2024-28 Mark Thomas & Company - Prof Eng Services Project 2019-02 Ave 50 BridgeMEMORANDUM
DATE: April 30, 2024
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U]I ORN1.1
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Administrative Technician
RE: Mark Thomas & Company for Professional Engineering Services for project no.
2019-02, Avenue 50 Bridge.
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
IV -6 Approved by City Council on February 20, 2024 - B2
.a City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
.Q Bid ❑✓ RFP 0 RFQ _❑. 3 written informal bids
QSole Source F] Select Source 1-1 Cooperative Procurement
Reauestina deuartment shall check and attach the items below as auurouriate:
7 Agreement payment will be charged to Account No.: 401-0000-60185-201902-D
February 20, 2024 June 30, 2028
✓ Agreement term: Start Date _ _ _ End Date
. ✓Q Amount of Agreement, Amendment, Change Order, etc.: $ 2,332,864.66
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
FV—/1 Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 5/1/2024
aBonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
_a Business License No. In progress - CE Expires:
.Q Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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 Mark Thomas & Company, a Corporation with a place of business at
4200 Concours Street, Suite 330, Ontario, CA 91764 ("Contracting Party"). The parties
hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions
of this Agreement, Contracting Party shall provide those Professional Engineering
Services related to preparing the plans, specifications, and engineer's estimate for the
Avenue 50 Bridge Project (Federal Project No. NBIL (547), (City Project No. 2019-02), as
specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated
herein by this reference (the "Services"). If Exhibit A includes "Phases" or "Optional
Tasks", Contracting Party hereby understands that this was done in accordance with
Section 13.13 of this Agreement and all phases beyond the first phase and/or the optional
tasks may be deducted from the scope by the Contract Officer along with their
corresponding Contract Sum without additional compensation. Contracting Party
represents and warrants that Contracting Party is a provider of first-class work and/or
services and Contracting Party is experienced in performing the Services contemplated
herein and, in light of such status and experience, Contracting Party covenants that it
shall follow industry standards in performing the Services required hereunder, and that
all materials, if any, will be of good quality, fit for the purpose intended. For purposes of
this Agreement, the phrase "industry standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar services under similar
circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the Services required by this Agreement,
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 restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any adjustment in
(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of Contracting Party. It is expressly
understood by Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably contemplated
therein. It is specifically understood and agreed that oral requests and/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
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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.
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 the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated based on Lump Sum in accordance with "Exhibit
B" (the "Schedule of Compensation"). The total amount payable by City shall not exceed
Two Million Three Hundred Thiry -two Thousand Eight Hundred Sixty -Four Dollars and
Sixty -Six Cents ($2,332,864.66) (the "Contract Sum"), except as provided in Section 1.7.
The total lump sum price paid to Contracting Party will include compensation for all work
and deliverables, including travel and equipment described in "Exhibit A". The Contract
Sum shall include the attendance of Contracting Party at all project meetings reasonably
deemed necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the Schedule
of Compensation. No additional compensation will be paid to Contracting Party unless
there is a change in the scope of the work or the scope of the project. In the instance of
a change in the scope of work or scope of the project, adjustment to the total lump sum
compensation will be made in accordance with Section 1.7.
2.2 Method of Billing & Payment. Progress payments will be made monthly in
arrears based on the percentage of work completed by Contracting Party. If Contracting
Party fails to submit the required deliverable items according to the schedule set forth in
Section 3.2, City shall have the right to delay payment or terminate this Agreement. Any
month in which Contracting Party wishes to receive payment, Contracting Party shall
submit to City no later than the tenth (10th) working day of such month, in the form
approved by City's Finance Director, an invoice for Services rendered prior to the date of
the invoice. Invoices shall be submitted no later than thirty (30) calendar days after the
performance of work for which Contracting Party is billing. Invoices shall detail the work
performed on each milestone and each project as applicable. Invoices shall follow the
format stipulated in the Schedule of Compensation and shall reference 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
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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
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 Prompt Payment: The City shall make all project progress payment within
30 days after receipt of an undisputed and properly submitted payment request from
Contracting Party on a professional service contract. If the City fails to pay promptly, the
City shall pay interest to the Contracting Party, which accrues at the rate of 10 percent
per annum on the principal amount of a money judgment remaining unsatisfied and pre -
rated as necessary. Upon receipt of the payment request, the City shall act in accordance
with both of the following:
1) The City shall review each payment request as soon as feasible after receipt to
verify it is a proper payment request.
2) The City must return any payment request deemed improper by the City to the
Contracting Party as soon as feasible, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall include documentation
setting forth in writing the reasons why it is an improper payment request.
For projects awarded on or after September 1, 2023: the Contracting Party must now
submit Exhibit 9-P to the City administering the Agreement by the 15th of the month
following the month of any payment(s). If the Contracting Party does not make any
payments to subconsultants, supplier(s), and/or manufacturers Contracting Party must
report "no payments were made to subs this month" and write this visibly and legibly on
Exhibit 9-P.
The City must verify all Exhibit 9-P information, monitor compliance with prompt payment
requirements for DBE and non -DBE firms, and address any shortfalls to the DBE
commitment and prompt payment issues until the end of the project. The City must email
a copy of Exhibit 9-P to DBE.Forms(a_dot.ca.gov before the end of the month after
receiving the Exhibit 9-P from the Contracting Party.
2.4 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) 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,
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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.
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 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee. Contracting Party shall not commence performance of work or
services until this Agreement has been approved by City and notification to proceed has
been issued by City's Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Section 8.0 of this Agreement, the term of this agreement shall commence on February
20, 2024, contingent upon approval by City, and Contracting Party shall commence work
after notification to proceed by City's Contract Officer. The Agreement shall terminate on
June 30, 2028, unless extended by an Amendment to this Agreement. Contracting Party
is advised that any recommendation for Agreement award is not binding on City until the
Agreement is fully executed and approved by City.
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4. COORDINATION OF WORK.
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] Paul Mittica, PE
Tel No.: (626) 862-1583
E-mail: pmittica@markthomas.com
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing Principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing Principals shall be responsible during the term of
this Agreement for directing all activities of Contracting Party and devoting sufficient time
to personally supervise the Services hereunder. For purposes of this Agreement, the
foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer" shall be Bryan McKinney P.E.,
Public Works Director/City Engineer or other such assigned designee as may be
designated in writing by the City Manager of City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services and Contracting Party shall refer any
decisions, which must be made by City, to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which 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 employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Contracting Party for injury or sickness arising out
of performing the Services hereunder. Notwithstanding any other City, state, or federal
policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
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Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
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
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
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, but not defend, and hold harmless City and any and all of its
officers, and employees as set forth in "Exhibit F" ("Indemnification") which is incorporated
herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party's Project Manager shall meet with
City as necessary to discuss progress on the Agreement. Contracting Party hereby
acknowledges that City is greatly concerned about the cost of the Services to be
performed pursuant to this Agreement. For this reason, Contracting Party agrees that if
Contracting Party becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the Services contemplated herein
or, if Contracting Party is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned designee, of
said fact, circumstance, technique, or event and the estimated increased or decreased
cost related thereto and, if Contracting Party is providing design services, the estimated
increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, Independent CPA Audited Indirect
Cost Rate workpapers, or other documents relating to the disbursements charged to City
and the Services performed hereunder (the "Books and Records"), as shall be necessary
to perform the Services required by this Agreement and enable the Contract 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 City, and access shall be provided by Contracting Party's successor in interest.
Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of City, for a period of three (3) years after final
payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City
of any Documents and Materials prepared by them, and in the event Contracting Party
fails to secure such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
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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
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 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk. Publication of the information derived from work performed or data
obtained in connection with services rendered under this Agreement must be approved
in writing by City. Additionally, it is agreed that the Parties intend this to be an Agreement
for services and each considers the products and results of the services to be rendered
by Contracting Party hereunder to be work made for hire. Contracting Party
acknowledges and agrees that the work (and all rights therein, including, without
limitation, copyright) belongs to and shall be the sole and exclusive property of City
without restriction or limitation upon its use or dissemination by City.
7.7 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.8 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
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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
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 this Agreement. All information related to the construction estimate is
confidential and shall not be disclosed by Contracting party to any entity, other than City,
Caltrans, and/or FHWA. All of the materials prepared or assembled by Contracting Party
pursuant to performance of this Agreement are confidential and Contracting Party agrees
that they shall not be made available to any individual or organization without the prior
written approval of City or except by court order. If Contracting Party or any of its officers,
employees, or subcontractors does voluntarily provide information in violation of this
Contract, City has the right to reimbursement and indemnity from Contracting Party for
any damages caused by Contracting Party releasing the information, including, but not
limited to, City's attorney's fees and disbursements, including without limitation experts'
fees and disbursements. Contracting Party's covenant under this section shall survive
the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the laws
of the State of California. Legal actions concerning any dispute, claim, or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the County
of Riverside, State of California, or any other appropriate court in such county, and
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. Prior to either party commencing any legal action under this Agreement, the
parties agree to try in good faith, to settle any dispute amicably between them. If a dispute
has not been settled after forty-five (45) days of good -faith negotiations and as may be
otherwise provided herein, then either party may commence legal action against the
other. The injured party shall continue performing its obligations hereunder so long as
the injuring party commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
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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
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 information submitted by Contracting Party. Not later than thirty (30) calendar days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, Contracting Party may request review by City Governing Board of unresolved
claims or disputes, other than audit. The request for review shall be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the committee will excuse
Contracting Party from full and timely performance in accordance with the terms of this
Agreement. Audit Disputes shall be considered as provided for Section 10.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
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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
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.
