RFP Avenue 50 Bridge - Prof Eng Services Project 2019-02t(v Qab(r(v
- CALIFORNIA
REQUEST FOR
QUALIFICATIONS/
PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
AVENUE 50 BRIDGE PROJECT
FEDERAL PROJECT No.: BR-NBIL(547)
CITY PROJECT No.: 2019-02
DUE BY:
August 16, 2023
BY 5 P.M.
ta Q"fra
CALIFORNIA -
REQUEST FOR PROPOSALS / QUALIFICATIONS
PROFESSIONAL ENGINEERING SERVICES
AVENUE 50 BRIDGE PROJECT
FEDERAL PROJECT No.: BR-NBIL(547)
CITY PROJECT No.: 2019-02
The City of La Quinta (City) is requesting proposals from qualified Professional Engineering
Consultants to prepare the plans, specifications, and engineer's estimate (PS&E) for the replacement
of the Avenue 50 low-water crossing (OOL-0091)with a new all-weather bridge, Avenue 50 Bridge
over the La Quinta Evacuation Channel, Federal Project No. BR-NBIL(547), City Project No. 2019-
02.
Project/Services Title: Avenue 50 Bridge
Issue Date: July 12, 2023
DUE DATE: August 16, 2023
Requesting Department: Public Works Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals can be submitted via hand delivery or mail, and email. All proposals must bear
original or electronic signatures.
Submit one (1) paper original in a sealed envelope and email an electronic original, as a single
document in a .PDF format, to the following contact:
City of La Quinta
Attn: Julie Mignogna, Management Analyst, Public Works Department
78495 Calle Tampico
La Quinta, California 92253
Tel: (760)777-7041
Email: jmignogna(c)_laquintaca.gov
Email Subject: RFP — PS&E — Avenue 50 Bridge — BR-NBIL(547) — 2019-02
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or
modifications will be considered. Proposals received after the due date and time are considered
non-responsive, and will be returned unopened.
3. QUESTIONS or REQUESTS FOR CLARIFICATIONS
A Pre -Proposal Conference will be held on Wednesday, July 19, 2023 from 11:00 am to 12:00 pm
via ZOOM:
https://us06web.zoom.us/i/7375521275?pwd=N25uQOlyTmIQNERKdOsyal QrUX15QT09
Any requests for clarification or other questions concerning this RFP must be submitted in writing by
July 21, 2023; and sent via email to Julie Mignogna, Management Analyst, Public Works
Department, jmignogna(Dlaquintaca.qov
Page 1of17
ta Q"(ra
CALIFORNIA -
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or
any of its attachments, he/she shall immediately notify the City of such error in writing and request
modification or clarification of the document. Modifications will be made by addenda. Clarifications
will be provided in writing to all parties who have submitted proposals or who have requested an
RFP for purposes of preparing a proposal, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in
the RFP known to him/her, or an error that treasonably should have been known to him/her, he/she
shall submit a proposal at his/her own risk, and if he/she is awarded an agreement, he/she shall not
be entitled to additional compensation or time by reason of the error or any corrections thereof.
5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request
to Bryan McKinney, P.E., Public Works Director/City Engineer at bmckinney(c)_laguintaca.gov.
Withdrawn proposals will be returned unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal as
noted above and re -submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the
submittal deadline. Addenda will be numbered consecutively and noted following the RFP title. It is
the proposer's responsibility to ensure they have incorporated all addenda. Failure to acknowledge
and incorporate addenda will not relieve the proposer from the responsibility to meet all terms and
conditions of the RFP and any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion of
collusion among proposers, and may waive any immaterial deviation in a proposal. The City's
waiver of an immaterial defect shall in no way modify the RFP as published or excuse the proposer
from full compliance with the specifications if he/she is awarded the agreement. Proposals referring
to terms and conditions other than the City's terms and conditions as listed in the RFP, may be
rejected as being non-responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the proposer
to perform the work, and the proposer shall furnish to the City all such information and data for this
purpose as requested by the City. The City reserves the right to reject any proposal if the evidence
submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly
qualified to carry out the obligations of the agreement and to complete the work specified.
Page 2of16
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to
cancel this RFP at any time, should the project be cancelled, the City loses the required funding, or
it is deemed in the best interest of the City. No obligation, either expressed or implied, exists on the
part of the City to make an award or to pay any cost incurred in the preparation or submission of a
proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement
process through written correspondence and discussions during the period in which clarifying
addenda may be issued. The City wishes to foster cooperative relationships and to reach a fair
agreement in a timely manner. Formal proposals for major professional and technical services shall
be governed by the City's Purchasing Policy.
Protest procedures and dispute resolution process per 2 CFR Part 200.318(k), 2 CFR 172.5(c)(18).
10. NEGOTIATIONS AND FINAL AGREEMENT
The City's Agreement for Contract Services is enclosed as Attachment 1 for review prior to
submitting a proposal. An agreement will not be binding or valid with the City unless and until it is
executed by authorized representatives of the City and of the selected proposer. At the discretion of
the City, any or all parts of the successful proposal shall be made a binding part of the agreement.
11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall
remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment
for additional periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Work Proposals will be reviewed by the City's Consultant Selection Committee. Consultants will be
selected for possible contract negotiations based upon the materials submitted within the Work
Proposal. A copy of the Proposal Evaluation Form is provided in Attachment 2. The Committee may
choose to interview two or more closely -rated firms but will not expect or schedule time for
elaborate presentations.
The City will open contract negotiations with the top ranked firm. The successful consultant will be
expected to enter into the City of La Quinta Agreement for Contract Services. Should negotiations
with the top-ranked firm dissolve, the City of La Quinta will open the Cost Proposal and begin contract
negotiations with the second ranked firm, and so forth until an agreement is reached. The successful
consultant will be expected to enter into the attached Agreement for Contract Services (Attachment
1). Any exceptions taken by the Consultant on the standard contract attached must be submitted in
writing as part of its proposal to be considered.
Page 3 of 16
ta Q"fra
CALIFORNIA -
13. RFP TIMELINE
RFP Issue Date:
July 12, 2023
Deadline for Proposers' Questions:
July 21, 2023
Pre -Proposal Conference (via ZOOM):
https://us06web.zoom.us/i/7375521275?pwd=N25uQOlvTrr
July 19, 2023
11 AM — 12PM PST
QNERKdOsya1 QrUX15QT09
Proposals Submittal Deadline:
August 16, 2023
Complete Evaluations of Proposals:
August 17 — September 1, 2023
Interview Potential Consultants (if needed)
September 5 — September 8, 2023
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
September 11 — September 15, 2023
City Council Consideration and Approval:
October 3, 2023
Agreement Effective Date and
Project Start Date (Will change depending on rate approval)
October 9, 2023
14. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public
inspection, unless the proposal or specific parts can be shown to be exempt by the California
Public Records Act [California Government Code §6250 et seq]. Each proposer may clearly
label part of a proposal as "Confidential" if the proposer thereby agrees to indemnify and
defend the City for honoring such a designation. The failure to so label any information that is
released by the City will constitute a complete waiver of all claims for damages caused by any
release of the information. If a request for public records for labeled information is received by
the City, the City will notify the proposer of the request and delay access to the material until
seven working days after notification to the proposer. Within that time delay, it will be the duty
of the proposer to act in protection of its labeled information. Failure to so act will constitute a
complete waiver.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on August 17, 2023, and will be made available to the public upon
request. By submitting a proposal, the proposer acknowledges and accepts that the content
of the proposal and associated documents will become open to public inspection. The final,
executed agreement will be a public document. Proposals and other information will not be
returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by
the City, presentation to the City, travel in conjunction with such presentations, or samples of items,
shall be entirely the responsibility of the proposer.
Page 4 of 17
ta Q"fra
CALIFORNIA -
16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form included as
Attachment 3 stating that, if selected, the proposer will provide the minimum insurance coverage and
indemnification noted in Exhibits E and F, respectively, of the City's Agreement for Contract Services.
17. NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 4, executed by
an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is
involved in the making of decisions which may have a foreseeable material effect on any City financial
interest pursuant to the City's Conflict of Interest Code and the California Political Reform Act of 1974.
19. DBE AND OTHER FEDERAL INFORMATION
This project is subject to Title 49 Code of Federal Regulations Part 26 (49 CFR 26) entitled
"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs". 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 requirement 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.
Interested firms shall ensure that certified DBE firms have the opportunity to participate in the
performance of the contract and must take all necessary and reasonable steps to facilitate
participation by DBE firms for such assurance.
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 21% for this
project. DBE is a firm that meets the definition of DBE.
Page 5of16
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
17. NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 4, executed by
an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is
involved in the making of decisions which may have a foreseeable material effect on any City financial
interest pursuant to the City's Conflict of Interest Code and the California Political Reform Act of 1974.
19. DBE AND OTHER FEDERAL INFORMATION
This project is subject to Title 49 Code of Federal Regulations Part 26 (49 CFR 26) entitled
"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs". 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 requirement 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.
Interested firms shall ensure that certified DBE firms have the opportunity to participate in the
performance of the contract and must take all necessary and reasonable steps to facilitate
participation by DBE firms for such assurance.
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 21% for this
project. DBE is a firm that meets the definition of DBE.
Page 5of16
It is each offeror's responsibility to verify that firms are certified as DBE at the date of proposal
opening. For a list of DBE's certified by the California Unified Certification Program, go to:
https://caltrans.dbesystem.com/
All DBE participation will count toward the California Department of Transportation's federally
mandated statewide overall DBE Goal.
Proposers are required to review the requirements in:
• Exhibit 10-1— "Notice to Proposers DBE Information", and submit the forms:
• Exhibit 10-01 — "Consultant Proposal DBE Commitment".
The above mentioned forms are included in this proposal as Attachment 5 or can be obtained from
the Caltrans website https://dot.ca.gov/programs/local-assistance/forms/local-assistance-
Drocedures-manual-forms.
If the DBE Goal is not met, proposers shall demonstrate a Good Faith Effort to meet the goal and
submit the LAPM Form — Exhibit 15-H — "DBE Information — Good Faith Efforts" as part of
their work proposal. This 15-H is included as Attachment 5 and will not count towards the page
count.
20. SPECIAL REQUIREMENTS
This contract will be reimbursed with the Federally Funded Highway Bridge Program Funds. As such,
all consultants must comply with 48 Code of Federal Regulations (CFR) Part 31: Contract Cost
Principles and Procedures. In addition, consultants must comply with 2 CFR Part 200: Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding
sections §200.318-200.326 Procurement Standards.
This contract is subject to audit or review by Caltrans' Independent Office of Audits and Investigations
(IOAI), other state audit organizations, or the federal government. Depending on the final negotiated
contract value, the City may request, and the Consultant shall provide, documentation justifying the
audited indirect cost rates being certified. This includes, but is not limited to, FAR compliant indirect
cost rate schedules, CPA audited indirect cost rate report, prior year indirect cost rate schedule,
AASTO International Control Questionnaire Appendix B, post -closing trial balance, vacation/sick
policy, bonus policy, executive compensation analysis, and prevailing wage policy.
21. CITY RIGHTS AND OPTIONS
The City reserves the right to:
■ Make the selection based on its sole discretion;
■ Issue subsequent RFP;
■ Postpone opening proposals or selection for any reason;
■ Remedy errors in the RFP or in the RFP process;
■ Modify the Scope of Services in the RFP;
■ Approve or disapprove the use of particular subcontractors;
■ Negotiate with any, all or none of the proposers;
■ Accept other than the lowest offer;
■ Waive informalities and irregularities in proposals;
■ Request additional information or clarification;
■ Request revisions during negotiations;
Page 6 of 16
ta Q"fra
CALIFORNIA -
■ Invite any consultant of its choosing to assist with the evaluation of proposal responses or
to provide the City with a second opinion
■ Enter into an agreement with another proposer in the event the originally selected proposer
defaults or fails to execute an agreement with the City in a timely manner.
REQUESTED SERVICES
The City of La Quinta (City) is requesting proposals from qualified Professional Engineering
Consultants to prepare the plans, specifications and engineer's estimate (PS&E) for the replacement
of the Avenue 50 low-water crossing with a new all-weather bridge, Avenue 50 Bridge of La Quinta
Evacuation Channel Project, Federal Project No. BR-NBIL(547), City Project No. 2019-02.
I. INTRODUCTION
The purpose of the proposed improvements is to replace the existing low-water crossing spanning
the La Quinta Evacuation Channel at Avenue 50 with an all-weather access bridge. During severe
winter and summer storms, the existing Avenue 50 low water crossing is frequently inundated and
damaged due to 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 La Quinta Evacuation Channel at Avenue 50 regardless of adverse weather. The
project will also provide reliable access for emergency vehicles and improve traffic circulation on
Avenue 50 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 Heptagon Seven Consulting in partnership with
Bengal Engineering, linked:
httas://naiconsultina.sharefile.com/d-sa2aO82a5eObe4606b8f8f8fO32480ba8.
II. 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 76 feet with a 6 -ft sidewalk on each side of the bridge. A "preliminary"
bridge general plan has been prepared and is provided, linked:
httos://naiconsultina.sharefile.com/d-sa2aO82a5eObe4606b8f8f8fO32480ba8.
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.
Page 7 of 16
The proposed bridge is anticipated to be approximately 200 feet long and approximately 90 feet wide.
The typical section will include a 6 -ft sidewalk on both sides of the bridge, two (2) 8 -ft bike/cart path,
two (2) 12 -ft outside lanes, two (2) 11/12 -ft inside lanes, and a 12 -ft painted median.
The project will include special architectural treatment to achieve the community design goals. The
consultant will perform a project specific aesthetics study during Phase I 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.
Attached through this link are the City's Focused Drainage Study, Various Utility Maps, and Various
Record Drawings: https://naiconsulting.sharefile.com/d-s64d9ba69a8f040388da08l 1 a6a9cd9c7.
Attached through this link is the Planning Commission Agenda and Staff Report for the potential
development at the northeast corner of Washington Street and Avenue 50 with environmental
document:
https://www.laguintaca.gov/home/showpublisheddocument/48595/638230549123230000.
III. SCOPE OF SERVICES
Interested firms shall address in their qualification statements, their ability to provide the following
services if selected by the City.
Task 1. Project Management/Administration
The Consultant shall be responsible for project management activities throughout the live
of the contract including managing the schedule, budget, setting up meetings, field reviews,
and managing the project team. The Consultant must include an appropriate number of
meetings with City staff, it is anticipated that there will be monthly Project Development
(PDT) meetings held virtually with in-person meetings held once a quarter. The Consultant
may be required to attend a City Council meeting.
Deliverable(s): Monthly Progress Reports, Meeting Agendas, Minutes, and Schedule
Updates.
Task 2. Survey (Phase 1)
The Consultant shall acquire aerial and design level survey of sufficient detail to ensure
ADA compliance at all driveways and access ramps. Survey information shall also include
all above ground utilities and obstructions to ensure accurate representation of physical
impacts to private improvements including trees, bushes, fences, mailboxes, etc.
Deliverable(s): Survey Base Map.
Task 3. Utility Coordination (Phase 1)
The Consultant shall prepare utility notifications for all dry and wet utilities that will be
impacted by the project and continue open communication and coordination with each
impacted utility through the life of the project. Work shall also include potholing as needed
to confirm conflicts with proposed drainage facilities. It is anticipated that IID Transmission
Lines and Poles will need to be protected in place with all other aerial lines potentially
under -grounded.
Page 8 of 16
Deliverable(s): Atlas Maps, Utility Notifications, Utility Agreements as necessary, Potholing
as necessary.
Task 4. Geotechnical Analysis (Phase 1)
The Consultant shall perform a geotechnical analysis of the existing pavement section and
Traffic Index to determine the appropriate pavement section for the new pavement. This
work will include pavement borings to determine existing pavement thickness and
subgrade analysis to determine if the City's standard section will adequately perform under
the specified Traffic Index.
In addition, the Consultant shall prepare infiltration tests to provide adequate information
to design drywells in the project vicinity as necessary.
Deliverable(s): Draft/Final Geotechnical Pavement and Infiltration Report.
Task 5. Hydraulic Analysis (Phase 1)
The Consultant shall prepare an in-depth hydraulic report to adequately capture and
convey the 100 -year storm per City of La Quinta standards, City of La Quinta Master
Drainage Study, and CVWD freeboard requirements. The hydraulic analysis shall consider
the full drainage area that includes the intersection of the Washington Street and Avenue
50 to determine the most appropriate drainage solutions for the project. The Consultant will
also be required to coordinate with CVWD in conjunction with the City.
Deliverable(s): Preliminary Drainage Report.
