RFP - Dune Palms Bridge Project 2011-05 (Oct 2013)
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
CITY OF LA QUINTA
REQUEST FOR PROPOSAL
PROFESSIONAL ENGINEER SERVICES
DUNE PALMS ROAD LOW WATER CROSSING REPLACEMENT
AT THE COACHELLA VALLEY STORM WATER CHANNEL
CITY PROJECT NO. 2011-05
FEDERAL AID PROJECT NO. BRLKS-5433(014)
The City of La Quinta requests proposals from qualified professional engineering consultants to
prepare the plans, specifications and engineer’s estimate (PS&E) for the replacement of the Dune
Palms Road low water crossing with a new all-weather bridge, “Bridge No. 00L0070, Dune Palms
Road Bridge over Coachella Valley Storm Water Channel”, City Project No. 2011-05, Federal Aid
Project No. BRLKS-5433(014).
Interested proposers are encouraged to register with the City of La Quinta for any updates or
addendums that may be issued on the project.
Purpose
The purpose of the proposed improvements is to replace the existing low water crossing spanning
the Coachella Valley Storm Water Channel at Dune Palms Road with an all-weather access bridge.
During severe winter and summer storms, the existing Dune Palms Road low water crossing is
frequently inundated and damaged due to debris flows within the storm water channel. In the
interest of public health and safety, and in response to community concerns regarding frequent
closures of the low water crossing, the City has determined that replacement of the low water
crossing with a new bridge is the best way to ensure all weather access is maintained to the
community.
The proposed improvements will provide Coachella Valley motorists and pedestrians a safe path of
travel across the Whitewater River at Dune Palms Road regardless of adverse weather. The
project will also provide reliable access for emergency vehicles and improve traffic circulation on
Dune Palms Road and the surrounding project areas. For pertinent project information, Vicinity
Map, and project photos please refer to the application for Caltrans Highway Bridge Program funds,
prepared by RBF Consulting provided in Attachment 1.
Project Description
The proposed improvements will:
1. Replace the existing low water crossing with a new all-weather bridge consisting of a curb to
curb roadway width of 72 feet with a 6-ft sidewalk on each side of the bridge. A
“preliminary” bridge General Plan has been prepared and is provided in Appendix C of
Attachment 1.
2. Construct channel improvements immediately upstream and downstream of the proposed
bridge consisting of concrete slope protection and cutoff walls to protect the bridge
foundations from scour.
3. Construct bridge approach roadway improvements (including drainage) to accommodate the
raised profile for the proposed bridge.
The proposed bridge is anticipated to be approximately 480 feet long and approximately 86 feet
wide. The typical section will include a 6-ft sidewalk on both sides of the bridge, two (2) 6-ft
shoulders, two (2) 12-ft outside lanes, two (2) 12-ft inside lanes, and a 12-ft painted median.
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
The project will include special architectural treatment to achieve the community design goals. The
consultant will perform a project specific aesthetics study during Phase 1 of the project. Also, all
utility relocation and Right-of-Way acquisition efforts shall be coordinated appropriately in addition
to meeting all the resource agency permit requirements.
Project Funding
The project is partially funded with Federal Highway Bridge Program (HBP) funds administered
through the California Department of Transportation (Caltrans). As such, the selected 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.
The City has successfully obtained funding obligation to prepare Phase I - Project Approval and
Environmental Documents; and Phase II - Plans, Specifications, and Estimate. It is envisioned that
Phase I will allow the project to be developed through approximately 35% of the engineering phase.
Phase II will not be authorized until the City obtains approval of all environmental documents and
project study reports.
General Design Parameters
Phase I – Project Approval and Environmental Documents (PA&ED)
The design consultant will be responsible for preparing, processing, and obtaining approval of the
appropriate environmental document which meets the requirements of both the California
Environmental Quality Act (CEQA), and the National Environmental Protection Act (NEPA).
The consultant will prepare the Project Study Report Equivalent. This document will evaluate all
elements involved with the design and construction of the proposed bridge improvements.
Phase I shall include, but not be limited to:
Approved CEQA/NEPA Environmental Document(s)
Required Resource Agency Permits (ACOE, etc.)