Notwithstanding any provisions of this Agreement, Contracting Party shall not be relieved
of liability to City for damages sustained by City by virtue of any breach of this Agreement
by Contracting Party, and City may withhold any payments due to Contracting Party until
such time as the exact amount of damages, if any, due City from Contracting Party is
determined.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
8.10 Suspension of Work. City may temporarily suspend this Agreement, at no
additional cost to City, provided that Contracting Party is given written notice (delivered
by certified mail, return receipt requested) of temporary suspension. If City gives such
notice of temporary suspension, Contracting Party shall immediately suspend its activities
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under this Agreement. A temporary suspension may be issued concurrent with the notice
of termination provided for in this Section 8.0.
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 the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of City or which would in any way hinder
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement. During the term
of this Agreement, the Contracting Party shall disclose any financial, business, or other
relationship with City that may have an impact upon the outcome of this Agreement or
any ensuing City construction project. The Contracting Party shall also list current clients
who may have a financial interest in the outcome of this Agreement or any ensuing City
construction project which will follow.
No officer or employee of City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any decision relating to
this Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. Contracting Party warrants that it has not paid
or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
Contracting Party certifies that it has disclosed to City any actual, apparent, or potential
conflicts of interest that may exist relative to the services to be provided pursuant to this
Agreement. Contracting Party agrees to advise City of any actual, apparent or potential
conflicts of interest that may develop subsequent to the date of execution of this
Agreement. Contracting Party further agrees to complete any statements of economic
interest if required by either City ordinance or State law.
Contracting Party hereby certifies that the Contracting Party or subconsultant and any
firm affiliated with the Contracting Party or subconsultant that bids on 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.
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9.3 Covenants against Discrimination. The Contracting Party's signature
affixed herein and dated shall constitute a certification under penalty of perjury under the
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 the Agreement's benefits to any person on the basis of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status, nor shall they unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because
of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status.
Contracting Party and subconsultants shall insure that the evaluation and treatment of
their employees and applicants for employment are free from such discrimination and
harassment.
Contracting Party and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations
promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-
11139.5, and the regulations or standards adopted by City to implement such article. The
applicable regulations of the Fair Employment and Housing Commission implementing
Gov. Code §12990 (a -f), set forth 2 CCR §§8100-8504, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Contracting Party
shall permit access by representatives of the Department of Fair Employment and
Housing and the City upon reasonable notice at any time during the normal business
hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records,
accounts, and all other sources of information and its facilities as said Department or City
shall require to ascertain compliance with this clause.
Contracting Party and its subconsultants shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other
Agreement.
Contracting Party shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this Agreement.
The Contracting Party, with regard to the work performed under this Agreement, shall act
in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title
VI provides that the recipients of federal assistance will implement and maintain a policy
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.
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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 -
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 with the award and performance of any contract covered by 49 CFR 26 on
the basis of race, color, sex, or national origin. In administering the City components of
the DBE Program Plan, Contracting Party, subrecipient or subconsultant will not, directly,
or through contractual or other arrangements, use criteria or methods of administration
that have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE Program Plan with respect to individuals of a particular race, color,
sex, or national origin.
Title VI Assurances — Appendix A
During the performance of this Agreement, the contractor, for itself, its assignees and
successors in interest (hereinafter collectively referred to as Consultant) agrees as
follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative
to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: Consultant, with regard to the work performed by it during the
agreement, shall not discriminate on the grounds of race, color, sex, national
origin, religion, age, or disability in the selection and retention of sub -applicants,
including procurements of materials and leases of equipment. Consultant shall not
participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the agreement
covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub -agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by Consultant for work to be performed under a Sub- agreement, including
procurements of materials or leases of equipment, each potential sub -applicant or
supplier shall be notified by Consultant of the Consultant's obligations under this
Agreement and the Regulations relative to nondiscrimination on 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
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facilities as may be determined by the recipient or FHWA to be pertinent to
ascertain compliance with such Regulations or directives. Where any information
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 nondiscrimination provisions of this agreement, the recipient shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
withholding of payments to Consultant under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination, or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs
(1) through (6) in every sub -agreement, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto.
Consultant shall take such action with respect to any sub -agreement or procurement as
the recipient or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event Consultant becomes
involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of
such direction, Consultant may request the recipient enter into such litigation to protect
the interests of the State, and, in addition, Consultant may request the United States to
enter into such litigation to protect the interests of the United States.
Title VI Assurances — Appendix E
During the performance of this contract, the Contracting Party, for itself, its assignees,
and successors in interest agrees to comply with the following nondiscrimination statutes
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 seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
- The Uniform Relocation Assistance and Real Property Acquisition 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);
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- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
- 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);
- Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4
7123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,
by expanding the definition of the terms "programs or activities" to include all of
the programs or activities of the Federal -aid recipients, subrecipients and
contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Page
2of2
- The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
- 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 City's Chief Financial Officer of unresolved audit issues. The request for
review will be submitted in writing. Neither the pendency of a dispute nor its consideration
by City will excuse Contracting Party from full and timely performance, in accordance with
the terms of this Agreement.
10.2 Audit Review Procedures. Contracting Party and subconsultant
Agreements, including Schedule of Compensation, cost proposals and Indirect Cost
Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement
audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If
selected for audit or review, the Agreement, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other
related laws and regulations. In the instances of a CPA ICR audit work paper review it is
Contracting Party's responsibility to ensure federal, City, or local government officials are
allowed full access to the CPA's work papers including making copies as necessary. The
Agreement, cost proposal, and ICR shall be adjusted by Contracting Party and approved
by City Contract Officer to conform to the audit or review recommendations. Contracting
Party agrees that individual terms of costs identified in the audit report shall be
incorporated into the Agreement by this reference if directed by City at its sole discretion.
Refusal by Contracting Party to incorporate audit or review recommendations, or to
ensure that the federal, City or local governments have access to CPA work papers, will
be considered a breach of Agreement terms and cause for termination under Section 8.0
of the Agreement and disallowance of prior reimbursed costs.
10.3 Caltrans Audits and Investigations Work Paper Review. Contracting Party's
Schedule of Compensation may be subject to a CPA ICR Audit Work Paper Review
and/or audit by Independent Office of Audits and Investigation (AOAI). IOAI, at its sole
discretion, may review and/or audit and approve the CPA ICR documentation. The
Schedule of Compensation shall be adjusted by the Contracting Party and approved by
the City Contract Officer to conform to the Work Paper Review recommendations included
in the management letter or audit recommendations included in the audit report. Refusal
by the Contracting Party to incorporate the Work Paper Review recommendations
included in the management letter or audit recommendations included in the audit report
will be considered a breach of the Agreement terms and cause for termination under
Section 8.0 of the Agreement and disallowance of prior reimbursed costs.
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
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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)
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 rates will be as follows:
A. If the proposed rate is less than one hundred fifty percent (150%) -the accepted
rate reimbursed will be ninety percent (90%) of the proposed rate.
B. If the proposed rate is between one hundred fifty percent (150%) and two
hundred percent (200%) - the accepted rate will be eighty-five percent (85%)
of the proposed rate.
C. If the proposed rate is greater than two hundred percent (200%) - the accepted
rate will be seventy-five percent (75%) of the proposed rate.
If IOAI is unable to issue a cognizant letter per this Section 10.3, IOAI may require
Contracting Party to submit a revised independent CPA -audited ICR and audit report
within three (3) months of the effective date of the management letter. IOAI will then have
up to six (6) months to review the Contracting Party's and/or the independent CPA's
revisions.
If the Contracting Party fails to comply with the provisions of this Section 10.3, or if IOAI
is still unable to issue a cognizant approval letter after the revised independent CPA
audited ICR is submitted, overhead cost reimbursement will be limited to the accepted
ICR that was established upon initial rejection of the ICR and set forth this Section 10.3
for all rendered services. In this event, this accepted ICR will become the actual and final
ICR for reimbursement purposes under this Agreement.
Contracting Party may submit to City final invoice only when all of the following items have
occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited
ICR; (2) all work under this Agreement has been completed to the satisfaction of City;
and, (3) IOAI has issued its final ICR review letter. The Contracting Party must submit its
final invoice to City no later than sixty (60) calendar days after occurrence of the last of
these items. The accepted ICR will apply to this Agreement and all other agreements
executed between City and the Contracting Party, either as a prime or subconsultant, with
the same fiscal period ICR.