Task 6. Environmental Approval (Phase 1)
The Consultant shall complete all necessary documents to ensure the project's
environmental compliance with both, the California Environmental Quality Act (CEQA), and
the National Environmental Protection Act (NEPA). The Consultant shall prepare the Initial
Study to determine if there are any project -level impacts. The Consultant shall correctly
prepare all necessary technical studies to complete the Initial Study according to all CEQA
and NEPA procedures.
The Consultant shall determine if any mitigation is required to bring project impacts below
a significant impact and draft the Mitigation, Monitoring, and Reporting Program (MMRP).
The Consultant will be responsible for the public distribution, response to comments, and
all other ancillary requirements.
Deliverable(s): Draft/Final IS/PES, Final IS (ND/MND)/ PES Document, MMRP.
Task 7. Geometric Approval Drawings (Phase 1)
Consultant shall prepare 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 utilities
can begin.
Page 9 of 16
4Qw«ra
It should be noted that the "concept review" stage frequently involves revision and re-
submittal before the consultant is authorized to proceed to the next stage. Getting concept
correct is a critical aspect to efficiency completing a custom design.
Deliverable(s): 35% Concept Design Plan.
Task 8. Final Plans, Specifications, and Estimate (Phase II)
The Consultant shall prepare a constructable set of plans for the proposed improvements.
The City will review plans at 65%, 90%, and 100%. Final Plans shall be submitted digitally
in AutoCAD 2018 or higher format and PDF, full size (Arch D). The Consultant shall prepare
the project technical specifications for the proposed improvements for City review with the
90%, 100% and final plan submittals. Specifications shall be prepared in Microsoft Word in
a City -approved format and include the bid schedule. The City will provide the front-end bid
documents, contract, and general provisions. The Consultant shall provide an Engineer's
estimate of probable construction costs with the 90%, 100%, and final plan submittal. The
estimate shall be prepared in Microsoft Excel and include sufficient bid items, as approved
by the City, for contractors to properly bid on the scope of work.
Deliverable(s): 65%, 90%, and 100% Plans, Specifications, and Estimate.
Task 9. Right of Way (Phase III)
The Consultant shall prepare all legal descriptions and plats for proper Right of Way
conveyance for the street improvements. In addition, the consultant will be responsible for
conducting the property appraisals, determining just compensation, preparing the initial
offers, negotiating with the property owners, and preparing the final agreements.
Right of Way shall also include any Temporary Construction Easements (TCE), Right -to -
Enter and Construct or any other right of way service that may be required for the project.
This also includes any and all coordination with the property owners.
Deliverable(s): Legal Descriptions and Plats, Appraisal Reports, Draft Offers, Final
Agreements, ROW Certification.
Task 10. Construction Support (Phase IV)
The Consultant shall be available to answer any bidder questions as related to the
proposed improvements during bidding and correct any errors found in the plans. The
Consultant will be expected to attend the Pre -Construction meeting after award. The
Consultant will be expected to answer any Request for Information as related to the Plans
and Specifications. The Consultant shall prepare the final Record Drawings (as-builts)
based on the red -line copies of the plans from the Contractor and Inspector.
Deliverable(s): Response to bidder questions, Responses to RFI's, Record Drawings (as-
builts).
Page 10 of 16
IV. PROJECT DEVELOPMENT PROCESS
The City has successfully obtained funding obligation to prepare Phase I — Project Approval and
Environmental Documents. It is envisioned that Phase I will allow the project to be developed through
approximately 35% of the engineering phase. Phase II, III, and IV will not be authorized until the City
obtains funding obligation for the remainder of the Preliminary Engineering Phase.
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. This will
include all mandatory reviews by Caltrans as required by the latest Highway Bridge Program
Guidelines.
Phase I shall include, but not be limited to:
• Approved CEQA/NEPA Environmental Document(s), including any required technical
studies (Proposer to recommend),
• Identify Resource Agency Permits (ACOE, etc.),
• Channel Hydraulic Analysis and coordination / approval with CVWD and Caltrans,
• 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 and coordination / approval
with Caltrans,
• Street Light Layout,
• Aesthetic Studies,
• Preliminary street plan and profile (35% design level),
• Bridge Type Selection Report with General Plan and Foundation Plan and coordination /
approval with Caltrans,
• Preliminary Engineer's Estimate,
• Meetings with City Staff.
Phase II — Plans, Specifications, and Estimate (PS&E)
The Design Consultant will be responsible for preparing the project plans, specifications, and itemized
engineer's estimate.
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,
Page 11 of 16
technical specifications, and any specification detail sheets specific to the project,
• Traffic Control Plan for a street closure and bypass for the different stages of construction.
A pedestrian crossing shall be designed along the current Avenue 50 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),
• Prepare/obtain required Resource Agency Permits (ACOE, etc.),
• 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
Meetings,
• Respond to Constructability Review comments.
Phase III — Right of Way Acquisition
The Design Consultant will be responsible for the required Right -of -Way documents, permits and
acquisitions.
Phase III shall include, but not be limited to:
• Preparation of Legal Descriptions and Plats,
• Property Appraisals,
• Preparation of Offers,
• Negotiation with Property Owners,
• Final Property Acquisition Agreements for permanent and temporary impacts,
• Utility Agreements (if necessary).
Phase IV — Construction Support
This includes attending the pre-bid meeting, responding to contractor requests for clarification during
the bid process, reviewing shop drawings, and responding to RFI's to clarify the plans and/or
specifications during construction. In addition, the design consultant will provide a 4 -scale drawing of
the bridge.
Phase IV shall include, but not be limited to:
• Attend Pre -Bid Meeting,
• Respond to Bidder Inquiries,
• Attend Pre -Construction Meeting,
• Respond to Requests for Information,
• Preparation of Record Drawings (as-builts).
Page 12 of 16
ta Q"fra
CALIFORNIA -
V. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information requested
herein. Proposals should be straightforward, concise, and provide "layman" explanation of technical
terms that are used.
The City is seeking a separate Work Proposal and a separate Cost Proposal. They should be
submitted in separate envelopes clearly marked with the consultant's name, address, phone number
and email address. Given that this is a solicitation for professional services, the City will rank the
proposals based upon qualifications and then consider cost. Only one proposal per consultant will
be considered.
All proposals shall be enclosed in sealed envelopes (Work Proposal and Cost Proposal respectively)
with the words clearly written on the front, "SEALED BID — AVENUE 50 BRIDGE — 2019-02 —
PROFESSIONAL ENGINEERING SERVICES - DO NOT OPEN WITH REGULAR MAIL."
All proposals shall be firm offers subject to acceptance by the City and may not be withdrawn for a
period of 180 calendar days following the last day to accept proposals. Proposals may not be
amended after the due date except by consent of the City. All proposals must clearly address all of
the requirements outlined in this RFP.
Proposal packages are to be submitted to the City on/or before Wednesday, August 16, 2023 at/or
before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal
packages are to be delivered to:
Julie Mignogna
Management Analyst, Public Works Department
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
All questions must be submitted in writing to the City via email to Julie Mignogna at
0mignogna .laguintaca.gov on/or before JuIV 19, 2023 at/or before 5:00 p.m.
All prime consultants that intend to submit a proposal shall notify Julie Mignogna, at
jmignognaCcD-laguintaca.gov, by July 19, 2023, at/or before 5:00 p.m., of the intend to submit a
proposal. The subject line for the email shall read "Dune Palms Road Bridge CM Services: Intent to
Submit Proposal". The email shall include the consultant's name and email address that should be
used for any RFP addenda.
Consultants are encouraged to keep their proposals brief and relevant to the specific work required.
Each proposal shall be limited to thirty (30) pages with a minimum 10pt font and must include a
minimum of three (3) references, which include the address, telephone number, and email address
of each reference. Resumes and brochures may be added, provided they are located in the appendix
at the back of the proposal. Should the proposer have concerns about meeting any noted
requirements, the proposer shall include a clearly labeled subsection in the appendices with individual
statements specifically identifying the concerns and exceptions.
Page 13 of 16
The following are NOT included in the 30 -page count:
(1) Transmittal letter
(2) Table of contents
(3) Appendices
(4) Signed Non -Collusion Affidavit Form
(5) Insurance Acknowledgement
(6) DBE forms, and DBE Good Faith Effort (as needed)
Proposals shall include the following
Present the proposals in a format and order that corresponds to the numbering and lettering
contained herein, with minimal reference to supporting documentation, so that proposals can
be accurately compared.
1. Work Proposal (envelope 1) - submit 1 bound copy and 1 electronic PDF via USB drive or
email
A. Cover Letter
(1) The name, address, and phone number of the consultant's contact person for the
remainder of the selection process.
(2) Any qualifying statements or comments regarding the consultant's proposal, the
information provided in the RFP or the proposed Agreement for Contract Services.
(3) Identification of sub -consultants and their responsibilities.
B. Statement of Qualifications
(1) A listing of proposed project personnel, including personal experiences and individual
resumes for prime and sub -consultants.
(2) Consultant's and sub -consultant experience with similar work, including names and
current phone numbers of reference for listed projects.
C. Project Understanding and Approach - A description of your project understanding and how
you will approach the project.
D. Scope of Work Program - A description of the tasks, sub -tasks, and deliverables that will
be provided. The Scope of Work Program should be presented in a logical format that can
be easily attached to the Agreement for Contract Services.
E. Project Schedule - A comprehensive Critical Path Method (CPM) schedule is to be
submitted describing the nature and scheduling of proposed tasks and reflecting
September 25, 2023, as the start date.
F. DBE Commitment
(1) Provide a completed Exhibit 10-01 "Consultant Proposal — DBE Commitment" as
described in General Terms number 19. — DBE and Other Federal Information.
(2) If the DBE Goal is not met, also include Exhibit 15-H "DBE Information — Good Faith
Efforts" to demonstrate adequate efforts were made to meet the DBE Goal.
(3) Other Federal Aid related documents, as required by Caltrans LAPM Chapter 10.
(4) (See Attachment 5)
Page 14 of 16
F. Appendices
(1) Signed Non -Collusion Affidavit Form (See Attachment 4).
(2) Insurance Acknowledgement - signed acknowledgement(s) through which each
insurance carrier that will issue any policy required in the Insurance Provisions, shall
acknowledge, warrant and represent that it possesses the ability to and shall furnish
all the insurance endorsements prescribed in the Insurance Provisions (See
Attachment 3).
(3) Staff resumes or supporting documentation.
(4) Addenda Acknowledgement (See Attachment 7).
2. Cost Proposal (envelope 2) — Submit one (1) hard copy
(Do NOT submit cost proposal electronically)
Task Based Detailed Cost Estimate
The method of payment will be Lump Sum. The consultant is to submit a detailed cost proposal
for all services and materials anticipated in completing the project. Person -hours and extended
billing rates per classification of personnel will be indicated for each task and/or sub -task defined.
Rate Based Detailed Cost Estimate
In support of the Task Based Detailed Cost Estimate, the consultant shall include a detailed
breakdown of the direct labor costs including personnel, classification/title, hours, and actual
hourly rates. For public works prevailing wage contracts, all workers must be paid the prevailing
wage rate determined by the Director of the Department of Industrial Relations according to the
type of work and location. This should include anticipated salary increases. In addition, the cost
proposal shall include the consultant's audited indirect cost rates including fringe benefits,
overhead, general, and administrative rates. A Sample Cost Proposal (former LAPM Form
101-11) is included as Attachment 6 or can be downloaded under:
https://dot.ca.gov/programs/local-assistance/quidance-and-oversight/consultant-selection-
procurement.
Certification of Indirect Cost Rates
Consultant shall fill out and include the Certification of Indirect Costs and Financial Management
System form (former LAPM Form 10K — Consultant Annual Certification of Indirect Costs and
Financial Management System). This form is included as Attachment 6. The certification shall
indicate which fiscal period was used to develop the Indirect Cost Rates and the certified rate
must match the rate specified on the Rate Based Detailed Cost Estimate. The consultant should
include a statement to the effect on whether the consultant has a Caltrans Acceptance ID
Number or Cognizant Approval Letter for the proposed indirect cost rate.
The form is hosted on IOAI's website: https://ig.dot.ca.gov/resources/instructions-fdr-icr
Please Note that rates must be based off of Calendar Year 2022 earlier company history
will not be accepted.
Page 15 of 16
ta Q"fra
CALIFORNIA -
ATTACHMENTS
1. Agreement for Contract Services
Any exceptions to standard contract must be submitted with the proposal for consideration
2. Proposal Evaluation Form
For information only
3. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
4. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
5. DBE Documentation (10-I, 10-01, 15-H)
Must be executed by proposer and submitted with the proposal
6. Federal Forms (Certification of Indirect Costs and Financial Management and Sample
Cost Proposal — former 10-K and 10-1-11)
Must be executed by proposer and submitted with the proposal
7. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
LINKS
Application for Caltrans Highway Bridge Program funds, prepared by Heptagon Seven Consulting
in partnership with Bengal Engineering, linked:
https://naiconsulting.sharefile.com/d-sa2aO82a5eObe4606b8f8f8fO32480ba8.
2. City's Focused Drainage Study, Various Utility Maps, and Various Record Drawings:
https://naiconsulting.sharefile.com/d-s64d9ba69a8fO4O388daO8l 1 a6a9cd9c7.
3. Planning Commission Agenda and Staff Report for the potential development at the northeast
corner of Washington Street and Avenue 50 with environmental document:
httas://www.laauintaca.aov/home/showaublisheddocument/48595/638230549123230000.
Page 16 of 16
ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
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 [insert type of business entity, e.g. sole
proprietorship, California Limited Liability Corporation, etc], with a place of business at
A ("Contracting Party"). The parties hereto agree as follows:
Scope of Services. In compliance with all terms and conditions
o Agreement, racting Party shall provide those Professional Engineering
ices related to ring th plans, specifications, and engineer's estimate for the
e 50 Bridge t (Fe roject No. NBIL (547), (City Project No. 2019-02), as
SID in the e of i attached hereto as "Exhibit A" and incorporated
herein nce ervic Contracting Party represents and warrants that
Contracting arty is a er of first- s work and/or services and Contracting Party
is experienced in p i Service ntemplated herein and, in light of such status
and experience, ractinco nts that it shall follow industry standards in
performing the ices requi er, and that all materials, if any, will be of good
quality, fit for the purpose inte d. or purposes of this Agreement, the phrase "industry
standards" shall mean those dards of practic nized by one or more first-class
firms performing similar sery under sim' nces.
1.2 Compliance wi L vices ered hereunder shall be provided
in accordance with all ordinanc esolu s tes, rules, ulations, and laws of
the City and any Federal, State, or local gov tal agency�petent jurisdiction.
1.3 Wage and Hour Compliance, Co cting P�lhall co ith applicable
Federal, State, and local wage and hour law
1.4 Licenses Permits Fees and Asses s. Exc s otherwi ecified
herein, Contracting Party shall obtain at its sole c and expens ch licenses, its,
and approvals as may be required by law for the performance of the Services req y
this Agreement, including a City of La Quinta business license. Contracting P
employees, agents, and subcontractors shall, at their sole cost and expe eep
effect at all times during the term of this Agreement any licenses, permits approvals
that are legally required for the performance of the Services required b Agreement.
Contracting Party shall have the sole obligation to pay for any fee essments, and
taxes, plus applicable penalties and interest, which may be impos y law and arise
from or are necessary for the performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and estrictions attending performance of the Services under this Agreement.
Should Contr Party discover any latent or unknown conditions materially differing
from thos in the Services or as represented by City, Contracting Party shall
immedi for of such fact and shall not proceed except at Contracting Party's
risk ritten in tions are received from the Contract Officer, or assigned
de a (as defined ection 4.2 hereof).
1.6 Stand C
t rvices contr for
and on ith tbi
indust7andother
f qu d
Contraep o 1
the inq
adoptethods
protecrvices pe
papercompone
responsible for all such dam
by City, except such losses
The performance of Service
any obligation to correct any i r
to City, when such inaccuracies
ContrjAe
g Party acknowledges and understands that
is ement require specialized skills and abilities
d , Contracting Party's work will be held to an
wor p. Consistent with Section 1.5 hereinabove,
;ity thaIds the necessary skills and abilities to satisfy
as setin this Agreement. Contracting Party shall
of this Agreementto furnish continuous
rNMgNpEontracting Party, and the equipment, materials,
thereof to prevent sses or damages, and shall be
to kdueto
ogence
until acceptance of the Services
damused by City's own negligence.
Coot relieve Contracting Party from
efective work at no further cost
e of Cg&cting Party.
