/IS.Contractor shall prepare a legally sufficient Environmental Assessment/Initial Study(EA/IS)for the project in accordance with the PSR. If the technical studies reveal no significant impact,Contractor shall prepare a Draft Categorical Exclusion(CE)for approval by the City, Caltrans, and FHWA. If there are impacts that may require mitigation,Contractor shall prepare an EA/IS. Copies of the Screencheck Draft EARS will be submitted to the PDT. The PDT and the FHWA will review the technical studies,as well as the environmental document.Following review and modifications to the Screencheck Draft EA/IS,a Draft EA/IS will be prepared and submitted to Caltrans for public distribution. Prior to public distribution,the Draft EA/IS will require a signature from the City and Caltrans to be transmitted to the FHWA for approval. After approval and signature of the Draft EARS by the FHWA,the document is released for public distribution and review. A Notice of Availability(NOA)will be prepared by Contractor. The Draft EA/IS will require a 30 day public review period on the NEPA documentation;if a CE/IS is prepared,a 20 day public review will be required. A public meeting to receive comment and testimony on the Draft EAIIS will be required during the 30 day review period. Task 2.Z4 Draft FONSUND.Following public review of the EAQS,a Finding of No Significant Impact /Negative Declaration(FONSUND)may be prepared. The FHWA will be the responsible agency for making the finding that the proposed project will not significantly impact the environment. The FHWA signed FONSI makes this finding. The City will make the finding in the preparation of an ND. The Draft FONSUND will include the Draft EA/IS,technical appendices,letters of comments,responses on the Draft EA/IS,and Mitigation Monitoring Program. If a finding is made that additional environmental documentation is required beyond that noted herein,a revised scope and budget augmentation request will be prepared by Contractor for City approval. City has additional option of obtaining said additional environmental documentation from parties other than Contractor. Task 2.7.4(1)Response to Comments. At the close of the public review period and public meeting on the Draft EA/IS,Contractor shall meet with the PDT, City and Caltrans staff to review any comments on the Draft EARS that were received and to discuss potential responses to these comments. Contractor will then formulate responses to the comments on the Draft EARS. Once draft responses to comments are completed, they will be submitted to City and Caltrans staff for review and comment. The comments will be incorporated into the response to comments in the appendices to the Final EARS FONSUND,which will be submitted to the City for use in public hearing(s). FS=76r1199R)-30ro216 4.26/14/ Rcvi�W:WHIM 19 Task 2.7.4(2)Mitigation Monitoring Program. Prior to the City hearings on the project, Contractor shall prepare a mitigation monitoring plan, including monitoring forms, to assist the City in implementing the mitigation measures contained in the EA/IS as required by CEQA. Task 2.Z4(3)Screencheck FONSUIS. Contractor shall prepare a Screencheck FONSI/ND that includes the Draft EA/IS,Response to Comments, and the Mitigation Monitoring Program for the PDT,City and Caltrans review and comment. Task 2.7.4(4) Final FONSUND. Contractor shall revise the Screencheck FONSI/ND incorporating the City and Caltrans comments and submit to the PDT, City and Caltrans the Final FONSI/ND. The Final FONSUND will include the Draft EA/IS,technical appendices, letters of comments and responses on the Draft EA/IS,and the Mitigation Monitoring Program. The City will conduct a public hearing before the Planning Commission to certify the Final ND. After certification of the ND, the City will forward the document to Caltrans,which will be responsible for forwarding the certification on to the FHWA for NEPA approval of the FONSI. The City will be responsible for noticing the public hearing on the ND. Task 2.8 Value Engineering. A value engineering review shall be undertaken as early in the Project Development process as is practicable. This will assist in identifying possible cost reduction measures. Task 2.9 Project Report and Project Approval Report. A Project Report shall be developed following Caltrans procedures and criteria.Once approvals are obtained from the City of Palm Springs, Caltrans and FHWA,a Project Approval Report shall be submitted. Task 2.10 Geometric Approval Drawings. Geometric drawings of the preferred alternative shall