11. STATE PREVAILING WAGE RATES
11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be
awarded an Agreement containing public work elements unless registered with the
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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
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:Hdot.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 wages will be applicable to all inspection work performed at City construction
sites, at City facilities and at off-site locations that are set up by the construction contractor
or one of its subcontractors solely and specifically to serve City projects. Prevailing wage
requirements do not apply to inspection work performed at the facilities of vendors and
commercial materials suppliers that provide goods and services to the general public.
General Prevailing Wage Rate Determinations applicable to this project may also be
obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
11.2 Payroll Records. Contracting Party and each Subconsultant shall keep
accurate certified payroll records and supporting documents as mandated by Labor Code
§1776 and as defined in 8 CCR §16000 showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by the Contracting Party or Subconsultant in connection with the
public work. Each payroll record shall contain or be verified by a written declaration that
it is made under penalty of perjury, stating both of the following:
A. The information contained in the payroll record is true and correct.
B. The employer has complied with the requirements of Labor Code §1771,
§1811, and §1815 for any work performed by his or her employees on the public
works project.
The payroll records enumerated under this Section 11.2 shall be certified as correct by
the Contracting Party under penalty of perjury. The payroll records and all supporting
documents shall be made available for inspection and copying by City representative's at
all reasonable hours at the principal office of the Contracting Party. The Contracting Party
shall provide copies of certified payrolls or permit inspection of its records as follows:
A. A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or the employee's authorized
representative on request.
B. A certified copy of all payroll records enumerated in this Section 11.2 shall be
made available for inspection or furnished upon request to a 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
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the Division of Apprenticeship Standards shall not be altered or obliterated by
the Contracting Party.
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
enumerated in this Section 11.2, to the entity that requested the records within ten (10)
calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request
to the public or any public agency by City shall be marked or obliterated in such a manner
as to prevent disclosure of each individual's name, address, and social security number.
The name and address of the Contracting Party or Subconsultant performing the work
shall not be marked or obliterated.
The Contracting Party shall inform City of the location of the records enumerated under
this Section 11.2, including the street address, city and county, and shall, within five (5)
working days, provide a notice of a change of location and address.
The Contracting Party or Subconsultant shall have ten (10) calendar days in which to
comply subsequent to receipt of written notice requesting the records enumerated in this
Section 11.2. In the event the Contracting Party or Subconsultant fails to comply within
the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars
($100) for each calendar day, or portion thereof, for each worker, until strict compliance
is effectuated. Such penalties shall be withheld by City from payments then due.
Contracting Party is not subject to a penalty assessment pursuant to this section due to
the failure of a Subconsultant to comply with this section.
11.3 Responsibility. When prevailing wage rates apply, the Contracting Party is
responsible for verifying compliance with certified payroll requirements. Invoice payment
will not be made until the invoice is approved by the City Contract Officer.
11.4 Penalty. The Contracting Party and any of its Subconsultants shall comply
with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracting Party
and any Subconsultant shall forfeit to the City a penalty of not more than two hundred
dollars ($200) for each calendar day, or portion thereof, for each worker paid less than
the prevailing rates as determined by the Director of DIR for the work or craft in which the
worker is employed for any public work done under the Agreement by the Contracting
Party or by its Subconsultant in violation of the requirements of the Labor 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
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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
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 wage rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the prevailing wage rate shall
be paid to each worker by the Contracting Party or Subconsultant.
If a worker employed by a Subconsultant on a public works project is not paid the general
prevailing per diem wages by the Subconsultant, the Contracting Party is not liable for the
penalties described above unless the Contracting Party had knowledge of that failure of
the Subconsultant to pay the specified prevailing rate of wages to those workers or unless
the Contracting Party fails to comply with all of the following requirements:
A. The Agreement executed between the Contracting Party and the
Subconsultant for the performance of work on public works projects shall
include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5,
1813, and 1815.
B. The Contracting Party shall monitor the payment of the specified general
prevailing rate of per diem wages by the Subconsultant to the employees by
periodic review of the certified payroll records of the Subconsultant.
C. Upon becoming aware of the Subconsultant's failure to pay the specified
prevailing rate of wages to the Subconsultant's workers, the Contracting Party
shall diligently take corrective action to halt or rectify the failure, including but
not limited to, retaining sufficient funds due the Subconsultant for work
performed on the public works project.
D. Prior to making final payment to the Subconsultant for work performed on the
public works project, the Contracting Party shall obtain an affidavit signed under
penalty of perjury from the Subconsultant that the Subconsultant had paid the
specified general prevailing rate of per diem wages to the Subconsultant's
employees on the public works project and any amounts due pursuant to Labor
Code §1813.
Pursuant to Labor Code §1775, City shall notify the Contracting Party on a public works
project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has
failed to pay workers the general prevailing rate of per diem wages.
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
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Subconsultant sufficient to pay those employees the general prevailing rate of per diem
wages if requested by City.
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 in violation of the provisions of the Labor Code, and in particular §§1810
to 1815 thereof, inclusive, except that work performed by employees in excess of eight
(8) hours per day, and forty (40) hours during any one week, shall be permitted upon
compensation for all hours worked in excess of eight (8) hours per day and forty (40)
hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as
provided in §1815.
11.6 Employment of Apprentices. Where either the prime Agreement or the sub -
agreement exceeds thirty thousand dollars ($30,000), the Contracting Party and any
subconsultants under him or her shall comply with all applicable requirements of Labor
Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
The Contracting Party and its subconsultants are required to comply with all Labor Code
requirements regarding the employment of apprentices, including mandatory ratios of
journey level to apprentice workers. Prior to commencement of work, Contracting Party
and its subconsultants are advised to contact the DIR Division of Apprenticeship
Standards website at https://www.dir.ca.gov/das/, for additional information regarding the
employment of apprentices and for the specific journey -to- apprentice ratios for the
Agreement work. The Contracting Party is responsible for all subconsultants' compliance
with these requirements. Penalties are specified in Labor Code §1777.7.
12. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.
The Contracting Party, subrecipient (City), or subconsultant shall take necessary and
reasonable steps to ensure that DBE's have opportunities to participate in the Agreement
(49 CFR 26). To ensure equal participation of DBE's provided in 49 CFR 26.5, The City
shows a contract goal for DBE's. Contracting Party shall make work available to DBEs
and select work parts consistent with available DBE subconsultants and suppliers.
The Contracting Party shall meet the DBE goal shown elsewhere in these special
provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is Contracting Party's responsibility to verify at date of proposal opening that the DBE
firm is certified as a DBE by using the California Unified Certification Program (CUCP)
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:Hdot.ca.gov/programs/civil-rights/dbe-search.
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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.
- 60 percent counts if the materials or supplies are purchased from a DBE regular
dealer.
Only fees, commissions, and charges for assistance in the procurement and
delivery of materials or supplies count if obtained from a DBE that is neither a
manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and
regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs".
Consultants who enter into a federally -funded agreement will assist the City in a good
faith effort to achieve California's statewide overall DBE goal.
12.1 DBE Goal. The Goal for DBE participation for this Agreement is 21%.
Participation by DBE Contracting Party or subconsultants shall be in accordance with
information contained in Exhibit 10-02: Consultant Contract DBE Commitment attached
hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to
perform, the Contracting Party must make a good faith effort to replace him/her with
another DBE subconsultant, if the goal is not otherwise met.
12.2 Meeting the Goal. The Contracting Party can meet the DBE participation
goal by either documenting commitments to DBEs to meet the Agreement goal, or by
documenting adequate good faith efforts to meet the Agreement goal. An adequate good
faith effort means that the Contracting Party must show that it took all necessary and
reasonable steps to achieve a DBE goal that, by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to meet the DBE goal. If
the Contracting Party has not met the DBE goal, complete and submit Exhibit 15-H: DBE
Information — Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR
Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
12.3 Contract Assurance. Under 49 DBR 26.13(b):
The Contracting Party, subrecipient or subconsultant shall not discriminate 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:
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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated Damages; and/or
(4) Disqualifying the Contracting Party from future proposing as non -responsible.
12.4 Termination and Replacement of DBE Subconsultants. The Contracting
Party shall utilize the specific DBEs listed to perform the work and supply the materials
for which each is listed unless the Contracting Party or DBE subconsultant obtains the
City's written consent. The Contracting Party shall not terminate or replace a listed DBE
for convenience and perform the work with their own forces or obtain materials from other
sources without authorization from the City. Unless the City's consent is provided, the
Contracting party shall not be entitled to any payment for work or material unless it is
performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE
Commitment form, included in the bid.
Termination of DBE Subconsultants
After execution of the Agreement, termination of a DBE may be allowed for the following,
but not limited to, justifiable reasons with prior written authorization from the City:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. The City stipulated that a bond is a condition of executing the subcontract and
the listed DBE fails to meet the City's bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid
license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials
(failing or refusing to perform is not an allowable reason to remove a DBE if
the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or
debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract.
9. 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.