Channel Hydraulic Analysis
Engineering related Aerial/Field Survey
Identification of utility conflicts and coordination with appropriate utility companies
Preparation of Base Map (The base map will include all utilities and potential obstructions)
Geotechnical Studies including Preliminary Foundation Report
Street Light Layout
Aesthetic Studies
Preliminary street plan and profile (35% design level)
Bridge Type Selection Report with General Plan and Foundation Plan
Preliminary Engineer’s Estimate
Meetings with City Staff
Phase II – Plans, Specifications, and Estimate
The design consultant will be responsible for preparing the project plans, specifications and
itemized engineer’s estimate (PS&E).
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Phase II shall include, but not be limited to:
Completed project plans
Final itemized engineer’s estimate with backup quantities and unit costs
Project Specifications and Bid Documents including a detailed project description,
preparation of bid schedule, bid item descriptions, payment methods, special provisions,
technical specifications, and any specification detail sheets specific to the project
Traffic Control Plan for a street closure. A pedestrian crossing shall be designed along the
current Dune Palms Road for use for the public during construction.
All environmental documents for use during construction, including but not limited to
SWPPP, Dust Control, and Drainage.
Mitigation Monitoring Report (if necessary)
Required Right-of-Way documents, permits and acquisitions.
Continued coordination with affected utilities and obtain clearances and/or permits
Meetings with City Staff. The Consultant may be required to attend up to two (2) City
Council Meeting.
Design support during construction. This includes attending the pre-bid meeting,
responding to contractor requests for clarification during the bid process, reviewing shop
drawings, and responding to RFIs to clarify the plans and/or specifications during
construction. In, addition the design consultant will provide a 4-scale drawing of the bridge.
Project Development Process
1. Pre-Design Meeting
Meet with City staff to clarify design objectives
2. Prepare Environmental Documents
Obtain approval for appropriate NEPA/CEQA environmental procedures and
technical studies
3. Right-of-Way
Obtain all Right-of-Way acquisitions, utility clearance and appropriate regulatory
agency permits, which result in an Approved ROW Certification from Caltrans.
4. Agency Approval
Submit PS&E and/or other necessary documents to City to obtain approval. At a
minimum, the consultant should plan for the following plan check submittals:
1. 1st Review - 35% Concept Review
The Concept Review: Consultant submits geometric approval drawings
showing preliminary geometric layout, structure type selection, and preliminary
estimates. If the project involves roadway work, the plan set must contain a
plan view depicting geometric layout of traffic lanes. Curve and taper
information must be shown, but signage and striping type detail are not
required. IID's approved power source shall be shown on the plan for
permanent electrical power. All utility conflicts must be noted at this time so
advance preparations for clearing the utilities can begin. It should be noted
that the "concept review" stage frequently involves revisions and re-submittal
before the consultant is authorized to proceed to the next stage. Getting the
concept correct is a critical aspect to efficiently completing a custom design.
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
2. 2nd Review - 65% Unchecked Details
The 65% Unchecked Details: The consultant submits a complete set of plans
with ALL SHEETS included in the plan set and a complete set of
specifications. It is permissible to omit some detailing, but plan sheets and
specification sections representing all disciplines must be submitted in the 2nd
Review.
3. 3rd Review - 90-100% Check Plans, Specs, & Engineer's Estimate
The 90-100% Check: This submittal includes everything complete in final form
(no mylars) that the consultant believes is necessary to construct the project.
The consultant should submit plans that have been independently checked by
a 3rd party within its organization for completeness and accuracy. The project
specifications and engineer's estimate should be equally complete.
Based upon comments received from the City, consultant will revise the Plans,
Specifications, and Estimates (PS&E) and resubmit.
Staff approved PS&E will be submitted to the City Council for approval.
All approved plans will be provided to the City on compact disc in AutoCAD 2010 or
higher format and PDF, as well as on “Arch D” size Mylar. Specification documents,
including technical specifications, will be provided on compact disc in Microsoft
Word for Windows format with all hidden text shown as well as in PDF. The
Engineer’s estimate will be provided in Excel for Windows format as well as PDF.
5. Bidding Phase
The consultant will be expected to provide technical support during the bidding and
award process.
Proposal Format
Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly
marked with the consultants name, address and phone number. Only one proposal per consultant
will be considered.