1.7 Additional Services. In accorda with th sNthoecified
ons of this
Agreement, Contracting Party shall perform ces in on to in the
Scope of Services ("Additional Services") o he Nautho
e Contract
Officer, or assigned designee, provided tha o gll not b uired to
perform any Additional Services without com ion.ting Part II not
perform any Additional Services until receiving pri r writteation (in the of
a written change order if Contracting Party is a contractor performing the Servi
the Contract Officer, or assigned designee, incorporating therein any ad' en
(i) the Contract Sum, and/or (ii) the time to perform this Agreemen ch sai
adjustments are subject to the written approval of Contracting Party. expressly
understood by Contracting Party that the provisions of this Section s t apply to the
Services specifically set forth in the Scope of Services or reas y contemplated
therein. It is specifically understood and agreed that oral requests nd/or approvals of
Additional Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
-2-
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.4 of this Agreement.
1.8 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"), which is incorporated herein by this reference and expressly made a part
hereof. In th t of a conflict between the provisions of the Special Requirements and
any other of this Agreement, the provisions of the Special Requirements shall
govern.
2. AMNDMPENSATI
2.1 Contra m.
F r the Services rendered pursuant to this Agreement,
cting Partys a co
ated based on Lump Sum in accordance with "Exhibit
B" ched omp
The total amount payable by City shall not exceed
rs and Cents ($ 000,000.00)
(the "Con r um"),
as provi Section 1.7. The total lump sum price paid
to Contracting Pa i
e comp tion for all work and deliverables, including
travel and equi desc
in it A". The Contract Sum shall include the
attendance of C acting Pa
ct meetings reasonably deemed necessary by
City; Contracting Party shall
e en itled to any additional compensation for attending
said meetings. Compensat'
may include rei ment for actual and necessary
expenditures for reproducti
osts, trans ense, telephone expense, and
similar costs and expenses
n an ed i e Schedule of Compensation. No
additional compensation will
actin rty unless there is a change in the
scope of the work or the scope a proj stanceof ange in the scope of
work or scope of the project, adjustment to th ump sum sation will be made
in accordance with Section 1.7.
2.2 Method of Billing & Payment.!payont
Ntermina
be monthly in
arrears based on the percentage of work coParty. f ntracting
Party fails to submit the required deliverableschedule orth in
Section 3.2, City shall have the right to delahis Agreem ny
month in which Contracting Party wishes to receive payment, Contracting Pa II
submit to City no later than the tenth (10th) working day of such month, i
approved by City's Finance Director, an invoice for Services rendered prior date o
the invoice. Invoices shall be submitted no later than thirty (30) calend s after the
performance of work for which Contracting Party is billing. Invoices s tail the work
performed on each milestone and each project as applicable. Inv shall follow the
format stipulated in the Schedule of Compensation and shall refer e e this Agreement
number (or City project number for which this Agreement applies) and project title.
Invoices shall contain a certification by a principal member of Contracting Party specifying
that the payment requested is for Services performed in accordance with the terms of this
Agreement. Upon approval in writing by the Contract Officer, or assigned designee,
and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all
items 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. No payment
-3-
will be made prior to approval of any work, nor for any work performed prior to approval
of this Agreement. The final invoice must contain the final cost and all credits due City
including any equipment purchased under the provisions of Section 13.8. Except as
provided for Section 10.3, the final invoice should be submitted within sixty (60) calendar
days after completion of Contracting Party's work.
2.3 t Pa menta The City shall make all project progress payment within
30 days a t of an undisputed and properly submitted payment request from
Contrac ' arty rofessional service contract. If the City fails to pay promptly, the
City ay intere the Contracting Party, which accrues at the rate of 10 percent
per m on the prin I amount of a money judgment remaining unsatisfied and Pre-
s necessary. U receipt of the payment request, the City shall act in accordance
both of the follo
ent request as soon as feasible after receipt to
ent
2) The City m payme equest deemed improper by the City to the
Contracti y as as f le, but not later than seven (7) days, after
receipt. A uest retur to this paragraph shall include documentation
setting forth in writing t reasons why it is an improper payment request.
For projects awarded on or r Septem
submit Exhibit 9-P to theadmin'
following the month of any
payments to subconsultants, s r(s),
report "no payments were made to subs thi
Exhibit 9-P.
he Contracting Party must now
e ement by the 15th of the month
the C acting Party does not
The City must verify all Exhibit 9-P information
requirements for DBE and non -DBE firms,
commitment and prompt payment issues until
a copy of Exhibit 9-P to DBE.Forms(a-_)dot.c
receiving the Exhibit 9-P from the Contracting
2.4
Compensation
advance by the Contract Officer, or assigned designee, pursuant to
Agreement shall be paid for in an amount agreed to in writing by both Ci
Party in advance of the Additional Services being rendered by Co
make any
Party must
1 legibly on
compensation for Additional Services amounting to five percent o) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
me
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services are not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage._
3.2 le of Performance. All Services rendered pursuant to this
Agreem all ormed diligently and within the time period established in "Exhibit
C" (t hedule rformance"). Extensions to the time period specified in the
Sc of Perform e may be approved in writing by the Contract Officer, or
ed designee. ntracting Party shall not commence performance of work or
ices until this Ag ent h&been approved by City and notification to proceed has
b ssued by Ci ontra er.
for perform—Mrc-e of th
because of any del
fault or negligen ontra
the public ene fires, ea
strikes, freight embargoes,
unusually severe weather,
commencement of such de
ie ti eriod specified in the Schedule of Performance
re de- ursuant to this Agreement shall be extended
L1forese a causes beyond the control and without the
Part luding, but not restricted to, acts of God or of
ods, epidemic, quarantine restrictions, riots,
o any governmental agency other than City, and
ontracting Pa 11 within ten (10) days of the
notify thecE
writing of the causes of the"ay.ascertain the facts and the
Services for the period of the
such delay is justified, and the Contract Offi
shall be final and conclusive upon the par
period in the Schedule of Performance whi(
assigned designee, to be justified pur:
Contracting Party to additional compensatio
Nact
, an
3.4 Term. Unless earlier terminated
Section 8.0 of this Agreement, the term of this agreement shall commence on
25, 2023, contingent upon approval by City, and Contracting Party shall comr
after notification to proceed by City's Contract Officer. The Agreement shal
June 30, 2028, unless extended by an Amendment to this Agreement. C
is advised that any recommendation for Agreement award is not bind1
Agreement is fully executed and approved by City.
r,
r, or assigned designee, in
or assigned designee, shall
Ftend the time for performing the
ent
E)e,
me
or
the
4. COORDINATION OF WORK.
in
mber
'ting Party
ty until the
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) [NAME]
-5-
Tel No.:
E-mail:
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 Agreeme directing all activities of Contracting Party and devoting sufficient time
to person is
the Services hereunder. For purposes of this Agreement, the
foregoin cip y not be changed by Contracting Party and no other personnel
may igned to rm the Services required hereunder without the express written
ap of City.
4.2 ContraQWficer
Works Dir /City,
�d i n by a
respo ure
of the progress 4thndecisions, whichUnless ot
the approval of fWContract
assigned designee, shall h,
hereunder to carry out the tei
4.3 Prohibition
he "Contract Officer" shall be Bryan McKinney P.E.,
eer or other such assigned designee as may be
I nager of City. It shall be Contracting Party's
Cont fficer, or assigned designee, is kept informed
nce of ervices and Contracting Party shall refer any
by City, he Contract Officer, or assigned designee.
an roval of City required hereunder shall mean
ssigned designee. The Contract Officer, or
uthority to sign all documents on behalf of City required
of this Agreem�
knowledge, capability, and Co
employees were a substantial i emen
as set forth in this Agreement, Contracting
any other entity to perform in whole or in part th
express written approval of City. In additio
herein may be transferred, assigned, c
voluntarily or by operation of law, without th I
restricted hereunder shall include the transfer to
Assignment. The experience,
'ng Party, its
enter into J&s
principals, and its
Agreement. Except
r subcontract with
nder without the
r anv interest
concert of more than twenty five percent (25%) oMhe present o\Mership
of Contracting Party, taking all transfers into account on a cumulativ(
attempted or purported assignment or contracting or subcontracting by Coi
without City's express written approval shall be null, void, and of no effect.
transfer shall release Contracting Party of any liability hereunder with
consent of City.
4.4 Independent Contractor. Neither City nor any of its err'Tloyees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party 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. Contracting Party shall not at
any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or a es of City. Except for the Contract Sum paid to Contracting Party as
provided i ement, City shall not pay salaries, wages, or other compensation to
Contra ' arty rforming the Services hereunder for City. City shall not be liable
for c sation or i nification to Contracting Party for injury or sickness arising out
of ming the Se s hereunder. Notwithstanding any other City, state, or federal
, rule, regulation , or ordinance to the contrary, Contracting Party and any of its
loyees, agents, ubco ctors providing services under this Agreement shall not
q for or beco titled ompensation, benefit, or any incident of employment
by not I' t 'bility to enroll in the California Public Employees
Retire ("P as an yee of City and entitlement to any contribution
to be paid by City f er contri ns and/or employee contributions for PERS
benefits. Contra a rees t y all required taxes on amounts paid to
Contracting Pa er this nd to indemnify and hold City harmless from
any and all taxes, assessme s, and interest asserted against City by reason
of the independent contracto ationship created b is Agreement. Contracting Party
shall fully comply with the w rs' compensa ' egarding Contracting Party and
Contracting Party's employ Contra c ' f er agrees to indemnify and hold
City harmless from any fail of g Pa comply with applicable workers'
compensation laws. City shall r o off against the amount of any payment
due to Contracting Party under t s Agree mount du ity from Contracting
Party as a result of Contracting Party's failure mptly pa y reimbursement
or indemnification arising under this Section.
MW
employs or will employ at its own expense'MI ryyContractingg
n r d for the 41
performance of any and all of the Services set foin. Con ing Party
that the Services required herein will be performed arty or under
supervision, and that all personnel engaged in such work shall be fully qualified
be authorized and permitted under applicable State and local law to perform
and services.
4.6 City Cooperation. City shall provide Contracting P,
publications, reports, statistics, records, or other data or informal
Services to be performed hereunder which are reasonably available
only from or through action by City.
5. INSURANCE.
FRh any plans,
ertinent to the
Contracting Party
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
-7-
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsement st be approved by Agency's Risk Manager prior to commencement of
performan
6. AEMNIFI
6.1 Indemnif ion. To the fullest extent permitted by law, Contracting Party
indemnify, prot efend with counsel selected by City), and hold harmless City
y and all of ' icers, yees, agents, and volunteers as set forth in "Exhibit
F" nific hic ated herein by this reference and expressly made
a part
7. RECORDS TS.
7.1 RdWs. Contr shall periodically prepare and submit to the
Contract Officer, or assigne a e, such reports concerning Contracting Party's
performance of the Service quired by this A ent as the Contract Officer, or
assigned designee, shall r re. Contrac ' roject Manager shall meet with
City as necessary to discu rogres g ent. Contracting Party hereby
acknowledges that City is ed a the cost of the Services to be
performed pursuant to this Agr is r on, Contra ' g Party agrees that if
Contracting Party becomes aware of any fac stances ques, or events that
may or will materially increase or decrease the t of the a templated herein
or, if Contracting Party is providing design sere' , the c e prod eing designed,
Contracting Party shall promptly notify the act r assign signee, of
said fact, circumstance, technique, or even d t m ncrease r creased
cost related thereto and, if Contracting Party is p ng desi rvices, th mated
increased or decreased cost estimate for the proj being desig
7.2 Records. Contracting Party shall keep, and require any subcon
keep, such ledgers, books of accounts, invoices, vouchers, canceled ch repo
(including but not limited to payroll reports), studies, Independent CPA d Indirect
Cost Rate workpapers, or other documents relating to the disburseme rged to City
and the Services performed hereunder (the "Books and Records"), be necessary
to perform the Services required by this Agreement and enable th ntract Officer, or
assigned designee, to evaluate the performance of such Services. Any and all such
Books and Records, including those of the Contracting Party's Independent CPA, shall
be maintained in accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, Caltrans Auditor, FHWA or any duly
authorized representative of the Federal government having jurisdiction under Federal
laws or regulations (including the basis of Federal Funding in whole or in part), or
assigned designee, shall have full and free access to such Books and Records at all
times during normal business hours of City, including the right to inspect, copy, audit, and
make records and transcripts from such Books and Records. Such Books and Records
shall be maintained for a period of three (3) years following completion of the Services
hereunder, and City shall have access to such Books and Records in the event any audit,
examination, workpaper review, excerpt, or transaction is required. In the event of
dissolution of Contracting Party's business, custody of the Books and Records may be
given to e
access shall be provided by Contracting Party's successor in interest.
Under C
ment Code Section 8546.7, if the amount of public funds
expendreement exceeds Ten Thousand Dollars ($10,000.00), this
Agre ect to the examination and audit of the State Auditor, at the
A
of City of any audit of City, for a period of three (3) years after final
ent under
7.3 Own of OdIIIIIIIIIIIIIIIIhivents. All drawings, specifications, maps, designs,
pho s sury a tes, computer files, reports, records, documents,
and o Is pl drawin stimates, test data, survey results, models,
renderings, and othe ents or w of authorship fixed in any tangible medium of
expression, includ' t mited to ysical drawings, digital renderings, or data
stored digitally, etically, n r medium prepared or caused to be prepared
by Contracting y, its emp contractors, and agents in the performance of
this Agreement (the "Docume and Materials") shall e the property of City and shall be
delivered to City upon reque f the Contract r assigned designee, or upon
the expiration or termination is Agree racting Party shall have no claim
for further employment or a iona ation a result of the exercise by City of
its full rights of ownership us sign t of the Documents and Materials
hereunder. Any use, reuse or a ignment ompleted ments and Materials
for other projects and/or use of uncomp documen t specific written
authorization by Contracting Party will be a ty's sol an hout liability to
Contracting Party, and Contracting Party's g tee rranties of extend to
such use, revise, or assignment. Contractin rty pies of s Documents
and Materials for its own use. Contracting P y ave restricted
the concepts embodied therein. All subcontract hall provi assignor
of any Documents and Materials prepared by them, and in the event Contracti
fails to secure such assignment, Contracting Party shall indemnify City for aA11
resulting therefrom.
7.4 In the event City or any person, firm, or corporation a ed
reuses said Documents and Materials without written verificatiodapt
Contracting Party for the specific purpose intended and causes to b e or m(
changes or alterations in said Documents and Materials, Cit hereby r
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 In the event of Termination under Section 8.0, immediately upon
termination, City shall be entitled to, and Contracting Party shall deliver to City, reports,
investigations, appraisals, inventories, studies, analyses, drawings and data estimates
WE
performed to that date, whether completed or not, and other such materials as may have
been prepared or accumulated to date by Contracting Party in performing this Agreement
which is not Contracting Party's privileged information, as defined by law, or Contracting
Party's personnel information, along with all other property belonging exclusively to City
which is in Contracting Party's possession.
7.6 JAknsina
and perpe e
copyrig sig
the D ents and
to in writing th
ents and Mater
represents an
a of the Doc
and t d
profes r tha
shall not be limited i
provided that any
at City's sole ri
of Intellectual Property. This Agreement creates a non-exclusive
Tor City to copy, use, modify, reuse, or sublicense any and all
hts of reproduction, and other intellectual property embodied in
rials. Contracting Party shall require all subcontractors, if any,
ity is granted a non-exclusive and perpetual license for the
the subcontractor prepares under this Agreement. Contracting
rrants at Contracting Party has the legal right to license any
s and Is. Contracting Party makes no such representation
to c is and Materials which were prepared by design
racting or provided to Contracting Party by City. City
Y in its u f the Documents and Materials at any time,
S within th rposes intended by this Agreement shall be
blicati e ' ation derived from work performed or data
obtained in conn tion with s r1qqEWuered under this Agreement must be approved
in writing by City. Additionally s agreed that the Pa 'es intend this to be an Agreement
for services and each co the products a of the services to be rendered
by Contracting Party her er to b
acknowledges and agrees t t
limitation, copyright) belongs
without restriction or limitation up its use
7.7 Release of Documents. The
released publicly without the prior written ap
designee, or as required by law. Contractir
or person any information regarding the active
authorized by City.
nd
7.8 Confidential or Personal Identi
Fe for hire. Contracting
ghts therein, including,
le and exclusive property
Party
without
of City
shall not be
or assigned
k other entity
l &aw or as
covenants that all City data, data lists, trade secrets, documents with persona ' if�11�
information, documents that are not public records, draft documents, discus otes, o
other information, if any, developed or received by Contracting Party ovided for
performance of this Agreement are deemed confidential and shall n disclosed by
Contracting Party to any person or entity without prior written au ation by City or
unless required by law. City shall grant authorization for disclosur if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. Permission to disclose information on one occasion, or public hearing held by City
relating to the Agreement, shall not authorize Contracting Party to further disclose such
information, or disseminate the same on any other occasion. Contracting Party shall not
comment publicly to the press or any other media regarding the Agreement or City's
actions on the same, except to City's staff, Contracting Party's own personnel involved in
the performance of this Agreement, at public hearings, or in response to questions from
-10-
a Legislative committee. Contracting Party shall not issue any news release or public
relations item of any nature, whatsoever, regarding work performed or to be performed
under this Agreement without prior review of the contents thereof by City, and receipt of
City's written permission. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft documents,
discussions, or other information shall be returned to City upon the termination or
expiration of Agreement. All information related to the construction estimate is
confidenti not be disclosed by Contracting party to any entity, other than City,
Caltran /or . All of the materials prepared or assembled by Contracting Party
purs performa of this Agreement are confidential and Contracting Party agrees
th shall not be de available to any individual or organization without the prior
approval of Cit except by court order. If Contracting Party or any of its officers,
Ioyees, or subc ctors es voluntarily provide information in violation of this
C ct, City ha ight ursement and indemnity from Contracting Party for
any by c arty releasing the information, including, but not
limited torn es and rsements, including without limitation experts'
fees and disbursem ntracting 's covenant under this section shall survive
the termination or do is Agre nt.