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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 or material sources and include one or more justifiable reasons listed above.
Simultaneously send a copy of this written notice to the City. The written notice to
the DBE must request they provide any response within five (5) business days to
both the Contracting Party and the City by either acknowledging their agreement
or documenting their reasoning as to why the use of other forces or sources of
materials should not occur.
2. If the DBE does not respond within five (5) business days, Contracting Party may
move forward with the request as if the DBE had agreed to Contracting Party's
written notice.
3. Submit Contracting Party's DBE termination request by written letter to the City
and include:
• One or more above listed justifiable reasons along with supporting
documentation.
• Contracting Party's written notice to the DBE regarding the request, including
proof of transmission and tracking documentation of Consultant's written
notice.
• The DBE's response to Contracting Party's written notice, if received. If a
written response was not provided, provide a statement to that effect.
The City shall respond in writing to Contracting Party's DBE Termination request within
five (5) business days.
Replacement of DBE Subconsultant
After receiving the City's written authorization of DBE termination request, Contracting
Party must obtain the City's written agreement for DBE replacement. Contracting Party
must find or demonstrate GFEs to find qualified DBE replacement firms to perform the
work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to 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.
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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
perform on the Contract
• Revised Exhibit 10-02: Consultant Contract DBE Commitment
2. If Contracting Party has not identified a DBE replacement firm, submits
documentation of Contracting Party's GFE's to use DBE replacement firms within
seven (7) days of City's authorization to terminate the DBE. Contracting Party may
request the City's approval to extend this submittal period to a total of 14 days.
Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work
identified and or other work Contracting Party had intended to self -perform, to
the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified
• Correspondence with interested DBEs that may have included contract details
and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached
• If a DBE's quote was rejected, provide reasoning for the rejection, such as why
the DBE was unqualified for the work, or why the price quote was unreasonable
or excessive
• Copies of each DBE's and non -DBE's price quotes for work identified, as the
City may contact the firms to verify solicitation efforts and determine if the DBE
quotes are substantially higher
• Additional documentation that supports Contracting Party's GFE
The City shall respond in writing to Contracting Party's DBE replacement request within
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
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2. Provide this notification before starting the affected work
3. Maintain records including:
- Name and business address of each 1St tier subconsultant
- Name and business address of each DBE subconsultant, DBE vendor, and
DBE trucking company, regardless of tier
- Date of payment and total amount paid to each business (see Exhibit 9-F
Monthly Disadvantaged Business Enterprise Payment)
If the Contracting Party is a DBE Consultant, they shall include the date of work performed
by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify the Contracting
Party in writing of the decertification date. If a business becomes a certified DBE before
completing its work, the business must notify the Contracting Party in writing of the
certification date. The Contracting Party shall submit the notifications to the City. On work
completion, the Contracting Party shall complete a Disadvantaged Business Enterprises
(DBE) Certification Status Change, Exhibit 17-0, form and submit the form to the City
within 30 days of contract acceptance.
Upon work completion, the Contracting Party shall complete Exhibit 17-F Final Report —
Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and
submit it to the City within 90 days of contract acceptance. The City will withhold $10,000
until the form is submitted. The City will release the withhold upon submission of the
completed form.
In the City's reports of DBE participation to Caltrans, the City must display both
commitments and attainments.
12.6 Commercially Useful Function. DBE's must perform a commercially useful
function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed
on the DBE Commitment form. The DBE value of work will only count toward the DBE
commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible
for execution of the work of the Agreement and is carrying out its responsibilities by
actually performing, managing, and supervising the work involved. To perform a CUF, the
DBE must also be responsible, with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material
and installing (where applicable), and paying for the material itself.
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.
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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 Party shall submit to the City the initial evaluation and validation of DBE
performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise
Commercially Useful Function Evaluation. Include the following information with the
submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
Contracting Party must monitor all DBE's performance of CUF by conducting quarterly
evaluations and validations throughout their duration of work on the Agreement using the
LAPM 9-J: DBE Commercially Useful Function Evaluation. Contracting Party must submit
to the City these quarterly evaluations and validations by the 5'" of the month for the
previous three months of work.
Contracting Party must notify the City immediately if they believe the DBE may not be
performing a CUF.
The City will verify DBEs performance of CUF by reviewing the initial and quarterly
submissions of LAPM 94 DBE Commercially Useful Function Evaluation, submitted
supporting information, field observations, and through any additional City evaluations.
The City must evaluate DBEs and their CUF performance throughout the duration of a
Contract. The City will provide written notice to the Contracting Party and the DBE at least
two (2) business days prior to any evaluation. The Contracting Party and the DBE must
participate in the evaluation. Upon completing the evaluation, the City must share the
evaluation results with the Contracting Party and the DBE. An evaluation could include
items that must be remedied upon receipt. If the City determines the DBE is not
performing a CUF, the Contracting Party must suspend performance of the noncompliant
work.
Contracting Party and DBEs must submit additional CUF related records and documents
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
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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 performance of the noncompliant portion of the work. City may deny payment
for the noncompliant portion of the work. City will ask Contracting Party to submit a
corrective action plan (CAP) to the City within five (5) days of the noncompliant CUF
determination. The CAP must identify how the Contracting Party will correct the
noncompliance findings for the remaining portion of the DBE's work. City has five (5) days
to review the CAP in conjunction with the Contracting Party's review. The Contracting
Party must implement the CAP within five (5) days of the City's approval. The City will
then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a commercially
useful function on the Contract, Contracting Party may have good cause to request
termination of the DBE.
12.7 A DBE does not perform a CUF if its role is limited to that of an extra
participant in a transaction, Agreement, or project through which funds are passed in
order to obtain the appearance of DBE participation. In determining whether a DBE is
such an extra participant, examine similar transactions, particularly those in which DBEs
do not participate.
12.8 If a DBE does not perform or exercise responsibility for at least thirty percent
(30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts
a greater portion of the work of the Agreement than would be expected on the basis of
normal industry practice for the type of work involved, it will be presumed that it is not
performing a CUF.
12.9 Records. The Contracting Party shall maintain records of materials
purchased or supplied from all subcontracts entered into with certified DBEs. The records
shall show the name and business address of each DBE or vendor and the total dollar
amount actually paid each DBE or vendor, regardless of tier. The records shall show the
date of payment and the total dollar figure paid to all firms. DBE Contracting Party's shall
also show the date of work performed by their own forces along with the corresponding
dollar value of the work.
12.10 Decertification of DBE. If a DBE subconsultant is decertified 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.
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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 projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.
Instead, by the 15th of the month following the month of any payment(s), the Contracting
Party must now submit Exhibit 9-P to the City. If the Contracting Party does not make any
payments to subconsultants, supplier(s), and/or manufacturers Contracting Party must
report "no payments were made to subs this month" and write this visibly and legibly on
Exhibit 9-P.
12.12 Subcontracting. Any subcontract entered into as a result of this agreement
shall contain all of the provisions of this section.
13. MISCELLANEOUS PROVISIONS.
13.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
MARK THOMAS
Paul Mittica, PE
4200 Concours Street, Suite 330
Ontario, CA 91764
13.2 Contracting Party's Reports or Meetings. The Contracting Party shall
submit progress reports at least once a month. The report should be sufficiently detailed
for the City' Contract Officer to determine, if the Contracting Party is performing to
expectations, or is on schedule; to provide communication of interim findings, and to
sufficiently address any difficulties or special problems encountered, so remedies can be
developed.
13.3 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
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.
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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 been made to the Contracting Party that are determined by subsequent
audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment
by the Contracting Party to City. When Contracting Party or Subconsultant is a Non -Profit
Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards shall apply.
13.6 Subcontracting. Nothing contained in this Agreement or otherwise, shall
create any contractual relation between the City and any Subconsultants, and no sub
agreement shall relieve the Contracting Party of its responsibilities and obligations
hereunder. The Contracting Party agrees to be as fully responsible to the City for the acts
and omissions of its Subconsultants and of persons either directly or indirectly employed
by any of them as it is for the acts and omissions of persons directly employed by the
Contracting Party. The Contracting Party's obligation to pay its Subconsultants is an
independent obligation from the City's obligation to make payments to the Contracting
Party. The Contracting Party shall perform the work contemplated with resources
available within its own organization and no portion of the work shall be subcontracted
without written authorization by the City Contract Officer, except that which is expressly
identified in the Schedule of Compensation. Any sub -agreement entered into as a result
of this Agreement, shall contain all the provisions stipulated in this entire Agreement to
be applicable to Subconsultants unless otherwise noted. Contracting Party shall pay its
Subconsultants within Fifteen (15) calendar days from receipt of each payment made to
the Contracting Party by the City. Any substitution of Subconsultants must be approved
in writing by the City Contract Officer in advance of assigning work to a substitute
Subconsultant.