be prepared at 1:1000 scale. These will include typical cross-sections,horizontal alignments,profiles,superelevation diagrams and traffic data. Task 2.10.1 Landscape Concept Approval Drawing. A landscape concept drawing shall be prepared by Contractor for approval by the City of Palm Springs and Caltrans. Task 2.11 Geotechnical Design Report. Contractor shall develop a drilling program to explore subsurface conditions beneath the planned improvements.Near surface soils will be evaluated to determine if support for the proposed bridge structure can be provided by spread footings. Various types of foundations will be evaluated. Design recommendations for shallow or deep foundations will be provided,as appropriate. Task 2.11.1 Slope Stability Analysis.New slopes will be formed during construction of embankments for bridge approaches,on-ramps,and off-ramps. Stability analyses will be performed to evaluate near-surface and overall stability. Ground surface settlements could occur as a result of embankment construction. The magnitude and time rate of settlement under the new embankments will be evaluated. Task 2.11.2 Pavement Structural Sections. Alternative flexible pavement structural sections will be evaluated and recommendations will be provided for the most suitable pavement types. Task 2.11.3 Borings. A hollow-stem auger is considered most effective for advancing the test borings to the required depths. Disturbed samples will be obtained from auger cuttings and by driving a Standard Penetration Test(SPT)sampler at frequent intervals. The SPT sampler will be driven with a 63.5-kilogram (kg)hammer falling 760 millimeters(mm)in accordance with ASTM procedures. Relatively undisturbed samples will be obtained with a 63.5 min inner diameter sampler driven with the 63.5 kg hammer falling 760 ram. Appropriate encroachment permits will be obtained before field work within the City of Palm Springs' and Caltrans' rights-of-way is started. Upon completion of the fieldwork,the borings will be backfilled and pavements patched with cold patch or ready-mix concrete,as required by the permits. FS 76g99999-90p0216 4.261141% Nevuei:WHIM 20 Task 2.11.4 Field Exploration and Laboratory Testinr The field investigation for the Geotechnical Design Report will consist of drilling exploratory borings for the embankment and borings for pavement design. Subsurface soil samples will be obtained during the field investigation program for laboratory testing. The laboratory program will consist of moisture content and dry density determinations, classification tests,shear strength tests, consolidation(compressibility)tests,R-value determinations, and corrosivity assessments. Task 2.11.5 Eneineerin2Analysis and Report Preparation A final Geotechnical Design Report shall be prepared.The report will include descriptions of the field and laboratory programs,results of foundation, settlement, stability and pavement analyses, and design recommendations for: 1) Site stratigraphy,structural geology and natural slope stability. 2) Subsurface soil and rock conditions. 3) Surface drainage and groundwater levels. 4) Liquefaction potential and the potential for earthquake-induced settlements. 5) Excavatability and shrinkage and swell factors for estimating earthwork quantities. 6) Embankment construction and foundation preparation beneath embankments. 7) Estimated final ground surface settlements where new embankments are constructed. 8) Earth retaining systems. 9) Flexible pavement structural sections. 10) Culvert foundations 11) Potential sources of borrow material. 12) Potential for disposal of excess materials derived from earthwork operations. 13) Construction considerations, including construction monitoring and instrumentation. 14) Temporary and permanent cut and fill slope stability. 15) Suitable foundation types for structures along with geotechnical engineering criteria for foundation design. 