Proposal packages are to be submitted to the City on/or before Monday, November 18, 2013 at/or
before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Any
questions must be submitted by 2:00 p.m. on Monday, November 11, 2013. Proposal packages
are to be delivered to:
Tim Jonasson, PE, Director of Public Works/City Engineer
City of La Quinta Public Works Department
78-495 Calle Tampico
La Quinta, CA, 92253
Consultants are encouraged to keep their proposals brief and relevant to the specific work required.
Proposals shall include the following items:
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
1. Work Proposal (envelope 1) - submit 4 copies
Cover Letter
o The name, address and phone number of the consultant’s contact person
for the remainder of the selection process.
o Any qualifying statements regarding the consultant’s proposal, the
information provided in the RFP or the proposed contract.
o Identification of sub-consultants and their responsibilities.
Statement of Qualifications
o A listing of proposed project personnel, including personal experiences
and individual resumes for prime and sub-consultants.
o Consultant and sub-consultant experience with similar work, including
names and current phone numbers of reference for listed projects.
Project Understanding and Approach
o A description of your project understanding, and how you will approach
the project.
Scope of Work Program
o A detailed description of the tasks, sub-tasks, and deliverables that will be
provided.
Project Schedule
o A comprehensive Critical Path Method (CPM) schedule is to be submitted
describing the nature and scheduling of proposed tasks and reflecting
December 4, 2013 as the start date. The project schedule should include
all approvals expected during the project period.
2. Cost Proposal (envelope 2) – submit 2 copies.
The consultant is to submit a detailed cost proposal for all services and materials
anticipated in completing the project. Man-hours and extended billing rates per
classification of personnel will be indicated for each defined task and/or sub-task.
Miscellaneous Requirements
DBE Requirements:
This project is subject to Title 49 CFR 26.13(b). The selected consultant, and any subconsultants,
shall not discriminate on the basis of race, color, national origin, or sex in the performance of any
contract that results from this solicitation. The selected consultant shall carry out applicable
requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts.
Failure to carry out these requirements would be a material breach of any contract, and may result
in the termination of the contract or such other remedy as the recipient deems appropriate.
The selected consultant shall take necessary and reasonable steps to ensure that DBEs have
opportunity to participate in the contract (49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City of La
Quinta has established a Disadvantaged Business Enterprise (DBE) goal of 1.00% for this project.
DBE is a firm that meets the definition of DBE.
The Agreement will require the consultant to meet the DBE goals shown above and in form 10-I or
demonstrate that adequate good faith efforts were made to meet this goal.
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
It is each offeror’s responsibility to verify that firms are certified as DBE at the date of Proposal
opening. For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
All DBE participation will count toward the California Department of Transportation’s federally
mandated statewide overall DBE goal.
This RFP contains the following forms that must be filled out, signed and submitted with the
proposal:
1. Exhibit 10-O1 Local Agency Consultant DBE Commitment
2. Exhibit 10-O2 Local Agency Consultant DBE Information
Additionally, Caltrans LAPM Exhibit 10-I "Notice to Proposers DBE Information" is included in this
proposal as Attachment 2.
Pre Award Audit
In accordance with Caltrans requirements and procedures, the selected consultant’s final,
negotiated cost proposal will be subject to a pre-award audit by Caltrans and/or the City of La
Quinta. The pre-award audit must be complete and approved by Caltrans prior to the City awarding
a contract to the selected Consultant.
Offerors that have successfully completed a pre-award audit with Caltrans within the past twelve
months should indicate such approval in their proposal and include a copy of the audit approval
letter. If the City elects to conduct the pre-award audit in-house, and the selected consultant has
successfully completed an audit within the past twelve months, the City will expect the Consultant to
furnish its auditors with the details of the approved audit.
Selection Process
Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the
consultants for contract negotiations based upon the materials submitted within the Work Proposal.
The Proposal Evaluation Form to be used by the Selection Committee is included in this Request
for Proposals as Attachment 3. The Committee may or may not choose to interview two or more
closely-rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals
will be opened only after the ranking process is complete.
The City will open contract negotiations with the top-ranked firm. The successful consultant will be
expected to review and enter into the attached (Attachment 4) Professional Services Agreement.
Proposer's Conference
A proposer's conference will be held at the City of La Quinta on Monday, November 4, at 10:00
AM. Attendance is not mandatory and proposers may receive the meeting minutes upon
request.