13.7 Prompt Progress Payment. The Contracting Party or subconsultant shall
pay to any subconsultant, no later than fifteen (15) days after receipt of each progress
payment, unless otherwise agreed to in writing, the respective amounts allowed the
Contracting Party on account of the work performed by the subconsultants, to the extent
of each subconsultant's interest therein. In the event that there is a good faith dispute
over all or any portion of the amount due on a progress payment from the Contracting
Party or subconsultant to a subconsultant, the Contracting Party or subconsultant may
withhold no more than 150 percent of the disputed amount. Any violation of this
requirement shall constitute a cause for disciplinary action and shall subject 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.
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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 Party or subconsultant to the penalties, sanctions, and other remedies
specified in Section 3321 of the California Civil Code. This requirement shall not be
construed to limit or impair any contractual, administrative, orjudicial remedies, otherwise
available to the Contracting Party or subconsultant in the event of a dispute involving late
payment or nonpayment by the Contracting Party, deficient subconsultant performance
and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE
subconsultants.
13.9 Equipment Purchase. Prior authorization in writing by City Contract Officer
shall be required before Contracting Party enters into any unbudgeted purchase order, or
subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or
services. Contracting Party shall provide an evaluation of the necessity or desirability of
incurring such costs. For purchase of any item, service, or consulting work not covered
in Schedule of Compensation and exceeding five thousand dollars ($5,000), with prior
authorization by City Contract Officer, three competitive quotations must be submitted
with the request, or the absence of proposal must be adequately justified. Any equipment
purchased with funds provided under the terms of this Agreement is subject to the
following:
Contracting Party shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment
needs replacement and is sold or traded in, City shall receive a proper refund or credit at
the conclusion of the Agreement, or if the Agreement is terminated as provided for in
Section 8.0, Contracting Party may either keep the equipment and credit City in an
amount equal to its fair market value, or sell such equipment at the best price obtainable
at a public or private sale, in accordance with established City procedures; and credit City
in an amount equal to the sales price. If Contracting Party elects to keep the equipment,
fair market value shall be determined at Contracting Party's expense, on the basis of a
competent independent appraisal of such equipment. Appraisals shall be obtained from
an appraiser mutually agreeable to by City and Contracting Party, if it is determined to
sell the equipment, the terms and conditions of such sale must be approved in advance
by City.
Regulation 2 CFR Part 200 requires a credit to State or Federal funds when 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
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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 Expending City, State, or Federal Funds for Lobbying. The
Contracting Party certifies, to the best of his or her knowledge and belief, that no State,
Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the
Contracting Party, to any person for influencing or attempting to influence an officer or
employee of any local, State, or Federal agency, a Member of the State Legislature or
United States Congress, an officer or employee of the Legislature or Congress, or any
employee of a Member of the Legislature or Congress in connection with the awarding or
making of this Agreement, or with the extension, continuation, renewal, amendment, or
modification of this Agreement. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with this Agreement, the
Contracting Party shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions. This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such
failure. The Contracting Party also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower tier sub -agreements,
which exceed one hundred thousand dollars ($100,000), and that all such subrecipients
shall certify and disclose accordingly.
13.12 Debarment and Suspension Certification. The Contracting Party's
signature affixed herein shall constitute a certification under penalty of perjury under the
laws of the State of California, that the Contracting Party or any person associated
therewith in the capacity of owner, partner, director, officer or manager is not currently
under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined
ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment
rendered against it by a court of competent jurisdiction in any matter involving fraud or
official misconduct within the past three (3) years. Any exceptions to this certification
must be disclosed to City. Exceptions will not necessarily result in denial of
recommendation for award but will be considered in determining 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
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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, State Legislature, or City governing board that may affect the provisions,
terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient
funds are not appropriated, this Agreement may be amended to reflect any reduction in
funds. City has the option to terminate the Agreement pursuant to Section 8.0 or by
mutual agreement to amend the Agreement to reflect any reduction of funds.
13.14 Contingent Fee. Contracting Party warrants, by execution of this
Agreement that no person or selling agency has been employed, or retained, to solicit or
secure this Agreement upon an agreement or understanding, for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by Contracting Party for the
purpose of securing business. For breach or violation of this warranty, City has the right
to annul this Agreement without liability; pay only for the value of the work actually
performed, or in its discretion to deduct from the Agreement price or consideration, or
otherwise recover the full amount of such commission, percentage, brokerage, or
contingent fee.
13.15 Inspection of Work. Contracting Party and any subconsultant shall permit
City, the State, and the FHWA if federal participating funds are used in this Agreement;
to review and inspect the project activities and files at all reasonable times during the
performance period of this Agreement.
13.16 Safety. Contracting Party shall comply with OSHA regulations applicable
to Contracting Party regarding necessary safety equipment or procedures. Contracting
Party shall comply with safety instructions issued by City Safety Officer and other City
representatives. Contracting Party personnel shall wear hard hats and safety vests at all
times while working on the construction project site. Pursuant to the authority contained
in Vehicle Code §591, City has determined that such areas are within the limits of the
project and are open to public traffic. Contracting Party shall comply with all of the
requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Contracting
Party shall take all reasonably necessary precautions for safe operation of its vehicles
and the protection of the traveling public from injury and damage from such vehicles.
Contracting Party must have a Division of Occupational Safety and Health (CAL -OSHA)
permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any
practices, work, method, operation, or process related to the construction 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
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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 that are being paid for Contracting Party's personnel services under this
Agreement. Services of Contracting Party's personnel in connection with City's
construction contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
resolve the construction claims.
13.18 National Labor Relations Board Certification. In accordance with Public
Contract Code §10296, Contracting Party hereby states under penalty of perjury that no
more than one final unappealable finding of contempt of court by a federal court has been
issued against Contracting Party, within the immediately preceding two-year period,
because of Contracting Party's failure to comply with an order of a federal court that
orders Contracting Party to comply with an order of the National Labor Relations Board.
13.19 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
13.20 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
13.21 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void. Contracting Party shall only commence work
covered by an amendment after the amendment is executed and notification to proceed
has been provided by City Contract Officer.
13.22 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
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
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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 acknowledgment of the parties.
13.24 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
13.25 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
OWN
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON VC.WLEN, City Manager
QAtrof La Quinta, California
Dated: 'h 51d-0 -'
ATTEST:
MONIKA RADEVA, (
La Quinta, California
lerk
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CONTRACTING PARTY:
SIGNED IN COUNTERPART
By:
Name: Zach Siviglia
Title: President/CEO
SIGNED IN COUNTERPART
By:
Name: Matt Brogan
Title: Vice President/Secretary
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
SIGNED IN COUNTERPART
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
SIGNED IN COUNTERPART
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CONTRACTING PARTY:
By:
Name: Zach Siviglia
Title: President/CEO
By:
Name: Matt Brogan
Title: Vice President/Secretary
ADDENDUM TO AGREEMENT
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. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement„ Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for 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,
Addendum
Page 1 of 3 Last revised summer 2017
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
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 California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Section 2.0 of the Agreement. In accordance with said Sections, City shall pay
Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum
apportionment of the labor and materials incorporated into the Services under this
Agreement during the month covered by said invoice. The remaining five percent (5%)
thereof shall be retained as performance security to be paid to Contracting Party within
sixty (60) days after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed payments under
this Agreement, if required by City. In the event there are any claims specifically excluded
by Contracting Party from the operation of the release, City may retain proceeds (per
Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in
dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations
under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class I I I 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.
Addendum
Page 2of3
(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 conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
Addendum
Page 3 of 3
[See Attached]
Exhibit A
Exhibit A
Page 1of1
EXHIBIT A SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT/ ADMINISTRATION (PHASE I /
PHASE II & III)
TASK 1.1. PROJECT MANAGEMENT/ ADMINISTRATION (PHASE 1)
Task 1.1.1. Project Management (Phase 1)
Coordination and Communications: Establish and implement a project document/correspondence management and
distribution system to assure that information flows between all parties of the Project as intended.
1. Communicate regularly with the City and project development team by telephone, email, written correspondence,
and face-to-face meetings on a monthly basis throughout the term of the contract.
2. Maintain a project contact list with names and contact information for all project development team members.
3. Prepare, maintain, and update an Action Item Log for review during monthly Project Development Team (PDT)
meetings.
4. Prepare a project chronology listing all key decisions made over the life of the project and update for review during
monthly PDT meetings.
5. Prepare a Submittal/Deliverable log and update for review during PDT meetings.
Scheduling: Prepare a detailed project baseline schedule using a work breakdown structure (WBS) consistent with this
Scope of Work. Update and distribute one week in advance of each PDT Meeting. The schedule will include the following
information:
1. Task dependencies as predecessors and successors
2. Anticipated task durations with beginning and end dates
3. Critical path with milestones and percent completes for each task
Budgeting: Monitor the budget for design services using a work breakdown structure consistent with this Scope of Work on
a monthly basis.
Project Administration:
1. Set up project accounting system consistent with the City's invoicing and tracking requirements.
2. Prepare subconsultant agreements.
3. Monitor subconsultant progress and review/approve invoices.
4. Prepare monthly progress reports and invoices in accordance with City guidelines. Monthly reports providing actual
physical progress will be provided with every invoice.