16) Suitability of on-site soils for use as structure backfill and structure backfill materials,placement and compaction. Task 2.12 Right of Way Engineering. From the preliminary survey information obtained,The Contractor shall analyze the measured and record data to establish boundary lines per acceptable land surveying methods. Preliminary right-of-way maps will be prepared from a compilation of field survey data and researched data. The preliminary right-of-way maps will be submitted to Caltrans for approval. The right-of-way limits shall be incorporated into the final right-of-way map. Task 2.12.1 Legal Descriptions The Contractor shall prepare all legal descriptions for full and partial land acquisitions and plats for all properties affected by the proposed improvements and to acquire necessary right of way. All legal descriptions and plats will be prepared in metric format and in accordance with Caltrans Right-of-Way Engineering Standards. Task 2.13 Agreements. Contractor shall provide technical and administrative support to the City of Palm Springs as required for obtaining cooperative agreements,freeway agreements and escrow agreements. Task 2.14 Utility Coordination/Relocations. Contractor shall coordinate with the affected utility companies to provide relocation plans and permits. Relocation data received from the utility companies shall be shown on the Utility Plans prepared by Contractor. Task 3.0 Structures Task 3.1 Preliminary Structure Design.The culmination of preliminary design work will lead to the submittal and presentation for review and approval of a Type Selection Report for the structure. Bridge aesthetics and landscaping will be determined through discussions with staff and meetings with Public Arts and Planning Commissions. F571176N9993?3ppp/216 4.26/14M Pcvi 1:0991N6 21 Task 3.1.1 Type Selection Review Meeting A Type Selection Review Meeting shall be held, in which Contractor will discuss and provide information on foundation requirements,hydrological requirements, falsework requirements, seismic and aesthetic considerations,traffic handling,constriction cost and other pertinent information that is needed to determine the proper structure type. Aesthetics considerations shall include meetings and obtaining Public Arts Commission and Planning Commission input prior to beginning design. Designs shall incorporate said input as directed by City. Task 3.2 Geotechnical Coordination and Foundation Report. A Foundation Report shall be prepared for the structures based upon the field and laboratory investigations described below.The Foundation Report shall be prepared and signed by a Certified Engineering Geologist and a Registered Geotechnical Engineer with deep foundation experience currently licensed in the State of California.Recormmendations shall be included in the report for structure foundation types and footing elevations. Specified and design pile tip elevations shall be provided by Contractor.Information on groundwater conditions,allowable bearing capacities and other data needed to evaluate the selected foundation shall also be provided.The report also will address anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches. The Foundation Report shall include: 1) Nature of materials on the site. 2) Liquefaction potential. 3) Geologic hazards that may exist and recommendations for mitigation measures. 4) Soil parameters and load requirements for shoring systems if required. Design parameters and potential construction difficulties shall be identified and addressed in the Foundation Report,together with the proper mitigation measures. For the bridge structure, alternative types of foundations will be evaluated to allow selection of the most suitable type of foundation. A Log of Test Borings(LOTB) sheet will be prepared and included as part of the report and for inclusion in structure plans. Task 3.2.1 Field Exploration and Laboratory Testing Contractor shall explore subsurface conditions by drilling 3 test borings(one at each abutment and one at the bent)to depths of 20 to 23 meters. The exact locations will be selected in consultation with Caltrans personnel to minimize impacts on freeway traffic. Subsurface investigations will provide for utilization of Class 45 (metric Class 400)piles as a minimum if pile foundations are determined appropriate. Disturbed and relatively undisturbed samples shall be obtained from the borings for classification and laboratory testing. It is anticipated that laboratory testing will include moisture content and dry density determinations,classification tests, shear strength tests,consolidation(compressibility)tests and corrosivity assessments. Task 3.2.2 Engineering Analysis Results of the field exploration and laboratory test programs shall be analyzed to develop idealized subsurface profiles and geotechnical design parameters for bridge foundations.The most appropriate foundation type and related capacity will be recommended. Seismic parameters such as peak bedrock acceleration and depth to rock-like materials will be provided. Other seismic hazards, if encountered,will be addressed and recommendations will be provided to mitigate these hazards. Task 3.2.3 Report Preparation The results obtained from the geoteclmical investigation shall be documented in a Draft Foundation Report,which will include a LOTB sheet. The draft report shall be submitted to the PDT for review. The report will be finalized upon receipt of review comments. The report will include conclusions and recommendations regarding: 1) Types locations and engineering characteristics of foundation materials. 