The URL can be used to link to this page

2014-18 Bengal Engineering - Dune Palms Bridge Project 2011-05C I� PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Bengal Engineering, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Dune Palms Road Low Water Crossing Replacment at the Coachella Valley Storm Water Channel, City Project No. 2011-05, Federal Project No. BRLKS-5433(014), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, Last revised 9-4.13 and the equipment, materials, papers and 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. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Reauirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements").' In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Million, One Hundred Seventy Six Thousand, Seven Hundred Eighty One Dollars ($1,176,781) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation shall be lump sum. The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis in accordance with the percentage of completion of the services. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Last revised 9-4-13 Schedule of Compensation. Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period 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 Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant 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 Last revised 9-4-13 performing the services for the period of the forced'delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on June 2, 2014 and terminate on July 31, 2018 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Onishuk, P.E., Principal In Charge scoft@bengalengineering.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant 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. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 9-4-I3 4 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant 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. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Last revised 9-4-13 Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident ondisease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Last revised 94-13 Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions Pertaining to Provisions of insurance co Consultant. Consultant and City agree to the following with respect to provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at Last revised 9-4-13 7 or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at anytime during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any. insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. Last revised 9.4-13 8 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised 94-13 9 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than.in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and Last revised 94-13 10 defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Aoalicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall 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 cost and the performance of such services. Books and records Last revised 9-4-13 11 pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested Subcontracts in excess of $25,000 shall contain this provision. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant 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. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnity City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. Last reviud 9-4-13 12 8.0 ENFORCEMENT OF AGREEMENT. 8.1 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 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 therefore. 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 Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. 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 right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. 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. 8.5 Riahts 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. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover Last revised 94-13 13 damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt 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 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant 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 Last revised 9-4-13 14 ancestry in the performance of this Agreement. Consultant 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: BENGAL ENGINEERING, INC. Attention: Scott Onishuk, P.E. Principal In Charge 250 Big Sur Drive Goleta, CA 93117 Email: scott(a)benaalenaineerina.com 10.2 Intearated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 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. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Last revised 94-13 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation fit �0 ran v cek, City Manager D t ATT Susan Maysels, 890ft City Mrk APPROVED AS TO FORM: A j I- athe ne Jenson, ity Attorney CONSULTANT: Bengal Engineering Date: &*4 4 Scott Onishuk, P.E. Principal In Charge Last revised 9-4-13 16 Exhibit A Scope of Services The Consultant's Scope of Work, dated February 28, 2014, is attached and made a part herewith. Last revised 9-4-13 17 Dune Palms Road Bridge Over CVSWC Exhibit "A" Phase 1 — Project Approval and Environmental Documents (PAGED) Task 1: Prolect Management. The Consultant will manage the project by tracking the schedule, budget, QA/QC and value of the products produced. Our Project Management approach is highlighted by an aggressive strategy to identify and pursue those critical, long lead time issues that need to be initiated early in the project development process. Work will include: • Continuous coordination with stakeholders such as the City, Caltrans, Coachella Valley Water District, Private and Public Utilities, etc. • Budget preparation for each task and milestone tracking for the project • Monthly expenditure report preparation by task and milestone for the project • Project schedule planning including milestones, project activities and deliverables • Monthly progress reports accompanied by an invoice • Lead monthly project status meeting • Attend public outreach meetings • Preparation of a Project Management Plan • Monitoring critical path items in a proactive manner • Monitor long lead items such as Caltrans reviews and approvals, CVWD coordination, Utility Relocations, RW acquisition and City review process In addition to the PDT meetings with the project team, we will work hand -in -hand with our Environmental Lead and City Staff, as needed to provide and exchange technical data and environmental input. This proactive relationship will be essential to the success of the project. Deliverables: Meeting Agenda, Exhibits, Deliverables Log, and updated project schedules Task 2: Environmental Clearance (CEQA & NEPA) This task will be completed in the following five subtasks in conjunction with the above task. The environmental clearance will include those areas directly affected by the construction as well as potential construction staging areas (top of the channels, vacant land at the southeast corner of the project and City owned property to the north of the project along Dune Palms Road) that may be utilized by the contractor in their construction operations. Task 2.1 Project Kick -Off and Project Description. Our work program will be initiated with an Early Coordination Meeting with the PDT that will define in accordance with the Caltrans PES recommendations, the parameters of the analysis, scheduling and understanding of the project. Based upon concept plan information and supporting data developed under separate engineering tasks, Consultant will draft a preliminary project description for review and approval by City, District 8 staff, and other PDT members as determined necessary. Task 2.2 Research and Investigation. Consultant will evaluate the necessary information with respect to the proposed project. Project research will include coordination with appropriate CITY departments to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps and reference documents. The initial investigation will include a site Page 1 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" visit with Project Development Team (PDT) members, review of existing land uses and environmental conditions and a photographic recording of on -site and surrounding uses. Task 2.3: Preliminary Environmental Study (PES). In accordance with current Caltrans Guidelines, Consultant will prepare a PES for the project in support of the engineering and design services to be provided by the Consultant project engineer. Consultant will meet with City staff, the Consultant project engineer, and Caltrans to define the project description and schedule and to develop a mutual understanding of the issues and impacts of the project. During this task, Consultant will review existing information and participate in a field review of the project site with the Consultant project engineer, the City, and Caltrans. Consultant will prepare a draft PES form (using the standard Caltrans form) prior to the site meeting with the Consultant project engineer, the City, and Caltrans. The draft PES will be reviewed and revised, if necessary, per discussions at the field meeting. Then, the PES will be submitted to Caltrans for signature and distribution to the project team. Consultant's technical staff will attend one field meeting (site visit) as required by Caltrans to discuss possible environmental issues with its staff. Task 2.4: Technical Studies. In accordance with Caltrans and FHWA current procedures and guidelines, Consultant and others will prepare the required technical reports for the project, which will be included as appendices to the environmental documentation. It is anticipated for this project to obtain federal approval, the following technical studies will be required: Hazardous Waste Initial Site Assessment; Cultural Resources, Noise Analysis, Traffic Study, Air Quality Report, Water Quality Assessment, Floodplain Evaluation Report, Visual Impact Assessment, Land Use and Community Impact Analysis, and Biological Resources/Natural Environment Study (NES) The proposed scope of these environmental studies will be reviewed and confirmed with Caltrans at the initial field review meeting. Consultant shall provide to the City and Caltrans the required number of hard copies and PDF copy of all studies and documents for review and for project files. The following technical studies will be prepared by Consultant: (Biological) Natural Environment Study -Minimal Impact (NES-MI). Consultant will conduct a literature review to assist in determining the existence or potential occurrence of sensitive plant and animal species on the project site or in the vicinity. Federal and State lists of sensitive species and current database records, including the California Natural Diversity Data Base (California Department of Fish and Game, only the locality record numbers) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 2007), will be examined. In accordance with Caltrans guidelines, Consultant will submit a letter to the U.S. Fish and Wildlife Service requesting a list of threatened and endangered species known from the project vicinity. The results of the records search will be summarized in a table and included in the NES. The Biological Study Area (BSA) will be determined through coordination with a Caltrans Biologist. The fieldwork will be conducted by qualified Consultant biologists in order to document the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. The location of any sensitive biological resources present on site, including plants and plant communities, will be mapped. For qualification of a NES-MI, certain criteria will apply: Of limited scope and impact. Minor A or B projects that do not require consideration of both context and intensity Page 2 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" (a) Context. The significance of an action must be analyzed in different circumstances, such as society as a whole (human, national), the affected region, the affected interests, and the locality. An impact's level of significance varies with the setting (context) of the proposed action. For instance, in the case of a site -specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short-term and long-term effects are relevant. (b) Intensity. The intensity of an impact refers to the severity of impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity: • Not ordinarily intended for projects involving listed species. • May be used in conjunction with cumulative project impacts where the biological issues are limited to those covered in the NES-MI. If the project scope is expanded to a full NES, a revised scope and fee will be submitted to the City. A jurisdictional delineation, described below, will be conducted as part of this NES-MI. Additional focused surveys that may be required are described in the Potential Additional Technical Studies section below. Consultant will prepare an NES-MI that will include a description of the field methods used and the results of the biological evaluation of the project area. The report will include a list of plant and animal species present within the project area and a general description of the plant communities occurring. The proposed scope of services includes preparation of a draft NES-MI to be reviewed by (1) the City of La Quinta, and (2) Caltrans. Natural Environmental Study (NES). If required by Caltrans and authorized by the City, Consultant will prepare an NES for the project. Biological documentation collected by the City for the project, including results of focused surveys and general surveys conducted by Consultant, would be reviewed and summarized in the NES. A list of species expected to occur at the projects would be obtained from the U.S. Fish and Wildlife Service through the project coordinator at Caltrans District 8. A list of potential sensitive biological resources for the project and other biological issues that would need to be addressed would also be obtained from the project coordinator at Caltrans. Consultant Biologists will conduct an updated literature review of species that have been recorded as occurring near the projects within the California Natural Diversity Data Base and the California Native Plant Society's online inventory. Consultant will conduct a field visit to characterize the existing biological resources on -site that may be affected by project construction and to conduct a survey for sensitive plant species. This survey would be conducted on foot, at a time of day that is conducive to making wildlife observations and during a time at which plant species are most likely to be detectable. To the extent practicable, the field work would be conducted concurrently with the jurisdictional wetland delineation field work or other studies to maximize the efficient use of resources. Using the existing public data, results of the field work and any additional data collected, Consultant will compile a biological profile of the project area. The profile will characterize biological constraints of the project and describe the Biological Study Area (BSA). Page 3 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" If determined to be necessary based on the field findings, Consultant biologists will begin consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) representatives. During the consultation, Consultant will provide the agencies a description of the proposed project and the results of the literature review and survey work. All communication with the agencies will be documented in writing for reference within the NES. Should the consultation with the agencies result in unforeseen focused surveys being recommended, we may need to amend this task. Consultant would prepare an NES for the project that describes the existing biological environment at the project site, based on the results of new survey work and research conducted. The document will incorporate any agency consultations that arise out of project coordination meetings. The NES will be prepared concurrently with the CEQA document, being prepared by others, and will be consistent with both that document and any associated technical studies. The NES would clearly identify the BSA, along with any project impacts, temporary and permanent, and proposed project mitigation measures for biological resources. The NES will also incorporate the most current engineering design and full project description and conform to the standards of Caltrans District 8. ECORP assumes one draft report, followed by one round of review by both the City and Caltrans District 8, and preparation of a final report based on those comments. Focused Surveys for Special Status Species. Based on the results of a preliminary literature review, the proposed project may have potential effects to the following special status species: Coachella Valley and triple -ribbed milk vetch (federally endangered) (spring survey period) Burrowing owl (State species of special concern) (no timing restrictions on surveys) Palm Springs round -tailed ground squirrel (federal candidate/State species of special concern) (late spring/early summer survey period). If the general biological field survey reveals that suitable habitat is present for the above species, or any other species identified during the preparation of the NES-MI, then additional surveys may be required in order to determine the presence or absence of such species. The scope of these surveys would be dependent on the extent of habitat to be surveyed for a particular species, and coordination with the U.S Fish and Wildlife Service (USFWS) and/or California Department of Fish and Game (CDFG) as appropriate. Since the scope and nature of the surveys has not yet been determined, the cost for focused surveys cannot be accurately estimated. However, an estimate of costs has been included based on a two -acre focused survey study area for each species listed above. In the event that sensitive species are found and the criteria for a NES-MI does not apply, a revised scope and fee for a NES will be submitted to the City. The revised scope will include any sensitive resources that are found on the site, In this case Consultant will prepare a NES that will include a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. Tables describing sensitive species and their habitats that are present or potentially present will also be provided in the report. This report will also identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation measures will also be included as necessary. These mitigation measures may be conceptual (i.e., specific restoration plans are not included in this scope). Consultant will prepare letter reports summarizing the results of any necessary focused surveys. Page 4 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" If threatened or endangered species may be affected by the project, coordination with the USFWS and CDFG will be required for compliance with the Federal/State Endangered Species Acts that are not included in this scope of work. Endangered Species Act Biological Assessment. In the event that endangered species (i.e., Coachella Valley milk -vetch or triple -ribbed milk -vetch) or critical habitats are present and this work activity is authorized by the City, Consultant will be available to provide assistance with the Endangered Species Act Section 7 Consultation process, including preparation of the Biological Assessment, attendance at meetings, coordination with the project