DELIVERABLES
Monthly Progress Reports and Invoice Packages
Task 1.1.2. Project Team Meetings (Phase 1)
Organize, schedule, and chair meetings and conference calls as necessary to provide progress updates, coordinate
between technical disciplines, and facilitate overall project communication. The engineering design and environmental team
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 1
leaders shall attend the PDT meetings as appropriate. Prepare meeting agendas and minutes within one week of the
meeting for all meetings.
1. Kickoff Meeting (assume 1)
2. Virtual PDT Meetings (assume 8)
3. Virtual Meetings with Caltrans, as needed (assume 4)
4. Public Information Meetings for NEPA and CEQA compliance (assume 1)
DELIVERABLES
Meeting notices, agendas, special exhibits, and minutes including all items listed in Task 1.1.1.
Task 1.1.3. City Council Presentations (Phase 1) - OPTIONAL
Mark Thomas will develop project presentation materials for up to one (1) presentation to be given at City Council
meetings. Mark Thomas, project manager and project director, will attend the presentation. Project presentation
materials will include a PowerPoint presentation and exhibits compiled from existing project information.
DELIVERABLES
City Council Presentation (assume 1)
Task 1.1.4. Quality Control and Quality Assurance (QC/QA) (Phase 1)
Establish and implement a quality control process and plan to verify that all deliverables are complete and accurate, the
plan shall include but not limited to, ensuring that design calculations are independently checked and that documents
are checked, corrected, and backchecked for accuracy and completeness. Subconsultant report submittals will be
reviewed to confirm that appropriate background information, study methodology, interpretation of data, and format
and content are completed in accordance with current standards. The QC/QA Plan will be submitted for City review and
approval.
DELIVERABLES
QC/QA Plan
TASK 1.2. PROJECT MANAGEMENT/ ADMINISTRATION (PHASE II & III)
Task 1.2.1. Project Management (Phase II & III)
See Scope for Task 1.1.1.
DELIVERABLES
Monthly Progress Reports and Invoice Packages
Task 1.2.2. Project Team Meetings (Phase II & III)
See Scope for Task 1.1.2.
1. Kickoff Meeting (assume 1)
2. PDT Meetings: Monthly Meeting (assume 12)
3. Meetings with Caltrans, as needed (assume 4)
DELIVERABLES
Meeting notices, agendas, special exhibits, and minutes
Task 1.2.3 City Council Presentations (Phase II & III) — OPTIONAL
See Scope for Task 1.1.3.
DELIVERABLES
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 2
Commission and/or City Council Presentations (assume 2)
TASK 2. SURVEY (PHASE 1)
TASK 2.1. ENCROACHMENT PERMITS AND PERMIT(S) TO ENTER
Mark Thomas will coordinate with the City and CVWD to obtain all required encroachment permits and permit(s) needed for
Phase I field activities. As directed by City, Mark Thomas shall prepare and submit all permit applications. All permit filing
fees are to be paid by City. This task excludes encroachments required for the project potholing (noted in separate task),
construction, and final permit rights with CVWD and/or environmental regulatory agency permits.
TASK 2.2. SURVEY RESEARCH
Mark Thomas will perform research and request records including recorded and filed maps and deeds.; required to identify,
locate, and layout general locations of rights-of-way, easements and property lines impacting the project. A field
investigation will be performed to assess existing site conditions.
TASK 2.3. SITE RECONNAISSANCE
Mark Thomas will conduct a site reconnaissance with the City and Caltrans as required by the Caltrans Local Assistance
Procedures Manual Chapter 7, including review of the affected streets, existing improvements, and surrounding areas.
TASK 2.4. RECORD DRAWING REVIEW
Obtain and review existing record drawings to become familiar with on-site infrastructure and structures.
TASK 2.5. SURVEYING
Set control and perform a topographic survey along the alignment of the new improvements. Contract with
subconsultant to provide aerial topo mapping of project area plus 50 -foot buffer at a scale of T' = 40' with 1'contour
interval. Provide digital color orthophotos of the project. Include in the topographic survey:
Provide topographic survey using City provided datum (CCS83 Zone 6 (2017.5 epoch)) from street right-of-way to right-
of-way limits and to curb returns at intersecting streets along alignment and elevations at the grading conform limits at
proposed right of way needs areas. A mobile LiDAR scanner is assumed to be utilized to collect design -level topography
for the project extents.
Provide one (1) -foot contours based on City of La Quinta vertical datum (NGVD 29).
Provide spot elevations at critical locations along the alignment to verify vertical control, provide inverts of wet utilities as
accessible from the surface (such as sewer and storm manholes and storm drain inlets), and determine curb & gutter
elevations necessary to design pavement and drainage improvements.
Survey inverts of surface accessible storm drain utilities crossing (culverts) crossing the project area.
Show surface features and visible indications of existing utilities based on NAD 83 horizontal control to include curbs and
gutters, sidewalks, existing structures, and other elements relevant to prepare a comprehensive topographic map suitable
for roadway design and construction.
Provide the survey control and benchmark information to be used for construction
Perform a site topographic survey to the extent necessary for design and construction.
1 day of traffic control to measure inverts
TASK 2.6. MONUMENTS & RIGHT OF WAY
Provide assessor level GIS data including owner names and Assessor Parcel Number (APN) for properties adjacent to the
project route and georeferenced this data to project control. This effort will be based only upon publicly available
information from County. Tie monuments in the area of CVWD crossing and Golf Course to resolve right-of-way and
boundary lines impacted by the potential acquisition. It is possible during this task that information will be uncovered
requiring the filing of a Record of Survey (ROS) under Business and Professionals Code. If this information is discovered,
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 3
Mark Thomas will discuss with the client to reach agreement on separate scope and fee before moving forward with
additional work. Up to two (2) preliminary title reports will be provided by Mark Thomas.
TASK 2.7. LOCATE POTHOLE REFERENCE MARKS
Mobilize for one day to survey surface elevation and location of reference marks created by potholing effort. It is assumed
no traffic control will be necessary (reference marks set out of traffic area) and that all reference sheets will be provided
before mobilization.
DELIVERABLES
Encroachment Permit(s)
Permit to Enter Letters / Tracking Matrix
Aerial topography and imaging
Supplemental design survey and utility dips
Existing centerline and right of way boundaries along construction impact areas, as needed
Basis -of -bearing and benchmark information
Survey Base mapping including LandNET / pre -construction right of way boundary mapping
Two (2) Preliminary Title Reports
TASK 3 UTILITY COORDINATION (PHASE I / PHASE II)
TASK 3.1. UTILITY COORDINATION (PHASE 1)
Task 3.1.1. Utility 'A' Letters - Mapping Requests (Phase 1)
Mark Thomas shall perform a utility search along Avenue 50 for available as -built plans for the project area. Mark Thomas
shall research records for both public andfranchise utilities and shall plot the location of all existing facilities.
Mark Thomas shall include preparation of a database of utility records indicating the type of utility, owner, drawing
number, and other vital information. The identified utility companies shall be sent a letter on City's letterhead
requesting information regarding existing and proposed utilities.
Task 3.1.2. Existing Utility Mapping (Phase 1)
Using the information obtained, Mark Thomas shall prepare a utility base map which shall be the basis of the Utility
Information Sheet. Mark Thomas shall prepare a Utility Information Sheet. The names of all utilities and points of contact
shall be developed. A description of the location and existing facilities for the project shall be prepared.
Task 3.1.3. Utility Prior Rights Identification (Phase 1)
Mark Thomas shall coordinate with utility staff and review record research/title report to understand superior rights to
preliminarily determine liability. Mark Thomas will assist the City with liability claims and potential
reimbursement/agreement planning for the project.
DELIVERABLES
Utility 'X I-etters
Utility Mapping
Utility Prior Rights Identification
TASK 3.2. UTILITY COORDINATION (PHASE 11)
Task 3.2.1. Utility Potholing (8) (Phase 11)
If necessary, Mark Thomas will coordinate with City and other agencies to arrange for potholing to confirm existing
underground facilities. It is assumed that no more than eight (8) pothole locations shall be needed. Mark Thomas will
prepare potholing exhibits to adequately locate underground utilities, shall enter a contract with a licensed contractor for
the potholing of utilities, and shall verify appropriate permits are obtained from all appropriate jurisdictions prior to the
start of work.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 4
Mark Thomas shall evaluate the potholing data and shall include the information on the utility plans in table format, with
numbered or letter references to the location of the potholes.
Task 3.2.2. Utility Coordination/Conflict Mapping (Phase II)
Mark Thomas shall designate dedicated staff who shall be responsible for all coordination work related to utilities for the
Project, including but not limited to relocations of existing trunk and mainline facilities, installation of new trunk and
mainline facilities, relocation of existing electric and water services, and installation of new electric and water services. Mark
Thomas will provide services here within this task to assist and provide backup to the City to gain approval of the right of
way certification and E-76 from Caltrans Local assistance; including the utility tracking matrix, record of information, utility
relocation design(s)/estimate(s), final claim letter(s), construction schedule, pertinent correspondence letters and final
agreements (if needed). Utility agreements are provided within a separate scope per Task 9.2.