2) Engineering seismology of the project area, including liquefaction potential. 3) Geotechnical factors potentially affecting the design of the proposed structure, including settlement and groundwater. F52R76N9999 MWnl6 4.26/14M R Vv;WNINB 22 • 4) Geotechnical design parameters for the most suitable methods of foundation support including allowable bearing capacities and resistance to lateral loads. 5) Corrosivity of on-site materials with respect to steel and reinforced concrete. 6) Fill and backfill material,placement and compaction procedures. Task 3.3 Structural Design and Calculations. Following the Type Selection Meeting and approval of the General Plan and Foundation Report, structural design calculations shall be prepared. All plans and calculations shall conform to Caltrans'requirements and shall be made available for review upon request. Task 3.4 Demolition of Existing Bridge. Contractor shall prepare plans and specifications for the demolition of the existing bridge. Task 3.5 Structural Special Provisions. Contractor shall prepare Structure Special Provisions specific to this project which will be incorporated into the final PS&E.These Structure Special Provisions shall be prepared, signed and stamped by a Professional Engineer registered in the State of California. Task 3.6 Estimate. Contractor shall prepare quantity calculations for the bridge cost estimate. All contract item quantity calculations will be independently checked and substantiated with calculations. Task 3.7 Independent Check Review and Quality Control. An Independent Check review shall be conducted as soon as the initial design is completed for the bridges. Checking will include the preparation of an independent set of structural design check-calculations and review of the plans, specifications and estimate(PS&E). Task 3.8 Draft PS&E.The checked Structure Plans shall be submitted to the PDT, City and Caltrans DOS for review and comments. Task 3.9 Final PS&E. The final PS&E shall incorporate all review comments from the PDT, Caltrans DOS and other affected agencies. Contractor shall provide all the necessary documents in a"bid-ready"form. Task 4.0 Roadway Task 4.1 Basic Roadway Plans. The following list of drawing types shall be included: • Profiles with Superelevation • Summary of Quantities Title Sheet and Location Map Diagrams • Highway Planting and Irrigation • Typical Sections • Construction Details Plans • Key Map and Line Index • Contour Grading • Layouts • Utility Plans Task 4.2 Drainage Plans. Contractor shall perform hydrology and hydraulic studies to obtain and provide design solutions,which will remove surface runoff from the upstream side of the highway to downstream side.The following list of drawing types shall be included: • Drainage Plans • Drainage Details • Drainage Profiles • Drainage Quantities Task 4.3 Traffic Plans. The following list of drawing types shall be included: • Stage Construction and Traffic • Construction Area Sign Plans Handling Plans • Pavement Delineation Plans • Detour Plans . Sign Plans • Electrical Plans (Signals& Ramp Metering) F=76N99999NWal 6 4.261141% FeVlvd:WHIM 23 Task 4.4 Miscellaneous Plans. The following list of drawing types will also b•cluded: NPDES Erosion Control Plans Safety Barriers/Fencing Retaining Wall Plans Task 4.5 Specifications and Estimate. Special provisions and an Engineer's Estimate shall be prepared. Task 4.6 Roadway Deliverables. Task 4.6.1 Submittals. 35%Geometric Approval Drawings (GAD)will be submitted at the 35%completion stage. Roadway, drainage,traffic, landscaping, special provisions, the engineer's estimate and miscellaneous plans will be submitted for review to the PDT,City and Caltrans at the 65%, and 100%completion stages. Task 4.6.2 Draft PS&E (95% Complete) (Low-in). 