team, responding to information requests from the U.S. Fish and Wildlife Service, and researching mitigation options. Assistance with the Section 7 Consultation process, if necessary, is an additional task and is not included in the proposed scope of services; this task is identified for informational purposes only. Until the field- work and NES-MI have been completed, the cost for preparation of a Biological Assessment and associated Section 7 Consultation services cannot be accurately estimated. Jurisdictional Delineation. Consultant will complete a focused wetland delineation according to the Corps 2006 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, the new currently accepted methodology. Consultant anticipates that a routine delineation, tailored to the site characteristics, will be adequate. If the City has access to photographs of the roadway during previous storm events, such information will be very useful. Consultant also will complete a jurisdictional "waters of the U.S." determination according to current Corps standards. The results of the delineation will be presented in a detailed report that will include mapping of any wetland areas and jurisdictional areas. Please note the results of the delineation are subject to verification by the Corps and CDFG, which verification will be conducted as part of this task. Note: This task is needed for the IS. Further actions coordinating the delineation will be completed while permitting the project. Cultural and Paleontological Resources. The purpose of the project's cultural and paleontological studies will be to comply with applicable laws, notably the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA). Because compliance with NHPA is accepted by the State as evidence of CEQA compliance, our approach will be to implement the consultation process specified in the NHPA regulations (36 CFR 800) by following the detailed guidance set forth in Caltrans' Standard Environmental Reference, Vol. 2: Cultural (SER). This will also result in NEPA compliance with respect to cultural and paleontological resources. Because the Federal Highway Administration (FHWA) has delegated to Caltrans its responsibilities for compliance with NHPA Section 106 as it pertains to administration of the Federal -Aid Highway Program in California, notably the Federal Bridge Replacement Program, our performance of the work specified in the SER will ensure that Caltrans, and thus FHWA, fully meets its obligations under NHPA and NEPA with regard to the project's potentially significant cultural and paleontological resources. Upon award of the contract and in coordination with Caltrans District 8 Professionally Qualified Staff (PQS) and the District Local Assistance Engineer, we will define the project's Area of Potential Effects (APE) for paleontological, archaeological, and built environment resources and prepare a draft APE map for Caltrans approval. Page 5 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Archival and library research will also be completed to determine the existence of previously recorded cultural and paleontological resources within the project boundaries plus a one mile radius of the proposed project site. Records pertaining to paleontology will be searched at the Department of Earth Sciences, San Bernardino County Museum and in published sources. In addition, geological maps and paleontological literature will be reviewed. Records and historical maps pertaining to archaeology and history will be searched at the Eastern Information Center, housed at the University of California, Riverside. A record search for sacred lands will be requested from the Native American Heritage Commission. In addition, we will send subsequent letters to all Native Americans the Commission recommends be contacted to ascertain if known Native American archaeological resources are present within or immediately adjacent to the proposed project site. Likewise, local historic preservation groups will also be contacted by letter to solicit any information regarding historical properties within or immediately adjacent to the proposed project site. This background research will be required to provide brief contexts for evaluating potentially significant cultural and paleontological resources that may be affected by the proposed project. An intensive field survey of the project APE will be completed and all potentially significant archaeological, historical, and/or architectural properties will be fully documented on the appropriate State of California Department of Parks and Recreation Site Record Forms. Any cultural resources observed will be photo documented and their location recorded using a high resolution GPS device (Trimble). Two people can complete the survey in one day including travel. In accordance with Caltrans' SER, deliverables at the completion of our studies will be a Historic Properties Survey Report (HPSR) with an appended Archaeological Survey Report (ASR). A combined Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER) will also be prepared as part of the project. Project -specific mitigation pertaining to cultural and paleontological resources will also be recommended as appropriate in the HPSR and PIR/PER. Finally, and in consultation with Caltrans District 8 PQS and the State Historic Preservation Officer (SHPO), a Finding of Effect (FoE) report will be prepared which will Concur on No Effect, No Adverse Effect with Standard Conditions. Deliverables: • Draft HPSR, Draft ASR, and Draft PIR • Final HPSR, Final ASR, and Final PIR • Comments will be addressed until final approvals are obtained Air Quality Report. Consultant will prepare an air quality analysis per Caltrans and the South Coast Air Quality Management District's (SCAQMD) CEQA regulations for the Salton Sea Air Basin (SSAB), NEPA, CEQA, and FHWA requirements and guidelines, as well as consultation with Caltrans staff. The following outlines the analysis that will be prepared for inclusion into the air quality technical study: Carbon Monoxide Screening. At the local level, Carbon Monoxide (CO) concentrations will be analyzed per the methodology contained within the Transportation Project Level Carbon Monoxide Protocol (UCD-LTS-RR-97-21) developed by the Institute of Transportation Studies. Particulate Matter Hot Spots. As of March 10, 2006, future qualitative PM2.5and PM10 hot -spot analyses should be based on the Transportation Conformity Guidance for Qualitative Hot -Spot Analyses in PM2 5 and PM10 Nonattainment and Maintenance Areas, which was adopted on March Page 6 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 2006. The PM10 Interagency Consultation Form will be prepared and submitted to the Southern California Association of Governments Transportation Conformity Working Group. The findings of the interagency consultation will be documented in the Air Quality Report. Mobile Source Air Toxics (MSAT). Given the emerging state of the science and of project -level analysis techniques, there are no established criteria for determining when MSAT emissions should be considered a significant issue. Consultant will utilize the FHWA tiered approach for analyzing MSATS. The MSAT analysis will address benzene, formaldehyde, acetaldehyde, diesel particulate matter/diesel exhaust organic gases, acrolein, and 1,3-butadiene. Air Quality Management Plan Consistency. A review of the project's consistency with the Southern California Association of Governments Regional Transportation Plan will be performed to verify if the project meets Federal Conformity requirements as set forth by the Clean Air Act Amendments. An examination of the projects regional impacts will be provided in the Technical Air Quality Assessment. Construction Emissions. Air quality impacts from grading and construction sources will include the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. Consultant will qualitatively evaluate the construction emissions commensurate with available project -specific information. Standard measures for construction activities recommended by the SCAQMD will be identified and incorporated as part of the project's standard conditions. Additionally, the analysis will address Caltrans Standard Specifications for Construction. Naturally Occurrina Asbestos. Consultant will qualitatively assess naturally occurring asbestos based upon a review of the United States Geologic Survey (USGS) Preliminary Geological Map. The review will determine whether the site is underlain by Serpentine and Peridotite deposits. FHWA Conformity. In August 2007 the California Department of Transportation (Caltrans) began requiring a specialized Federal Conformity Analysis and Checklist for all projects, which had Federal funding or involvement. Based on this new submittal requirement, consultant will complete the Conformity Analysis Documentation and prepare additional air quality documentation for submittal to FHWA. Pursuant to recent guidance from FHWA and Caltrans, separate air quality documentation is required for FHWA review and approval. Additionally, FHWA requires a separate standalone Air Quality Assessment document, focusing only on conformity provisions of the Clean Air Act Amendments (CAAA). The additional FHWA documentation includes the Conformity Analysis checklist, which highlights criteria from the Code of Federal Regulations (40 CFR 93.102 through 93.123) and US DOT and EPA Guidance. Pursuant to the State Assumption of Responsibilities section of the Environmental Streamlining Act (Section 6005) of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFTEA-LU) the following issue areas will be addressed within the Conformity Analysis Documentation Checklist and standalone report: Page 7 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Document the applicable pollutants and precursors for which EPA designates the area as nonattainment or maintenance. Describe the nonattainment or maintenance area and its boundaries. • Document whether a new conformity determination is required; • Document which conformity criteria apply based on the proposed action, relevant pollutants, and the status of the implementation plan; • In CO, PM10, and PM2.5 nonattainment and maintenance areas, document that the hot - spot test required by 93.116(a) and, as applicable, 93.11(b) are satisfied; • Document the use of latest planning assumptions (source and year) at the "time the conformity analysis begins," including current and future population, employment, travel and congestion; • Document the use of the most recent available vehicle registration data; • Document assumptions for current and future background air quality concentrations; • Document the use of the latest emissions model approved by EPA; • Document fulfillment of the interagency and public consultation requirements outlined in a specific implementation plan according to §51.390; • Include documentation of consultation on conformity tests and methodologies; • Document the name of the currently conforming RTP and RTIP and the date of the FHWA/FTA conformity determination on those documents; • Document that the project is included in the regional emissions analysis for the RTP and RTIP and that the project's design concept and scope have not changed significantly; • Document that the project does not cause or contribute to any new localized particulate matter or CO violations or increase the frequency of an existing violation during the timeframe of the transportation plan (or regional emissions analysis). For particulate matter non -attainment or maintenance areas, document whether the project was determined, through interagency consultation, to be a "project of air quality concern" per §93.123(b)(1); • Document that the project eliminates or reduces the severity and number of localized CO violations in the areas substantially affected by the project; • Document that the project complies with any PM10 or PM2.5 control measures in the applicable attainment plan; • Document how the required procedures, including the Project -Level Carbon Monoxide Protocol, were met for CO hot -spot analyses; • Document that the assumptions used in the hot -spot analyses are consistent with those used in the regional emissions analysis; • Include written commitments, consistent with §93.125 or an approved conformity SIP, for mitigation or control measures assumed in the hot -spot analysis; and • Document the length of the project construction period and whether or not construction emissions were considered in the hot -spot analysis. Consultant will evaluate the proposed project's impacts to long-term mobile source air toxics (MSAT) using the Interim Guidelines on Air Toxic Analysis in NEPA Documents (FHWA, February 2006). In addition, Consultant will discuss the proposed project's impact on global warming and climate change. Construction would occur during implementation of the proposed project. Air quality impacts from demolition, grading, and construction sources will be analyzed based on the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), equipment emission factors approved by the EPA (AP-42 Handbooks), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment Page 8 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" travel will be calculated based on available information regarding these activities. Fugitive dust (PM2.5 and PM10) emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. Emissions associated with asphalt paving will be calculated when specific data are available. Emission factors included in the SCAQMD's CEQA Air Quality Handbook will be used for construction dust emission estimates. These emissions will be calculated based on construction information available and provided to Consultant. Deliverables: • Draft AQR • Final AQR • Comments will be addressed until final approvals are obtained Noise Impact Analysis. Consultant will prepare a Noise Impact Analysis assessing the project's potential effects on existing and future noise conditions. Consultant will review applicable State (Caltrans), City of La Quinta (City), and land use compatibility criteria for the project area. Noise standards regulating impacts, including the Caltrans Noise Abatement Criteria (NAC); standards included in the City Noise Ordinances will be discussed for land uses adjacent to the project. Using land use information, aerial photographs, and field reconnaissance, Consultant will identify areas with potential future noise impacts and will include a discussion of any existing sensitive uses in the project vicinity. Existing roadway traffic noise will be calculated as baseline conditions, using traffic data included in the traffic study for the proposed project. Construction Noise Impacts. Construction would occur during implementation of the proposed project. Consultant will analyze noise impacts from construction sources based on the equipment expected to be used, length of specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percent of time in use. EPA -recommended noise emission levels will be used for the construction equipment. The construction noise impacts will be evaluated in terms of maximum noise levels (dba Lm�), and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City. Initial Site Assessment (ISA). Consultant will prepare a Hazardous Waste Initial Site Assessment (ISA) in accordance with Caltrans guidelines and in general accordance with the American Society of Testing and Materials (ASTM) Designation E 1597-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as part of this evaluation: Consultant will conduct an agency records database search to identify hazardous waste sites located within and in the vicinity of the study area and classified as hazardous waste under State law. The records search will also identify business types located within and in the vicinity of the study area that store, transfer, or use large quantities of hazardous materials. This information will be obtained from records maintained by federal, State and local agencies. Consultant will utilize a database service to perform this search. Historic land use information for the study area will be reviewed to determine whether previous uses in the project area may have resulted in hazardous waste contamination. This information may include historic aerial photographs, historic USGS maps, Sanborn Fire Insurance Maps, Oil and Gas maps, groundwater depth/flow data, City directories, County Assessor's data, and building permits. Page 9 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Consultant will conduct a visual survey of the study area via public right-of-way to identify any obvious areas of hazardous waste contamination. If hazardous waste sites are identified within the study area (via governmental records and/or the visual survey), Consultant will review available public records for up to three parcels at the appropriate oversight agency to determine the potential impact to the project. Consultant will prepare a report that presents findings and recommendations based on the site survey and historical records review. This scope of work does not include review of private records or interviews with private property owners. Land Use and Community Impact Assessment. Consultant will prepare a Community Impact Assessment (CIA) in accordance with the guidelines found in the FHWA Technical Advisory T6640.8a and Caltrans Community Impact Assessment Handbook (1997). Based on the scope of the project as presented in the RFP, relevant discussions of socioeconomic impacts might be included in the IS without a separate report. The CIA will evaluate the proposed project's socioeconomic impacts utilizing current demographics and current assessor parcel information and complying with guidelines provided in the Caltrans community impact assessment handbook (June 1997). The CIA will provide a description of existing land use, housing, employment, and population conditions near the project site. The discussion of socioeconomic impacts shall address the potential impacts on the residential population and local business community, including land use compatibility, neighborhood cohesion, tax revenue loss, and employment impacts. Socioeconomic impacts are anticipated to be minor considering the nature of the proposed property acquisitions. The CIA shall also address the project's consistency with relevant local, regional, and state regulations and plans. The CIA will also address environmental justice considerations. A summary will be included identifying the conclusions of the draft relocation impact statement. Recommendations to avoid, minimize, or mitigate potential socioeconomic impacts shall be identified where feasible. Deliverables: • Draft CIA • Final CIA • Comments will be addressed until final approvals are obtained Water Quality Assessment (WQA). Consultant will prepare a Water Quality Assessment (WQA) for the proposed project. The study will: (1) identify the sources of sediment and other pollutants affect the quality of storm water discharges and (2) to describe practices to reduce sediment and other pollutants in stormwater discharges generated from the construction site. Standard control measures will be recommended. The WQA will provide a preliminary broad overview of available methods to reduce sediment, pollutants, and other construction related debris from impacting stormwater quality. Deliverables: • Draft WQA • Final WQA • Comments will be addressed until final approvals are obtained Traffic Technical Memo