Attachments
This request for proposals contains the following attachments:
1. Application for Highway Bridge Program (HBP) Funds to Replace Low Water Crossing at
Dune Palms Road over the Coachella Valley Storm Water Channel
2. Exhibit 10-I Notice to Proposers DBE Information
3. Proposal Evaluation Form
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
4. City of La Quinta Professional Services Agreement
5. Required Federal Forms
a. Exhibit 10F Certification of Consultant, Commissions, and Fees
b. Exhibit 10-O1 Consultant Proposal DBE Commitment
c. Exhibit 10-O2 Consultant Contract DBE Information
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Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
CITY OF LA QUINTA
REQUEST FOR PROPOSAL
DUNE PALMS ROAD BRIDGE IMPROVEMENTS
CITY PROJECT NO. 2011-05
FEDERAL AID PROJECT NO. BRLKS-5433(014)
The following is a summary of costs to provide the services outlined in the Request for Proposals
for professional engineering consultants to prepare the PS&E for the Dune Palms Road Bridge
Improvements, City Project No. 2011-05, Federal Aid Project No. BRLKS-5433(014), and will be
used as the basis for negotiating a Professional Services Agreement:
Project Phase Total Fixed Fee
1. Phase I – Project Approval & Environmental Documents
2. Phase II – Plans, Specifications, and Estimate
TOTAL LUMP SUM FIXED FEE: $
Attached herein is a detailed man-hour and fee breakdown by task and sub-task as defined
within our proposal.
__________________________________
Prime Consultant Date Signed
Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Attachment 1
Application for Highway Bridge Program (HBP) Funds
To Replace Low Water Crossing at Dune Palms Road Over
Coachella Valley Storm Water Channel
Dune Palms Road Bridge over CVSWC
Application for HBP Funds
6
Dune Palms Road is classified as a four lane divided secondary arterial roadway per the City’s
General Plan. The street section per the General Plan for a secondary arterial is a minimum of 72
feet curb to curb, which accommodates four through lanes, a center median and/or continuous left
turn lane, and 6’ bike lanes along both outside lane edges. This corridor provides connectivity for
the surrounding residential areas to three Primary Arterial roadways (Fred Waring Drive, Miles
Avenue and Avenue 48) and one Major Arterial roadway (Highway 111).
The elevation of the Dune Palms Road crossing is at an elevation that minor rain events (2-year
frequency) will cause full street closure and detour for both vehicle and pedestrian traffic. The
project would result in an all weather crossing that will provide a safer more reliable route for
emergency vehicles, motorists, pedestrians and bicyclists traveling along this corridor. In addition,
this bridge would provide 24-hour/7-day public safety accessibility along this corridor during all
weather related events.
Along with an all-weather crossing, the proposed project improvements will include a significant
vertical grade raise to meet the hydraulic requirements of the Coachella Valley Water District
(CVWD). Both the north and southbound street approaches will be surfaced with rubberized asphalt
which absorbs and reduces vehicle traffic noise. In addition, the project will follow current methods
for reducing noise generated from traditional concrete bridge decks. As a part of the bridge
construction, concrete slope protection will be installed along the north side of the channel.
Additionally, minor removal and replacement of slope protection will be required on the south side
of channel west of the proposed bridge and extension of slope protection approximately 500 feet
downstream of the proposed bridge, CVWD requirement. Based on revised CVWD standards for
scour countermeasures, scour protection on the bottom of the channel may be a requirement .
Integrated into the southern slope protection will be a recreational trail under crossing of the bridge
as well as trail connector to the pedestrian and bike facilities along Dune Palms Road. The
Coachella Valley Association of Governments (CVAG) and the communities within the Coachella
Valley are working together on the implementation of a regional NEV/Bike/Pedestrian corridor
along Whitewater River/Coachella Valley Stormwater Channel. The project will include a trail
undercrossing at southern abutment to facilitate the safe crossing of Dune Palms Road. See
Appendix L for additional information on the future NEV/Bike/Pedestrian corridor.