8. ENFORCEMENT OF
8.1 California LawAWhis Agreeme
governed both as to validityo perfo
of the State of California. L I actiQm
out of or in relation to this AgreLins
of Riverside, State of Californi , r any
Contracting Party covenants and agrees to
court in the event of such action.
Fy
e interpreted, construed, and
ties in accordance with the laws
dispute, claim, or matter arising
he Superior Court of the County
ropriate c in such county, and
to the a urisdiction of such
8.2 Disputes. In the event of an puteNbe
this�ement, the
injured party shall notify the injuring party in w ng oy submi a claim
therefore. Prior to either party commencing an actthis Agre t, the
parties agree to try in good faith, to settle any dispu e amicaen them. If ute
hasnot been settled after forty-five (45) days of good -faith negotiations and as
otherwise provided herein, then either party may commence legal action t
other. The injured party shall continue performing its obligations hereun long a
the injuring party commences to cure such default within ten (10) days o ce of such
notice and completes the cure of such default within forty-five (45) d er service of
the notice, or such longer period as may be permitted by the ract Officer, or
assigned designee; provided that if the default is an immediate d ger to the health,
safety, or 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 this Section 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
-11-
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
Any dispute, other than audit, concerning a question of fact arising under this Agreement
that is not disposed of by agreement shall be decided by a committee consisting of City's
Contract Officer and City Manager (or authorized designee), who may consider written or
verbal informati n submitted by Contracting Party. Not later than thirty (30) calendar days
after comple ' f all deliverables necessary to complete the plans, specifications and
estimate, Party may request review by City Governing Board of unresolved
claims utes, r than audit. The request for review shall be submitted in writing.
Neith pendenc a dispute, nor its consideration by the committee will excuse
Co ing Party fro II and timely performance in accordance with the terms of this
ment. Audit Dis s shall be considered as provided for Section 10.
8.3 Rete of F City may withhold from any monies payable to
Con P icie s mpensate City for any losses, costs, liabilities, or
damag ably es we fered by City due to the default of Contracting
Party in the performa e Servicuired by this Agreement.
IQEIViTF' I ►[•T I
non -defaulting phi on any c
a waiver. City's consent or
consent or approval shall not
to or approval of any subset
any default must be in writi
the same or any other provis
o n in the exercise of any right or remedy of a
pair such right or remedy or be construed as
�roval of any act by Contracting Party requiring City's
deemed to waider unnecessary City's consent
t act of C y. Any waiver by either party of
id s a w r of any other default concerning
men
remedies expressly declared to be exclusive i A(
of the parties are cumulative and the exercise ither
or remedies shall not preclude the exercise t, at
other rights or remedies for the same default an
Exce
one or rq
or differ
de v the
to rights and
and remedies
of such rights
0eas, of any
ierty.
8.6 Legal Action. In addition to any othW rights or remMies, either plkay
take legal action, at law or at equity, to cure, correct, or remedy any default, to r
damages for any default, to compel specific performance of this Agreemen
declaratory or injunctive relief, or to obtain any other remedy consistent with rpose
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Sect' all govern any
termination of this Agreement, except as specifically provided in the owing Section 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 Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Upon termination, City shall be entitled to all work, including but
not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings
and data estimates performed to that date, whether completed or not, and in accordance
-12-
with Section 7.5. Contracting Party 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, or assigned designee, thereafter in accordance with the Schedule
of Compensation or such as may be approved by the Contract Officer, or assigned
designee, except amounts held as a retention pursuant to this Agreement.
Notwithstandin any provisions of this Agreement, Contracting Party shall not be relieved
of liability to r damages sustained by City by virtue of any breach of this Agreement
by Contra and City may withhold any payments due to Contracting Party until
such ti the amount of damages, if any, due City from Contracting Party is
deter
8.8 Tern
re of Contracti
S acate any
her an
the Se
Contracting Party
Services required
City shall use r
payments to Con
owed City.
to fu
cult of Contracting Party. If termination is due to the
its obligations under this Agreement, Contracting Party
y which Contracting Party is permitted to occupy
nce with the provisions of Section 8.2, take over
s to completion by contract or otherwise, and
:o th tent that the total cost for completion of the
ads t ompensation herein stipulated (provided that
such damages), and City may withhold any
ose of setoff or partial payment of the amounts
8.9 Attorne s' Fee f either p eement is required to initiate or
defend or made a party toac ' cee in any way connected with this
Agreement, the prevailing pa or pr eding, in addition to any other relief
which may be granted, wheth egal o i e, shall b iktitled to reasonable
attorneys' fees; provided, however, that the eysfee d pursuant to this
Section shall not exceed the hourly rate paid ity for I ery ultiplied by the
reasonable number of hours spent by the pre ng pa a cond the litigation.
Attorneys' fees shall include attorneys' fees y ap n additio arty entitled
to attorneys' fees shall be entitled to all oth re le for investiA&ng such
action, taking depositions and discovery, and all r necess sts the c Ilows
which are incurred in such litigation. All such fees shall be deem d to have aJa
on
commencement of such action and shall be enforceable whether or not such
prosecuted to judgment. The court may set such fees in the same action orir
action brought for that purpose.
8.10 Suspension of Work. City may temporarily suspend thi ement, at no
additional cost to City, provided that Contracting Party is given wri otice (delivered
by certified mail, return receipt requested) of temporary suspensio . If City gives such
notice of temporary suspension, Contracting Party shall immediately suspend its activities
under this Agreement. A temporary suspension may be issued concurrent with the notice
of termination provided for in this Section 8.0.
-13-
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of terms of this Agreement.
office
co nfi
9
iWincipal of
Irn any man
cting Party's K
r covenants th,
i t shall bee ed
the ss wr' nse
Party all ti
of interest wi the in
of this Agreement, o
relationship with hat i
any ensuing City nstructi
who may have a financial i
construction project which
terest. Contracting Party covenants that neither it, nor any
or shall acquire any interest, directly or indirectly, which would
th the interests of City or which would in any way hinder
ance of the Services under this Agreement. Contracting Party
L- pe rmance of this Agreement, no person having any such
b n officer, employee, agent, or subcontractor without
e tract Officer, or assigned designee. Contracting
oid co s of interest or the appearance of any conflicts
f City in th rformance of this Agreement. During the term
ing Part all disclose any financial, business, or other
n e act upon the outcome of this Agreement or
on Contracting Party shall also list current clients
nt t in the outcome of this Agreement or any ensuing City
No officer or employee of hall
Agreement nor shall any suc
this Agreement which effects finan
corporation, partnership or association in w
violation of any State statute or regulation. (
or given and will not pay or give any third
obtaining this Agreement.
finterest, direct or indirect, in this
icipate in any decision relating to
or the f' cial interest of any
irectl ectly, interested, in
.,Pa ra at it has not paid
any or othe sideration for
Contracting Party certifies that it has disclosed tqwany actBWparent,q
conflicts of interest that may exist relative to the sWvices to be p ided pursuE
Agreement. Contracting Party agrees to advise City of any actual, apparent or
conflicts of interest that may develop subsequent to the date of execut'
Agreement. Contracting Party further agrees to complete any statements
interest if required by either City ordinance or State law.
Contracting Party hereby certifies that the Contracting Party or su ultant and any
firm affiliated with the Contracting Party or subconsultant that bidsW any construction
contract or on any Agreement to provide construction inspection for any construction
project resulting from this Agreement, has established necessary controls to ensure a
conflict of interest does not exist. An affiliated firm is one, which is subject to the control
of the same persons, through joint ownership or otherwise.
9.3 Covenants against Discrimination. The Contracting Party's signature
affixed herein and dated shall constitute a certification under penalty of perjury under the
-14-
laws of the State of California that the Contracting Party has, unless exempt, complied
with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §
8103.
During the performance of this Agreement, Contracting Party and its subconsultants shall
not deny theA reement's benefits to any person on the basis of race, religious creed,
color, nation in, ancestry, physical disability, mental disability, medical condition,
genetic inf arital status, sex, gender, gender identity, gender expression, age,
sexual tion, ilitary and veteran status, nor shall they unlawfully discriminate,
haras Ilow har ent against any employee or applicant for employment because
I
, religious cr color, national origin, ancestry, physical disability, mental
ity, medical co ion, genetic information, marital status, sex, gender, gender
ity, gender ex ion, a sexual orientation, or military and veteran status.
cting Party ubco is shall insure that the evaluation and treatment of
o e appl' ployment are free from such discrimination and
harass
Contracting Party s sultants II comply with the provisions of the Fair
Employment an sing A v. §12990 et seq.), the applicable regulations
promulgated the nder (2 C et seq.), the provisions of Gov. Code §§11135-
11139.5, and the regulations tandards adopted by City to implement such article. The
applicable regulations of the r Employment sing Commission implementing
Gov. Code §12990 (a -f), orth 2 C 504, are incorporated into this
Agreement by reference an ade of a et forth in full. Contracting Party
shall permit access by repr the artment of Fair Employment and
Housing and the City upon rea able n
hours, but in no case less than twenty-four (2
accounts, and all other sources of information
shall require to ascertain compliance with thij
Contracting Party and its subconsultants shall)
this clause to labor organizations with which t
Agreement.
Contracting Party shall include the nondiscrim
clause in all subcontracts to perform work und(
The Contracting Party, with regard to the work
in accordance with Title VI of the Civil Rights Ac
VI provides that the recipients of federal assist;
of nondiscrimination in which no person in the United States shall, on the basis of race,
color, national origin, religion, sex, age, disability, be excluded from participation in,
denied the benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
The Contracting Party shall comply with regulations relative to non-discrimination in
federally -assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
-15-
Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Contracting Party
shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR
§21.5, including employment practices and the selection and retention of Subconsultants.
The Contracting Party, subrecipient or subconsultant will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against anyone
in connection the award and performance of any contract covered by 49 CFR 26 on
the basis lor, sex, or national origin. In administering the City components of
the DB ram Contracting Party, subrecipient or subconsultant will not, directly,
or thr contractu other arrangements, use criteria or methods of administration
th e the effect defeating or substantially impairing accomplishment of the
Ives of the DBE gram Plan with respect to individuals of a particular race, color,
or national origi 'Ah�
TitlePilikksur WAp
During the er orman his Agree t, the contractor, for itself, its assignees and
successors in inte after col ively referred to as Consultant) agrees as
follows:
a. Compliance with Re ul ns. onsultant shall comply with the regulations relative
to nondiscrimination federally assist grams of the Department of
Transportation, Title Code of Fe tions, Part 21, as they may be
amended from time t e, (he ' efer to as the Regulations), which are
herein incorporated b made art of this agreement.
0
C.
Nondiscrimination: Consultant, with
agreement, shall not discriminate on
origin, religion, age, or disability in the c
including procurements of materials a aE
participate either directly or indirectl the
21.5 of the Regulations, including empl
covers a program set forth in Appendix B Ad
ed by it during the
or, sex, national
ub-applicants,
o nt shall not
hibi d Section
m the ement
Equipment: In all solicitations either by competitive bidding or nego ' madq
by Consultant for work to be performed under a Sub- agree including
procurements of materials or leases of equipment, each potenti -applicant or
supplier shall be notified by Consultant of the Consultant's o ons under this
Agreement and the Regulations relative to nondiscriminatio n the grounds of
race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the recipient or FHWA to be pertinent to
ascertain compliance with such Regulations or directives. Where any information
-16-
required of Consultant is in the exclusive possession of another who fails or
refuses to furnish this information, Consultant shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts Consultant has made to
obtain the information.
e. Sanctions for Noncompliance: In the event of Consultant's noncompliance with
the no rimination provisions of this agreement, the recipient shall impose such
agr Lnctions as it or the FHWA may determine to be appropriate,
i q, bt limited to:
withholdinl&f payments to Consultant under the Agreement within a
OF reasonabl riod of time, not to exceed 90 days; and/or
ii. cancell , term' , or suspension of the Agreement, in whole or in part.
N(1
of P ns: ultant shall include the provisions of paragraphs
gh (6) ' rysub-ag ent, including procurements of materials and
leases of e nless ex t by the Regulations, or directives issued
pursuant t
Consultant shall take such a-MRR'espect to any sub -agreement or procurement as
the recipient or FHWA may ct as a means o rcing such provisions including
sanctions for noncompliant ovided, how the event Consultant becomes
involved in, or is threatened , litiga ' s pplicant or supplier as a result of
such direction, Consultant m r recipi nter into such litigation to protect
the interests of the State, and, itio s t may requ t the United States to
enter into such litigation to protect the intere a United
Title VI Assurances — Appendix E
During the performance of this contract, the
and successors in interest agrees to comply
and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et se
(prohibits discrimination on the basis of race, color, national ori
Part 21. �
The Uniform Relocation Assistance and Real Property AcgTiisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs
and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
-17-
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
dtfiaAirway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4
3), ended, (prohibits discrimination based on race, creed, color,
onaI o or sex);
- The Civil Ri
coverage
Discrimi
Ljby e
rat
contractors.
Restoration Act of 1987, (PL 100-209), (Broadened the scope,
)plic lity of Title VI of the Civil Rights Act of 1964, The Age
ct and Section 504 of the Rehabilitation Act of 1973,
i f the terms "programs or activities" to include all of
ctivitie the Federal -aid recipients, subrecipients and
r such pr ms or activities are Federally funded or not);
Titles 'd II
discri ation or
and private trar
certain testing
Department of T
2of2
*WSZ
cans with Disabilities Act, which prohibit
bility in the operation of public entities, public
tion systems, place of public accommodation, and
; (42 U.S.C. 1-12189) as implemented by
rtation r 9 C.F.R. parts 37 and 38; Page
The Federal Aviation W fFninistroq
47123) (prohibits discrimination on
sex);
statute (49 U.S.C. §
kiational origin, and
Executive Order 12898, Federal ns to Environd'
Minority Populations and Lo nco Pop ns, v
discrimination against minority populatt yd iscou pro
and activities with disproportionatelyh and adve se hu
environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Pe
English Proficiency, and resulting agency guidance,
discrimination includes discrimination because of limited
(LEP). To ensure compliance with Title VI, you must tak
ensure that LEP persons have meaningful access to you
Reg. at 74087 to 74100);
jdWal origin
rproficiency
onable steps to
rograms (70 Fed.
- Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq).
10. AUDIT REVIEW PROCEDURES.
10.1 Audit Disputes. Any dispute concerning a question of fact arising under an
interim or post audit of this Agreement that is not disposed of by agreement provided for
in Section 8.0, shall be reviewed by City's Chief Financial Officer. Not later than thirty
(30) calendar days after issuance of the final audit report, Contracting Party may request
a review by Chief Financial Officer of unresolved audit issues. The request for
review will ed in writing. Neither the pendency of a dispute nor its consideration
by City cuse racting Party from full and timely performance, in accordance with
the to f this Agr ent.
10.2 Audit ew Procedures. Contracting Party and subconsultant
eements, includi chedu of Compensation, cost proposals and Indirect Cost
(ICR), may ject t s or reviews such as, but not limited to, an Agreement
au incur tau Audit, or a CPA ICR audit work paper review. If
select or re he A ent, cost proposal and ICR and related work
papers, if app icable, eviewed t ify compliance with 48 CFR Part 31 and other
related laws and re o the inst s of a CPA ICR audit work paper review it is
Contracting Part ponsi en federal, City, or local government officials are
allowed full acce o the CP ers including making copies as necessary. The
Agreement, cost proposal, an R shall be adjusted y Contracting Party and approved
by City Contract Officer to c m to the audit recommendations. Contracting
Party agrees that individu rms of c d in the audit report shall be
incorporated into the Agree t by t ce if cted by City at its sole discretion.