Analysis. Consultant will conduct a traffic analysis for the Dune Palms bridge improvements. Consultant will collect AM and PM peak hour intersection counts and will collect 24 hour traffic counts. Based on the traffic data, level -of -service calculations will be Page 10 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" generated for the intersections existing and future average daily trips (ADTS) will be generated. The Dune Palms bridge improvements are not capacity increasing, therefore no traffic mitigation is anticipated and a traffic technical memo is expected to adequate. Deliverables: • Draft Traffic Technical Memo • Final Traffic Technical Memo • Comments will be addressed until final approvals are obtained Visual Technical Memo. A Visual Technical Memo (VTM) should be considered for every project that has the potential to change the 'visual' environment. The level of assessment for the VTM can range from "no formal analysis" to a 'complex analysis" and is determined by many factors such as: numbers of viewer groups affected; existence of scenic resources; degree and totality of the proposed changes in the visual environment; local concerns or project controversy; and cumulative impacts along the transportation corridor. In order to establish the need and level of study for a VTM, a preliminary evaluation is performed to determine if the project will cause any physical changes to the environment. Projects that replace or rehabilitate existing facilities (e.g., pavement overlay, striping, sign replacement), and do not constitute a change in character to those facilities, will not require a formal analysis. This preliminary evaluation includes activities such as conducting a site visit to inventory the scenic resources of the project site, estimating potential changes to that character, and identifying viewer groups and public concerns or opposition to the proposal. The intent of the screening is to formally document that a full VIA is not required for the project or to utilize the screening analysis as the scenic resource evaluation should no scenic resources be identified. The Consultant team has had significant success with this approach on projects similar in scope; however, this approach is ultimately subject to approval by the Department. Deliverables: • Draft VTM • Final VTM • Comments will be addressed until final approvals are obtained Floodplain Encroachment Report Summary Floodplain Evaluation Report will be prepared based on the findings of the local hydraulic study and the hydraulic modeling of the proposed project. The report will detail the project description; alternatives to encroachment; impacts of the project on incompatible development; impacts of the project on natural and beneficial floodplain values; and measures to minimize floodplain impacts. This report will be prepared using the Summary Floodplain Encroachment Report format provided in the Caltrans Standard Environmental Reference (SER). Deliverables: • Draft Floodplain Evaluation Report • Final Floodplain Evaluation Report • Comments will be addressed until final approvals are obtained Task 2.5: Categorical Exclusion/Initial Study Page 11 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Draft Preliminary Environmental Evaluation. Working in consultation with the relevant agencies, Consultant will prepare a draft statement of NEPA purpose and need, along with the CEQA Project Objectives. In cooperation with the agencies and the project engineer, Consultant will use the project description for each of the alternatives to be considered to meet the purpose and need. The establishment of purpose and need along with the project description are critical to the success of the project. The purpose and need/project objectives will require approval by the City and Caltrans. This scope of work is based upon a no -build and one build alternative. Consultant will prepare separate environmental documents for CEQA and NEPA compliance. A Categorical Exclusion (CE) per Caltrans and FHWA guidelines and an Initial Study (IS) per the City of La Quints; its format will be determined in discussions with the agencies. Final Preliminary Environmental Evaluation. Consultant will incorporate the City and Caltrans comments into the Environmental Evaluation. Screencheck Draft Environmental Document. Consultant will incorporate the purpose and need/project description from prior task(s) and the technical studies into the screencheck document. Based upon available data, Consultant will prepare sections for land use, public safety, public services, recreation, and utilities. Consultant will rely on Consultant's engineering support to obtain the geotechnical and hydrology along with their biologist information. The separate CE and IS will determine the following: • Whether the project will have any significant adverse effects on the environment under both State and federal standards • What potential mitigation measures are appropriate for such impacts • Whether the mitigation measures reduce all impacts below a level of significance Consultant will provide the Screencheck of the IS to agencies for review and comment, then revise it in response to the agencies' comments; then, a revised Screencheck IS will be provided to the agencies for review and comment, and it will be revised again in response to the agencies' comments. Draft Environmental Document. Based on the previous task, Consultant will draft the IS for public review. The critical objective of the IS will be to provide the general public and responsible agencies with the means to participate in the environmental process via written comments on issues addressed in the IS. Consultant will prepare the requisite public notices under State and federal law for distribution of the IS. Consultant will prepare the requisite number of copies of the document itself, accompanied by its technical documents; most copies likely will be in a CD format. Consultant will coordinate the preparation of the distribution list with the City and Caltrans, and the firm assumes that the agencies will distribute the document. Page 12 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Responses to Comments. At the close of the public review period for the IS, Consultant would meet with City staff to review any received comments on the IS and to discuss potential responses to these comments. Then, Consultant would formulate responses to the comments and submit the response document to the agencies for review and comment. The agencies' comments will be in- corporated into the Response to Comments document, which will be submitted to City as an appendix to the IS. Consultant would also prepare the draft Mitigated Negative Declaration (MND) Sheet for attachment to the IS. Mitigation Monitoring Program/Environmental Commitments Record. Prior to Caltrans and City approval of the proposed project, Consultant will prepare a mitigation monitoring plan/environmental commitments record, including monitoring forms, to assist the City in implementing the mitigation measures contained in the MND. Final Administrative Record. Prior to Caltrans action on the CE and City action on the MND, Consultant will assist the City and Caltrans to prepare appropriate findings and the Administrative Record. Final Environmental Process. Following public review of the IS, a Mitigated Negative Declaration (MND) will be prepared by Consultant. The final steps in the NEPA process are dependent on Caltrans/FHWA procedures and any agreements with the cooperating agencies. The most likely outcome is the preparation of a CE. Consultant has included a lump sum budget amount for the completion of the federal process that would include preparation of the Environmental Commitments Record for Caltrans use. Deliverables: • Screencheck Draft IS/MND • Final Draft IS/MND • Copies for IS/MND Public Review (Assumed up to 65 copies) • FinalIS/MND Task 3: Utility Coordination Consultant will review existing utility data available from the City and utility owners surrounding the project area. Utility Outreach. Early in the project, immediately following the Kick -Off Meeting, Consultant will prepare Utility Information Request letters to be sent to various utility companies, along with the base plans, requesting the utility facility maps ("Atlas Maps" and Record drawings) and needs to accommodate future utility within the project limits. The initial outreach to the Utility Companies will also request any prior rights information each utility may have in the project corridor. This information will be used to prepare the Right of Way Exhibit that will be used to certify the Right of Way through Caltrans. Utility Verification Letters and Conflict Identification. Consultant will write Utility Verification letters requesting final verification to clearly identify conflicts with the proposed design. Utility Potholing and Data Collection. Consultant will show the location of utilities which will require potholing, if any, on the utility sheets and prepare an exhibit for use to identify utility status within the project area. Consultant will coordinate the potholing requirements with City Staff based upon this exhibit. Final utility status will be compiled into a basemap for use throughout the project. At this time the Consultant anticipates up to six potholes will be provided for the project. Page 13 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Utility Coordination Documentation. From the start of the project, all utility information including project contacts, correspondence dates, meeting minutes and other coordination will be maintained in a three ring binder. The first sheet on the inside cover will contain a matrix of each utility company, contact name, and dates of milestone coordination efforts. A copy of the final utility coordination binder will be provided to the City at the project bidding phase of the project. Deliverables: • Utility company correspondence log and maps • Utility basemap • Utility pothole exhibit • Utility Coordination Binder Task 4: T000araohic Base Mapping. Consultant will utilize the City provided aerial mapping of the proposed project) along Dune Palms Road. The Consultant will obtain aerial topographic data along the CVSWC 1,500 feet up and downstream of the proposed bridge crossing which will be used in the analysis of the channel hydraulics and merge this data with the City provided Dune Palm topo file. Consultant shall obtain additional roadway topography to include features within the Right of Way and beyond to locate existing facilities, including but not limited to existing utility manholes, valves and above ground structures, and top of any manhole cone, rim and invert elevations, obscured areas, other hard scape features that may be affected by the new roadway construction limits. In addition, Consultant will also provide field surveying to obtain accurate elevations on the existing top of curb and gutter for use in verifying or redefining the profile of Dune Palms. Additionally, field topographic data collection will obtain data to provide adequate information for runoff and drainage analysis, provide ample detail and range for detailed design and quantity estimating, and conduct appropriate hydrology studies. Deliverable: • Topographic base mapping Task 5: Geotechnical Studies. Consultant will provide geotechnical engineering (including geotechnical seismic design) services for the subject. The scope of work for our geotechnical services will be developed and executed in accordance with procedures included in Exhibit 11-C, Foundation Investigation for Design (of Bridge Structures) of the current Caltrans Local Assistance Procedure Manual (LAPM). Geotechnical engineering services will be provided in accordance with Caltrans' current policy, procedures, standards and specification documents, including but not limited to: • AASHTO LRFD Bridge Design Specifications, 4th Edition (2007) with Caltrans California Amendments. • Seismic Design Criteria (2013) • AASHTO Guide Specifications for LRFD Seismic Bridge Design. 2nd Edition with 2012 and 2014 Interim Revision. • Bridge Memo to Designers MTDs, specifically 1-35, 4-1 and 3-1 • Corrosion Guideline (2012), 2"° Edition • Caltrans Soil and Rock Logging, Classification, and Presentation Manual (2010) • Foundation Report Preparation for Bridges Page 14 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Caltrans ARS Online (v2.2.06) Where necessary, Consultant will supplement Caltrans procedures with the applicable AASHTO, ASTM, FHWA and NCHRP guidelines, procedures and standards. Per Caltrans MTD 1-35Consultant will prepare the following geotechnical reports for this project: • A Structure Preliminary Geotechnical Report (SPGR) • A Preliminary Foundation Report (PFR), and • A Foundation Report (FIR) Based on the Request for Proposal (RFP), Caltrans Work Breakdown Structure (WBS) and the MTD 1-35, the following geotechnical reports will be prepared during this phase of the project planning and design: • A Structure Preliminary Geotechnical Report (SPGR), and • A Preliminary Foundation Report (PFR) Structure Preliminary Geotechnical Report (SPGR). The SPGR will be prepared to aid in the completion of the PA&ED and the Advanced Planning Study Report. The SPGR will include, but not limited to, the following initial geologic and geotechnical conditions assessment information: • Subsurface conditions • Geologic hazards • Seismic Information -Fault rupture potential -Design Peak Bedrock Acceleration (PBA) - Design earthquake magnitude (M) -Soil Profile Type -Potential for liquefaction, lateral spreading and other secondary seismic hazards • Feasible foundation type(s) for site • Potential construction issues • Initial corrosion evaluation • Identification of potential for Foundation Load Test(s) The SPGR wilt be prepared based on review of the initial project requirements, site reconnaissance visits, collection and review of relevant and available existing geologic and geotechnical information for nearby improvements, specifically the nearby Adams Street Bridge. Site Geotechnical Exploration. The subsurface exploration will include: (a) development of a site exploration plan, (b) marking exploration locations at the field and clearing with the Underground Service Alert and obtaining necessary permit(s), (c) field exploration, and (d) laboratory testing. Field Exploration. Proposed field exploration consisted of drilling five (5) exploratory borings. Three (3) exploratory borings will be drilled to depths of 100 to 120 feet below existing grade, unless refusal is encountered at shallower depths. The two (2) additional borings will investigate the soils below the bridge approaches and each will be drilled to a depth of forty feet (40') below grade. Field exploration will include Standard Penetration Testing (SPT) and collection of samples utilizing a California Modified sampler from selected depths; generally at 5 foot intervals for the upper 50 to Page 15 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 100 feet, and 10 to 20 foot intervals below depending on the soil types and groundwater conditions (if any) encountered during drilling. The borings will be logged by an Engineering Geologist and both disturbed and undisturbed representative soil samples will be collected and transported to the laboratory for testing. Laboratory Testing. Consultant will develop a laboratory test plan based on the project need and the site -specific subsurface conditions. These tests may include, but not limited to: • Moisture -Density tests • Sieve analysis and hydrometer tests • Atterberg Limits tests • Compaction test • Direct shear tests • Consolidation test • Triaxial tests • Soil corrosion tests • Soil Collapse test • Soil Expansion tests • Sand Equivalent test • R-value tests All tests will be performed in accordance with the applicable State of California, ASTM and/or AASHTO Standard Test Methods. Adequate number of representative samples will be tested; results analyses will be interpreted for uses in the analysis and design, and incorporated in the Foundation Report that will be prepared during Phase II. Preliminary Foundation Report (PFR). The PFR will be prepared to aid in the preparation of the Bridge Type Selection Report with General Plan and Foundation Plan, the channel hydraulic analysis report, and the preliminary street plan and profile (35% level). The PFR will be prepared based on site -specific geotechnical exploration, which will include, but not limited to: • Subsurface conditions, including groundwater • Geologic hazards • Seismic Information -Fault rupture potential -Design Peak Bedrock Acceleration (PBA) -Design earthquake magnitude (M) -Soil Profile Type -Recommended preliminary ARS curve -Potential for liquefaction, seismic settlement, lateral spreading, slope failures or landslides and other secondary seismic hazards • Appropriate foundation type (s) for site • Recommended foundation type(s) • Foundation constructability • Corrosion and/or hazardous waste evaluation Deliverables: Page 16 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Structure Preliminary Geotechnical Report (SPGR) with the PSR • Preliminary Foundation Recommendations Report (PFR) with the Type Selection Report Task 6: Location Hydraulic Study The information developed for the Hydrology and Hydraulics Study will be used to prepare the Location Hydraulic Study of the project. The information will be presented in a specific tabular form and will be used in the environmental document. Guide Lines for the Location Hydraulic Study: When a floodplain encroachment is anticipated, the Department or local agency prepares a Location Hydraulic Study (LHS). The LHS (same as Figure 804.7A Technical Information for Location Hydraulic Study located in Chapter 804 of the Highway Design Manual) is a preliminary study of base floodplain encroachments and must be performed by a registered engineer with hydraulic expertise. If an increase in the base floodplain elevation (BFE) is anticipated, a hydraulic computer model must be run to determine the amount of increase in order to determine the floodplain encroachment impacts. CVWD's design standard for the Coachella Valley Stormwater Channel (CVSWC) is the Specific Project Flood (SPF) of 82,000 W/sec, which is considerably higher than the FEMA 100-yr Flood flow of 39,000 W/sec. The minimum required content of the Location Hydraulic Study is prescribed in 23 CFR 650A, Section 650.111(b)(c)(d) and it must include the following: a) National Flood Insurance Program (NFIP) maps or information developed by the highway agency, if NFIP maps are not available, are used to determine whether a highway location alternative will include an encroachment. b) Evaluation and discussion of the practicability of alternatives to any longitudinal encroachments. c) Discussion of the following items, commensurate with the significance of the risk or environmental impact, for all alternatives containing encroachments and for those actions which would support base floodplain development: 1. The risks associated with implementation of the action. 2. The impacts on natural and beneficial floodplain values. 3. The support of probable incompatible floodplain development. 4. The measures to minimize floodplain impacts associated with the action, and 5. The measures to restore and preserve the natural and beneficial floodplain values impacted by the action. 