The City has conducted a bridge conceptual planning study, preliminary roadway planning study,
and preliminary hydraulics analysis to determine the required structure, roadway and channel
improvements. A preliminary scope of work is identified in this document with additional project
details described in the appendices. This application package provides a brief background for the
bridge, technical data, and presents a scope of work to be performed, which would improve this
bridge to meet current city standards. In support of this application package, the City has performed
the following tasks:
• Conducted site reconnaissance and photo documented the existing condition of the low water
crossing,
• Preformed preliminary bridge planning study,
• Prepared preliminary roadway plans,
• Preformed channel hydraulics to determine preliminary 100-year and SPF water elevations,
and
• Developed preliminary project scope, cost and schedule for the proposed project .
Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Attachment 2
Exhibit 10-I Notice to Proposers DBE Information
Local Assistance Procedures Manual EXHBIT 10-I
Notice to Proposers DBE Information
EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION
The Agency has established a DBE goal for this Contract of ____________%
1. TERMS AS USED IN THIS DOCUMENT
• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term “Agreement” also means “Contract.”
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
• The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts
financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant
must ensure that DBEs and other small businesses have the opportunity to participate in the performance
of the work that is the subject of this solicitation and should take all necessary and reasonable steps for
this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in
the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be
included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the
proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the
proposer must document adequate good faith efforts. All DBE participation will be counted towards the
contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if
no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
1.00
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Notice to Proposers DBE Information
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a
combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its
responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all
DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If
you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of
Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business and Economic
Opportunity Web site at: http://www.dot.ca.gov/hq/bep/.
1. Click on the link in the left menu titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment
that produces on the premises the materials, supplies, articles, or equipment required under the Contract
and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse,
or other establishment in which the materials, supplies, articles or equipment of the general character
described by the specifications and required under the Contract are bought, kept in stock, and regularly
sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be
an established, regular business that engages, as its principal business and under its own name, in the
purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk
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Notice to Proposers DBE Information
items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or
maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or
Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons
who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be
limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
similar services.
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LPP 13-01 May 8, 2013
Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Attachment 3
Proposal Evaluation Form
CITY OF LA QUINTA
REQUEST FOR PROPOSAL EVALUATION
Project Name: Dune Palms Road Bridge over Whitewater River - 2011-05
Consultant:___________________________________________________________
Reviewer: Date:_______________
Score each category from 1 to 20 with 1 being the worst.
Project Understanding and Approach 20
Project Experience 20
Scope of Work 30
Schedule 10
Presentation 5
Format 5
Unique Qualities (Intangibles) 10
Total 100
Unique Qualities (Intangibles):
(Explanation)___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Comments:____________________________________________________________
______________________________________________________________________
______________________________________________________________________
TOTAL ______
Reviewer’s initials___________
Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Attachment 4
City of La Quinta Professional Services Agreement
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 ______________ (“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).
Last revised 9-4-13 1
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,
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 Requirements. 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.
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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 _______________________________
($____________) (the “Contract Sum”), except as provided in Section 1.6. The method
of compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the services, payment for time and materials based upon Consultant's rate schedule,
but not exceeding the Contract Sum, or such other methods as may be specified in the
Schedule of Compensation. 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 Schedule of
Compensation. Regardless of the method of compensation set forth in the 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.
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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 Majeure. 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
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 _____________ and
terminate on ____________ (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. ____________________________
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.
Last revised 9-4-13 4
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.
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.
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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)
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 or disease.
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
Last revised 9-4-13 6
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.
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 coverage by
Consultant. Consultant and City agree to the following with respect to insurance
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.
Last revised 9-4-13 7
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
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.
Last revised 9-4-13 8
11. The City reserves the right at any time 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.
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.
Last revised 9-4-13 9
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.
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.
Last revised 9-4-13 10
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
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. Applicability 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
Last revised 9-4-13 11
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
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.
Last revised 9-4-13 12
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 indemnify 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.
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.
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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 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
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
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.
Last revised 9-4-13 14
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
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.
Last revised 9-4-13 15
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: To Consultant:
CITY OF LA QUINTA _________________________
Attention: Frank Spevacek, _________________________
City Manager _________________________
78-495 Calle Tampico _________________________
La Quinta, California 92247 _________________________
10.2 Integrated 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 9-4-13 16
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
_______________
Frank J. Spevacek, City Manager Date
ATTEST:
______________________________________
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM:
___________________________________
M. Katherine Jenson, City Attorney
CONSULTANT:
By: ___________________________ Date:_________________
Name:
Title:
Last revised 9-4-13 17
Exhibit A
Scope of Services
The Consultant’s Scope of Work, dated _____________, is attached and made a
part herewith.