Refusal by Contracting Part au r review recommendations, or to
ensure that the federal, City or I gover t ve access PA work papers, will
be considered a breach of Agreement terms se tor teunder Section 8.0
of the Agreement and disallowance of prior rei rsed co
10.3 Caltrans Audits and lnvestigatiaMEWnrkvipw. Co ting Party's
Schedule of Compensation may be subject arthe
CNICdocumenta
Work a Review
and/or audit by Independent Office of Audits anigatiAI). IOAI, s sole
discretion, may review and/or audit and approCPAt he
Schedule of Compensation shall be adjusted by the Contracting Party and app
the City Contract Officer to conform to the Work Paper Review recommendatio u
in the management letter or audit recommendations included in the audit r . Refusa
by the Contracting Party to incorporate the Work Paper Review re endations
included in the management letter or audit recommendations include e audit report
will be considered a breach of the Agreement terms and cause mination under
Section 8.0 of the Agreement and disallowance of prior reimbursed c sts.
During IOAI's review of the ICR audit work papers created by the Contracting Party's
independent CPA, IOAI will work with the CPA and/or Contracting Party toward a
resolution of issues that arise during the review. Each party agrees to use its best efforts
to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during
the review and is unable to issue a cognizant approval letter, City will reimburse the
Contracting Party at an accepted ICR until a FAR (Federal Acquisition Regulation)
-19-
compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards);
CAS (Cost Accounting Standards), if applicable; in accordance with procedures and
guidelines of the American Association of State Highways and Transportation Officials
(AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and
approved by IOAI.
Accepted ratgiftl be as follows:
A e pr d rate is less than one hundred fifty percent (150%) - the accepted
to reimb d will be ninety percent (90%) of the proposed rate.
If the prop rate is between one hundred fifty percent (150%) and two
hundred p t (200;[°) -the accepted rate will be eighty-five percent (85%)
of the pr d rate
imposeffv_if
s g
II beive
If IOAI is unable sue 3
Contracting ParqW submit
within three (3) months of the
up to six (6) months to revii
revisions. 1
n two hundred percent (200%) - the accepted
75%) of the proposed rate.
Wiizan er per this Section 10.3, IOAI may require
ependent CPA -audited ICR and audit report
ate of the management letter. IOAI will then have
e Contracting Eg-jift and/or the independent CPA's
If the Contracting Party fails'Mfco h
is still unable to issue a cc gn111MpMMppr
audited ICR is submitted, overhead cost re
ICR that was established upon initial rejection
for all rendered services. In this event, this ac
ICR for reimbursement purposes under this /
e proAffons of this Section 10.3, or if IOAI
Contracting Party may submit to City final invoZi
occurred: (1) IOAI accepts or adjusts the origi
ICR; (2) all work under this Agreement has be
and, (3) IOAI has issued its final ICR review lett
final invoice to City no later than sixty (60) calf
these items. The accepted ICR will apply to tI
executed between City and the Contracting Part
the same fiscal period ICR.
11. STATE PREVAILING WAGE RATES
independent
d to the acc(
Lthis Section
11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be
awarded an Agreement containing public work elements unless registered with the
Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration
with DIR must be maintained throughout the entire term of this Agreement, including any
subsequent amendments. The Contracting Party shall comply with all of the applicable
provisions of the California Labor Code requiring the payment of prevailing wages. The
-20-
General Prevailing Wage Rate Determinations applicable to work under this Agreement
are available and on file with the Department of Transportation's Regional/District Labor
Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These
wage rates are made a specific part of this Agreement by reference pursuant to Labor
Code §1773.2 and will be applicable to work performed at a construction project site.
Prevailing wag swill be applicable to all inspection work performed at City construction
sites, at City f 'es and at off-site locations that are set up by the construction contractor
or one of i actors solely and specifically to serve City projects. Prevailing wage
require don ply to inspection work performed at the facilities of vendors and
com material pliers that provide goods and services to the general public.
G Prevailing W Rate Determinations applicable to this project may also be
ed from the Dep ent of Industrial Relations Internet site at http://www.dir.ca.gov.
11.2 PqvrrnrdsdOOLntracting Party and each Subconsultant shall keep
acc ertif' roll r a pporting documents as mandated by Labor Code
§1776 fined ' CR § showing the name, address, social security
number, work classifi traight tim d overtime hours worked each day and week,
and the actual per paid to h journeyman, apprentice, worker, or other
employee empl y thect' rty or Subconsultant in connection with the
public work. Eac ayroll rec tain or be verified by a written declaration that
it is made under penalty of p y, stating both of th following:
A. The information coined in t
is true and correct.
B. The employer haste the irements of Labor Code §1771,
§1811, and §1815 for work p m y his or her ployees on the public
works project.
The payroll records enumerated under this S n 11. be ce as correct by
the Contracting Party under penalty of perj The cords a supporting
documents shall be made available for inspe n a yi City rep r s ative's at
all reasonable hours at the principal office of the cting Pa he Contr Party
shall provide copies of certified payrolls or permit i spection of its cords as fo
A. A certified copy of an employee's payroll record shall be made av e
inspection or furnished to the employee or the employee' ori
representative on request.
B. A certified copy of all payroll records enumerated in this n 11.2 shall be
made available for inspection or furnished upon request representative of
City, the Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations. Certified
payrolls submitted to City, the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards shall not be altered or obliterated by
the Contracting Party.
-21-
C. The public shall not be given access to certified payroll records by the
Contracting Party. The Contracting Party is required to forward any requests
for certified payrolls to the City Contract Officer by both email and regular mail
on the business day following receipt of the request.
Contracting Party and all subconsultants shall submit a certified copy of the records
enumeratedi Section 11.2, to the entity that requested the records within ten (10)
calendar d eceipt of a written request.
Any
to tl;
The
this
records
rrev
lic or any pu
ent disclosu
name and addr
(not be marke
working days, p
e available for inspection as copies and furnished upon request
(agency by City shall be marked or obliterated in such a manner
f each individual's name, address, and social security number.
)f the Qontracting Party or Subconsultant performing the work
the location of the records enumerated under
-ess, city and county, and shall, within five (5)
kof location and address.
The ContractindWy or Su hall have ten (10) calendar days in which to
comply subsequent to receipt n notice requesting the records enumerated in this
Section 11.2. In the event th ntracting Party consultant fails to comply within
the ten (10) day period, he a shall, as City, forfeit one hundred dollars
($100) for each calendar d r port. fo ch worker, until strict compliance
is effectuated. Such penaU.ur
ithhel City from payments then due.
Contracting Party is not subjec pend s ent pursu to this section due to
the failure of a Subconsultant to comply with tion.
11.3 Responsibility. When prevailin
responsible for verifying compliance with cer
will not be made until the invoice is aaarovec
11.4 Penalty. The Contracting Party andWy of its Subc`Wultants shM
with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracti
and any Subconsultant shall forfeit to the City a penalty of not more than tw
dollars ($200) for each calendar day, or portion thereof, for each worker p '
the prevailing rates as determined by the Director of DIR for the work or cr WHIL I Ll It!
worker is employed for any public work done under the Agreement b Contracting
Party or by its Subconsultant in violation of the requirements of th r Code and in
particular, Labor Code §§1770 to 1780, inclusive.
The amount of this forfeiture shall be determined by the Labor Commissioner and shall
be based on consideration of mistake, inadvertence, or neglect of the Contracting Party
or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous
record of the Contracting Party or Subconsultant in meeting their respective prevailing
wage obligations, or the willful failure by the Contracting Party or Subconsultant to pay
the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay
-22-
the correct rates of prevailing wages is not excusable if the Contracting Party or
Subconsultant had knowledge of the obligations under the Labor Code. The Contracting
Party is responsible for paying the appropriate rate, including any escalations that take
place during the term of the Agreement.
In addition to the penalty and pursuant to Labor Code §1775, the difference between the
prevailing w tes and the amount paid to each worker for each calendar day or
portion the L
h each worker was paid less than the prevailing wage rate shall
be paid h wby the Contracting Party or Subconsultant.
If
ringr employed
per diem w
ties described
t bconsultant
thectin
%A Pe WAag r
Subcons
includ
1813,
B. The Contracting
prevailing rate of
periodic review of
Subconsultant on a public works project is not paid the general
by the Subconsultant, the Contracting Party is not liable for the
unlejkthe Contracting Party had knowledge of that failure of
ie d prevailing rate of wages to those workers or unless
With all of the following requirements:
70
C
ween the Contracting
;e of work on public w
in Labor Code §§ 1771, 1
Upon becoming awJlJPWrthe
prevailing rate of wages to the Su
shall diligently take corrective actio
not limited to, retaining sufficien
performed on the public works prof
specified gen(
the employees
pay the specified
Contracting Party
re, including but
tant for work
Prior to making final payment to the'SWsultant rk perfoAM
public works project, the Contracting Pa shall obtain ffidavit sig
penalty of perjury from the Subconsultant that the Subconsultant had
specified general prevailing rate of per diem wages to the Subc
employees on the public works project and any amounts due purs
Code §1813.
Pursuant to Labor Code §1775, City shall notify the Contracting Pa
project within fifteen (15) calendar days of receipt of a complaint that
failed to pay workers the general prevailing rate of per diem wages.
Fla public works
bconsultant has
If City determines that employees of a Subconsultant were not paid the general prevailing
rate of per diem wages and if City did not retain sufficient money under the Agreement to
pay those employees the balance of wages owed under the general prevailing rate of per
diem wages, the Contracting Party shall withhold an amount of moneys due the
Subconsultant sufficient to pay those employees the general prevailing rate of per diem
wages if requested by City.
-23-
11.5 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The
Contracting Party shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each
worker employed in the execution of the Agreement by the Contracting Party or any of its
Subconsultants for each calendar day during which such worker is required or permitted
to work more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendar week 'n violation of the provisions of the Labor Code, and in particular §§1810
to 1815 ther clusive, except that work performed by employees in excess of eight
(8) hours N rty (40) hours during any one week, shall be permitted upon
compe frs worked in excess of eight (8) hours per day and forty (40)
hour y weless than one and one-half (1.5) times the basic rate of pay, as
pr in §18
11.6 Zth
t of A entices. Where either the prime Agreement or the sub -
a ent y t dollars ($30,000), the Contracting Party and any
sub tar comply with all applicable requirements of Labor
Code§JW1777. e employment of apprentices.
The Contracting P bconsul s are required to comply with all Labor Code
requirements refrengtice
the m f apprentices, including mandatory ratios of
journey level to w to commencement of work, Contracting Party
and its subconsultants are ised to contact the DIR Division of Apprenticeship
Standards website at https:// dir.ca.gov/das itional information regarding the
employment of apprentices d for the ey-to- apprentice ratios for the
Agreement work. The Contr g d:ir.c;a.gov/das
or all subconsultants' compliance
with these requirements. Pen ied i or Code §1777.7.
12. DISADVANTAGED BUSINESS ENTEFAMISES
The Contracting Party, subrecipient (City),l�sOD
tall
reasonable steps to ensure that DBE's have opps to pe
(49 CFR 26). To ensure equal participation of Dovided
shows a contract goal for DBE's. Contracting Party shall make wi
and select work parts consistent with available DBE subconsultant
The Contracting Party shall meet the DBE goal shown elseM
provisions or demonstrate that they made adequate good faith eff
It is Contracting Party's responsibility to verify at date of proposal
firm is certified as a DBE by using the California Unified Certifica
database and possesses the most specific available North American Industry
Classification System (NAICS) codes or work code applicable to the type of work the firm
will perform on the contract. Additionally, the Contracting Party is responsible to document
the verification record by printing out the California Unified Certification Program (CUCP)
data for each DBE firm. A list of DBEs certified by the CUCP can be found at
https://dot.ca.gov/programs/civil-rights/dbe-search.
-24-
All DBE participation will count toward the California Department of Transportation's
federally mandated statewide overall DBE goal. Credit for materials or supplies the
Contracting Party purchases from DBE's counts toward the goal in the following manner:
- 100 percent counts if the materials or supplies are obtained from a DBE
manufacturer.
- QAIFRMbLcounts if the materials or supplies are purchased from a DBE regular
r.
Only fees, missions, and charges for assistance in the procurement and
delivery of rials or supplies count if obtained from a DBE that is neither a
manufactu or re ar dealer. 49 CFR 26.55 defines "manufacturer" and
regular "
This subj 49 C art 26 entitled "Participation by Disadvantaged
Business n erprises ' artment o nsportation Financial Assistance Programs".
Consultants who e ederally- ed agreement will assist the City in a good
faith effort to ac alifor tate overall DBE goal.
12.1 DBE Goal. The a7th
BE participation for this Agreement is 21%.
Participation by DBE Contra g
is shall be in accordance with
information contained in Ex 10ract DBE Commitment attached
hereto and incorporated as t ot. DBE subconsultant is unable to
perform, the Contracting Pa ith effort to replace him/her with
another DBE subconsultant, if t al ie met. Ak�
12.2 Meeting the Goal. The Contracts arty ca t BE participation
goal by either documenting commitments to s to e Agr nt goal, or by
documenting adequate good faith efforts to the t goal. A quate good
faith effort means that the Contracting Part ust t took all c sary and
reasonable steps to achieve a DBE goal by the ope, in and
appropriateness to the objective, could reasonabl e expected t eet the DB I. If
the Contracting Party has not met the DBE goal, complete and submit Exhibit 15 -
Information — Good Faith Efforts to document efforts to meet the goal. Refer
Part 26 for guidance regarding evaluation of good faith efforts to meet the oal.
12.3 Contract Assurance. Under 49 DBR 26.13(b):
The Contracting Party, subrecipient or subconsultant shall not disclWate on the basis
of race, color, national origin, or sex in the performance of this contract. The Contracting
Party shall carry out applicable requirements of 49 CFR 26 in the award and
administration of federal -aid contracts.
Failure by the Contracting Party to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract under Section 8.0 or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
-25-
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated Damages; and/or
(4) Di,5&2lifying the Contracting Party from future proposing as non -responsible.
1 er'MIkfion and Replacement of DBE Subconsultants. The Contracting
Party tilize th ecific DBEs listed to perform the work and supply the materials
for each is list Ness the Contracting Party or DBE subconsultant obtains the
C' ritten consent. e Contracting Party shall not terminate or replace a listed DBE
onvenience and rm the work with their own forces or obtain materials from other
es without au ation the City. Unless the City's consent is provided, the
Co ing pa not to any payment for work or material unless it is
perfo Ied b este on the Exhibit 10-02 Consultant Contract DBE
Commit m rm, inc in the bid.
After execution of'the AgreenM,"IL�lRiation of a DBE may be allowed for the following,
but not limited to, justifiable rqwns with prior writtt2iMthorization from the City:
1. Listed DBE fails Wfuses
specifications for pUM
2.
3.
4.
5.
6.
7.
8.
9.
n contract based on plans and
The City stipulated thea bond Ron of e
the listed DBE fails to meet the Cit nd requi
Work requires a consultant's lice and li BE
license under Contractors Licens w.
the subcontract and
have a valid
Listed DBE fails or refuses to perforngwork or fW the listed)
(failing or refusing to perform is not an allowable reas n to remove
the failure or refusal is a result of bad faith or discrimination).
Listed DBE's work is unsatisfactory and not in compliance with
Listed DBE is ineligible to work on the project because
debarment.
spension or
Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
Listed DBE voluntarily withdraws with written notice from the Contract.
Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform
the work on the Contract.
-26-
11. The City determines other documented good cause.
Contracting Party must use the following procedures to request the termination of a DBE
or portion of a DBE's work:
1. Send a written notice to the DBE of the Contracting Party's intent to use other
forces aterial sources and include one or more justifiable reasons listed above.
Sim ly senda copy of this written notice to the City. The written notice to
t m quest they provide any response within five (5) business days to
the Con ng Party and the City by either acknowledging their agreement
documentin eir reasoning as to why the use of other forces or sources of
materials shoul t occur.
If the DBE
►love forA
3. Submit Co
and include
One or more
documentation.
Contracting Party
proof of transmis
notice.
within five (5) business days, Contracting Party may
kas if the DBE had agreed to Contracting Party's
ination request by written letter to the City
The DBE's response to Contractin
written response was not provided,
The City shall respond in writing to Co
five (5) business days.
Replacement of DBE Subconsultant
regarding the request, including
ntation of Consultant's written
After receiving the City's written authorization of DBE termination request,
Party must obtain the City's written agreement for DBE replacement. Co
must find or demonstrate GFEs to find qualified DBE replacement fir
work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorizatiorTto replace a DBE
Firm:
1. Submit a request to replace a DBE with other forces or material sources in writing
to the City which must include:
a. Description of remaining uncommitted work item made available for
replacement DBE solicitation and participation.