95%(Log-in)plans shall be submitted to the PDT, City of Palm Springs and Caltrans for review and comment.This submittal will include: 1. All Plans 2. Design Calculations 3. Special Provisions 4. Engineer's Estimate 5. Roadway cross-sections at 20 meter intervals/staking notes 6. Back-up quantity calculations Task 4.6.3 Final PS&E (100% Complete). The Final PS&E shall incorporate all applicable comments from the draft PS&E received from the PDT, City of Palm Springs, Caltrans, FHWA and other affected agencies. The entire project electronic files (Microstation format), will be submitted to Caltrans for Headquarters approval (Sacramento) upon final approval of the PS&E. Task 4.6.4 Project Files and Resident Engineer's File. Project files and the Resident Engineer's file shall be submitted with the Final PS&E(100%Complete). Task 4.6.5 Slope Stake Notes. Slope stake notes will be provided at 20-meter intervals for all design alignments. Task 5.0 Construction BiddingP hase In the event that bid items require interpretation, the items will be analyzed by Contractor. Corrective action taken will be in the form of an addendum prepared by Contractor and issued by the City or by a covering change order after the award of the construction contract. Task 6.0 Construction Support Phase Contractor shall attend the pre-construction meeting with the successful construction contractor. During construction, Contractor shall furnish all necessary additional drawings as required and will review shop drawings submitted by the construction contractor. Contractor will be available to visit to the job site for on-site review of construction and other visits to the job site as requested to resolve any discrepancies in the contract documents. Task 6.1 As-Built" Plans. Contractor shall prepare and deliver to the City and Caltrans "As-Built"plans. PSM76N99999-3°°°216 426/14M RcviaW:Wffil 8 24 • EXHIBIT "B" • SPECIAL REQUIREMENTS Section 5.1, Insurance, First paragraph after 5.1(d), add: "except for Professional Errors and Omissions Insurance" to the end of the first sentence. Section 5.1, Insurance. Replace(d) "Additional Insurance", with the following: (d) Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per claim and in the aggregate with respect to loss arising from the actions of Contractor performing professional services hereunder on behalf of the City. Sections 5.1 and 5.2-After the word City in the first paragraph, after 5.l(d)and in Section 5.2, add: ", the Coachella Valley Association of Governments and the County of Riverside." Section 5.3,Performance Bond is waived. Exhibit A: Contractor's attention is directed to the fact that City has entered into a 3-party reimbursement agreement with the Coachella Valley Association of Governments (CVAG) and the County of Riverside. Such agreement is incorporated herein by reference and made a part hereof as if fully set forth herein. All work by Contractor shall comply with the terms of said agreement. Contractor's attention is especially directed to Sections 4.1 through 4.4, 5, 6, 7 and 10 of said agreement. EXHIBIT "B" FS]= :W9¢300p21Wfi84.26/14/95 a76 OD ffi1/9B TO CONTRACT SERVICES AGREEMENT 25 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. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below. Subtask Total Task Total Lump Sum Lump Sum Task 1.0 Project Administration $41,915 $ 41,915 Task 2.0 Planning and Project Development $321,075 Task 2.1 Research&Data Gathering $ 1,083 Task 2.2 Project Development Team Meetings $10,833 Task 2.3 Survey $40,297 Task 2.4 Preliminary Hydrology Report $12,999 Task 2.5 Preliminary Geotechnical Report $6,066 Task 2.6 Traffic Operations Analysis $27,406 Task 2.7 Environmental Approval $76,044 Task 2.8 Value Engineering $ 5,633 Task 2.9 Project Report and Project Approval Report $48,205 Task 2.10 Geometric Approval Drawings $45,496 Task 2.11 Geotechnical Design Report $19,824 Task 2.12 Right of Way Engineering $12,457 Task 2.13 Agreements $ 2,925 Task 2.14 Utility Coordination/Relocations $11,807 Task 3.0 Structures $127,090 Task 3.1 Preliminary Structure Design $ 5,915 Task 3.2 Geotechnical Coordination and Foundation Report $31,988 Task 3.3 Structural Design and Calculations $41,441 Task 3.4 Demolition of Existing Bridge $ 5,000 Task 3.5 Structural Special Provisions $ 7,200 Task 3.6 Estimate $ 9,600 Task 3.7 Independent Check Review and Quality Control $19,146 Task 3.8 Draft PS&E $ 3,400 Task 3.9 Final PS&E $ 3,400 Task 4.0 Roadway $364,910 Task 4.1 Basic Roadway Plans $156,610 Task 4.2 Drainage Plans $73,000 Task 4.3 Traffic Plans $86,000 Task 4.4 Miscellaneous Plans $25,500 Task 4.5 Specifications and Estimate $23,800 Task 4.6 Roadway Deliverables $44,470 Task 4.6.1 Submittals $ 2,000 Task 4.6.2.Draft PS&E(95%Complete) $ 5,000 Task 4.6.3 Final PS&E(100%Complete) $ 5,000 Task 4.6.4 Project Files and Resident Engineer's File $ 6,800 Task 4.6.5. Slope Stake Notes $25,670 