6. Location studies must include evaluation and discussion of the practicability of alternatives to any significant encroachments or any support of incompatible floodplain development. 7. The studies required by Sec. 650.111 (c) and (d) must be summarized in environmental review documents prepared pursuant to 23 CFR part 771. Page 17 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Local, state, and federal water resources and floodplain management agencies should be consulted to determine if the proposed highway action is consistent with existing watershed and floodplain management programs and to obtain current information on development and proposed actions in the affected watershed. Deliverable: • Location Hydraulic Study Task 7: Channel Hvdrologv and Hydraulics Study As part of the project development process, where the bridge is crossing over a waterway, a detailed analysis of the floodplains is necessary to properly plan and prepare for potential flooding conditions. Consultant will prepare the draft Hydrologic and Hydraulic Study for the project per CVWD's Development Design Manual, accepted principles outlined by FEMA, and the district standard for the SPF. • Discharge Estimate • Defining Study Reach • Duplicate Effective Model • Corrective Effective Model • Existing or Pre -Project Effective Model • Proposed or Post Condition Model • Recommendation for Bridge Profile • Recommendation of Bank Protection and Scour Measures Consultant will review the information available to the City pertaining to the previous studies done for the CVSWC regarding design discharge, scour potential, channel capacity improvement plan, channel historical maintenance log. The channel Hydrologic and Hydraulic Study shall be standalone specific to the bridge. The information provided in the study will be vital to the successful performance of the entire project and source of key information for urban development. A "baseline" hydraulic model will be developed utilizing HEC-2 or HEC-RAS, which is representative of the existing channel configuration. The existing hydraulic model will establish the baseline hydraulic parameters which are representative of the average channel characteristics. Geometric data for the floodplain analysis will be based upon digital topographic mapping and supplemented with field surveyed cross sections. Deliverable: • Hydrologic and Hydraulic Study Task 8: General Plan and Bridge Type Selection Report Consultant will prepare the draft bridge General Plan and Draft Structure Type Selection (STS) Report. The Structure Type Selection Report will be developed to present design features of the bridge in a format similar to Caltrans' Memo to Designers, Section 1-29. The consultant will perform calculations to determine structure foundations and dimensions. The report will focus on critical design constraints, assumptions, costs, hydraulics, and foundation recommendations. The final Bridge Type Selection report will be submitted for review and authorization to proceed to final design. The STS report will review and analyze the overall bridge Page 18 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" construction staging for the project, i.e. one bridge section or the full bridge built one half at a time. The Consultant will provide a review copy of the General Plan and Bridge Type Selection Report to the City. Following receipt of any comments, Consultant shall submit revised STS Report to Caltrans for review and concurrence. Deliverables: • Bridge Type Selection Report (Draft and Final) • Foundation Plan Task 9: Preliminary Desian Plans Consultant will prepare the Preliminary Design Plans depicting the geometry of the proposed roadway. The 35% plans will be prepared over the topographic base mapping. We anticipate the Roadway Plans will include the following: • Title Sheet • Typical Cross Sections: Dune Palms Road & CV Link • Plan and Profile of Dune Palms Road • Plan and Profile Concept of CV Link path connections • Wall Plan and Profile (Abut 1, west side) • Conceptual Striping • Utility Plan (Existing Utilities) Consultant will prepare plans at 40 scale (1"=40') where applicable. Signing and Striping Plans will include all new/existing signs and striping, pavement markings, pavement legends, sign and striping removals. At the project limits, Consultant will reference in existing striping based on topographic information and field review. Consultant shall prepare Right of Way exhibits depicting the ownership of the lands within and surrounding the proposed project corridor. These exhibits will be used during the Right of Way Certification process as well as assisting in the determination of prior rights with all utility companies. Deliverable: • 35% Plans (3 copies for City Review) • Right of Way Exhibits Task 10: Preliminary Engineer's Estimate. Consultant will prepare a preliminary cost estimate of the proposed improvements based upon the approved preliminary design plans, the Bridge Type Selection Report, utilizing the current edition of the Caltrans Contract Cost Data Book for unit costs. The preliminary cost estimate will include construction items, utility relocations, right-of-way, and water quality measures. Deliverable: • Preliminary Engineer's Estimate Task 11: Preliminary Right of Way Cost Study. The proposed bridge improvement design may properties surrounding the project site. require the acquisition or partial acquisition of Page 19 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" The Right of Way cost study will analyze the costs of the acquisitions from the affected parcels considering the value of the land and improvements being acquired, whether the take will be a full or partial take, and it will evaluate any severance damage and relocation costs that might be caused by the proposed improvements. The project cost study will estimate the probable costs of the real estate and associated damages, the relocation exposure, business damages and goodwill exposure, and the myriad of incidental costs that will be encountered along the project. At the 35% Plan stage, Consultant will ascertain all relevant design plans available for review of project impacts and coordinate with Project Design Team to review impacts and confirm impact assumptions. The Scope of Work for the Cost Study includes: 1. Consultant will physically view each site and record appropriate data. 2. Online data of individual properties will be incorporated into field research, where necessary. 3. Field research data will be integrated into appropriate Consultant cost estimating formats. 4. Consultant Field Agent and Property Analysts will meet to discuss data and draw impact conclusions and property remediation strategies. These initial property conclusions and strategies will be reported to Design Team to consider opportunities for creative problem - solving either in design or property remediation strategies. 5. Once property remediation and design assumptions are finalized and property impact conclusions are confirmed, data is finalized into the approved cost estimating formats. The scope of work will be performed and delivered in a report containing a textual description of the project areas studied; a summary of total probable costs of the study area itemized by major component, and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets contain a parcel -by -parcel breakdown of all probable costs. In the event that the acquisition program is to be phased or determined to be implemented at a future date, formulized spreadsheets will be created which apply the appropriate cost escalation factors to reflect the projected schedule. The final cost information determined from the spreadsheet accumulation of data will then be transferred into the appropriate format for application to the Right of Way Data Sheets or other format required by the project. Deliverable: • Cost Estimate Worksheet for RNV Phase 2 — Final Design Task 1: Project Management. The consultant will manage the project by tracking the schedule, budget and value of the products produced. Work will include: • Continuous coordination with stakeholders such as the City, Caltrans, Coachella Valley Water District, Private and Public Utilities, etc. • Budget preparation for each task and milestone tracking for the project • Monthly expenditure report preparation by task and milestone for the project • Project schedule planning including milestones, project activities and deliverables • Monthly progress reports accompanied by an invoice Page 20 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Lead monthly project status meeting • Attend public outreach meetings • Preparation of a Project Management Plan • Monitoring critical path items of the project in a proactive manner • Monitor long lead items such as CVWD coordination, Utility Relocations, RW acquisition and City review process Our team will use the same approach as indicated in Phase 1, Task 1 to ensure project success and ultimate delivery. Deliverables: Meeting Agenda, Exhibits, Deliverables Log, and updated project schedules Task 2: Environmental Permitting. Consultant will obtain all necessary environmental (regulatory) permits for the project within the CVSWC. Consultant will prepare and process applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 401 permits are under the regulatory authority of the RWQCB; Section 401 certifications are under the U.S. Army Corps of Engineers (Corps); Section 1602 Agreements are under the California Department of Fish and Game (CDFG). Section 7 Consultation falls under the regulatory authority of the U.S. Fish and Wildlife Service (USFWS). Consultant shall provide to the City and and permitting agencies required number of hard copies and PDF copy of all permits, studies and documents required for review, submittal and for project files. This scope is based upon the assumption that the project will qualify for a Corps Nationwide Permit. Under the Nationwide Permit (NWP) program, no individual crossing (or multiple crossings of a single watercourse) may exceed 0.5 acres of temporary or permanent impact. Based on a preliminary field review, Consultant believes that the project would qualify for an NWP. The firm's permitting services include the following: Coordination with Project Team. Consultant will coordinate with members of the project team to review the anticipated permitting approach, discuss and identify any additional information needs, and review the projected permitting schedules, mainly via telephone, mail, and fax, but up to six team meetings also will be required. Objectives of the coordination will include identifying feasible mitigation options and preparing for initial and final coordination with regulatory agencies. Consultant will arrange meetings, prepare agendas and distribute minutes and other relevant materials. Initial Coordination with Regulatory Agencies. Consultant will schedule, arrange, and prepare any necessary materials for a pre -application consultation with the involved agencies to describe the proposed project, discuss permitting approach, and identify potential mitigation options. Consultant will arrange meetings with representatives of the Corps and RWQCB. Consultant will summarize and document the results of agency coordination and will submit this information in a letter to the respective agencies, with copies to project team members. Permit Applications. Based on the results of the jurisdictional determination and the outcome of the initial coordination with the involved agencies, Consultant will prepare and submit the necessary permit application materials. Consultant anticipates the following actions: The Corps will provide Section 404 authorization under a NWP. The RWQCB will issue Section 401 Water Quality Certification. Page 21 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • The CDFG will issue a 1602 Agreement. Note: The removal of the existing low water crossing in the channel, the construction of a bridge and the removal of the existing fill materials will have a positive benefit to Waters of the United States. Section 401 Certification Application. Consultant will prepare permit applications accordingly. Each application packet will be reviewed with the project team, and any required changes will be made prior to submittal to the respective agencies. The permit application materials will include the following: • The jurisdictional delineation completed by Consultant. • An Nationwide Permit Application, including a cover letter to the Corps, an explanation of the project, description of impacts, site plans, graphics, and an Alternatives Analysis. • A preliminary mitigation and monitoring plan based on Corps guidelines, including information on mitigating on -site impacts to replace jurisdictional areas that will be lost and areas that will return Corps jurisdiction. • A final mitigation plan to be prepared and submitted following Corps review of the application packet, incorporating appropriate conditions based on the agency review and comment. • Complete copies of the Section 401 application will be included. • All necessary graphics and other supporting materials, using existing materials wherever feasible, in order to minimize costs. Section 401 Water Quality Certification Application. Consultant will prepare written correspondence requesting water quality certification including the following materials: • Information prepared for the 404 application used to provide a complete project description, including the purpose, location, total site acreage, types of water bodies within the site, and total acres of waters of the U.S. • An assessment of water quality impacts addressing types of fill material to be discharged, impacts to beneficial uses of the water body, and any expected water diversions • A complete copy of the Section 404 application • A copy of the final environmental document for the project, including the certification of the final document • Other appropriate material as may be required by the RWQCB • Coordination with the project's civil engineer, to ensure that the proposed project does not result in an increase in the volume of runoff to be discharged from the site and to ensure that all runoff from developed surfaces is treated for water quality purposes before it is discharged from the site. Section 1600 Et Seq. Streambed Alteration Notification. Consultant will submit the following materials to the CDFG: • A standard CDFG Notification of Lake or Streambed Alteration form executed by the client • A CDFG Lake and Streambed Alteration Program —Project Questionnaire • A copy of the report on the delineation of wetlands and jurisdictional waters prepared for the 404 application • A copy of the Section 404 application to the Corps • A copy of the preliminary mitigation and monitoring plan prepared for the 404 • A copy of the Section 401 application to the RWQCB • A copy of the final environmental (CEQA) document for the project Page 22 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Appropriate plans, exhibits, and maps Filing fee to be provided by the City based on the cost of the portion of the project that requires a Streambed Alteration Agreement (i.e., the portion of the project where the road crosses the streambed) Follow -Up Coordination. Consultation and coordination will be required among the applicant, project team, and involved regulatory agencies during the review of application materials. Following submittal of the applications, Consultant will coordinate with the involved regulatory agencies to respond to agency questions and submit any additional information that may be requested. We have assumed that coordination will take place primarily by telephone, fax, and mail. The proposed schedule and cost estimate includes attendance at three meetings. During this process, Consultant will coordinate closely with the project team with regard to any agency concerns, questions, or request for additional materials that may arise. Deliverables: ACOE 404 Permit Application Draft 404 Application • Final 404 Application RWQCB 401 Water Quality Certification Application • Draft 401 Application • Final 401 Application CDFG 1602 Streambed Alteration Agreement Application ■ Draft 1602 Application • Final 1602 Application Task 3: Leaal Descriptions and Exhibits Consultant shall prepare up to five (5) Legal Description and Exhibits for either temporary construction easements or right of way acquisition (assuming two parcels for permanent roadway easement and three areas for temporary construction easements). The temporary construction easements will encompass an area as needed to provide the contractor the sufficient room to perform the anticipated construction activities for the widening project. Consultant shall also fill out the City provided Grant Easement documentation for the City's use during the acquisition process. Deliverables: • Five (5) Legal Descriptions and Exhibits Task 4: Roadway Improvement Plans Consultant will prepare the necessary roadway improvement plans including a project title sheet, typical cross sections, construction details, horizontal alignment layout plans, vertical profile, grading, drainage, and cross sections of the proposed roadway improvements and submit to the City for review and comment. The roadway will be designed in accordance with AASHTO's, "A Policy on Geometric Design of Highway and Streets", AASHTO "Guide for the Development of Bicycle Facilities", the Caltrans "Highway Design Manual", the Caltrans "Standard Specifications", Caltrans Standard Plans, as well as the City of La Quinta Standards Plans. The roadway submittal will include approximately the following sheets: • Title Sheet Page 23 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Typical Cross Section • Roadway Plan & Profile • Construction Details • Drainage Plan & Profile • Slope Paving -Channel lining Plan, Typical Sections, Profiles, Details • Path undercrossing: Plan, Typical Section, Profiles, Details • Path Retaining wall plan, profiles, details (South side, Abutment 1, path undercrossing) • Utility Plan (Existing Utilities) • Stage Construction Plans • Temporary Widening: Dune Palms: for Construction Staging: Plan, Profile, Typical section • Traffic Handling Plans • Pavement Delineation and Signing Plan • Decorative Access Gate Details • Electrical Plans (Bridge Lighting) Consultant will prepare plans at 40 scale (1 "=40') where applicable. Signing and Striping Plans will include all new/existing signs and striping, pavement markings, pavement legends, sign and striping removals. At the project limits, Consultant will reference in existing striping based on topographic information and field review. Consultant will prepare final roadway plans in conformance with the approved preliminary alignment plans and submit to the City for review at 65%, 95% and 100% completion. Mylar plan sheets will be submitted after the approval of the 100% plan submittal package. Deliverables: • 65% Roadway Plans (3 copies) • 95% Roadway Plans (3 copies) • 100% Mylar Screen Check Plans (3 copies) • Mylar Roadway Plans (1 Mylar) Task 5: Foundation Report (FRII After the type selection and once the draft structure plans with selected foundation type (s), locations, and the design loads (service, strength and seismic) are available, Consultant will prepare a Foundation Report (FR) as per MTD 1-35. The Foundation Report will be prepared in general conformance with Caltrans' current requirements and guidelines. In general, the FR will be prepared by updating the items included in the Preliminary