-27-
b. The proposed DBE replacement firm's business information, the work they
have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to
A,prm on the Contract
,Contracting
documentation
seven(7)day
request the
�ibmit
• Bch re
identified
the ext
ibit 10-02: Consultant Contract DBE Commitment
irty has not identified a DBE replacement firm, submits
,ontracting Party's GFE's to use DBE replacement firms within
;ity's a thorization to terminate the DBE. Contracting Party may
app o extend this submittal period to a total of 14 days.
ti s taken to find a DBE replacement firm, such as:
• Solicitations of DB
• Correspondence
and requirement:
• Negotiation efforts
available to perform the original DBE work
acting Party had intended to self -perform, to
)mmitment
nce of work identified
• If a DBE's quote was rejected, provi
the DBE was unqualified for the wor
or excessive
• Copies of each DBE's and non -DBE's
City may contact the firms to verify soli
quotes are substantially higher
have included contract details
ent was not reached
n, such as why
i unreasonable
• Additional documentation that supports Contracting Party's GFE
The City shall respond in writing to Contracting Party's DBE replacem
five (5) business days.
12.5 Commitment and Utilization. The City's DBE program must include a
monitoring and enforcement mechanism to ensure that DBE commitments reconcile to
the DBE utilization.
The City shall request the Contracting Party to:
1. Notify the City's contract officer or designated representative of any changes
to its anticipated DBE participation
Sam
2. Provide this notification before starting the affected work
3. Maintain records including:
- Name and business address of each 1St tier subconsultant
e and business address of each DBE subconsultant, DBE vendor, and
hLrucking company, regardless of tier
Date Iftyment and total amount paid to each business (see Exhibit 9-F
Monthl advantaged Business Enterprise Payment)
Contracting ParMa DBE onsultant, they shall include the date of work performed
it own forces he co onding value of the work.
If a Ied b com its work, the DBE must notify the Contracting
Party in of the ification If a business becomes a certified DBE before
completing its wor ess mu tify the Contracting Party in writing of the
certification date. ontr Party II submit the notifications to the City. On work
completion, the racting P plete a Disadvantaged Business Enterprises
(DBE) Certification Status C e, ibit 17-0, form and submit the form to the City
within 30 days of contract ac ance.
Upon work completion, the tractin I plete Exhibit 17-F Final Report
Utilization of Disadvantage si rprises E), First -Tier Subcontractors an
submit it to the City within 90 d on
until the form is submitted. The City will
completed form.
In the City's reports of DBE participation
commitments and attainments. '
d
The C' will withhold $10,000
ihol submission of the
12.6 Commercially Useful Function. DBWmust perfoilwcommerciq
function (CUF) under 49 CFR 26.55 when performing work or supplying materia
on the DBE Commitment form. The DBE value of work will only count toward
commitment if the DBE performs a CUF. A DBE performs a CUF when it is
for execution of the work of the Agreement and is carrying out its res i�...,,,, w,
actually performing, managing, and supervising the work involved. -
DBE must also be responsible, with respect to materials and
Agreement, for negotiating price, determining quality and quantity,
and installing (where applicable), and paying for the material itself.
a CUF, the
used on the
Contracting Party must perform CUF evaluation for each DBE working on a federal -aid
contract, with or without a DBE goal. Contracting Party shall perform a CUF evaluation at
the beginning of DBE's work and continue to monitor the performance of CUF for the
duration of the project.
-29-
Contracting Party must provide written notification to the City at least 15 days in advance
of each DBE's initial performance of work or supplying materials for the Contract. The
notification must include the DBE's name, work the DBE will perform on the contract, and
the location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract,
Contracting P shall submit to the City the initial evaluation and validation of DBE
performan CUF using the LAPM 9-J: Disadvantaged Business Enterprise
Comme Us unction Evaluation. Include the following information with the
subm'
lFbcontract agree
urchase orde
kof lading rs
�9
with the DBE
Contracting PartyFmmercial
mc1w
evaluations andns t
LAPM 9-J: DBE
to the City these quarterly E
previous three months of wo
Contracting Party must
performing a CUF.
BEJfferformance of CUF by conducting quarterly
actiduration of work on the Agreement using the
on Evaluation. Contracting Party must submit
ns and validations by the 5'" of the month for the
ey believe the DBE may not be
The City will verify DBEs performance of review itial and quarterly
submissions of LAPM 9-J: DBE Commercial seful F tion, submitted
supporting information, field observations, a rough :ddition evaluations.
The City must evaluate DBEs and their CU rfor ughouturation of a
Contract. The City will provide written notice t e ctin y and the at least
two (2) business days prior to any evaluation. T ntractinand the must
participate in the evaluation. Upon completing th evaluation, th City must s
evaluation results with the Contracting Party and the DBE. An evaluation coulc
items that must be remedied upon receipt. If the City determines the
performing a CUF, the Contracting Party must suspend performance of the
work. Ai
Contracting Party and DBEs must submit additional CUF related re
within five (5) business days of City's request such as:
• Proof of ownership or lease and rental agreements for equipment
• Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
-30-
nd documents
Failure to submit required DBE Commercially Useful Function Evaluation forms or
requested records and documents can result in withholding of payment for the value of
work completed by the DBE.
If Contracting Party and/or the City determine that a listed DBE is not performing a CUF
in performance of their DBE committed work, Contracting Party must immediately
suspend perf nce of the noncompliant portion of the work. City may deny payment
for the no t portion of the work. City will ask Contracting Party to submit a
correctiv ion CAP) to the City within five (5) days of the noncompliant CUF
deter on. The must identify how the Contracting Party will correct the
no Hance findin r the remaining portion of the DBE's work. City has five (5) days
iew the CAP in junction with the Contracting Party's review. The Contracting
must impleme e CAP ithin five (5) days of the City's approval. The City will
t thorize the nonc�t portion of work for the DBE's committed work.
If
useful fundfi—on on
termination of the [
12.7 A ?W does
participant in a transaction,
order to obtain the appeara
such an extra participant, e>
do not participate.
ed to ensure the DBE performs a commercially
Wng Party may have good cause to request
Wo
CUF if its role is limited to that of an extra
r project through which funds are passed in
DBE participa ' determining whether a DBE is
similar_1[& particularly those in which DBEs
12.8 If a DBE does notPW1I5Fm or
(30%) of the total cost of its Agreement with
a greater portion of the work of the Agreeme
normal industry practice for the type of work
performing a CUF. A
at least thirty percent
DBE subcontracts
on the basis of
d that it is not
12.9 Records. The Contracting Party4WI mainfNWecords d
purchased or supplied from all subcontracts enter into with cert d DBEs. 7
shall show the name and business address of each DBE or vendor and the
amount actually paid each DBE or vendor, regardless of tier. The records sN
date of payment and the total dollar figure paid to all firms. DBE Contr4th
also show the date of work performed by their own forces along with
dollar value of the work.
12.10 Decertification of DBE. If a DBE subconsultant is dedwiied during the life
of the Agreement, the decertified subconsultant shall notify the Contracting Party in
writing with the date of decertification. If a subconsultant becomes a certified DBE during
the life of the Agreement, the subconsultant shall notify the Contracting Party in writing
with the date of certification. Any changes should be reported to City's Contract Officer
within thirty (30) calendar days.
-31-
12.11 Progress Payments. For projects awarded after March 1, 2020, but before
September 1, 2023: No later than the 10th of the month following the month of any
payment(s), the Contracting Party must submit an invoice for payment along with Exhibit
9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans
Business Support Unit at Business.Support.Unit(a�_dot.ca.gov. Provide a copy to the City.
For projectsjilLded
Instead, b 1
Party m w s
paym o subcon
re o payments
t 9-P.
12.12
shaIIIIIIIIIIWain
13.
13.1
on or after September 1, 2023: Exhibit 9-F is no longer required.
the month following the month of any payment(s), the Contracting
k
hibit 9-P to the City. If the Contracting Party does not make any
Exhibit
supplier(s), and/or manufacturers Contracting Party must
made to subs this month" and write this visibly and legibly on
y
either party desnWor is requ
writing and either served pers
forth below. Either party may
of address in writing. Notice
the time of mailing if mailed
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney,
78495 Calle Tampico
La Quinta, California 92253
III
nge its address b
II be deem
ubcontract entered into as a result of this agreement
Ips section.
eWsent
equest, consent, approval, or communication
e other party or any other person shall be in
yby prepaid first-class mail to the address set
ng the other party of the change
ated forty-eight (48) hours from
13.2 Contracting Party's Reports or Meetings. The Contracting
submit progress reports at least once a month. The report should be sufficien
for the City' Contract Officer to determine, if the Contracting Party is p
expectations, or is on schedule; to provide communication of interim fi
sufficiently address any difficulties or special problems encountered, so c
developed.
13.3 Interpretation. The terms of t
accordance with the meaning of the language
against either party by reason of the authorship
construction which might otherwise apply.
his Agreement shall be construed in
used and shall not be construed for or
of this Agreement or any other rule of
13.4 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
-32-
13.5 Cost Principals. The Contracting Party agrees that 48 CFR Part 31,
Contract Cost Principles and Procedures, shall be used to determine the allowability of
individual terms of cost. The Contracting Party also agrees to comply with Federal
procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards. Any costs for which
payment has b en made to the Contracting Party that are determined by subsequent
audit to be u able under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment
by the Co Nu
o City. When Contracting Party or Subconsultant is a Non -Profit
Organi or ion of Higher Education, the Cost Principles for Title 2 CFR Part
200, m Adve Requirements, Cost Principles, and Audit Requirements for
Fe Awards ly.
13.6 Subco tin . thing contained in this Agreement or otherwise, shall
c any contra Frelafi een the City and any Subconsultants, and no sub
agr t s ve o ing Party of its responsibilities and obligations
hereun ntrac ' arty ag to be as fully responsible to the City for the acts
and omissions of its ultants an persons either directly or indirectly employed
by any of them as ' or cts and issions of persons directly employed by the
Contracting Pa e Con P obligation to pay its Subconsultants is an
independent obli tion from ligation to make payments to the Contracting
Party. The Contracting Pa shall perform the rk contemplated with resources
available within its own orga tion and no p he work shall be subcontracted
without written authorization the City r, except that which is expressly
identified in the Schedule of mpe ny s greement entered into as a result
of this Agreement, shall cont a ion ulated in this entire Agreement to
be applicable to Subconsultants less of ted. Cont g Party shall pay its
Subconsultants within Fifteen (15) calendar om recei payment made to
the Contracting Party by the City. Any substit of Sub Itan st be approved
in writing by the City Contract Officer in a ce of ning wo a substitute
Subconsultant.
13.7 Prompt Progress Payment. The OWcting Pa subcons shall
pay to any subconsultant, no later than fifteen (1 days afterre eipt of each ss
payment, unless otherwise agreed to in writing, the respective amounts all
Contracting Party on account of the work performed by the subconsultants, t xt
of each subconsultant's interest therein. In the event that there isa goo dispute
over all or any portion of the amount due on a progress payment fro ontracting
Party or subconsultant to a subconsultant, the Contracting Party or nsultant may
withhold no more than 150 percent of the disputed amount. iolation of this
requirement shall constitute a cause for disciplinary action and shall ubiect the licensee
to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for
every month that payment is not made. In any action for the collection of funds wrongfully
withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The
sanctions authorized under this requirement shall be separate from, and in addition to, all
other remedies, either civil, administrative, or criminal. This clause applies to both DBE
and non -DBE subconsultants.
-33-
13.8 Prompt Payment of Withheld Funds to Subconsultants. No retainage will
be held by the City from progress payments due to the Contracting Party. The Contracting
Party and subconsultants are prohibited from holding retainage from subconsultants. Any
delay or postponement of payment may take place only for good cause and with the City's
prior written approval. Any violation of these provisions shall subject the violating
Contracting Pay or subconsultant to the penalties, sanctions, and other remedies
specified in n 3321 of the California Civil Code. This requirement shall not be
construed pair any contractual, administrative, orjudicial remedies, otherwise
availabl e Co ting Party or subconsultant in the event of a dispute involving late
pay nonpay by the Contracting Party, deficient subconsultant performance
an oncompliance a subconsultant. This clause applies to both DBE and non -DBE
nsultants.
13.9 E ui t Pur Prior authorization in writing by City Contract Officer
sha u i reO re Crthous
i rty enters into any unbudgeted purchase order, or
subcon eding aollars ($5,000) for supplies, equipment, or
services. Contractin all provi evaluation of the necessity or desirability of
incurring such cos r ase of a tem, service, or consulting work not covered
in Schedule of ensatio a ing five thousand dollars ($5,000), with prior
authorization by ty Contrac ree competitive quotations must be submitted
with the request, or the absen f proposal must be equately justified. Any equipment
purchased with funds provi under the ter s Agreement is subject to the
following:
Contracting Party shall m ento of all
Nonexpendable property is defi as ha fuI life of st
acquisition cost of five thousand dollars ($5, r more. I c
needs replacement and is sold or traded in, Ci all rece' ro
the conclusion of the Agreement, or if the ment ' urinated
Section 8.0, Contracting Party may either p th nt and
amount equal to its fair market value, or sell s h ent be:
at a public or private sale, in accordance with est ed City p ur
in an amount equal to the sales price. If Contracting Party elects ke
fair market value shall be determined at Contracting Party's expense,
competent independent appraisal of such equipment. Appraisals shall
an appraiser mutually agreeable to by City and Contracting Party, if i
sell the equipment, the terms and conditions of such sale must be apf
nonexpendable
by City.
property.
s and an
ed equipment
nd or credit at
,rovided for in
Regulation 2 CFR Part 200 requires a credit to State or Federal fundYwhen participating
equipment with a fair market value greater than five thousand dollars ($5,000) is credited
to the project.
13.10 Rebates, Kickbacks or Other Unlawful Consideration. The Contracting
Party warrants that this Agreement 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
-34-
terminate this Agreement without liability, to pay only for the value of the work actually
performed, or to deduct from this Agreement price or otherwise recover the full amount
of such rebate, kickback or other unlawful consideration.
13.11 Prohibition of Exaendina Citv. State. or Federal Funds for Lobbvina. The
Contracting Party certifies, to the best of his or her knowledge and belief, that no State,
Federal, or C' propriated funds have been paid or will be paid, by or on behalf of the
Contractin any person for influencing or attempting to influence an officer or
employ ny State, or Federal agency, a Member of the State Legislature or
Unite es Cong an officer or employee of the Legislature or Congress, or any
e e of a Membe the Legislature or Congress in connection with the awarding or
g of this Agree , or with the extension, continuation, renewal, amendment, or
ification of this ment. any funds other than Federal appropriated funds have
b aid or will b to a n for influencing or attempting to influence an officer
ore ee o enc e of Congress, an officer or employee of Congress,
or an of a er of ress in connection with this Agreement, the
Contracting Party sh lete and it Standard Form -LLL, "Disclosure Form to
Report Lobbying," ' co e with instructions. This certification is a material
representation upon eli was placed when this transaction was made
or entered into. mission cation is a prerequisite for making or entering
into this transaction imposed 1 U.S.C. §1352. An erson who fails to file the required
certification shall be subjec a civil penalt ess than ten thousand dollars
($10,000) and not more th ne hundr ollars ($100,000) for each such
failure. The Contracting Pa Iso signi his document that he or she shall
require that the language of th e in d in all lower tier sub -agreements,
which exceed one hundred thou nd dolla 1 00), and t II such subrecipients
shall certify and disclose accordingly.
13.12 Debarment and Suspension rtificat' The C cting Party's
signature affixed herein shall constitute a c atio 0alty of p y under the
laws of the State of California, that the Co rac ' arty ny person ociated
therewith in the capacity of owner, partner, dire officer or ger is n rently
under suspension, debarment, voluntary exclusion, or determinati n of ineligibilit ny
federal agency; has not been suspended, debarred, voluntarily excluded, or de
ineligible by any federal agency within the past three (3) years; does not have o
debarment pending; and has not been indicted, convicted, or had a dgmen
rendered against it by a court of competent jurisdiction in any matter i g fraud or
official misconduct within the past three (3) years. Any exceptions s certification
must be disclosed to City. Exceptions will not necessarily t in denial of
recommendation for award but will be considered in determi ing responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency,
and the dates of agency action. Exceptions to the Federal Government Excluded Parties
List System maintained by the U.S. General Services Administration are to be determined
by FHWA.