Mark Thomas shall coordinate with utility owners' staff with respect to all utility related matters. Mark Thomas shall provide
copies of all correspondence with utility companies and other utility related information to the City. Correspondence, as
described herein, shall be prepared by Mark Thomas for City signature, as appropriate, and as directed by the City.
Mark Thomas shall identify utility companies affected by the project and delineate utilities within the project's sphere of
influence on the plans. Mark Thomas shall prepare preliminary plans, which shall include all existing utilities (above ground
and below ground) identified by location, size, type, and owner, as appropriate. Mark Thomas shall check horizontal and
vertical clearances for utilities and coordinate design with the various utility companies to address conflicts. The plans will
be the basis for determining and communicating conflicts with utility owners.
Mark Thomas shall send preliminary design plans through City staff to utility companies within the project limits with
requests for review and comments on the plans relevant to their respective facilities, and with requests for other project
specific information.
Mark Thomas shall monitor responses to utility notices received and make recommendations for mitigating conflicts. Mark
Thomas shall provide written responses to utility companies with regard to stated concerns and conduct design
coordination meetings with utility companies as needed. Unresolved issues shall be brought to the attention of the City as
early as practical. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows:
Mark Thomas, through City staff, shall request and obtain a written acknowledgement of any conflicts from the
respective utility owners.
Mark Thomas will make reasonable efforts to accommodate utility company requests for minor design changes to
accommodate their facilities. Mark Thomas understands that the utility companies are generally operating within the City
right-of-way but may have prior rights to that of the City in some cases.
Mark Thomas shall coordinate the inclusion of special provisions in the City's bid documents for adjustments and
relocations of utility facilities as alternate bid items, if requested by the owning utility.
DELIVERABLES
Utility Potholing, up to eight (8) potholes
Utility '13' Letters
Utility Conflict Mapping
Utility Coordination Matrix
Utility Record of Information package
Utility relocation design and estimate (provided by Utility Owner unless explicitly specified in this scope)
Utility Claim Letter (provided by utility owner) and Response (provided by Mark Thomas)
Utility relocation construction schedule (provided by Utility Owner unless explicitly specified in this scope)
TASK 4. GEOTECHNICAL ANALYSIS (PHASE 1)
TASK 4.1. PRELIMINARY FOUNDATION REPORT
EMI will prepare a Preliminary Foundation Report (PFR) for the bridges to provide preliminary geotechnical information to
assist structural designers in the Type Selection process including responding to Caltrans comments on the PFR. This PFR
will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans
Guidelines. In addition, EMI will obtain a representative surficial soil specimen for scour study. Specimen will be collected
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 5
using a shovel at a depth of about 1 to 2 feet below the channel bottom. Sieve analysis will be performed and results will be
emailed to Mark Thomas.
DELIVERABLES
Preliminary Foundation Report
TASK 5. HYDRAULIC ANALYSIS (PHASE 1)
The Mark Thomas team shall assist the City with coordinating the responsibility of the channel analysis with CVWD.
TASK 5.1. REGIONAL FLOW RATE ANALYSIS - OPTIONAL
Due to the complexity of the upstream drainage system, and the relatively recent modification by CVWD on design storm
standards, the 100 -Year flow rate for the La Qunita Evacuation Channel is unknown. CVWD has stated that the flow rate is
believed to be between 2,000 cfs and 4,000 cfs. To determine the design flow rate more accurately, Webb Associates will
perform the following tasks to establish the 100 -Year flow rate of the existing La Quinta Evacuation Channel:
Watershed Delineation — WEBB will delineate the watershed tributary to the channel upstream of the proposed Avenue 50
Bridge using HUC-12 Watershed Shapefiles and FEMA LIDAR Topography for the Coachella Valley.
HEC -HMS Hydrological Analysis — WEBB will further divide the tributary watershed into smaller subareas and prepare a
HEC -HMS model using CVWD Methodology. The synthetic unit hydrographs generated by the HEC -HMS Model will be
input into the 2-D HEC -RAS Model.
Regional Storm Drain System Research — part of the complexity of the drainage system tributary to the proposed Avenue
50 Bridge is the existing network of underground storm drains and channels. WEBB will obtain all available As -Built plans for
the drainage system to input into the hydraulic model, including drainage plans and studies from the private developments.
2-D HEC -RAS Model Routing — WEBB will prepare a 2-D HEC -RAS Model to route the inflow hydrographs through the
existing drainage system to downstream of Avenue 50. This model will establish the flow rate that will be used for the
hydraulic analysis of the proposed bridge.
Sensitivity Analysis — performing a sensitivity analysis is an important step in the development of models. To perform this
analysis WEBB will vary the various model parameters to determine how sensitive model results are to each particular
parameter. Where model results are highly sensitive on a parameter additional justification and/or refinement will be
provided as to why a particular parameter was selected.
Technical Memorandum — WEBB will prepare a Technical Memorandum that documents the development and results of
the hydrological and hydraulic models prepared as part of this Task.
This work will be done in direct coordination with CVWD and assumed to be accomplished with two (2) meetings, one (1)
submittal with two (2) plan review cycles.
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Webb Associates will analyze and prepare the following to determine the hydraulic calculations and analysis required for
the bridge type selection requirements and accompany the draft/final CVWD permit application with plans for approval:
Preliminary Bridge Hydraulic Analysis — WEBB will prepare a one-dimensional hydraulic analysis of existing conditions
and up to three preliminary bridge alternatives using HEC -RAS and the design flow rate established in previous task.
Preliminary Scour Analysis — WEBB will prepare preliminary scour calculations for existing and proposed bridge
alternatives using CVWD's methodology. Scour depths are established using a combination of General Scour using the
Blench Regime and Local Scour.
Prepare Preliminary Bridge Design Hydraulic/Scour Report — WEBB will prepare a Preliminary Bridge Design
Hydraulic/Scour Report to document the results of the hydraulic analysis performed as part of this task.
Coordination with CVWD — WEBB will coordinate with CVWD Staff to obtain approval of the model(s) and report.
The overall footprint and mitigation for access control and required channel improvements will be discussed and
determined with CVWD's staff as part of this task.
This work will be done in direct coordination with CVWD and assumed to be accomplished with one (1) meeting, one
(1) submittal with two (2) plan review cycles.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 6
TASK 5.3. PRELIMINARY ROADWAY DRAINAGE REPORT / LOCAL DRAINAGE ANALYSIS
(AVENUE 50 AND WASHINGTON STREET)
Webb Associates will prepare the Hydrology and Hydraulic Report for the City of La Quinta. The reports will include both
offsite and onsite hydrologic calculations to recommend any drainage improvements needed as a result of the proposed
roadway/bridge. Calculations and concise recommendations will conform to the Riverside County Hydrology and
Sedimentation Manual, and City's Storm Drain Design Manual, if applicable. The onsite hydraulic computations will be
based on City and County standards.
Webb Associates will analyze and prepare the following to determine the local drainage calculations required for the
drainage requirements and accompany the draft CVWD permit application with plans for approval:
Review Prior Studies — WEBB will obtain and review studies that have previously been prepared to analyze the
drainage of the Avenue 50 and Washington Street intersection and other drainage in the area.
Supplemental Hydrology — WEBB will prepare additional hydrology calculations as needed for the proposed project
including conceptual plan exhibits.
Cost Estimate — WEBB will prepare a preliminary cost estimate for the proposed drainage improvement in the Avenue
50 intersection.
Technical Memorandum — WEBB will prepare a Technical Memorandum to document the Roadway Drainage and
Local Drainage Analysis.
DELIVERABLES
Regional Flow Rate Technical Memorandum / Calculations
Preliminary Bridge Design Hydraulic / Scour Report / Calculations
Preliminary Drainage Report / Calculations / Conceptual Plan Exhibit
TASK 6. ENVIRONMENTAL APPROVAL (PHASE 1)
TASK 6.1. PROJECT INITIATION & PRELIMINARY ENVIRONMENTAL STUDY
GPA will review existing documentation, coordinate with the engineering team, and conduct all necessary research to
prepare a detailed project description, including project components, purpose and need, environmental study limits (ESL),
and timing of construction. The project description will be appropriate for use in all technical studies and environmental
documentation and will include maps of the regional area and project area. The FTIP would be revised prior to completion
of the Preliminary Environmental Study (PES).
GPA will prepare the Draft PES Form. The PES Form will be completed pursuant to Caltrans' SER and LAPM; it will include a
reasoned explanation for all checklist answers, and all attachments necessary to support conclusions in the PES. GPA will
submit the Draft PES to the City for review and approval. GPA will finalize the revisions, submit the PES to Caltrans, and
coordinate as needed for review and approval of the document.
DELIVERABLES
Preliminary Environmental Study (PES)
TASK 6.2. TECHNICAL STUDIES
The following technical studies will be required to support the CEQA/NEPA analysis; the technical studies will be prepared by
GPA unless otherwise indicated below. If Caltrans determines that the higher levels of technical study for air quality and
noise would be required, optional tasks have been included in the SOW to cover that additional effort.