Foundation Report. It will also include results of additional analysis and recommendations necessary for the preparation of the structure PS&E. The Foundation Report is anticipated to include the following items: A general description of the site exploration conducted at the site. Discussion on the field and laboratory test results, and the general subsurface soil and ground water (if any) conditions, with reference to the proposed development. Comments on the regional geology and site engineering seismology, including the recommended ARS curve, Peak Ground Acceleration (PGA), controlling earthquake magnitudes for both AIRS and geotechnical analysis based on the procedures included in Appendix B of the Seismic Design Criteria (2009). Page 24 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Other geologic and seismic hazards, including potential for liquefaction, lateral spreading and seismically -induced settlement. • Geotechnical parameters for Static (LRFD Service and Strength Limit States) foundation and bridge structure analysis and design. • Geotechnical parameters, including soil -stiffness, for Seismic (LRFD Extreme Event Design) design of foundations and the bridge structure. • Results of geotechnical foundation design for LRFD Service, Strength and Extreme Event (Seismic) Limit States. ■ Summary LRFD Foundation design recommendations as per MTD 3-1. • Recommendations erosion/scour mitigation • Results of slope stability analyses and recommendations • Recommendations for the design of retaining structures, if any. • Road subgrade preparation recommendations • Roadway embankment and pavement design recommendations • Results of soil corrosion potential evaluation ■ Drainage recommendations ■ Geotechnical construction recommendations for bridge foundations, erosion/scour protection structures and roadway embankments. LOTB Sheets for PS&E Package. Consultant will prepare Log of Test Boring (LOTB) drawings suitable for inclusion into the contract drawings. These LOTBs will be prepared in accordance with the Catrans' current Soil and Rock Logging Manual. Deliverables: • Logs of Test Borings (LOTB) with the 95% Plans • Foundation Recommendations Report (FR) with the 100% PS&E Submittal Task 6: Bridge Plans The bridge will be designed in accordance with Caltrans Standards, including the "Memo to Designers" and `Bridge Design Standards". Seismic design loading will be evaluated as outlined in Section 3.21 of Caltrans "Bridge Design Specifications", the Caltrans "Seismic Design Criteria" (Version 1.7, 2013), and the latest available Caltrans earthquake information. Bridge Design will be in accordance with Load and Resistance Factor Design (LRFD). Prepare 66% Bridge Plans. The bridge plans will include the following sheets, some sections will require multiple sheets. • General Plan • Deck Contours • Foundation Plan • Abutment Layout(s) • Abutment Pile Layout(s) • Abutment Detail(s) • Pier Layout • Pier Detail(s) • Typical Section Page 25 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" • Girder Layout • Girder Reinforcement • Barrier Rail Detail(s) • Metal Rail Layout(s) • Metal Rail Detail(s) • Miscellaneous Detail(s) • Structure Approach Details • Drainage Details • Joint Seal Details • Log -of -Test Borings Prepare 95% Bridge Plans Incorporate comments from 66% review and independent check. The designer will reconcile with the back check and incorporate design changes into the contract plans. Perform Bridge Independent Check. An engineer not involved in the original design of the bridge will independently check the bridge. This independent check will result in a set of calculations, back -checked and reconciled with the designer. This Independent Check will be submitted at the same time as the City plan review set. Prepare Construction Schedule. Consultant will prepare the construction working day schedule. This schedule will be used for programming the construction phase of the project and preparing the special provisions. Quantity Takeoffs and Calculations. Consultant will prepare a set of quantity calculations for the bridge items. The roadway quantities will be calculated and summarized on plan sheets. The Engineer's Estimate of Cost will be developed from the bridge and roadway quantities. General Plan and Bridoe Type Selection (Final). After the environmental concerns have been addressed, and the architectural/aesthetic features such as bridge rail generally approved, the Draft General Plan for the bridge will be updated, and the "Structure Type Selection Memo" will be prepared and submitted to Caltrans for approval. Deliverables: • 65% Bridge Plans • Attendance to a meeting to present and discuss the 65% submittal. • 95% Bridge Plans • Mylar Screen Check Plans 100% (3 copies) • Mylar Bridge Plans (1 Mylar) • Independent Check Design Calculations • Update and finalize the final bridge General Plan. • Update the Structural Type Selection Memo, update and finalize the Bridge General Plan and submit to Caltrans for review and approval. Task 7: Utility Coordination Utility Relocation Request. Consultant will coordinate utility relocations to build the bridge and roadway approaches. The new bridge will have a variety of utility openings for existing or future utilities. Each utility company will be responsible for their utility relocation design. Page 26 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Utility Coordination Meeting 1—Project Information at 66%. The first meeting will be held to describe the project to utility companies, the design's impacts and staging, and answer questions from the affected companies such that they can respond to the "Utility Relocation Request'. Deliverable: • Consultant will organize and lead a utility relocation meeting, to be held at the City's offices. This meeting will include a power point presentation and informational handouts of the project so that the utility companies can more easily understand the project and develop relocation plans. Utility Coordination Meeting 2-96% Stage. The second utility coordination meeting will be held to confirm details of the project such as relocation locations and timing to ensure all parties understand the project and are coordinated to avoid expensive surprises and delays in construction. Deliverable: • Consultant will organize and "chair" a second utility relocation meeting, to be held at the City's offices. This meeting will include a power point presentation and informational handouts of the project. Task 8: Specifications Technical specifications shall be prepared for construction of each item of work in the Project. In addition, Consultant will fill out the bid schedule, matching the item number with their corresponding specification and line item in the Engineer's Estimate. Prior to the publication of the final package, Consultant will review the document. Specifications will be provided starting with the 65% plan submittal. Consultant will prepare the following items for the Bid Document: Project Description including all major work items, working days, liquidated damages based on Caltrans Specifications, contractor submittals prior to mobilization, special traffic control requirements or coordination, all of section 4000, and bid schedule. Deliverable: • Specifications and Bid Package at each Package Submittal Task 9: Construction Cost Estimate Starting with the 65% Package Submittal, Consultant shall prepare a Final Quantity and Cost Estimate. The estimate will be submitted with both the 100% and Mylar plan check reviews. Deliverable: • Engineer's Estimate at each Package Submittal Task 10: Resident Enoineer Construction File Consultant will assemble the Resident Engineer (RE) Construction File with quantity calculations, Engineer's Estimate, and designer notes to the RE. Page 27 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" Deliverables: • 4-Scale Deck Contour Plans • Creation and submittal of "RE Construction" file • Attendance to a meeting to present and discuss the Final submittal. Task 11: Final Riaht of Way Services As a result of the proposed improvements and the associated construction activities, it is assumed that various interests, including fee simple, permanent slope, and/or temporary easements, will be needed from two (2) parcels. am ' Wmt 1ltSJt3 600-030-010 Chin Family Prop Ltd Partnership Mobile Home Park with 1129 Ac SFR. 600-030-018 DWCG1 Vacant Commercial 8.92 Ac. Pending verification of final ownership interests via preliminary title reports, it is anticipated that a simple encroachment permit will be required from the flood control parcel (APN 600-010-009) in order to accommodate the new, all-weather bridge. Impacts to the mobile home park at the northeast corner of the existing bridge may prove complicated. It appears that the raised profile of the new bridge, as well as the proposed bridge approach roadway improvements, will require enough construction that the necessary temporary construction easements will directly impact two structures immediately adjacent to Dune Palms Road. One structure is a mobile home coach, while the other is a single family home. Separate appraisal reports will be completed for each structure, as well as for the impacted parcel. It is assumed that the single family home and the right of way required from that parcel will be negotiated together with a single owner. A separate acquisition case will be opened for the owners of the impacted mobile home coach. As such, occupants of both structures will necessarily require displacement and relocation assistance, which Consultant will manage and facilitate. Because of the relative complexity of the impacts to this parcel, careful management of multiple appraisal activities, and close communication with several interested parties, will be of utmost importance. Lastly, it is anticipated that interests, most likely in the form of a temporary construction easement, will be required from the parcel at the southeast corner of the existing bridge (APN 600-030-018). This is a vacant commercial property that will likely require relatively simple negotiations with a single owner. Upon environmental approval of the project, Consultant will implement and manage a comprehensive ROW program to cover all aspects involved in the public acquisition process. In general, this process usually includes project management, fee appraisal, appraisal review, F&E appraisal, title and escrow, environmental, property acquisition, relocation assistance, utility coordination, site clearance and right of way certification. Consultant has the properly licensed, experienced, local resources to provide precise staffing levels exactly when needed, and the expertise necessary to secure the remaining ROW for the project. Consultant will develop and implement a formal ROW program in compliance with the applicable City and state policies and procedures. For this project specifically, it is understood that federal Page 28 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" funding is expected and therefore Caltrans guidelines and procedures will guide the process. Consultant will provide overall ROW program management, leadership, and direction of all phases of the right of way process, policies, and scheduling. Right of Way Project Management and Document Support 1. Track and manage all budgetary -related aspects of Consultant's Scope of Work. 2. Assist with the development of administrative policies, procedures, and forms necessary to carry out the initial program. 3. Maintain ongoing general consultation and project coordination with the client, City, and any other project team members as necessary. 4. Provide representation of the client at public meetings, hearings, and litigation related matters. 5. Prepare and present a monthly written status report based on the agreed -upon guidelines regarding information to be provided. Confer weekly with client verbally on general statuses, problem areas, and progress. 6. Participate in up to 4 Project Development Team Meetings to report on acquisition progress. 7. Manage subcontractor and all necessary disciplines needed for the project. 8. Provide quality assurance and quality control for the right of way program and all right of way components. Title Investigation Services — Up to (3) Preliminary Title Reports 1. Secure vesting deeds, back up documents, property profiles, and tax maps for each property. 2. Secure preliminary title report which will remain valid for a minimum of 6 months or until there is an ownership change. 3. Secure copies of recorded back-up documents, as needed. 4. Share title information with right of way engineer, surveyor, and appraisers for their use. 5. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved project plan. 6. Facilitate changes to preliminary title report after the preparation of the legal description, if necessary for partial acquisition. Appraisal Services: Up to (4) Appraisal Reports (2 parcels, 1 SFR, 1 mobile home) 1. Consultant will mail a notification letter and acquisition policies brochure to the property owner requesting permission to conduct an on -site inspection of the property, advising them of their right to accompany the appraiser at the time of the inspection, and requesting information regarding the property appraised which could influence the appraised value. 2. Appraiser will review title information pertaining to respective ownership and will review drawings and other pertinent information relative to the parcel. 3. Appraiser will inspect the property personally with the owner (if possible) and document the inspection with photographs for use in the report. 4. Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information. 5. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specifications for narrative appraisal reports. 6. Consultant will receive and analyze the completed appraisal report accordingly. Negotiate Right of Way SettlementlPrepare Acquisition Documents: (3) Owners (2 parcels, and mobile home owner) 1. Establish and maintain a complete and current record file in a form acceptable to the client. Page 29 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 2. Receive and analyze title information, approved appraisal report, and legal description in sufficient detail to negotiate with the property owner and other parties. 3. Prepare offer letter, summary statement, and list of compensable items of fixtures and equipment, in accordance with state or federal regulations and the approval of the client. 4. Present written purchase offer to owner or their representative in person, when possible. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. 5. Follow-up and negotiate with property owner, as necessary; prepare and submit recommended settlement justification to client for review and approval; review any independent appraisal secured by property owner; and coordinate reimbursement of appraisal fees (up to $5,000) with client. Ongoing negotiations and settlement discussions will continue after the initial offer or until we reach settlement or impasse, as dictated by the overall Project Schedule. 6. Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests. 7. Maintain a diary report of all contacts made with property owner or representative and a summary of the status of negotiations indicating attitude of owner, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. 8. Prepare an impasse letter where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest. 9. Litigation support: in the event an acquisition is unable to be settled via voluntary means, the negotiations staff will provide a condemnation -ready case file, all relevant negotiations history, and meet with client as needed to provide relevant acquisition content. 10. Transmit executed acquisition documents to client. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. Escrow Coordination If by Negotiated Settlement: Assist the escrowttitle company in the following: 1. Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount. 2. Provide escrow officer with fully executed acquisition contract and notarized deed. 3. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions. 4. Assist escrow to secure full or partial reconveyance or subordination instruments from lien holders of record. 5. Review settlement statement for accuracy. 6. Coordinate deposit of acquisition price and estimated closing costs with escrow. 7. After the closing, review the title insurance policy for accuracy. 8. Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate. Eminent Domain Assistance (if necessary) If Settlement by Eminent Domain: Assist eminent domain counsel with the following: 1. Prepare a letter for the client signature to eminent domain counsel, requesting proceeding to condemnation. 2. Provide eminent domain counsel with available right of way maps and legal descriptions, preliminary title reports and title review documents, and information on how to contact each owner or interest holder. 3. Provide eminent domain counsel with a duplicate copy of the parcel file, together with a copy of the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented. Page 30 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 4. Convert preliminary title reports to litigation guarantees for eminent domain counsel's use. Title company fees (based on the value of the interest required) are additional. Relocation Plan Preparation Services 1. Interview all potentially affected occupants to determine relocation needs. The interviewer will query household information such as: the number, ages and gender of all occupants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 2. Research the marketplace for available replacement locations and/or establish rent schedules for compiling project costs. 3. Compile statistics on available housing replacement sites. 4. Calculate potential project costs with regard to relocation assistance. 5. Present draft relocation plan to client. 6. Distribute plan to project participants and make it available for public review. 7. Make any needed revisions brought up during the 30-day public review period. 8. Participate in adoption presentation meeting. Relocation Assistance Program Implementation Services (2 residential relocations) 1. Secure basic case information and set up case file; maintain the necessary case documentation and contact diary throughout the course of our involvement with the claimant. 2. Conduct initial in-depth field interview with claimant: document rents, income, family size, names/ages of occupants, and determine relocation needs, preferences and special requirements; provide general information notices and brochure; explain relocation process, rights and benefits available. 3. Provide on -going advisory assistance to minimize hardships on claimants, including referrals to and coordination with community service resources, public housing, and other public services as needed. 4. Document rent with rental agreement, receipts or economic rent if needed. 5. Document/verify income using pay stubs, budget worksheets, tax returns, certification and/or cash affidavit as necessary. Use rent -to -rent method if income cannot be verified. 6. Create rent schedule for project as appropriate and if authorized by client. 7. Search for and document comparable sites for each claimant, provide initial referrals and three sets of additional housing referrals every 4-6 weeks, as necessary. 8. Prepare letter of eligibility based on most appropriate comparable or rent schedule and seek authorization of client. 