13.13 Funding Requirements. It is mutually understood between the parties that
this Agreement may have been written before ascertaining the availability of funds or
-35-
appropriation of funds, for the mutual benefit of both parties, in order to avoid program
and fiscal delays that would occur if the Agreement were executed after that
determination was made. This Agreement is valid and enforceable only if sufficient funds
are made available to City for the purpose of this Agreement. In addition, this Agreement
is subject to any additional restrictions, limitations, conditions, or any statute enacted by
the Congress, tate Legislature, or City governing board that may affect the provisions,
terms, or fun f this Agreement in any manner. It is mutually agreed that if sufficient
funds are riated, this Agreement may be amended to reflect any reduction in
funds. as t tion to terminate the Agreement pursuant to Section 8.0 or by
mutu eement to nd the Agreement to reflect any reduction of funds.
13.14 Contin Fe
ement that no p n or
S this Agre t up(
per e b e, or
establi ercia
contingent fee.
13.15 Inspection of
City, the State, and the FH
to review and inspect the prc
performance period of this Ag
Contracting Party warrants, by execution of this
g agency has been employed, or retained, to solicit or
agreement or understanding, for a commission,
n ee, excepting bona fide employees, or bona fide
Iling cies maintained by Contracting Party for the
For bre r violation of this warranty, City has the right
ut liabili ay only for the value of the work actually
d m the Agreement price or consideration, or
uch commission, percentage, brokerage, or
Contra JlRd any subconsultant shall permit
d ipnds are used in this Agreement;
nd all reasonable times during the
ent. 1,61
13.16 Safety. Contracting Party shall ply wit�JVr
tions applicable
to Contracting Party regarding necessary sa equip oce . Contracting
Party shall comply with safety instructions i d by ty Office other City
representatives. Contracting Party personne all ar and safet sts at all
times while working on the construction project ursuant authorit ained
in Vehicle Code §591, City has determined that ch areas are ithin the lima the
project and are open to public traffic. Contracting Party shall comply with
requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. c
Party shall take all reasonably necessary precautions for safe operation ehicle
and the protection of the traveling public from injury and damage fro vehicles.
Contracting Party must have a Division of Occupational Safety and (CAL -OSHA)
permit(s), as outlined in Labor Code §6500 and §6705, prior to nitiation of any
practices, work, method, operation, or process related to the constr tion or excavation
of trenches which are five (5) feet or deeper. Any subcontract entered into as a result of
this contract shall contain all of the provisions of this Section.
13.17 Claims Filed by City's Construction Contractor. If claims are filed by City's
construction contractor relating to work performed by Contracting Party's personnel, and
additional information or assistance from Contracting Party's personnel is required in
order to evaluate or defend against such claims; Contracting Party agrees to make its
-36-
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. Contracting Party'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 th t are being paid for Contracting Party's personnel services under this
Agreement. ices of Contracting Party's personnel in connection with City's
constructs for claims will be performed pursuant to a written contract
amend if ne ry, extending the termination date of this Agreement in order to
resolydW construcf?Wlaims.
13.18 Nationa bor Relations Board Certification. In accordance with Public
tract Code §102 ontra ' g Party hereby states under penalty of perjury that no
an one fin ppeal ding of contempt of court by a federal court has been
issu ain actin . in the immediately preceding two-year period,
becau dctin 's fail comply with an order of a federal court that
orders Contracting P mply wit order of the National Labor Relations Board.
13.19 C arts. gr nt may be executed in counterparts, each of
which shall be d ed to be nd such counterparts shall constitute one and
the same instrument.
13.20 Inte rated A r ent. This cluding the exhibits hereto is the
entire, complete, and excl exp the derstanding of the parties. It is
understood that there are no is be n the parties hereto affecting this
Agreement and this Agreem super s cancelsy and all previous
negotiations, arrangements, agreements, derstand' any, between the
parties, and none shall be used to interpret thi"reemen
13.21 Amendment. No amendment mo f this
valid unless made in writing and approved) on g nd
of City. The parties agree that this requirement fo en mods
and that any attempted waiver shall be void. Contr ting Party sh,
covered by an amendment after the amendment is executed and
has been provided by City Contract Officer.
t shall be
✓ Council
ns cannoig
only comme
notification to
13.22 Severability. In the event that any one or more of the a , phrases,
sentences, clauses, paragraphs, or sections contained in this rAnt, shall be
declared invalid or unenforceable, such invalidity or unenforceabilit ffect any
of the remaining articles, phrases, sentences, clauses, paragraphtions of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
13.23 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
-37-
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowl2dgment of the parties.
13.
set fort is R
AgregaWand no
S
3.25 Authorit
hereto repreare duly a
exec is ) the
any other Agreement
the heirs, executor,
ent,
Beneficiaries. With the exception of the specific provisions
there are no intended third -party beneficiaries under this
r third parties shall have any rights or obligations hereunder.
rhe persons executing this Agreement on behalf of each of the
andw rant that (i) such party is duly organized and existing,
;d to to and deliver this Agreement on behalf of said party,
ch party is formally bound to the provisions of this
Cring in .s Agreement does not violate any provision of
d pa ound. This Agreement shall be binding upon
rs, sucsors, and assigns of the parties.
[SIG
FOLLOWING PAGE]
OWN
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a Californiaj& icipal Corporation
J� MILLEN, CIranager
of La Quinta, C rnia
ATTEST:
MONIKA RADEVA, City C
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attc
City of La Quinta, California
By:_
Name:
Title:
By:_
Name:
Title:
-39-
M111:1i%1
[See Attached]
Exhibit A
Page 1 of 4 Last revised summer 2017
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. ' ing Wage Compliance. If Contracting Party is a contractor
performi blic s and maintenance projects, as described in this Section 1.3,
Conti Party sh mply with applicable Federal, State, and local laws. Contracting
Par ware of the irements of California Labor Code Sections 1720, et seq., and
et seq., as well alifornia Code of Regulations, Title 8, Sections 16000, et seq.,
ectively, the ailing Wage Laws"), and La Quinta Municipal Code
n 3.12.040, re he payment of prevailing wage rates and the
pe ce o requi "Public works" and "Maintenance" projects. If the
Servic perf as p an applicable "Public works" or "Maintenance"
project, as efined b evailing Laws, and if construction work over twenty-
five thousand doll 00) and/ Iterations, demolition, repair or maintenance
work over fiftee sand $1 0.00) is entered into or extended on or after
January 1, 2015 this Agre racting Party agrees to fully comply with such
Prevailing Wage Laws incl g, but not limited to, requirements related to the
maintenance of payroll rec and the em of apprentices. Pursuant to
California Labor Code Secti 725.5, no ubcontractor may be awarded a
contract for public work on ublic ojec ess registered with the California
Department of Industrial Rel t the e the contract is awarded. If the
Services are being performed a art of a le "Public ks" or "Maintenance"
project, as defined by the Prevailing Wage this proje 'ect to compliance
monitoring and enforcement by the DIR. Con ing Part mai and will require
all subcontractors to maintain valid and curre IR Pu orks con r registration
during the term of this Agreement. Co ting II notify in writing
immediately, and in no case more than t my (24) ,after re ' ing any
information that Contracting Party's or any of its contractor registra tatus
has been suspended, revoked, expired, or otherwi e changed. It s understood t is
the responsibility of Contracting Party to determine the correct salary scale. Co
Party shall make copies of the prevailing rates of per diem wages for cr
classification, or type of worker needed to execute the Services availabl tereste
parties upon request and shall post copies at Contracting Party's p ' I place of
business and at the project site, if any. The statutory penalties for fail ay prevailing
wage or to comply with State wage and hour laws will be enforce ontracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day fo each worker who
works in excess of the minimum working hours when Contracting Party does not pay
overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et seq., including
Section 1776. In addition to the other indemnities provided under this Agreement,
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
Exhibit A
Page 2 of 4
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under C lifornia law and/or the implementation of Labor Code Section 1781, as
the same m amended from time to time, and/or any other similar law. Contracting
Party ack and agrees that it shall be independently responsible for reviewing
the ap a la nd regulations and effectuating compliance with such laws.
Contr Party sh quire the same of all subcontractors.
2. Reter
1 2.0 of the
ng
Payments shall be made in accordance with the provisions of
E)men In accordance with said Sections, City shall pay
appoliggen11j,111W Oquired
Agree t
thereof shall be reta
sixty (60) days aft
Contracting Pa
this Agreement, i b
by Contracting Party from t
Public Contract Code § 710'
dispute. City's failure to ded
under the Agreement.
on ninety-five percent (95%) of the Contract Sum
rials incorporated into the Services under this
fere said invoice. The remaining five percent (5%)
Drman ecurity to be paid to Contracting Party within
ance o Services by the City Council of City, after
full release of all undisputed payments under
event there are any claims specifically excluded
peration of the rele e, City may retain proceeds (per
up to one hun ercent (150%) of the amount in
r withhol ct Contracting Party's obligations
3. Utility Relocation. 'Wy is rests
of existing main or trunk -line utilities to the e
invitation for bids or specifications. City sha
incurred in locating, repairing damage not ca
relocating such unidentified utility facilities -4
liquidated damages for delay arising from th
utility facilities.
M
on, or protection
t identified in the
qty for any costs
Section 7104, in the event the work included in this Agreement requires exca
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the f g conditions
are disturbed, notify City, in writing, of any: (1) material that Contr Party believes
may be material that is hazardous waste, as defined in Section 251 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 3 of 4
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c in the event that a dispute arises between City and Contracting Party
whether the c ions materially differ, or involve hazardous waste, or cause a decrease
or increas cting Party's cost of, or time required for, performance of any part of
the wor trac arty shall not be excused from any scheduled completion date
provi r by this ment, but shall proceed with all work to be performed under this
Ag nt. Contracti Party shall retain any and all rights provided either by contract
aw which pertai the resolution of disputes and protests between the contracting
es.
injuryo an c
Party sha"IPIal time o
rules and regulati n
employees appr e to the
is to be performe Safety pre
to: (A) adequate life protectio
in accident prevention for al
scaffolds, fall protection la
trenching and shoring, eq
apparel as are necessary o
(C) adequate facilities for the p
shall execute and maintain its work so as to avoid
)r rty. In carrying out the Services, Contracting
Hand h all applicable local, state, and federal laws,
exerci all necessary precautions for the safety of
e of ork and the conditions under which the work
applicable shall include, but shall not be limited
d li esaving equipment and procedures; (B) instructions
ployees andsfaintenane
ctors, such as safe walkways,
bridge , confined space procedures,
it savices, equipment and wearing
iredent accidents or injuries; and
r inspe a,all safety measures.
6. Liquidated Damages. Since the rminati ac amages for any
delay in performance of the Agreement v e ext difficu impractical to
determine in the event of a breach of this Ag ent, g Party be liable for
and shall pay to City the sum of One Thousan o�rce.
00 as liquidat
for each working day of delay in the performany Service
hereunder, as specified in the Schedule of Performn additi,liquidated
may be assessed for failure to comply with the emergency call out requiremen
described in the Scope of Services. City may withhold from any moneys y�
account of the Services performed by Contracting Party any accrued liquida
Exhibit A
Page 4 of 4
Sect
Part,
(A
in
Wi
); f this R
er this
Iffc; Sum").
ents made on
Jule of cor
kby Con
on
Th
Exhibit B
Schedule of Compensation
of compensation for Additional Services, provided for in
lent, the maximum total compensation to be paid to Contracting
nent is not to exceed ($ )
ontract Sum shall be paid to Contracting Party in installment
nthly basis and in an amount identified in Contracting Party's
Exhibit B
Page 1 of 1
Con
Exhibit A
and incot
Exhibit C
Schedule of Performance
shall complete all services identified in the Scope of Services,
nent, in accordance with the Project Schedule, attached hereto
by this reference.
Exhibit C
Page 1 of 1
Exhibit D
Special Requirements
Exhibit D
Page 1of1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing ins e with minimum limits as indicated below and issued by insurers with
A.M. Best r no less than A -VI:
Fercial GJ
00,000 (per
,000,000 (ger
Must include t
General
Gen
Com-17MMTal Au
$1,000,000(p
Personal AUA
Liability (at least as broad as ISO CG 0001)
irrence)
aggregate)
Ilowirm endorsements:
Ility A'ildlibLal Insured
ility d Non-contributory
Errors and Omissions
$1,000,000 (per claim
ity (at lea
gregate)
broad as ISO CA 0001)
Workers' Compensati
(per statutory requireXis
Must include the follo do
Workers Compensation with
Workers Compensation Decla
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
licable
Contracting Party shall procure ar
concurrently with its execution of this Agreement,
against all claims for injuries against persons
Contracting Party's acts or omissions rising o
performance under this Agreement. The insurai
interest clause providing that the coverage shy
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
Exhibit E
Page 1 of 6
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi-tr ' ed for travel on public roads. The automobile insurance policy shall
contain rabi interest clause providing that coverage shall be primary for losses
arisi of Contra Party's performance hereunder and neither City nor its insurers
sh reauired to co bute to such loss.
Professioiffiability r Errors and Omissions Insurance as appropriate shall
b ten on a po ' rm c specifically designed to protect against acts, errors
oro ns ntra a d "Covered Professional Services" as designated
in the speci ' includ k performed under this agreement. The policy
limit shall be no less 000,000 laim and in the aggregate. The policy must
"pay on behalf of ur d must i de a provision establishing the insurer's duty
to defend. The y retro d II be on or before the effective date of this
agreement.
Contracting Pa hall carry W Compensation Insurance in
accordance with State Work Compens ' employer's liability limits no less
than $1,000,000 per accide dise
Contracting Party sh procure tain Cybe bility insurance with
limits of $1,000,000 per occurrence/loss whic include t ing coverage:
a. Liability arising from the theft,
personally identifiable informE
regulatory fines arising from
confidential information.
I
Network security liability arising from the unauthorized
or tampering with computer systems.
c. Liability arising from the failure of technology products (
under the contract for Consultant to properly perform tU
intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep -
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services.
Exhibit E
Page 2 of 6
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self-insured retention is increased.
In the event f said policies of insurance are cancelled, Contracting Party shall, prior
to the can ate, submit new evidence of insurance in conformance with this
Exhibit t on fficer. The procuring of such insurance or the delivery of policies
or ce es evide the same shall not be construed as a limitation of Contracting
Pa bligation to i nify City, its officers, employees, contractors, subcontractors,
K
Parr
exten
a.
premiums for su
b. Order Cor
withhold any payment(s)
Contracting Party demonst
any other remedies City may have if Contracting
insurance policies or policy endorsements to the
L, City may, at its sole option:
I deduct and retain the
due under this Agreement.
Exercise of any of the above remI
remedies City may have. The above remE
Contracting Party's failure to maintain or sec
Nothing herein contained shall be construe
Contracting Party may be held responsibl
property resulting from Contracting Party's o
under this Agreement.
E.3 General Conditions Pertaining
Contracting Party. Contracting Party and
insurance provided by Contracting Party:
under this Agreement
racting Party hereunder
irements hereof.
ative to any other
ive remedies for
City agree to the following
Lnt
orsements. to which
1. Contracting Party agrees to have its insurer endorse th party general
liability coverage required herein to include as additional insur ity, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
Exhibit E
Page 3 of 6
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 Contracting Party 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 City or
its operations ' s the application of such insurance coverage.
4 on the coverages required herein will be in compliance with these
requir s if they de any limiting endorsement of any kind that has not been first
su to City and roved of in writing.
%un
No liab' olicy s all contain any provision or definition that would serve
so -call ird p ction over" claims, including any exclusion for bodily
em of th of any contractor or subcontractor.
6. cover es and Ii required are subject to approval, modification
and additional re the City, the need arises. Contracting Party shall not
make any reduc ' in sc f cov e (e.g. elimination of contractual liability or
reduction of dis ry period) ect City's protection without City's prior written
consent.
7. Proof of com ce with the,
certificates of insurance evi ing all
endorsement to Contracting rt ' li
prior to the execution of this Ag nt.
delivered as required, or in the event such
replacement coverage is provided, City has
insurance it deems necessary to protect its it
and to pay the premium. Any premium so p
paid by Contracting Party or deducted from 4
MIM
s
ce requirements, consisting of
Fce
uired and an additional insured
y, shall be delivered to City at or
ch proo f any insurance is not
s ca t any time and no
ght, bu h ty, to obtain any
:s un s or a er agreement
;it a charge nd promptly
nt Party, a Cj
8. It is acknowledged by the partiesW this agree?Wt that all 11
coverage required to be provided by Contracting Party or any subcontractor, is i
to apply first and on a primary, non-contributing basis in relation to any other
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors,a otf
involved with the project that is brought onto or involved in the pWo'n'tractin y Col
Party, provide the same minimum insurance coverage required
Contracting Party 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. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party 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
Exhibit E
Page 4of6
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 Contracting Party'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 Contracting Party,
which may incl de reduction or elimination of the deductible or self-insured retention,
substitution qr coverage, or other solutions.
ine
chan amount
nin 0) days adv
al additional
:e:nsation propo
F
deem er
can be deemed to be,
rves the right at any time during the term of this Agreement to
types of insurance required by giving the Contracting Party
written notice of such change. If such change results in
to the Contracting Party, the City will negotiate additional
to th�ncreased benefit to City.