Last revised 9-4-13 18
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 _____________________________________ ($____________)
(“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 19
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 20
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 (f). 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 1
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 3
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 all 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 et 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 177, 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 7
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.
Exhibit D Special Federal Requirements 8
Dune Palms Road Low Water Crossing Replacement
at Coachella Valley Storm Water Channel
City of La Quinta
Public Works Department
Attachment 5
Required Federal Forms
a. Exhibit 10F Certification of Consultant, Commissions, and Fees
b. Exhibit 10-O1 Consultant Proposal DBE Commitment
c. Exhibit 10-O2 Consultant Contract DBE Information
Local Assistance Procedures Manual EXHBIT 10-F
Certification of Consultant, Commissions & Fees
EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES
I HEREBY CERTIFY that I am the , and duly authorized
representative of the firm of , whose address is
, and that, except as hereby
expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above consultant) to
solicit or secure this contract; nor
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services
of any firm or person in connection with carrying out the contract; nor
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or
in connection with, procuring or carrying out this contract.
I acknowledge that this Certificate is to be made available to the California Department of Transportation
(Caltrans) in connection with this contract involving participation of federal-aid highway funds, and is subject to
applicable state and federal laws, both criminal and civil.
(Date) (Signature)
Distribution: 1) Local Agency Project File (Original & Contract)
2) DLAE (with contract copy)
Page 1 of 1
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
(Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1. Local Agency Name: ________________________________________________________________________________________
2. Project Location: ___________________________________________________________________________________________
3. Project Description: _________________________________________________________________________________________
4. Consultant Name: __________________________________________________________________________________________
5. Contract DBE Goal %: ________________
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
Local Agency to Complete this Section
16. Local Agency Contract Number: ________________________________________________
17. Federal-aid Project Number: ___________________________________________________
18. Proposed Contract Execution Date: ________________________
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
_____________________________________________________________________________
19. Local Agency Representative Name (Print)
___________________________________________________ ________________________
20. Local Agency Representative Signature 21. Date
___________________________________________________ ________________________
22. Local Agency Representative Title 23. (Area Code) Tel. No.
10. Total
% Claimed
___________ %
________________________________
11. Preparer’s Signature
________________________________ 12. Preparer’s Name (Print)
________________________________
13. Preparer’s Title
____________ ___________________
14. Date 15. (Area Code) Tel. No.
Distribution: (1) Original – Consultant submits to local agency with proposal
(2) Copy – Local Agency files
Page 1 of 2
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT
Consultant Section
The Consultant shall:
1. Local Agency Name – Enter the name of the local or regional agency that is funding the contract.
2. Project Location - Enter the project location as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab,
Overlay, Widening, etc.).
4. Consultant Name - Enter the consultant’s firm name.
5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I Notice to Proposers
DBE Information form. See LAPM Chapter 10.
6. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be
performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item
is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
7. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the
prime consultant’s name and telephone number, if the prime is a DBE.
8. DBE Cert. Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are
opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
9. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime
is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
10. Total % Claimed – Enter the total DBE participation claimed. If the Total % Claimed is less than item “6. Contract DBE Goal”,
an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the
LAPM).
11. Preparer’s Signature – The person completing this section of the form for the consultant’s firm must sign their name.
12. Preparer’s Name (Print) – Clearly enter the name of the person signing this section of the form for the consultant.
13. Preparer’s Title - Enter the position/title of the person signing this section of the form for the consultant.
14. Date - Enter the date this section of the form is signed by the preparer.
15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
The Local Agency representative shall:
16. Local Agency Contract Number - Enter the Local Agency Contract Number.
17. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
18. Contract Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23.
19. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section.
20. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
21. Date - Enter the date the Local Agency Representative signs the form.
22. Local Agency Representative Title - Enter the position/title of the person signing this section of the form.
23. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
Page 2 of 2
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-O2
Consultant Contract DBE Information
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE INFORMATION
(Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form)
Consultant to Complete this Section
1. Local Agency Name: ________________________________________________________________________________________
2. Project Location: ___________________________________________________________________________________________
3. Project Description: _________________________________________________________________________________________
4. Total Contract Award Amount: $ ______________________
5. Consultant Name: __________________________________________________________________________________________
6. Contract DBE Goal %: ________________
7. Total Dollar Amount for all Subconsultants: $ ______________________
8. Total Number of all Subconsultants: _______________
Award DBE/DBE Information
9. Description of Services to be Provided 10. DBE/DBE Firm
Contact Information 11. DBE Cert.