9. Deliver letter of eligibility to claimant and discuss findings and impacts to occupants' particular needs. Amend the letter of eligibility one additional time if the economics of the comparable's availability changes over the course of our assignment. 10. Prepare and deliver 90-day notices to vacate no later than 12 weeks after general information notices have been delivered. 11. Arrange for transportation to view replacement sites if needed. Assist Claimants with their selection of a replacement site, with lease offers, with review of rental agreements and with move bids or fixed moving payment. 12. Inspect selected site to ensure it meets decent, safe, and sanitary requirements. 13. Monitor the replacement site escrow and explain the relocation process to agent and escrow officer as necessary. 14. Verify vacation of the displacement site and secure a certificate of abandonment. 15. Determine eligibility for proposed amount of relocation benefits, including actual and reasonable moving payments, rental/purchase differential payments and fixed payments as applicable. Page 31 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 16. For residential moves, secure and process an advance claim to assist with the move and a second final claim incorporating the moving costs and rental/purchase differential payment once family has moved to selected displacement site. 17. Each claim will be signed by the claimant, supported by appropriate back-up (schedules, receipts, etc.) and will be reviewed by Consultant's project manager for recommendation before submitting to client for approval. Each claim check will be delivered to claimant in person (as feasible) and a receipt of payment will be secured. Task 12: CVWD Encroachment Permit Consultant shall fill out the appropriate CVWD encroachment forms for the construction, operation and maintenance of the Dune Palms Bridge by the City. This task will also include meeting time and coordination with CVWD on any additional items they may request throughout the design process (i.e. access gates, ramps to the bottom of the channel, etc.). Deliverable: • Completed CVWD Encroachment Permit Task 13: Services Durina Biddina Consultant will assist the City with the bidding and award process for this project. These services will be performed on a Time -and -Material basis. Deliverables: • Bid Support. All key team members will be available to attend a ore -bid meeting. • Respond to Inquiries. Consultant will respond to bidder inquiries by phone or email. • Prepare Addenda. Consultant will prepare addenda as requested by the City. • Review/Recommended Award. Consultant will assist in recommendation for award. Task 14: Construction Su000rt Services Consultant will assist project staff with construction support services. A budget amount has been prepared, though this may require adjustment based upon the City's determination of the level of consultant involvement needed during construction. These services will be performed on a Time - and -Material basis. Upon request from City staff the following will be provided: Deliverables: • RFi documentation and response to questions regarding construction documents • Periodic site visits during construction, as requested. • Input from the consultant regarding change orders. PROPOSAL ASSUMPTIONS AND EXCLUSIONS 1. As part of contract negotiations, Consultant expects the scope and fee to be modified. 2. We assume stake holders will participate proactively throughout the course of the project. 3. We assume that the project will proceed uninterrupted. 4. Effort for coordination with reviews for organizations is an estimate. 5. Evaluation or modifications to signal and lighting systems and electrical work, other than the bridge lighting, is not included. 6. Project will be designed using AutoCAD Civil 3D. Page 32 February 28, 2014 Dune Palms Road Bridge Over CVSWC Exhibit "A" 7. We assume the Hydrology & Hydraulics report, HEC-Ras Model and Geotechnical report for the Adams Street Bridge will be provided by the client. 8. We assume one style of bridge rail, similar to Adams Street, will be prepared. 9. Caltrans format will be used for the bridge plans. Bridge specifications will be Caltrans format. 10. Project schedule is based on prompt review by others. 11. Reproduction and scanning of the Construction Bid Documents will be performed by the City. 12. Estimated efforts for Construction Services are a budget figure. Page 33 February 28, 2014 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Million, One Hundred Seventy Six Thousand, Seven Hundred Eighty One Dollars ($1,176,781) ("Contract Sum'). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Last revised 9-4-13 18 COSTPROPOSAL DUNE PALMS ROAD LOW WATER CROSSING REPLACEMENT CITY PROJ N. • 2011-05; FEDERAL AID PROJ. NO.6RLKS3433(014) Tarlr P-i"miv IHnplapen Snvnnl aak Man09nr Onptnhnebl Fnp'vlmrr Ooobgip Proi Fngr CW111m p PwlFnpr grid n g in011nidan Civil TnthnWan grid n e Grixl mulmnt E Rnimb. .._. r Total by Tmk $ISO $1So $No $190 3150 f85 ses Ss$ Heum Fx Hw1E Fx Hmn Fee Hours Fee Hours Fx Hours Fx Hmrs Fx Noma I Fx Sub Fx Houra I I - PHASE 1: PROJ APPROVAL 6 ENV. DOGS Pro Ma m- Phaaet Nm xtt 90 ft3,500 81 E9,80 SO Si51,206 8 $120 30 f0 90 fa 95 260 WAS Pm Nx4 + 62 $9300 69 5960 EO 8 $1200 24 $360 50 f0 S 159 $237 QU , C., m "A. 12 $1 OA I Sol I So I Sol Sol I Sol I sal 46 §],200 EnvimnmendlCkarmw MIfMR<IlW banl lbn 2 E300 $0 50 $ SO Sol Sol sc IS075 PB 2 $4,3] flwercb wNlnwab pion 16 V $0 S S6 so SO E E4261 PB 0 E428t Rtllml EmMmbsrtp YES 2 E3W $O EO 8 $1.20C SO 12 E1020 So EO S],015 PB 22 $953 TmnYCN6TIpHr 12 $1A 52 A, f 40 mom 2C $300 EO $c SO $144,967 PB 15IN 124 $15908 NE6 2 §3W 2 f30 SO Eo SO EO $0 $0 $12)W PB 4 $1J3 Sxtlan T Co..domLaor dao $o f0 $0 $0 SO $0 so EO E22 iJ3 PB 0 522133 CE13 2 $300 2 $30 $0 2 E300 E EO $0 $0 $16,403 PB S3) 6 $21 083 .00 2 $300 3 $0 2 E300 E EO 1 Eo S6,)]5 PB 1 E]Ji5 Mll Ceordinntlw 10 31590 3 $0 24 $36 E e Sfi6o E $0 $555 d2 $11 33 Ta"raphic Bxe MaMm, 2 $300 3 SO 4 S6 $0. s0 E $0 $13,750 537 6 $14,650 Qw hniu SWdlo $ 18 E27 2821 S42 3001 8 $120 EOj$23,W S EO $24,5 308 $]0,]00 CMnYN tl g dnullx SNtl 12 $ 6o $9,o $eo $0 200 $300 So 46 E4O00$ $0 $150 320 W8380 SrldeT StlecXx 2 $30 12 $IS EO EO 323 W845 %I $o $50 614 $]05PWlmin Sw .Pkns 10 E1 SOf $0 40 MO $0 60 Es,1QEO EO $3 110 $131Neiml E Inxra 49.m 2 $300 4t6 $0 4 S6 to $150 5 $680$20O $0 52 $5]2PlYlmim Rl9ht M Wy CM SNdy 2 $30f fo 10 $15 S0 16 $13NE f0 f5600 OPC 28 $p,]6Pbase 4 SDbtotal 250 j$T'Soo noMA 282 $4;300 350 553500 1g1 j§8950 153 St29225,585 90 W,950 j21],]$F $41,750 1,112 $jA,71d PHASE 2: PLANS SPECS AND ESTIMATES Pro—t M.W. - Phxe 2 c mao nV 72 —SIO.8001 46 E7,2W f0 E $0 EO )0 $385 1So §21 B50 1cfYrd 50 $)50 50 $75 $0 12 $1800 EO E $p S 112 $1gF Oxli Canbdl 1 $15 6 S9fi $0 $0 30 d 30 E 16/ $24,80 FnvlronmvntJ PennIM 4 $Nco i 30 2 MM 2 $300 E $0 E $20327 PB 0 $21 52 Leo aM E3hlbft 54Pa $ f E0 2 $300 EO d0 f0 S0 E50oo 53] 2 $5.90 Task Peeled Mgr (NePkw.. Seven) seek Manager Deotebntbl Fnabeerr owbgke "Se, Civil Impavid Prel Eey a u Tecbnious C l Tednitbn &id as duel j SubteemlmM aeimb. I Tmelby Tesk $1E0 $150 $I60 $130 I $1ao S9$ $as $SE Hwn Fw Hours FwI Hours I Fw lHoural Fas I Hours I Fw Hours Fw Hours Fw Houn Fw Fw auE F. Xoun Fw Roadrar, In o mmt Puns SVwr W/Rnl R. 10 SIM V $01 52 $7 W § 112 E95 E $0 $3,W 174 $21,820 5(wm Wsln Plms 2 $M, $( $0 14 $21W $ 51 E43 E Eo 87 $6.735 IbWMn Me Rsrn 2 $300 b0 V 3P E46W Be75 $6,37 E $0 109 $11475 I P. 4 $600 §p Be 36 $5,4W $ 55 $4]60 E $ Be $10,76 sMa Rxu 2 b30 EO $0 0 $t2W So 24 $2r V $ 34 $3.51 51 eRo.. Rare 6 $90 EO 30 44 $6600 $0 Be $7480 $( $0 I36 14,88 C. swtlmn 4 $6o EO $0 32 E48W f 46 54000 $ Eo 84 $9,480 FomWtlooR d $ 3 E45 W $13,50 EB $0 20 $1IW $( $0 113 $15,65 0 Pow $( 48 A20 45 E6]50 52 E]BW 1108 $1f62W Be $4760 924 S78540 so H,51 2233 $275,765 ub$ CooNlnsXor 12 $1800 W E 24 E36W fo le Be. Be f0 46 $625 Spusisel Provisions 8 $1,200 4 $60 E 1B $2)W 24 $38W EO §0 SO 54 $81100 Coo.kudbn Cost F....4 Moo 12 $160 E 12 $1800 24 $36W $0 so $O 52 $7,80 ..I.tE wrs FW 2 $30 $ S 14 $2,1 32 $4AW 20 $1IW 48 §4080 f0 116 $1298 RI htof We W P ubon Services 20 $]M $0 $ 10 $1 See $0 $0 $0 $o S77755 OPc 1 30 $82,25 CV D Enorocbnxnt Permit 4 58.B 6 $90 $ 6 $900 4 $60, $0 $0 $. 20 $300 Phase 2 Subtotal IN $45,900 235 $35,x50 135 S20,x50 370 S$$,500 1194 $1)9,100 560 $4),600 972 $B2,620 70 $3,Bfi0 $1o3,BB2 S>st5 3,3]8 $580,66] Phase 1 & 2 Lump Sum Subtotal BOB ie3A00 szs $]a750 417 Saz,550 ]z0 i10a,000 tSa] S2Sa,OfiD A3 i60,fi30 111J - $1oa,205 160 $B,i00 i]4B,a{1 549,265 4s06 51,13a,3t1 TMIEAND MATERIALS TASKS §snlos 0url elean 8 Et 200 12 E18 S B E12 0 E12W b0 SO E 38 $5,40t1 Construction Support 3ervlw 20 .BOB 40 E5 ow A60 §9,OW 141 E15 ow $0 $ EO 220 E33000 Time and MatafWla Subtotal 21S4,200 fit S].800 0 $0 1 $10,200 108 $11,21 0 $0 o SO 0 SO SO SO 256 $38,400 Total ContraCtAmouD .84 i6),a00 .11 $86,650 417 $82,550 720 $11d,20o 1695 $254,250 712 S60.520 1273 $108,20 150 $8,500 5340,M1 549,2a5 4,7U $1,176,781 SubmnsuldnfCalee S37 §eoNon37Consubanh Po Parsons Brlockefboa OPO CVrti PaE4man6Culler PI PTec Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No � Dune Palms Road Low Water Crossing Replacement OD CVSWC, City Project No 7 2011-05 CONSULTANT: Bengal Engineering, Inc. Dale : 5/29/2014 rHRF(_T 1 ARr1R Classification/Title Name Range Hours Average HourlyTotal Rate Sr. Civil Engireer Scott Onishuk $55-$67 406 $ 61.97 $ 25,160 Md, Israil Civil Engineer Mike Bandich $44-$55 891 $ 46.60 $ 41,521 Tom Conti Ron Moreno Sr. Bridge Engineer Md Wahiduzzaman $55-$76 1695 $ 55.24 $ 93,632 A. aed Israil Geotech/Geolo ist Ed Pongracz, Md, Israil $44-$76 417 $ 55.00 $ 22,935 Technician Ed, Tom, Mike, Rizwana $27-$51 1985 $ 31.31 $ 62,150 Clerical iRizwana Zeman $20-$30 160 $ 20.16 $ 3,226 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases FRINGE BENEFITS d) Fringe Benefits INDIRECT COSTS t) Overhead h) General and Administrative j) Total Indirect Costs [(g) + (i)] FIXED FEE (Profit) n) OTHER DIRECT COSTS (ODC) I) TraveVMileage Costs m) Equipment Rental and Supplies n) Permit Fees, Plan sheets, Test Holes, etc. o) Misc o) Subconsultant Costs $ 248,623 ( 3% ) Ave. tot. until 2017 $ 7,459 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 266,082 ( Rate: 40% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 102,971 (Rate: 79%) g) Overhead [(c) x (t)] $ 201,348 (Rate: 29%) i) Gen 8 Admin [(c) x (h)] $ 74,954 (Rate: 1080/6 ) ]) Total Indirect Costs [(g)+(1)] $ 276,302 (Rate: 10% ) k) TOTAL PROFIT [(c) + (a) + (j)] x (q) $ 63,536 Subtotal [(c) + (9) + 0)+ (k)]: $ 698,890 $ 185 $ 40,065 $ 437,641 p) TOTAL OTHER DIRECT COSTS [(Q + (m) + (n) + (o)] $ 477,891 TOTAL COST [(c) + (a) + 0) + (k) + (p)] $ 1,176,781 Dune Palms Bridge - CDC - Bengal Engineering, Inc. 5/29/2014 Name Unit Price # Units Cost Estimate Billed at Travel/Mileage $0.56 330 $184.80 Utility Coordination - Potholing - Utility $675.00 $4,050.00 Actual -Cost Cost - Traffic Control - Utility $1,500.00 1 $1,500.00 Actual Cost Geotechnical Exploration - Traffic Control $3,450.00 1 $3,450.00 Actual Cost - Coring $1,500.00 1 $1,500.00 Actual Cost - Lab Testing $8,050.00 1 $8,050.00 Actual Cost - Drilling $11,500.00 1 $11,5 00.00 Actual Cost Channel H&H -Traffic Control & Mobilization $1,000.00 1 $1,000.00 Actual Cost - Soil Gradation $200.00 1 $200.00 Actual Cost - Report & Exhibits Printing $0.75 400 $300.00 Actual Cost Type Selection $97.50 - 8.5x11 $0.75 130 Actual Cost -11x17 $0.27 102 $27.54 Actual Cost - 24x36 $7.50 50 $375.00 Actual Cost Preliminary Design Plan $97.50 - 8.5x11 $0.75 130 Actual Cost -11x17 $0.27 102 $27.54 Actual Cost - 2436 $7.50 50 $375.00 Actual Cost Roadway Improvement Plans $236.25 - 8.5x11 C $0.75 315 Actual Cost -8.Sx11 BW $0.14 315 $44.10 Actual Cost -11x17 C $1.88 290 $545.20 Actual Cost - 24x36 C $7.50 290 $2.175.00 Actual Cost Bridge Plans $337.50 - 8.5x11 C $0.75 450 Actual Cost - 8.5x11 BW $0.14 3040 $425.60 Actual Cost - 11x17 C $1.88 400 $752.00 Actual Cost - 24x36 C $7.50 400 $3,000.00 Actual Cost LTOTAL $40,250.53� Bengal Engineering Dune Palms: Pre-.Avlard Audit Su6:n1tial p. 17. March 11, 2014 Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No Oune Palms Road Low Water Crossing Replacement a, CVSWC City Pronecr No � 201 1-05 CONSULTANT: Heptagon Seven Consulting. Inc. (Sub Consultant) Date: 3/512014 DIRECT LABOR ClassificationMtle Name Range Hours Average Hourly Rate Total Sr. Project Manager Brad Donais 448 S 61,99 S 27,771.52 Sr. Manager Lloyd Beaman 136 $ 61.99 S 8.430.64 S - S - 5 - S S - S - LABOR COSTS a) Subtotal Direct Labor Casts b) Anticipated Salary Increases (see page 2 for sample) d) Fringe Benefits I Rate: INDIRECT COSTS 0 Overhead (Rate: h) General and Administrative (Rate: J) Total Indirect Casts [(g) + (i)j (Rate: FIXED FEE IProRtl n) (Rate: OTHER DIRECT COSTS IODCI 1) Travel/Mileage Costs m) Equipment Rental and Supplies n) Permit Fees, Plan sheets, Test Holes. etc. o) Subconsultant Costs S 36,202.16 S c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 36,202.16 10 % ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 3.620.22 110 % ) g) Overhead ((c) x (01 5 39,822.35 1) Gen & Admin [(c) x (h)] S _ 170% > If Total Indirect Costs jig) +It)] $ 39.822.38 10% ) k) TOTAL PROFIT [(c) + (e) + 0)] x (q) $ 7,964.48 p) TOTAL OTHER DIRECT COSTS [(I) + (m) + In) + (o)] $ TOTAL COST [(c) + (e) + 0)+ (k) + (p)] $ 87,609.23 Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No.: Dune Palms Road Low Water Crossino Replacement lot CVSWC City Prohect No.: 2011-05 CONSULTANT: PARSONS BRINCKERHOFF, INC. Date : 4/8/2014 DIRECT LABOR Classificationlfitle Name Range Hours AveroRgeeteHourly Total Project Director Douglas Sawyer 8 $ 127.81 $ 1,022.48 Project Manager Lorraine Ahlquist 259 $ 72.27 $ 18,717.93 Sr. Engineer/Planner Lawrence Spurgeon 192 66.50 $ 12,767.04 Project Engineer/Planner Kristin Carlson 77 $ 40.19 $ 3,094.63 Technical Specialist Alice Lovegrove 239 $ 72.05 $ 17,219.95 Graphic Artist Rodrigo Mayorga 61 $ 42.35 $ 2,583.35 Environmental Analysis/Planner Melissa Estrada 113 $ 36.33 $ 4,105.29 Clericel/Word Processing Kerry Krasnasky 121 $ 24.72 $ 2,991.12 070 LABOR COSTS a) Subtotal Direct Labor Costs $ 62,501.79 b) Anticipated Salary Increases (see page 2 for sample) $ - c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 62,601.79 FRINGE BENEFITS d) Fringe Benefits ( Rate: 35% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 21,875.63 INDIRECT COSTS f) Overhead (Rate: 122.5% ) g) Overhead [(c) x (0] $ 76,565 h) General and Administrative (Rate: 0.2%) i) Gen 8 Admin [(c) x (h)] $ 125.00 j) Total Indirect Costs [(0 + (h)] (Rate: ;,_ 122,7%_ ) ]) Total Indirect Costs [(g) + (1)] $ 76,689.70 FIXED FEE (Profit) n) (Rate: 10% ) k) TOTAL PROFIT [(e) + (e) + (])] x (q) $ 16,094.21 1) Reproduction/Delivery/Communications m) Equipment Rental and Supplies n) Permit Fees, Plan sheets, Test Holes, etc. o) Subconsultant Costs 9,200.00 61,575.00 p) TOTAL OTHER DIRECT COSTS [(I) + (m) + (n) + (o)] $ 70,775.00 TOTAL COST [(c) + (a) + 0) + (k) + (p)] $ 247,936.32 NOTES: • Employees subject to prevailing wage requirements to be marked with an •. • ODC items should be based on actual costs and supported by historical dam and other documentation. • ODC items that would be considered `tools of the trade" are mot reimbursable. • ODC items should be consistently billed directly to all chents, mAjust when client will pay for them as a direct cost. • ODC items when incurred for the same purpose, in Eke circumstances, should not be included in any indirect cost pool or in overhead rate. • Attach detailed cost proposal in same format as prime consultant estimme for each subconsultant) • TtawbMileage Costs(supported by consultant actual costs) • Equipment Rental and Supplies (itemize) • Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc. Dune Palms Bridge - ODC-PB 5/28/2014 Name Unit Price I # Units Cost Estimate Billed at Mileage $0.56 250 250 250 250 250 250 250 250 250 250 250 250 250 250 3000 $1,960.00 Actual Cost Plan Sheets $7.50 5 5 5 10 10 10 20 20 20 25 25 20 20 20 175 $1,612.50 Actual Cost Reproduction (color 8.5 x 11") $2.10 80 80 80 100 100 100 150 150 150 150 150 150 150 150 1440 $3,654.00 Actual Cost Reproduction (black and white) $0.15 108 107 150 150 150 150 175 175 250 200 200 200 200 242 2015 $368.55 Actual Cost Courier Service $15.00 4 4 4 4 6 6 8 8 8 10 10 10 10 15 82 $1,605.00 Actual Cost TOTAL 1 $9,200.05 Local Assistance Procedures Manual EXHBIT 10-H Sample Cost Proposal EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #1) Paget of ACTUAL COST -PLUS -FLIED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Consultant Ecorp Consulting Contract No.BRLKS-5433(014)Date April 7, 2014 DIRECT LABOR Classification/Tide Name Hours Actual Hourly Rate Total Pr' Mgr/Princirkal Biologist Scott Taylor 52.0 41.96 2,181.92 AO /OC Donald R. Mitchell 2.0 84.13 168.26 Senior Biologist Brad Haley 82.0 36.06 2,956.92 Biologist/Env Analyst Alfredo Aguirre 66.0 25.00 1,650.00 Biologist/Env Analyst Emily Graf 12.0 21.63 259.56 Biolo ist Katherine Vienne 168.0 16.64 2,795.52 Technical Editor) Brian Fedrow 10. 