13. Co,gWng P<
failure on the pWof City
insurance requirement in no
waive any rights hereunder i
14. Contracting P
or its employees or agents fa i
agreement. This obligation appy
any reason. Termination of this
statement to that effect.
insurance coverage only, this Agreement will be
kely upon any party hereto taking any steps that
wards performance of this Agreement.
3kno ges and agrees that any actual or alleg(
awntracting Party of non-compliance with ar
mposes any additional obligations on City nor does
or any other read&6
)verage annually as long as City,
tions of any type pursuant to this
ent is caiceled or terminated for
15. Contracting Party shall provid oof t ies of in ce
herein expiring during the term of this Agre nt e ewed orTejA
other policies providing at least the same covers roof tha coveraglq
ordered shall be submitted prior to expiration. A coverage ander or le
Contracting Party's insurance agent to this effect is acceptable. A certificate of i
and an additional insured endorsement is required in these specifications ap
the renewing or new coverage must be provided to City within five (5
expiration of coverages.
16. The provisions of any workers' compensation or similayiWill not limit the
obligations of Contracting Party under this agreement. Contrac Party 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
section are not intended as limitations on coverage
waiver of any coverage normally provided by any
Exhibit E
Page 5 of 6
features, or limits contained in this
limits or other requirements nor as a
given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19.quirements in this Exhibit supersede all other sections and provisions
of this A en extent that any other section or provision conflicts with or impairs
the ar ns$1 of thi ibit.
F20. Contra
by any party it
Lntracting PajJ
agn
inte
requireme'n7.7l
amounts with re
21.
Party agrees to be responsible for ensuring that no contract
J in a way with the project reserves the right to charge City
the of additional insurance coverage required by this
' to be deleted with reference to City. It is not the
any party for the cost of complying with these
or loss against Contracting
City assumes no obligation
to monitor the handling of a
no recoJWgainst City for payment of premiums or other
Wprovide immediate notice to City of any claim
an g out of the work performed under this agreement.
bility by such 4no*t has the right (but not the duty)
ch claim or y are likely to involve City.
Exhibit E
Page 6of6
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Alndemnification for Professional Liabilitv. When the law establishes a
profession rd of care for Contracting Party's Services, to the fullest extent
permitte a ntracting Party shall indemnify, protect, defend (with counsel
select City), a Id harmless City and any and all of its officials, employees, and
age ndemnified ies") from and against any and all claims, losses, liabilities of
e ind, nature, an escription, damages, injury (including, without limitation, injury
r death of an e yee of Contracting Party or of any subcontractor), costs and
ses of any ki ethe I, alleged or threatened, including, without limitation,
incl I and uenti , court costs, attorneys' fees, litigation expenses,
and fe cons or a witnesses incurred in connection therewith and
costs of inv igation, extent sa re caused in whole or in part by any negligent
or wrongful act, err n of Co ting Party, its officers, agents, employees or
subcontractors enti ndivi that Contracting Party shall bear the legal
liability thereof) i e perfor essional services under this agreement. With
respect to the design of publi provements, the Contracting Party shall not be liable for
any injuries or property dam esulting from of the design at a location other
than that specified in Exhibit ithout the nt of the Contracting Party.
b. Indemnificati an Pr signal I iabilit . Other than in the
performance of professional serimpus and e f xtent perm' d by law, Contracting
Party shall indemnify, defend (with counse ed by Cit hold harmless the
Indemnified Parties from and against any Ii (inclu ab or claims, suits,
actions, arbitration proceedings, administra ' proce regu proceedings,
losses, expenses or costs of any kind, whet actu or threa including,
without limitation, incidental and consequen d s, costs, a or s' fees,
litigation expenses, and fees of expert consul or expe nesses) red in
connection therewith and costs of investigation, he the sa arise out e a
consequence of, or are in any way attributable to, in whole or in part, the perfor f
this Agreement by Contracting Party or by any individual or entity for which c
Party is legally liable, including but not limited to officers, agents, a ees, o
subcontractors of Contracting Party.
C. Indemnitv Provisions for Contracts Related to ConstadMh (Limitation on
Indemnity). Without affecting the rights of City under any provisioiw6f this agreement,
Contracting Party 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 Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Design Professionals.
1. Applicabilitv of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
Scope of Indemnification. When the law establishes a professional
standard o Contracting Party's Services, to the fullest extent permitted by law,
Contrac' arty indemnify and hold harmless City and any and all of its officials,
emplo and ag ("Indemnified Parties") from and against any and all losses,
Iiab' of every ki nature, and description, damages, injury (including, without
I' on, injury to or h of an employee of Contracting Party or of any subcontractor),
s and expenses, ' ding, 'thout limitation, incidental and consequential damages,
c osts, reimb ent neys' fees, litigation expenses, and fees of expert
con is or rt w' a curred in connection therewith and costs of
invests a ext me ar sed by any negligent or wrongful act, error or
omission o ontracti ,its offs' agents, employees or subcontractors (or any
entity or individual 'ting P shall bear the legal liability thereof) in the
performance of sional es this agreement. With respect to the design
of public impro ents, the Party shall not be liable for any injuries or
property damage resulting fr the reuse of the de ign at a location other than that
specified in Exhibit A without written consen s ontracting Party.
3. Desi rofes
term "design professional" sh
engineers, licensed professions d su
under current law, and as may be amended
wed s used in this Section F.1(d), the
licen architects, registered professional
VJFel
andscape hitects, all as defined
to time Code § 2782.8.
F.2 Obligation to Secure Indemnific Provi Contr
to obtain executed indemnity agreements prov' entical to
herein this Exhibit F, as applicable to the ontr from ea
subcontractor or any other person or entity i ed by, ith or o�
Contracting Party in the performance of this Agre ent. In the nt Contra
fails to obtain such indemnity obligations from others as required herein, (
Party agrees to be fully responsible according to the terms of this Exhibit. Fai
to monitor compliance with these requirements imposes no additional oOe
and will in no way act as a waiver of any rights hereunder. This oblig
and defend City as set forth in this Agreement are binding on the suc
heirs of Contracting Party and shall survive the termination of this
Party agrees
e set forth
Exhibit F
Page 2of2
ATTACHMENT 2
REQUEST FOR QUALIFICATIONS EVALUATION
Project Name:
Consultant:
Reviewer:
Refer to Scoring Breakdown on next sheet.
Date:
Understanding of work to be done
30
Experience with similar kinds of work
25
Quality of staff for work to be done
20
Familiarity with State and Federal procedures
15
Format/Organization
10
Total
100
Unique Qualities (Intangibles):
(Explanation)
Comments:
TOTAL
Reviewer's Signature
Contract Administrator's Initials Date
Scoring Breakdown:
Understanding of work to be done - 30 points maximum
0-15: Scope of work is off topic or is missing more than 5 key elements.
16-25: Scope of work is understandable but missing a few key elements.
26-30: Scope of work well justified and most or all key elements are included.
Experience with similar kinds of work - 25 points maximum
0-10 points: Consultant does not include previous experience or has very minimal
experience.
16-20 points: Consultant lists previous experience, but experience is not relevant or
similar.
21-25 points: Consultant lists relevant previous experience with similar work.
Quality of staff for work to be done - 20 points maximum
0-8 points: Resumes not included or staff has little to no experience with similar
project.
9-15 points: Staff list includes resumes, but experience is not relevant or similar.
16-20 points: Staff has relevant experience and is competent to perform scope
requested.
Familiarity with State and Federal Procedures - 15 Points Maximum
0-4 points: Zero to little previous Federal and State project experience
5-10 points: Federal and State experience but not on similar work.
11-15 points: Relevant Federal and State Experience.
Format/Organization - 10 points maximum
0-4: Scope of work is not or barely organized into tasks and subtasks, does not flow
clearly.
5-7: Scope of work is organized into tasks and subtasks, but not in a clear logical
order.
8-10: Scope of work is well organized into logical tasks and subtasks to complete a
project.
M
ta �a
ATTACHMENT 3
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and confirm that
(name of company) has reviewed
the City's indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City's Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
lam
(Title)
of
(Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
lam
ta �a
ATTACHMENT 4
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(Title)
of
(name) hereby declare as follows:
(Company)
the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine
and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with
any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the
proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost
element of the proposal price, or of that of any other proposer, or to secure any advantage against the public
body awarding the agreement of anyone interested in the proposed agreement; that all statements contained in
the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal
price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid,
and will not pay, anyfee to any corporation, partnership, company, association, organization, proposal depository,
or to any member or agent thereof to effectuate a collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
ATTACHMENT 5A
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of 21.00%
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 10-01 Consultant Proposal DBE Commitment must be included
in the 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 meeting the contract
goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed
consultant contract. 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.
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.
Page 1 of 2
January 2020
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
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 Civil Rights website
1. Click on the link 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 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.
Page 2 of 2
January 2020
Local Assistance Procedures Manual
ATTACHMENT 5B
Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal: 21%
3. Project Description:
4. Project Location:
5. Consultant's Name:
Reset Form
6. Prime Certified DBE: ❑
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information
10. DBE %
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION
17. Local Agency Contract Number: 2019-02
18. Federal -Aid Project Number: BR-NBIL(547)
Consultant's Ranking after Evaluation:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
21. Local Agency Representative's Signature 22. Date
23. Local Agency Representative's Name 24. Phone
25. Local Agency Representative's Title
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials 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.
8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
10. 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.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm
must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Consultant's Ranking after Evaluation — Enter consultant's ranking after all submittals/consultants are
evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative's 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.
22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019
ATTACHMENT 5C
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date 06/05/2023 PE/CE
Federal -aid Project No(s).BR-NBIL(547) Bid Opening Date
CON
The City of La Quinta established a Disadvantaged Business Enterprise (DBE) goal of
21.00c for this contract. The information provided herein shows the required good faith efforts to meet or exceed
the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar
days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the
following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form
protects the proposer's or bidder's eligibility for award of the contract if the administering agency determines that
the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the
bidder made a mathematical error.
The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions,
please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this
project was placed by the bidder (please attach copies of advertisements or proofs of
publication):
Publications
Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and
the dates and methods used for following up initial solicitations to determine with certainty whether the
DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
Page 1 of 3
May 2020
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items
into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to
demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE
contract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage
Work Normally Performs Item Items ($) Of
(Y/N) Contract
Pick 0.00%
Pick 0.00%
Pick 0.00%
Pick 0.00%
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's
rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms
involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of
the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
information related to the plans, specifications and requirements for the work which was
provided to DBEs:
Page 2 of 3
May 2020
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or
services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime
contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
H. Any additional data to support a demonstration of good faith efforts:
Page 3 of 3
May 2020
ATTACHMENT 6A
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required)
Consultant's Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as
a party of a contract with a recipient or sub -recipient of Federal assistance. Therefore, the Indirect Cost Rate(s)
shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate:
Home Office Rate:
Or
and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the
consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined
to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost
principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations
(CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48
CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage
policy as either direct labor, indirect costs, or other direct costs on all federally -funded A&E Consultant
Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's
ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request
form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately
accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23
United States Code (U.S.C.) Section 112(b)(2): 48 CFR Part 31.201-2(d): 23 CFR, Chapter 1. Part 172.11(a)(2):
and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts;
• Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
accounts;
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost;
• Internal controls to maintain integrity of financial management system;
• Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR;
• Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and
• Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to
Federal -Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the
following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733
• Statements or entries generally - Title 18 U.S.C. Section 1001
• Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount
on all State and FAHP contracts for Architectural &
Engineering services that the consultant received in the last three fiscal periods.
• The number of states in which the consultant does business is
• Years of consultant's experience with 48 CFR Part 31 is
• Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit ❑
CPA ICR Audit ❑
Local Govt ICR Audit ❑
Federal Govt ICR Audit ❑
Caltrans ICR Audit ❑
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the
ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles
have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and
all applicable state and federal rules and regulations. I also certify that I understand that all documentation of
compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the
federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:**
Signature:
Phone**:
Email**:
Title**:
Date:
**An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a
Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to
establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not
process local agency's invoices until a complete form is accepted and approved by the Independent Office of
Audits and Investigations.
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022
ATTACHMENT 6B
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
SAMPLE COST PROPOSAL 1 Reset Form i
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ❑ Prime Consultant ❑ Subconsultant ❑ 2' Tier Subconsultant
Consultant
Project No.
DIRECT LABOR
Contract No. Date
Classification/Title
Name
Hours
Actual Hourly Rate
Total
$ 0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
INDIRECT COSTS
$ 0.00
$ 0.00
$ 0.00
$ 0.00
e) Total Fringe Benefits [(c) x (d)] $ 0.00
f) Overhead (Rate: 0.00% )
g) Overhead [(c) x (f)] $ 0.00
h) General and Administrative (Rate:
0.00% ) i) Gen & Admin [(c) x (h)] $ 0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 0.00
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 0.00% ] $ 0.00
LABOR COSTS
Unit Unit Cost Total
a) Subtotal Direct Labor Costs
$ 0.00
b) Anticipated Salary Increases (see page 2 for calculation)
$ 0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
INDIRECT COSTS
d) Fringe Benefits (Rate: )
e) Total Fringe Benefits [(c) x (d)] $ 0.00
f) Overhead (Rate: 0.00% )
g) Overhead [(c) x (f)] $ 0.00
h) General and Administrative (Rate:
0.00% ) i) Gen & Admin [(c) x (h)] $ 0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 0.00
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 0.00% ] $ 0.00
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional DaLFes if necessarv)
Description of Item Quantity
Unit Unit Cost Total
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Test
$ 0.00
1) TOTAL OTHER DIRECT COSTS SO -00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS' COSTS $ 0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] % 0 no
TOTAL COST [(c) + 0) + (k) + (n)] $ 0.00
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked
with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 3
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
SAMPLE COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Direct Labor
Total Hours per
Avg 5 Year
Subtotal per Cost
Cost Proposal
Hourly Contract
$50.00 1000
Proposal
Estimated Hours Year 1
Year 2
Rate Duration
= $102,000.00
$250,000.00
500
=
$50.00 Year 1 Avg
Estimated Hours Year 3
Year
$53.06 750
= $39,795.30
Hourly Rate
2. Calculate hourly rate for all years
(Increase the Average Hourly Rate for a year by proposed escalation %)
= $27,060.80
Avg Hourly Rate
Proposed Escalation
Total Direct Labor Cost with Escalation
= $257,871.10
Year 1
$50.00
+ 2%
_ $51.00
Year 2 Avg Hourly Rate
Year 2
$51 00
+ 2%
_ $52.02
Year 3 Avg Hourly Rate
Year 3
$52.02
+ 2%
_ $53 06
Year 4 Avg Hourly Rate
Year 4
$53.06
+ 2%
_ $54.12
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each
year by total hours)
Estimated % Completed
Total Hours per Cost
Total Hours
per
Each Year
Proposal
Year
Year 1
20.0%
5000 =
1000
Estimated Hours Year 1
Year 2
400%
5000 =
2000
Estimated Hours Year 2
Year 3
15.0%
5000 =
750
Estimated Hours Year 3
Year 4
15.0%
5000 =
750
Estimated Hours Year 4
Year 5
100%
5000 =
500
Estimated Hours Year 5
Total
100%
Total =
5000
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1 . This is not the onlyway to estimate salary increases. Other methodswill be accepted if they clearly indicate the %
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable.
(i e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Page 2 of 3
Avg Hourly Rate Estimated hours
Cost per
(calculated above) (calculated above)
Year
Year 1
$50.00 1000
= $50,000.00
Estimated Hours Year 1
Year 2
$51.00 2000
= $102,000.00
Estimated Hours Year 2
Year 3
$52.02 750
= $39,015.00
Estimated Hours Year 3
Year
$53.06 750
= $39,795.30
Estimated Hours Year 4
Year 5
$54.12 500
= $27,060.80
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $257,871.10
Direct Labor Subtotal before Escalation
= $250,000.00
Estimated total of Direct Labor Salary
=
Transfer to Page 1
Increase
$7,871.10
NOTES:
1 . This is not the onlyway to estimate salary increases. Other methodswill be accepted if they clearly indicate the %
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable.
(i e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Page 2 of 3
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
SAMPLE COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and
Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name:
SigInature :
Email:
Address:
Title *:
Date of Certification (mmlddlyyyy):
Phone Number:
$ 0.00
*An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
LISt services the Consultant IS DrOVldlna unaertne DroDosea contract:
Page 3 of 3
ta 0�W
CALIFORNIA
ATTACHMENT 7
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal,
If no addenda has been issued, mark "N/A" under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. I SIGNATURE INDICATING RECEIPT