Number 12. DBE Dollar
Amount
Local Agency to Complete this Section
20. Local Agency Contract Number: ________________________________________________
21. Federal-aid Project Number: ___________________________________________________
22. Contract Execution Date: ________________________
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
_____________________________________________________________________________
23. Local Agency Representative Name (Print)
___________________________________________________ ________________________
24. Local Agency Representative Signature 25. Date
___________________________________________________ ________________________
26. Local Agency Representative Title 27. (Area Code) Tel. No.
13. Total
Dollars
Claimed
$ ___________
14. Total
% Claimed
__________ %
________________________________
15. Preparer’s Signature ________________________________ 16. Preparer’s Name (Print)
________________________________
17. Preparer’s Title
____________ ___________________
18. Date 19. (Area Code) Tel. No.
Caltrans to Complete this Section
Caltrans District Local Assistance Engineer (DLAE) certifies that this form
has been reviewed for completeness:
___________________________ _______________________________ ______________
28. DLAE Name (Print) 29. DLAE Signature 30. Date
Distribution: (1) Copy – Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment.
(2) Copy – Include in award package sent to Caltrans DLAE
(3) Original – Local agency files
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LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-O2
Consultant Contract DBE Information
INSTRUCTIONS - CONSULTANT CONTRACT AWARD DBE INFORMATION
Consultant Section
The Consultant shall:
1. Local Agency Name – Enter the name of the local or regional agency that is funding the contract.
2. Project Location - Enter the project location as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab,
Overlay, Widening, etc).
4. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
5. Consultant Name - Enter the consultant’s firm name.
6. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I Notice to Proposers
DBE Information form. See LAPM Chapter 10.
7. Total Dollar Amount for all Subconsultants – Enter the total dollar amount for all subcontracted consultants. SUM = (DBE’s +
all Non-DBE’s). Do not include the prime consultant information in this count.
8. Total number of all subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBE’s + all Non-
DBE’s). Do not include the prime consultant information in this count.
9. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be
performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item
is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the
prime consultant’s name and telephone number, if the prime is a DBE.
11. DBE Cert. Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are
opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their
status should change during the course of the contract.)
12. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the
prime consultant if the prime is a DBE, and include DBEs that are not identified as subconsultants on the Exhibit 10-O1
Consultant Proposal DBE Commitment form. See LAPM Chapter 9 for how to count full/partial participation.
13. Total Dollars Claimed – Enter the total dollar amounts for column 13.
14. Total % Claimed – Enter the total DBE participation claimed for column 13. SUM = (item “14. Total Participation Dollars
Claimed” divided by item “4. Total Contract Award Amount”). If the Total % Claimed is less than item “6. Contract DBE Goal”,
an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the
LAPM).
15. Preparer’s Signature – The person completing this section of the form for the consultant’s firm must sign their name.
16. Preparer’s Name (Print) – Clearly enter the name of the person signing this section of the form for the consultant.
17. Preparer’s Title - Enter the position/title of the person signing this section of the form for the consultant.
18. Date - Enter the date this section of the form is signed by the preparer.
19. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the
consultant.
Local Agency Section:
The Local Agency representative shall:
20. Local Agency Contract Number - Enter the Local Agency Contract Number.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page
23.
23. Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section.
24. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their
name to certify that the information in this and the Consultant Section of this form is complete and accurate.
25. Date - Enter the date the Local Agency Representative signs the form.
26. Local Agency Representative Title - Enter the position/title of the person signing this section of the form.
27. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the
form.
Caltrans Section:
Caltrans District Local Assistance Engineer (DLAE) shall:
28. DLAE Name (Print) – Clearly enter the name of the DLAE.
29. DLAE Signature – DLAE must sign this section of the form to certify that it has been reviewed for completeness.
30. Date - Enter the date that the DLAE signs this section the form.
Page 2 of 2
LPP 13-01 May 8, 2013