Task 5.0 Construction Bidding Plans $10,008 $10,008 Task 6.0 Construction Support Phase $26,874 $26,874 Task 6.1 "As-Built"Plans $ 7.500 $7,500 Total for Proiect $943,842 EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 2 shall be completed within 12 months of receipt of a Notice To Proceed from City. Tasks 1, 3, and 4 shall be completed within 24 months of receipt of a Notice to Proceed from City. Tasks 5 and 6 shall be performed as directed by City. EXHIBIT "D" Fs'a6'a" °a b°`s".Za w R= Wffij U9991m TO CONTRACT SERVICES AGREEMENT f aOA_10.., CERTIFICPW OF LIABILITY INSUON/C $R SB DATE(MM/DDIYY) OKKE-1 12/12/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE k C Fischer & Co - Sacramento HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 Phone: 916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE INSURED INSURERA CNA Insurance Companies / INSURER 9- Fireman$ Fund Insurance Co Dokken Engineering INSURERC 3054 Gold Canal Drive INSURER D. Rancho Cordova CA 95670 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X1 COMMERCIAL GENERAL LIABILITY C2025123931 05/12/00 05/12/01 FIRE DAMAGE(Anyon.fire) $ 100,000 CLAIMS MADE Y OCCUR MED EXP(Any one person) $ 10,000 X Addrl Insured PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- ECT 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 A X ANYAUTO BUA2025123945 05/12/00 05/12/01 (Ea accidenq r I ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per amidenl) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ 3,000,000 B X OCCUR F-1 CLAIMS MADE XYZ96387956 10/15/00 10/15/01 AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E L EACH ACCIDENT S EL DISEASE-EA EMPLOYEE $ E L,DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Day Notice of Cancellation for non payment of premium, 30 days for all other notices. The City of Palm Springs, it's officers and employees are named as Additional Insured regarding General Liability per form G17957-F attached. Job:Indian Avenue/I-10 Interchange City Project No. 00-14 CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PALMS-6 SHOULD ANY OF THE ABOVE DESCRIBBEEDPE CIES BE CANCELLED B FORETHEEXPIRATION DATE THEREOF,THE ISSUING IN$U ER R WILL ENDEAVOR TO MAIL *B0 DAYS WRITTEN City of Palm Springs NOTICE TO THE CERTIFIC}YYE/HOLDER NAMED TO THE LEFT,BUT FAI RE TO DO SO SHALL Engineering Department IMPOSE NO OBLIW- OONN OR LIABILITY OF ANY KIND UPON THEINSU ER,ITS AGENTS OR 3200 Tahquitz Canyon Way IV/ Palm Springs CA 92262 REPRESENT ES. Geo, e W. El Jr. ACORD 25-5(7/97) 6___�c ACORD CORPORATION 1988 0 • G-17957-F CNA (Ed. 04/98) For AM the Cammdm an You Make' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to (2) That portion of 'your work" out of which include as an insured any person or organization the injury or damage arises has been put (called additional insured) whom you are required to to its intended use by any person or add as an additional insured on this policy under: organization other than another contractor 1. A written contract or agreement; or or subcontractor engaged in performing operations for a principal as part of the 2. An oral contract or agreement where a certificate same project. of insurance showing that person or organization b. "Bodily injury" or "property damage" arising as an additional insured has been issued; but out of acts or omissions of the additional the written or oral contract or agreement must be: Insured other than in connection with the 1. Currently in effect or becoming effective during the general supervision of"your work." term of this policy; and 4. The insurance provided to the additional insured does not apply to "bodily injury," "property 2. Executed prior to the "bodily injury," 'property damage," "personal injury," or "advertising injury" damage,""personal injury" or"advertising injury.' arising out of an architect's, engineer's, or B. The insurance provided to the additional insured is surveyor's rendering of or failure to render any limited as follows: professional services including: 1. That person or organization is only an additional a. The preparing, approving, or failing to prepare insured with respect to liability arising out of: or,approve maps, shop drawings, opinions, reports, surveys, field orders, change orders a. Your premises; or'drawings and specifications; and b. "Your work"for that additional insured; or b. Supervisory, or inspection activities performed c. Acts or omissions of the additional insured in as part of any related architectural or connection with the general supervision of engineering activities. 