40.38 403.80 GIS Specialist Marc Guidry 95.0 26.25 2,493.75 LABOR COSTS a) Subtotal Direct Labor Costs $ 12,909.73 b) Anticipated Salary Increases (seepage 2 for sample) $ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 12,909.73 FRINGE BENEFITS d) Fringe Benefits (Rate: _49.52_°/u) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 6,392.90 INDIRECT COSTS f) Overhead (Rate: _60.9 %) g) Overhead [(c) x (f)] $ 7,862.03 h) General and Administrative (Rate: _100.27_o/o)i) Gen & Admin [(c) x (h)] $ _ 12,944.59 FLIED FEE (Profit) n) (Rate: 8.0 %) OTHER DIRECT COSTS (ODC) j) TOTAL INDIRECT COSTS [(g) + (i)] $ 40,109.24 k) TOTAL PROFIT [(c) + (e) + 0)] x (q) $ 43,31798 1) Travel/Mileage Costs (supported by consultant actual costs) $ _1525.20 --- in) Equipment Rental and Supplies (itemize) $ _2770.82_ n) Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc. $ o) Subconsultant Costs (attach detailed cost proposal in same format as prime consultant estimate for each subconsultant) $ p) TOTAL OTHER DIRECT COSTS [(I) + (m) + (n) + (o)] $ _42%.02 TOTAL COST [(c) + (e) + 0) + (k) + (p)]$ _47,614.00 Page 1 of 5 LPP 13-01 June 20, 2013 Local Assistance Procedures Manual EXHBIT 10-H Sample Cost Proposal NOTES: • Employees subject to prevailing wage requirements to be marked with an *. • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered "tools of the trade" are not reimbursable. • ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost. • ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. • Travel related costs should be pre -approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requirements. Page 2 of 5 LPP 13-01 June 20, 2013 Dune Palms Br - ODC - ECORPR Name Unit Price k Units Cost Estimate Billed at CNDDB Subscribers 1 Standard Overlay $40.00 1 1 $40.00 Mileage $0.56 476 400 420 1296.02 $725.77 Actual Cost Plan Sheets --S5M 6 80 80 166 $830.00 Actual Cost Aerial Photography $150.00 4 4 $600.00 Actual Cost Reproduction (color 8.5 x 11") $1.10 100 100 100 300 400 $440.00 Actual Cost Reproduction (black and white) $0.15 35 350 350 400 600 1735 $260.25 Actual Cost Rental Car and Fuel -Daily $100.00 4 4 8 $800.00 Actual Cost Courier Service $15.00 40 40 $600.00 Actual Cost [TOTAL 1 $4,296.021 5/28/2014 Local Assistance Procedures Manual EXHBIT 10-H Dune Palms Road Low Water Crossing Replacement Cost Proposal EXHIBIT 10-H COST PROPOSAL Page 1 of ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Consultant: Cogstone Resource Management Inc. Contract No.: BRLKS-5433(014) Date: April 7, 2014 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Program Manager Sherri M. Gust, MS. RPA Kimberly Scott, MS Dr. Nancy E. Sikes, RPA Molly Valasik, MS, RPA Janell Mort, MS Andrew Hernandez MBA Holly Duke 14.00 15.00 33_00 43_00 20_00 3.00 12.00 $ 54.65 $ 30.00 $ 41_00 $ 27_00 $ 21_01 $ 44.13 $ 15_00 $ 765.10 $ 450.00 $ 1,353.00 $ 1 161.00 $ 420.20 $ 132.39 $ 180.00 Principal — Pale o Principal - Archaeo Supervisor Technician Contract Manager Clerical LABOR COSTS a) Subtotal Direct Labor Costs $ 4,461.69 b) Anticipated Salary Increases (see page 2 for sample) $ 0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 4,461.69 FRINGE BENEFITS d) Fringe Benefits (Rate: 45 1417%) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 2,014.08 INDIRECT COSTS I) Overhead (Rate: 84.1834%) h) General and Administrative (Rate: 36.0981%) FIXED FEE (Profit) n) (Rate:10_00%) OTHER DIRECT COSTS (ODC) g) Overhead [(c) x (f)] $ 3,756.00 i) Gen & Admin [(c) x (h)] $ 1,610.59 j) TOTAL INDIRECT COSTS [(g) + (i)] $ 5366.59 k) TOTAL PROFIT [(c) + (e) + 0)] x (q) $ 1,194.24 1) Travel/Mileage Costs (supported by consultant actual costs) $ 134.40 m) Equipment Rental and Supplies (itemize) $ 100.00 - Miscellaneous Project Expenses (copies, postage, etc.) n) Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc. $ 700.00 - Eastern Information Center Records Search - Western Science Center Records Search o) Subconsultam Costs (attach detailed cost proposal in same format as prime consultant estimate for each subconsultant) $ p) TOTAL OTHER DIRECT COSTS [(I) + (m) + (n) + (o)] $ 934.40 TOTAL COST [(c) + (e) + 0) + (k) + (p)] $ 13,961.00 NOTES: Employees subject to prevailing wage requirements to be marked with an *. Page 1 LPP 13-01 April 7, 2014 Local Assistance Procedures Manual EXHBIT 10-H Dune Palms Road Low Water Crossing Replacement Cost Proposal • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered "tools of the trade" are not reimbursable. • ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost. • ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. • Travel related costs should be pre -approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requirements. Page 2 LPP 13-01 April 7, 2014 Dune Palms Bridge - ODC - Cogstone 5/28/2014 Name Unit Price # Units Cost Estimate Billed at Mileage $0.56 240 240 $134.40 Actual Cost Photocopies of Research $50.00 1 1 $50.00 Actual Cost Postage and Reproduction $50.00 1 1 $50.00 Actual Cost Eastern Information Center Records Search $600.00 1 1 $600.00 Actual Cost Western Science Center Records Search $100.00 1 1 $100.00 Actual Cost TOTAL $934.401 Form 10H CONSULTANT COST PROPOSAL COST PROPOSAL CONTRACT No � Dune Palms Road Low Water Crossing Replacement fW CVSWC� City Prohect No:: 2011-05 CONSULTANT: Overland, Pacific and Cutler, Inc. Date : 3/5/2014 DIRECT LABOR Classification/Tide Name Range Hours Average Hourly Rate Total Program Manager John Cutler 15 $ 80.00 $ 1,200.00 Project Manager Dan Coffey 33 $ 43.27 $ 1,427.91 Sr. Analyst Alfredo Jacquez 20 $ 32.94 $ 658.80 Sr. Agent Mona Montano 230 $ 38.47 $ 8,848.10 Agent/Analyst James Vanden Akker 104 $ 22.29 $ 2,318.16 Project Support I Inez Garcia 176 $ 21.46 1 $ 3,776.96 LABOR COSTS a) Subtotal Direct Labor Costs $ 18,229.93 b) Anticipated Salary Increases (see page 2 for sample) $ 911.50 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 19,141.43 FRINGE BENEFITS d) Fringe Benefits (Rate: 0%) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ INDIRECT COSTS f) Overhead (Rate: 161 % g) Overhead [(c) x (0] $ 30,818 h) General and Administrative (Rate: 0%) i) Gen & Admin [(c) x (h)] $ j)Total Indirect Costs [(g)+(i)] (Rate: 161%) J) Total Indirect Costs [(g) + (1)] $ 30,817.70 FIXED FEE (Profit) n) (1 10%) k) TOTAL PROFIT [(c) + (9) + (J)] x (q) $ 4,995.91 OTHER DIRECT COSTS (ODC) 1) TraveVMileage Costs m) Equipment Rental and Supplies n) Permit Fees, Plan sheets, Test Holes, etc. o) OPC- Right of Way Appraisals p) Review Appraisals $ 16,900.00 $ 11,600.00 q) TOTAL OTHER DIRECT COSTS [(I) + (m) + (n) + (o) + (p)] $ 28,400.00 TOTAL COST [(c) + (a) + 0) + (k) + (q)] $ 83,355.04 NOTES: • Employees subject to prevailing wage requirements to be marked with an •. • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered -tools of the trade" are not reimbursable. • CDC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost. • ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. • Attach detailed cost proposal in same format as prime consultant estimate for each subconsultant) • Travel/Mileage Costs (supported by consultant actual costs) • Equipment Rental and Supplies (itemize) • Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc. Dune Palms Bridge - ODC - OPC ODC Breakdown 'A contingency has been applied to preliminary title report fees in order to account for uncertainty regarding ownership complexities and the potential need to provide updates a year has passed. Form 10H CONSULTANT COST PROPOSAL COSTPROPOSAL CONTRACT No.: Dune Patens Road Low Water Crossina Replacement CM_ CVSWC7 City Prohect No.: 2011-05 CONSULTANT: Section 37 Consultants (Survey Subconsultant) Date: 3/5/2014 DIRECT LAROR ClassifieatioMitle Name Range Hours Average Hourly Rate Total Principal Surveyor Benjamin Egan 62 $ 52.01 $ 3,224.43 Survey Party Chief Ian Parsons 36 $ 42.00 $ 1,512.00 Survey Chainman Aaron Darling 36 $ 32.00 $ 1,152.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits INDIRECT COSTS f) Overhead h) General and Administrative j) Total Indirect Costs [(g) + (i)] n) ( Rate: $ 5,888.43 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 5,888A3 15% ) e) TOTAL FRINGE BENEFITS [(c) x IQ $ 883.26 (Rate: 65% ) g) Overhead [(c) x (t)] $ 3,827 (Rate: 40% ) i) Gen & Admin [(c) x (h)] $ 2,355.37 (Rate: 105% ) j) Total Indirect Costs [(g) + (t)] $ 6,182.65 (Rate: 10% ) q TOTAL PROFIT [(c) + (a) + 0)] x (q) $ 1,295A5 OTHER DIRECT COSTS fODC) 1) Travel/Mileage Costs m) Equipment Rental and Supplies n) Permit Fees, Plan sheets, Test Holes, etc. o) Photogrammetric Imagery (Aerial Mapping $4500) $ 4,600.00 p) TOTAL OTHER DIRECT COSTS [(I) + (m) + (n) + (o)] $ 4,500.00 TOTAL COST [(c)+(a)+0)+(k)+(p)] $ 18,750.00 NOTES. • Employees subject to prevailing wage requirements to be marked with an `. • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered "tools of the trade are not reimbursable. • ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct coat. • ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. • Attach detailed cost proposal in same format as prime consultant estimate for each subconsulum) • Travel/Mileage Costs (supported by consultant actual costs) • Equipment Rental and Supplies (itemize) Dune Palms Bridge - ODC - Section 37 5/28/2014 Name Unit Price k Units Cost Estimate Billed at Flight and Photo Lab work (LS) $900.00 1 1 $900.00 Actual Cost Mapping (LS) $3,100.00 1 1 $3,100.00 Actual Cost Project Management & Oversight (LS) $500.00 1 1 $500.00 Actual Cost TOTAL $4,500.00 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 9-4-13 19 Schedule for the Dune Palms Road ' Bengal Engineering, Inc. Low Water Crossing Replacement eaP 3ar.nrv�o Task Name Daralmn w Qei 1 zou Otrz ems 1 QY9 pre On_f__Odz Od3.__a14." 9arl 2me gn_i_Olre Ora _Carl eon art ar3 Ova _ 2me ay.3_i era_. 1 .— �_4h3 -ar+_I_arz_ _— ace says Dune Palms Road Low Water Crossing Replacement 0dnn _ -- Ivc 3 ' 16ckoR Melding +dark u2 owe ne 4.- s Phase 1 - Project Approval and Environmental Documents (PA&ED) 315 dav,a� Project Management --- - 375days I vz MIN Pharr t . anti igem prow RdErminwomem, 1DOCuffenift(laflLED) a ] i- Environmental Rev" CCEOWNEPA Report Technical Studies) i 375 dons;;.. - ii Prolecg_d-.-oeand P_rOjedp20 aers, Research end lnV¢sdaelion 29 days .—.__._ "___—____. ____._.._— -_-�_ � Preliminary Environmental Study (PES) as ddm ��_-_-. Technical Studies _-_-. ae d.ys Environmentaas l AsssmenMnitlal Study tetdm; -. _ ca lira I us au] - e-- JI—.. --- �- ---"W2 mo ]n ---nd I_____ ------'--- e 10 25 I_ 35 eo_ 43 utlltiy COOfdlDatlOn no days] _ - Topographic Base Mapping ud�nii`____. Preliminary Geotechnical Investigation I _,__ e130 ___ is--- iae ____ ____ ------- ___- 11n : __ _-__ ___ ___-_____ ___ _____ ___- 5a 51 s2 Location Hydraulic Study - Channel Hydrology and Hydraulic Study 1500e)n __. __. -_ General Plan and erttlge Type SeleMlon Report 120says ! Preliminary Design Plana so adri� - - --- -- :. +oro ins --__ ;- --------- +oro -ins cn -"-- l/1 - -- - -"- - --- ,. ---- ---- -- - ----- - 53 +ore +znt v ss 5s Preliminary Engineers Estimate 30 dan 1--- Preliminary Right of Way Cost Study --- -- 45 mrs� Legals & Eahihita 3. dan Bridge Railing Aesthetic Study-�"--�-- --" �, 25 darsl __..._._ v c 3127 - k -- ---_- v --tA _ vt w3 _"__ .____..__ __„ ____ ___ _____ - ___________ _____ ____"___.,_ ---------- "__"_ _____ n 58 � Phase 2 •Final Design ; 3r3 tlaYa:� _______ i Pn 3-F Deslg w Protect Management 3eieevsl Environmental Permitting -+ao dy:r _ ____ __ _"___ __ :____ ____ ire ___-9 ___ a-- ____at _______ _ m _. ___ _____ _____ a5 Right of Way odi day, I : 1 re Lana- ]+ Roadway and Bridge Plana Bid Documents ', +da days' ' -- toi o vze oe Final Desi n UUI CooRIlnaUon _. Final Bid Package _I_ g___kage and RE File 1a2a - � __ _____ __ - "Fin. ea ra a.i:a"-ae F- _____ _ __ _ ___ _ __ __ ____ _ __"__ _"_ _____ 103 CVWD Encroachment Permit 311 +oa ' Construction Auhrodzatlon (E46) +dari '. ton+ Ids I- Contract -Bidding and Award nce Assista- 30den; i � _.106 Construction I ____ 1 Mon 13/10 Can ProieO No. 2m 1A5 Federal NN PMW No. BRL S-W3(010) - Exhibit D Special Federal Requirements The Project covered by this Agreement may be partially funded by various Program funds administered through the California Department of Transportation (Caltrans) As Such, the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. D1.0 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION D1.1 Consultants must give consideration to DBE firms as specified in 23 CFR §172.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the goal by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. D1.2 A DBE may be terminated only with written approval by City and only for the reasons specified in 49 CFR 26.53 (Q. Prior to requesting City's consent for the proposed termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f). D2.0 CERTIFICATIONS D2.1 Caltrans LAPM Exhibits 10-F Certification of Consultant is attached and a part of this Agreement. D3.0 COST PRINCIPLES D3.1 Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. D3.2 Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. D3.3 Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. Exhibit D Special Federal Requirements D4.0 CONTINGENT FEE D4.1 Consultant warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. D5.0 DISPUTES D5.1 Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by the City's Contact Officer, who may consider written or verbal information submitted by Consultant. D5.2 Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. D5.3 Neither the pendency of a dispute, nor its consideration by the Contract Officer will excuse Consultant from full and timely performance in accordance with the terms of this contract. D6.0 AUDIT REVIEW PROCEDURES D6.1 Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City's Chief Financial Officer. D6.2 Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. D6.3 Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. D6.4 Consultant and subconsultants' contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify Exhibit D Special Federal Requirements 2 compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit Workpaper Review it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's workpapers. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have access to CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. D7.0 SUBCONTRACTING D7.1 Consultant shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City's Contact Officer, except that, which is expressly identified in the approved Cost Proposal. D7.2 Nothing contained in this Contract or otherwise, shall create any contractual relation between the Agency and any subconsultants, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the Agency for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subconsultants is an independent obligation from the Agency's obligation to make payments to the Consultant. D7.3 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subconsultants. D7.4 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency. D7.5 Any substitution of subconsultants must be approved in writing by City's Contact Officer prior to the start of work by the subconsultant. D8.0 INSPECTION OF WORK D8.1 Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. Exhibit D Special Federal Requirements D9.0 SAFETY D9.1 Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. D9.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take rall reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. D9.3 Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D10.0 CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR D10.1 If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. D10.2 Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services under this contract. D10.3 Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. D10.4 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D11.0 CONFIDENTIALITY OF DATA D11.1 All financial, statistical, personal, technical, or other data and information relative to City's operations, which are designated confidential by City and made available to Consultant in order to carry out this contract, shall be protected by Consultant from unauthorized use and disclosure. Exhibit D Special Federal Requirements 4 D11.2 Permission to disclose information on one occasion, or public hearing held by City relating to the contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. D11.3 Consultant shall not comment publicly to the press or any other media regarding the contract or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D11.4 Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by City, and receipt of City's written permission. D11.5 Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. D11.6 All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity other than City. D12.0 NATIONAL LABOR RELATIONS BOARD CERTIFICATION D12.1 In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. D13.0 EVALUATION OF CONSULTANT D13.1 Consultant's performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the contract record. D14.0 STATEMENT OF COMPLIANCE D14.1 Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. D14.2 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against Exhibit D Special Federal Requirements 5 any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 at seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. D15.0 DEBARMENT AND SUSPENSION CERTIFICATION D15.1 Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud, or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. D15.2 Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. D15.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. D16.0 STATE PREVAILING WAGE RATES D16.1 Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. D16.2 Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, Exhibit D Special Federal Requirements 6 demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. D17.0 CONFLICT OF INTEREST D17.1 Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow. D17.2 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. D17.3 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D17.4 Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint - ownership, or otherwise. D17.5 Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. D18.0 REBATES. KICKBACKS OR OTHER UNLAWFUL CONSIDERATION D18.1 Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. D19.0 PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYING D19.1 Consultant certifies to the best of his or her knowledge and belief that: a. No state, federal or City appropriated funds have been paid, or will be paid by -or -on behalf of Consultant to any person for influencing or attempting to influence an Exhibit D Special Federal Requirements officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. D19.3 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D19.4 Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. D20.0 EQUIPMENT PURCHASE D20.1 Prior authorization in writing, by City's Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant Services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. D20.2 For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City's Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. D20.3 Any equipment purchased as a result of this contract is subject to the following: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best Exhibit D Special Federal Requirements 8 price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 49 CFR, Part 18 requires a credit to Federal Funds when participating equipment with a fair market value greater than $5,000 is credited to the project. D20.4 All subcontracts in excess of $25,000 shall contain the above provisions. Exhibit D Special Federal Requirements F.slnnrf 10-F C'ERII"CATION (OF CoNsol.IANI O.%mIsslo:.Ns& Fiats I HEREBY CERTIFY that I ant the Principal -In -Charge . and duly authorized rcpresa lunke ol'tho first of Bengal Engineering, Inc. \\hose address is 250 Big Sur Drive, Goleta, CA 93117 and UML c>;capt as hemp\ espressh stated. neither I not the above firm that I represent have: (a) employed or retained lit at atnunissiun. pelvQnwge. biokera_e. contin ,ent we. or other consideration. any firm or person t other thml a hnna hdc employ ee n orkow .uiely for me or the abure eonadlam to Solicit ur secure this Conu'act [lot - (Ill agreed. as an express or implied condition for obtaining this conuML to employ or retain the services of env tine or pe on in comteo n a ILK carrcing out the contract not- (c) paid. or agreed to pay. to and firm. organization or person (other than a bona lide empkn to "orkin solely for me or the aboo•e consnitaatl any lec_ conuibutiun. dountion. or consideration of any kind. for of in connection vN all. procurinc or ca-n ing oul this contract. I acknovv Ic l e that this CertiFcute is to he made available to the California DwIldrnnent of Eranspurtal (Callrans) in c-connection vy ith thk contract involving participalion of fcd0ral-aid hi ltvcay fnnds.:nd is ,u6ject to applialk sma and federal layvs. both criminal and civil. ,1110 QLA Nov. 22, 2013 U�� i Date i Pill, am lion: II ta:ul acme_v Pn gcct fit: it bi_flmblS (,n➢ me II 1 I )L:A L. 1.V II, "'melt nql (Signattu•al Page I of 1 LIT 1501 Alan k 2M3 Local Assistance Procedures Manual EXHIBIT 10-02 Consultant Contract DBE Information EXHIBIT 10-02 CONSULTANT CONTRACT DBE INFORMATION (Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form) Cortetiltatit toy Completeahis Secfion ' 1. Local Agency Name: City of La Quinta 2. Project Location: Dune Palms Road over the Coachella Valley Stormwater Channel 3. Project Description: Replacement of a Low Water Crossing with a new all-weather Bridge 4. Total Contract Award Amount: S 1,176,781 S. Consultant Name: Bengal Engineering 6. Contract DBE Goal %: 1.0% 7. Total Dollar .Amount for all Subconsultants: S 437,641 8. Total Number of all Subconsultants: 5 Award DBE/DBE Information 9. Description of Services to be Provided 10. DBE/DBE Finn Contact Information 11. DBE Cen. Number 12. DBE Dollar Amount Bride Engineer Ivld Wahiduzzaman 31261 $ 739.140 Hydroloav and Hydraulics 250 Big Sur Drive Geotechnical Engineering Goleta. CA 93117 Civil Engineering Management of Pro•ect Tasks Local Agency to Complete this Section- : • . 13. Total DoOais Claimed - - S �759140 20. Local Agency Contract Nurnbec 21. Federal -aid Project Number: 22. Contract Execution Dale: Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: 14. Total Cla%msed -. 63.0% _ ?' 23. Local Agency Representative Name (Prior) 24. Local Agency Representative Signature 25. Date 26. Local Agency Representative Title 27. (Area Code) Tel. No. 15. Preparer's Signature Md. 1ahiduzzaman 16. Preparer's Name (Print) CEO, Principal Caltrens to Complete this Section . Caltmns District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: 29. DLAE Name (Print) 29. DLAE Signature 30. Date 17. PrtRarer's Title 5i29114 805-563.0788 x101 - I8. Date 19. i Area Cale) Tel. No. Distribution: (1) Copy -Email a copy to the Caltmns District Local .Al istance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days orcontract award may result in delay of payment. (2) Copy - Include in award package sent to Caltmns DLAE (3) Original -Local agency files Page t of 2 LPP 13-01 May 8, 2013 ok TLD 6-24-14 BENGENG-01 DESU R��"" CERTIFICATE OF LIABILITY INSURANCE DATE D/YYVV) w3/zou THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER (805) 965-0071 Broxm & Brown Insurance License 0 OD04053 P.O. BoX 61010 CONTACT NONE: Susana DeRoblea PHONE FAX An: N Ezl : 805 690-2634 Alc Ne 805 690-2734 ADDriess: sderobl bbofcal.wm Santa Barbara, CA 93160 INSURER(S) AFFORDING COVERAGE "IC r INSURER A: State Compensation Insurance Fund INSURED Bengal Engineering, Inc. INSURER 8: 250 Big Sur Drive Goleta, CA 93117 INSURER C : INSURER D INSURERE: INSURER F : c.v.crwvw CE FiCALe numtst:w REVISION NUMBER' THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTp TYPE OF INSURANCE ADDL13UBR POLICY NUMBER POLII(MMIDDYEFF MM�OY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E OCCUR PREMISES Ea oewnence S MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO S POLICY PRO. LOG S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED I SCHEDULED AUTOS I AUTOS BODILY INJURY(Peractldenp S HIRED AUTOS NIROPERTYDAMA AUTOS E PER ACCIDENT S UMBRELLA LIAR HOGCUR EACH OCCURRENCE S AGGREGATE S EXCESS DAB CLAIMS -MADE DED RETENTION S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERAIEMBER EXCLUDED? ❑ NIA 1858WS14 511512014 5115/2015 WC STATU- OTH- X TCRY E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,08 (Mandabry In NN) If yee. de5pdee under DESCRIPTION OF OPERATIONS W. E.L. DISEASE -POLICY LIMIT S 1,000,08 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES VLnach ACORD 101, Addiflw6 Ramer s Sohedure, if moo spew Is rasuired) Proof of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of La Quinta 78.495 Calle Tampico THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. La Qulnta, CA 92253- AUTN�ORyIgDREPRESENTATIVE 01988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AC"Rbr CERTIFICATE OF LIABILITY INSURANCE DATE IMM DD/YW11 1 ilw� 06/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Tina Jackson Tina Jackson Insurance Services, Inc PHONE 8059662500 Fa N.. 8055635328 3834 Pemm PI ADMAIL DRRESS. tina@tinajacksonins.com Santa Barbara, CA 93110 INSURERS AFFORDING COVERAGE NAIC i INSURERA: Hanover Insurance Company INSURED INSURERS: U.S. Specialty Insurance Company Bengal Engineering, Inc INSURER C : INSURER D : 250 Big Sur Drive Goleta CA 93117 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER- RFVICInM uLLmaFc• THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADD UBR POLICY NUMBER POLICY EFF MMID POUCYEXP MMA) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR Y OB3A311665"0 06/15/14 06115115 EACH OCCURRENCE $ 2,000,000 PREMISES EaE..nce $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ECT ❑ LOC GENERAL AGGREGATE $ 4,600,000 PRODUCTS-COMP/OP AGO $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEDnt S NGL LIMIT Ea..ide $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) ( ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Pera.ident $ UMBRELLA LIMB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMSMADE DIED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERVLIABILITY YIN ANY PROPRIETOR9ARTNERIEXECUTIVE OFFICERWEMBER E%CLUDED9 ❑ NIA PERVIM- STATUTE I I ER E.L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYEE 5 Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C Professional Liability USS1324287 09/17/13 09/17/14 $1,000,000 Per Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addmonal Remarks Schedule, may be attached If more space Is required) City of La Quints, its officer and employees are listed as additional insured in respects to general liability. Coverage is primary and non- contributory. The Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, City Project No. 2011-05, Federal Project No. BRLKS-5433(014) CERTIFICATE HOLDER CANCELLATION City of La Quints Attn: Frank Spevacek SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 78-495 Calle Tampico AUTHORIZED REPRESENTATIVE La Quinta, CA 92253 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE llk./ 1 06/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tina Jackson Insurance Services, Inc 3834 Pemm PI CONTACT NAME: Tina Jackson PMOME 8059662500 FAX Not: 8055635328 ADDRESS tina@tinajacksonins.com Santa Barbara, CA 93110 INSURE S AFFORDING COVERAGE NAICd INSURERA: Hartford Fire Insurance Company INSURED Bengal Engineering, Inc INSURERB: U.S. Specialty Insurance Company INSURER C: INSURER D : 250 Big Sur Drive Goleta CA 93117 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER* THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE DL UBR POLICY NUMBER POLICY EFF MIW POLICY EXP M$4DO/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y 72SBAIA5914 06/15/13 06/15/14 EACHOCCUAGE RRENCE $ 2,000,000 PREm SE8 Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONALSADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PEA LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a¢itlent $ BODILY INJURY (Per person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accitlam ( ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per amdem $ UMBRELLA LUIB OCCUR EACH OCCURRENCE $ H AGGREGATE $ EXCESS UAB CLAIMS -MADE DEO RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? El NIA PE H- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NHl H yes, describe untie' DESCRIPTION OF OPERATIONS beb E.L. DISEASE -POLICY LIMIT $ C Professional Liability USS1324287 09/17/13 09/17/14 $1,000,000 Per Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) City of La Quinta, it's officer and employees are listed as additional insured in respects to general liability. Coverage is primary and non- contributory. The Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, City Project No. 2011-05, Federal Project No.BRLKS-5433(014) City of La Quinta Attn: Frank Spevacek City Manager 78-495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE rahts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A 05I7 GHTS UPON THE CERTIFICATE HOLDER CERTIFICATE: DOES NOT AFFIRMATIVELY OR NEGATIVELY I AMEND,EEXTEND OR ALTER AND CONFERS No THE COVERAGE AFFORDED BY THE POLICIESI BELOW. THIS. CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING TNSURERiS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE GERTIFICATE HOLDER. This form is used to report coverages ProArlded to a single 9pec1Bc vehicle or equipment no not use this romT to report IiaMlity coverage Provided to multiple vehicles under a singto policy. Use ACORD 25 for dim purpose- woftceR o INTAC NpNF: Thomas Woodard STdIE'FdrRl Kory Roherl5oR5tatOFann PFdNE A1C wa ea': 805-642-5544 (rAo, wo:. 805fii92-5594 aFairviewAve Suite 160 N F2 EMAIL ABER s; tomas@ko tCom Goleta, GA 83117 PFDDUD�- INSURED Bengal EngMearin9, Inc. 250 84 Sur Dr Goleta. CA 93fl7 Slate Farm YEAR MAREWN11t1UFALTVI�q _ •••—••• Mp6fL ZOTZ I-e:a BpOY TYpE VEIBCLGIDEHTDiCAIM)N NUMBER RX 350 Sport WG 2T22KIBA7CC0785S3 DESCR[pTR)N SERIAL NUMBER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICY(IES} OF INSURANCE USTED BELOW PEftfCi0($J (NOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM HAS/ VE BEEN ISSUED TO THE INSURED NAEIED ABOVE FOR THE POLICY" OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN; THE INSURANCE ALL THE TERM', EXCLUSIONS AND CONDITIONS OF SUCH POLICY(IEST AFFORDED BY THE POUCY(IES) DESCRIBED HEREIN ISIARE SUBJECT TO - - N §R mat LTR !IwRe TYPEOF INSURANCE POLICY NUMREF DUCY EFFECTIVE PpUCY FXPImnow mu-Cy- OATEMMpIONYYI PATE IMIXoolrYrr, X VEHICLE LMBIL UMITS C pBNEO SING E OMIT S Z992140-F12-55 G6112i2014 12'1212014 6UDILYNJURYfFerp ,Any E I'MOOW BODILY:NJURY IPPram n,N 9 1.000.000 GENEMLLMeliflY pROPFRIY pAlMar S 1,ODO.000 EACHOCCURENCE - CuklmsImnroccuRRENCE CLAIMS MA04 GEN RAL AGGREGATE - INSRiLoUI E LTR PAYEE' TYPEDFMSI;RANCE POUCY NUMBER P0t'Cr CFT THE FDUCYEAp mm PATE (MNDdWYY) DATE(MWOdYYYYj X VCIICOILISIONLDGa UMIISI DEDNLT(BL£ MA-2992140-F12-55 06112l2014 IVI?J2014 ❑AGaEEO<Mr s UNIT X V[H COLIF" VEH OiC ❑ ❑ SYRTEDAArT $0 MD �"a"' 2992140-F72.55 IJ-pG4EEll PMT E LIMIT osl12rD1a '1 ui2nola PROPERTY " ❑ ❑SrATEo AMr $50D ow 0ACV `AGREED PSfij BASIC DAA BR � a U MR G RE ❑ STATED AMT ❑ s orn I v'SPECIAL Xj NOn-Owned Auto 308 2193-C2555 032512014 091252014 $1.000,000 Rew,ms (INOLUOING SPECIAL CONamONSWOTHEn CDVER0.GEEl IAVacb ACOAO 101.AWIXrtIgna! Remahs $CRRSNE if maro apace Iz ra'4araal ThaatlDtMfL Imox Erao:tNc br:4vnos Eecn amPp to Ew pulLy[Lx;taaC hEret bi wANrnulbvlsl '�7 A RGues'hn boon awnamcw ah'(M aminma,�N au a .oaa Mtvw bcie'pvlrYlreai i firc�hemin,b�mM nb_c,le`a VEHICLE rEDURMENT MTERESir LEASED � FINANCED N0.a1E AND ADDRE590FAOOIRpNpL INIERESf CeRlScete Holder: City of La Quints 78A95 Gallo Tampico La Quetta. CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH£ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE POLICY PROVISIONS, pOMTONAL INSIIREp LENDERS LDS$ ppyLE LOAXIIEASE NUMBER ACORD 23(21"WOS) The AGORD name and logo are registered marks of ACORD LOSS PAYEE 10043rl 142987.2 01.28-2013 VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE DATEIWlOOYY Y W0312014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. This form is used to report coverages provided to a single specific vehicle or equipment Do not use this ferm to report Hability coverage provided to multiple vehicles undo r_a single policy. Use ACORD 2S for that purpose. PRODUCER S}d(EFd1Yl1 KOry Robertson State Faun CONracl . NAMEThomas NfooddrePHONE - - —I_C, .vo. Sac 8051302-5544 ac. NO 805.6U-6594 EAVNL 1 K N FlUview Ave Su'Io 2 AA . Goleta. CA 93117 ApORE55: tnDn40SAkory51.COm PRODUCER CVST0.YER lO N. WSURERSi AFFORDING COvn.,G {. .- I NAICA _ INSURED Bengal Ep[jltl@erin(j, Inc. INSURERA:State Farm MOtUaI Ap1Dm,4ee O;AraO[O CDmpROy 2$176 LUSURER B: 2SOBig Sur Or. iN3uR[RDi Goleta, GoIeLT, CA 1^13117 __� IHSVRlR D: NSUPFp [ DESCRIPTION OF VEHIC.LF nR FnmpNTeur YEAR I MAKE1MANUFACTURPR MODEL I SOW TYPE I VEHKLE IDENTIFICATION NUMBER. 2004 HDnda Pf1w, f Spor?WG 2HKYF18474H507517 DESCRIPTION 5[IOAL MAIMER CnVFRArWQ ----— KLVIbION NUMBER: THIS IS TO.CERDPy;LISTEDBELO',VHAffib VEBEEN IS SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODfS) INOCATEDEN f. TERM OR CONDITION OF ANY' CONTRACT OR OTHER DOCU%.LNT WITH RESPECT TO WHICH THIS CERTIFIC. THE INSURANCE AFFORDED BY THE. POLICYOESj DESCRBLO HERE9N 18JARE SUBJECT TO ALL THE TERSfS. EXCIOUCYf ES?. MSR LTR qvn IINSRD: (YPE OP INSR POLICY EFFECirvL GATE fMMNOiYYYY1 PoL10'E>DIMTICa DATE1MWDeryPYY) LMRB X VEHICLE LIABI IDOI-MIN0 S.IGLE JAR i2`12i2O13 C$+1212914 eu;arlaaupr:?_onrrmi S 1.000.00_D e.^.DLyINJURY(Puee-nIl S 1 C•00.000 INSRiLD'S LTR Pgvr` '-I— GENERAL LNUULn CCCURR=rICE Ap./S bta9£17 TYPE OP I.Y5URA4CF._ POLICY NUMDER PoLILY EFFELTr pFTr(MrNDOnnl POUc, EZPIRATION DATE (MMlDO`YYYYI FROP_RY rli•SAGE (3 1.GGC.DOD Ea^H ri::(:'.IFEPCE S OENEWU nCCREG4.P_ 5 4 LIMITS I OU UCn6LE 1 �X JEH COI LciiONlOa: 29S 2i41-Fi2 55A ' I V'12J2D13 'ri D&IZ2014 ACV []ACREED ALti 5 LPUT I XIVF4 CIivPr r'.IF11 C.1C �u 2A9214LF12-SSA 12i1Z2013 I 05i12i2014 ``L ❑ ❑FT.4TED kMI xO OEo -- ACV El ur s f OLINT =I G crATFnaLIT x 500 DED ED PaQvfatt 3ASr_ 13HOAD I � �_ ❑ ACV F-I AGRELDALA ❑ Rc n DraTE2.:vr S LIMB -2 s DE) X Non-CMnec Auto 308 2193-C25-55 DJU25.J2D14 09;252014 $1,000.OGO UN SDUCLUDWG SPECULLCOROmONSf OTHER COVERACE51 IAWcA ACCAO/Dt, A"G no zme Scl,Nui,Jmam 6W�d is requ:real AnnITinuAI IIJTGDCCV IMa 9Jr54�::� rlvC..l f.C5;f1:eL!:,:I+n' 1:: COVY: dCJeJ lu Ltn y[:IiCrrif-[j Ic'M flE.in Dj Pclicj min:v`fli:�. ran:-:ea,::.amitxmo.r-n ms aodl�n:alir.:::-.�m:rea f.:�r.:: r�P=1e:r.:r, VEMCLE J EQUIPMENT INTEREST: I LP.ASED ( IFI.Km NAMf axO gpDRE330F ADW➢O.vaLtM1TfRE3T CeItficato HQldec City of La OuinG 78495 Callo Tampir, La GGima, CA S2253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DESCRIPTION OF THE "DRIONAL W 1kREST 7 ADDWU)NALIKSUREB I 'L0.55 PAYEE LENDERS LO35 PAVES LOAN, LERSE.... FR rinhfc .xx.Vr3u Aa tzuTu1uD1 The ACORD name and logo are registered marks of ACORD 1WA361 14298T7 OL?(L?o1A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I. Additional Insured by Contract, Agreement or Permit Under SECTION II — UABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreementor pernitthat such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liabilityfor "bodily injury, "property damage" or "personal and advertising injury' caused, in whole or in part, by (1) Your actsoromissions;or (2) The acts or omissions of those acting on your behalf, butonlywith respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or perm it; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primarybasis if that is required by the written contract, agreement or permit. b. This provision does not apply. (1) Unless the written contract or written agreementhas been executed or permit has been issued prior to the "bodily injury, "property damage" or "personal and advertising injury'; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury', "property damage" or "personal and advertising injury arises out of the sole negligence of the lessor; (4) To any. (a) Owners or other interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury', "property damage" or "personal and advertising injury' arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (5) To "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services. This includes but is not limitedtoany professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided to anyother insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. Additional Insured by Contract, Agreement or Permit —Primary and Non-contributory The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION 11 - LIABILITY, Part C — Who is An Insured, is primaryand non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION If — IJABILITY, Part A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. 391.1586 02 11 Includes copyrighted material of InsuranceServices Offices, Inc.,w ith its permssion Page 1 of 2 We will not seek contribution from any (1) The total amount that all such other other insurance available to the insurance would pay for the loss in the Additional Insured except: absence of this insurance; and (1) For the sole negligence of the (2) The total of all deductible and self - Additional Insured; insured amounts under all that other (2) When the Additional Insured is an insurance. Additional Insured under another Wewillsharethe remaining loss, if any, with primary liability policy, or any other insurance that is not described in (3) When b.(2) below applies. this Excess Insurance provision and was not If this insurance is primary, our bought specifically to apply in excess of the obligations are not affected unless Limits of Insurance shown in the any of the other insurance is also Declarations of this Coverage Part. primary. Then, wewill share with all c. Method Of Sharing that other insurance by the method Ifall of the other insurance permits contributiondescribed in b.(3) below. by equal shares, we will follow this method also. b. Excess Insurance Under this approach each insurer contributes This insurance is excess over: equal amounts until ithas paid its applicable limit (1) Any of the other insurance, whether of insurance or none of ,the loss remains, whichever comes first. primary, excess, contingent or on any other basis: If any of the other insurance does not permit contribution by equal shares, we will contribute (a) That is Fire, Extended by limits. Underthis method, each insurer's share Coverage, Builder's Risk, is based on the ratio of its applicable limit of Installation Risk or similar insurance to the total applicable limits of coverage for "your work"; insurance of all insurers. (b) That is Fire insurance for Ig. Aggregate Umlt of Insurance (Per Project) premises rented to the Additional Insured or a. For purposes of the coverage provided by this temporarily occupied by the endorsement, D. Liability and Medical Additional Insured with Expenses Limits of Insurance under Section II permission of the owner; — Liability is amended byadding the following: (c) That is insurance purchased by The General Aggregate Limit under D. Liability the Additional Insured to cover and Medical Expenses Limits of Insurance the Additional Insured's liability applies separately to each of "your projects" or as a tenant for "property each location listed in the Declarations. damage"to premises rented to b. For purposes of the coverage provided by this the Additional Insured or endorsement F. Liability And Medical temporarily occupied by the Expenses Definitions under Section II - Additional Insured with Liability is amended by adding the following: permission of the owner; or a. "Your project" means: (d) If the loss arises out of the maintenance or use of aircraft, 1. Any premises, site or location at, on, or "autos" or watercraft to the in which "your work" is not yet extent not subject to Exclusion completed; and g. of SECTION 11 — LIABILITY, II. Does not include any location listed in Part A Coverages, 1. the Declarations. Business Liability. IV. Blanket Waiver of Subrogation When this insurance is excess, we will have Paragraph K Transfer Of Rights Of Recovery no duty under SECTION 11 — LIABILITY, Against Others To Lis in Section Ill — Common Policy Part A Coverages, 1. Business Liability to Conditions is amended by the addition of the following: defend the insured against any "suit" if any other insurer has a duty to defend the We will waive any right of recovery we may have insured against that"suit". If nootherinsurer against any person or organization when you have defends, we will undertake to do so, but we agreed in a written contract, permit or agreement to will beentitiedtDthe insured'srightsagainst waive any rights of recovery against such person or all those other insurers. organization becauseof payments we make for injuryor damage arising out of your ongoing operations or 'your insurance When this insurance is excess over other is icesy incurwe work" done under a contract with that person or insurancel our soverhare otherf the organization and included in the "products -completed amount of the loss, if any, that exceeds the operations hazard". sum of: 391-1586 0211 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2