'Your work." C. As respects the coverage provided under this 2. The Limits of Insurance applicable to the endorsement, Paragraph 4.1b. SECTION IV — additional insured are those specified in the COMMERCIAL GENERAL LIABILITY CONDITIONS written contract or agreement or in the is amended with the addition of the following: Declarations for this policy, whichever is less. 4. Other Insurance These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the b. Excess Insurance Declarations. This insurance is excess over: 3. Except when required by contract or agreement, Any other valid and collectible insurance m the coverage provided to the additional insured by available to the additional insured whether this endorsement does not apply to: primary, excess, contingent or on any other a. "Bodily injury" or "property damage" occurring basis unless a contract specifically requires after: that this insurance be either primary or primary and noncontributing. Where required (1) All work on the project (other than by contract, we will consider any other service, maintenance or repairs) to be insurance maintained by the additional performed by or on behalf of the insured for injury or damage covered by this additional insured at the site of the endorsement to be excess and covered operations has been completed; noncontributing with this insurance. or G-17957-F Page 1 of 1 (Ed. 04/98) aco.-W., CERTIFICPE OF LIABILITY INSU*kNCgSR SB DATE(MMIDDIYY) OKKE-1 12/12/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R C Fischer & Cc - Sacramento HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 INSURERS AFFORDING COVERAGE Phone: 916-443-5963 Fax:916-443-5978 INSURED INSURERA Republic Indemnity Cc of Calif INSURERS Dokken Engineering INSURER 3054 Gold Canal Drive INSURER O. Rancho Cordova CA 95670 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN R POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OFINSURANCE POLICY NUMBER DATE MM/DDM/ DATE MMIDDIYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS'LIABILITY 14870401 07/01/00 07/01/01 EL.EACHA000ENT $ 1,000,000 E L DISEASE-EA EMPLOYEE $ 1,0 00,0 0 0 E L,DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERA TIONSILOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 Day Notice of Cancellation for Non Payment of Premium, 30 days for all other notices. Job: Indian Avenue/I-10 Interchange City Project No. 00-14 CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PALMS-6 SHOULD ANY OF THE ABOVE DESCRIBED PO [ES-SECANCELLED BEFORE TH PIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3 0 DAYS W TTEN City Of Palm Springs NOTICE TO THE CERTIFIC HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL Engineering Department IMPOSE NO OBLIGpT OI N OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGE S OR 3200 Tahquitz Canyon Way / Palm Springs CA 92262 REPRESENTATIVES. G r e W. Ely, Jr, ACORD 25-5(7/97) ( © D CORPORATION 1988 �G a., CERTIFIC E OF LIABILITY INSUekNC�sR SB DaTE(MM/Dom) O=-1 12/12/00 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .R C Fischer & Co - Sacramento HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 Phone: 916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE INSURED INSURER A CNA Insurance Companies INSURER B' Dokken Engineering Attn: Dick Dokken INSURER C. 3054 Gold Canal Drive INSURER Rancho Cordova CA 95670 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR P Y EFFE TIVE P LI Y EXPIRATI N LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MMIDONY DATE MMIDDm GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S CLAIMS MADE ❑ OCCUR MED EXP(Any one person) S PERSONAL B ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accdent) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION $ $ IAIU in WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E L.DISEASE-EA EMPLOYEE $ E L.DISEASE-POLICY LIMIT $ OTHER A Professional Liab. AEE003987226 03/13/00 03/13/01 Occurence 1,000,000 Errors & Omissions Aggregate 3,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Deductible: $75.,000 *10 Day Notice of Cancellation for Non Payment of Premium, 30 days all other notices. Job: Indian Avenue/I-10 Interchange Coty Project No. 00-14 CERTIFICATE HOLDER IN I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PALMS-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN City of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Engineering Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 Tahquitz Canyon Way Palm Springs CA 92262 REPRESENTATIVES. George W. El Jr. ACORD 25-5(7/97) ©ACORD CORPORATION 1988