Task 6.2.1. Air Quality & Greenhouse Gas Technical Memorandum
As a subconsultant to GPA, AMBIENT Air Quality & Noise Consulting (AMBIENT) will prepare a technical Air Quality &
Greenhouse Gas (GHG) Technical Memorandum to evaluate short-term construction -related air quality and GHG impacts
associated with the proposed project. The technical memorandum will include a summary description of the existing
environment, based on existing environmental documentation. Short-term emissions of criteria air pollutants and GHGs will
be quantified and summarized in the report. Construction emissions will be quantified based, in part, on project -specific
construction information to be provided. The significance of air quality and GHG impacts will be assessed in comparison to
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 7
applicable standards and recommended thresholds. Mitigation measures will be identified for significant and potentially
significant impacts. This air quality scope assumes that the proposed project would not result in the construction of
additional capacity nor qualify as being inconsistent with the SCAG's Regional Transportation Plan/Sustainable Communities
Strategy (RTP/SCS), it is anticipated that an assessment of long-term air quality impacts would not be required. The FTIP
listing may need to be revised based on the findings.
Deliverables: One electronic copy of the Draft and Final Air Quality & GHG Technical Memorandum
Task 6.2.2. Biological Resources: Natural Environment Study
GPA will conduct background research in relevant databases to identify the potential for federally and state listed species or
other special -status species to be within the project area. A Biological Study Area (BSA) will be developed that covers direct
and indirect impact areas for the project. GPA will survey the BSA for plant and wildlife species, their signs, and/or potential
habitat. GPA will inventory botanical and wildlife resources observed in the BSA and will identify and record existing
vegetation communities in this area.
GPA will summarize the results of the research and surveys in a Natural Environment Study (NES) report. The NES will
include a discussion of the existing biological resources in the BSA, potential project impacts on these resources, and
proposed measures to avoid, minimize, and or mitigate these impacts. The NES will provide conclusions regarding project
impacts on federally and/or state threatened or endangered species and will outline any future protected species
consultations that may be required with resource agencies to obtain project approvals. GPA will submit the draft NES to the
City for review and approval prior to submittal to Caltrans.
Deliverables: One electronic copy of the Draft and Final NES
Task 6.2.3. Biological Resources: Aquatic Resources Delineation
GPA will delineate jurisdictional wetlands and waters of the United States (U.S.), as defined by the U.S. Army Corps of
Engineers (USACE), State Water Resources Control Board, and California Department of Fish and Wildlife (CDFW). To
identify the boundaries of the waters of the U.S., the ordinary high-water mark (OHWM) will be identified by GPA for the
Evacuation Channel within the BSA. The presence or absence of wetlands in the BSA will be verified through an analysis of
hydrologic conditions, hydrophytic vegetation, and hydric soils.
GPA will summarize existing site conditions on waters of the U.S. and waters of the state in an Aquatic Resources Delineation
(ARD) report. The report will summarize the location of wetlands and other waters underjurisdiction of the USACE, Regional
Water Quality Control Board (RWQCB), and CDFW within and immediately adjacent to the project area. GPA will submit the
draft report and will coordinate with the City as needed for review and approval prior to submittal to Caltrans.
Deliverables: One electronic copy of the Draft and Final ARD
Task 6.2.4. Cultural Resources: Area of Potential Effects Map
GPA will electronically prepare an Area of Potential Effects (APE) Map. The APE boundary for the proposed undertaking will
be delineated in consultation with Caltrans and in accordance with Attachment 3 of the Section 106 Programmatic
Agreement and appropriate sections of the SER. It will be broad enough to account for potential effects to adjacent
resources while maintaining a reasonable level of effort given the scope of the undertaking. GPA will collaborate internally
with specialists during the APE delineation process to ensure that any potential for effects to both built environment and
archaeological resources are considered. APE approval is the first step in the Section 106 process through Caltrans; once the
APE has been signed, the following cultural resource tasks can commence.
Deliverables: One electronic copy of the Draft and Final APE Map
Task 6.2.5. Cultural Resources: Section 106 Native American Outreach & AB 52 Native
American Outreach Support - OPTIONAL
As a subconsultant to GPA, Duke Cultural Resources Management (DUKE CRM) will provide support in required
coordination as part of the Assembly Bill (AB) 52 (City as CEQA lead agency) and National Historic Preservation Act (NHPA)
(Caltrans as lead agency) process. Under each lead agency, DUKE CRM will prepare letters on City and Caltrans letterhead.
Upon approval from the agencies, DUKE CRM will send the letters to Native American groups via U.S. Certified Mail. DUKE
CRM will make follow up emails/phone calls to Native American groups. From this point, consultation will take place
between the agencies and each Native American group. Limited follow-up/consultation support is anticipated, as all
consultation is required to take place between the lead agency and the tribe(s).
Deliverables: One electronic copy of the Draft and Final letter to interested parties; follow-up; consultation matrix
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The City of La Quinta Page 8
Task 6.2.6. Cultural Resources: Paleontological Identification Report
The County of Riverside has classified the project location as high sensitivity for paleontology at or near the surface.
Therefore, as a subconsultant to GPA, DUKE CRM proposes to prepare a Caltrans format combined Paleontological
Identification Report (PIR)/Paleontological Evaluation Report (PER). This will involve a paleontological records search at the
San Bernardino County Museum and the Western Science Center and archival research related to geology and
paleontology. A paleontological field survey will also be conducted of the project area and focused on geologic exposures.
The report will include a project description, setting, methods, results, paleontological sensitivity, potential impacts, and
recommendations sections.
Deliverables: One electronic copy of the Draft and Final PIR/PER
Task 6.2.7. Cultural Resources: Archaeological Survey Report
As a subconsultant to GPA, DUKE CRM will conduct research at the Eastern Information Center, Native American Heritage
Commission, and on-line historic aerial maps, historic topographic maps of the area, and additional on-line research, as
necessary. Following the research and after the APE Map is approved by Caltrans, DUKE CRM will conduct a systematic
pedestrian field survey of the APE. If there are any archaeological resources within the project boundaries, additional budget
will be required to document and evaluate any resources on State of California Department Parks and Recreation (DPR) Site
Forms. DUKE CRM will prepare a Caltrans format Archaeological Survey Report (ASR), submit for City review, and process
through Caltrans following City approval.
Deliverables: One electronic copy of the Draft and Final ASR
Task 6.2.8. Cultural Resources: Historic Properties Survey Report
The Historic Properties Survey Report (HPSR) is the umbrella document that Caltrans uses for compliance with Section 106.
This document includes a summary of the records search, Native American consultation, and Section 106 findings. GPA will
prepare the HPSR in accordance with all Caltrans requirements; the ASR (with Native American outreach results) and APE
Map will be attached to it as supporting documentation.
Deliverables: One electronic copy of the Draft and Final HPSR
Task 6.2.9. Cultural Resources: Section 106 Outreach (Interested Parties)- OPTIONAL
GPA will assist the City and Caltrans in conducting outreach to potentially interested parties in accordance with established
Section 106 procedures. GPA will prepare a draft of the letter for the City and Caltrans to review. Interested parties letters will
be sent on Caltrans letterhead and signed by Caltrans Professionally Qualified Staff. GPA will send digital copies of the letters
to recipients and follow up via phone or email at least three weeks after digital letters are sent.
Deliverables: One electronic copy of the Draft and Final letter to interested parties; follow-up email
Task 6.2.10. Hazardous Materials: Phase I Initial Site Assessment with Site
Investigation Results
As a sub -consultant to GPA, Crawford & Associates, Inc. (Crawford) will prepare a Phase I Initial Site Assessment (ISA) to
identify evidence of Recognized Environmental Conditions (RECs) at the bridge site, and evaluate if conditions on adjacent
properties have, or have the potential to, impact the project area. The ISA will be prepared to ASTM E1527- 21 (modified)
and Caltrans standards. Due to the age of the roadways and previous agriculture use nearby, shallow soil samples will be
collected and tested for aerially deposited lead (ADL) and organochlorine pesticides (OCPs). In addition, traffic striping will
be tested for select metals and the existing crossing concrete will be tested for asbestos. The results of the ISA and analytical
testing, conclusions, and pertinent recommendations will be presented in a Phase I ISA report.
Crawford will begin by reviewing and summarizing geologic conditions underlying the project site based on readily available
geologic mapping from the U.S. Geological Survey and the California Geological Survey, including an assessment of the
potential for naturally occurring asbestos; and a summary of hydrogeologic conditions (including depth to groundwater and
regional groundwater flow, if readily available) based on information from websites maintained by the State of California.
Then Crawford will contract with Environmental Risk Information Service (ERIS) to provide historical aerial photographs,
USGS topographic maps, street directories, and fire insurance maps for the project corridor and adjacent properties.
Crawford will summarize the general historical conditions of the project area and historical uses of adjacent properties.
Using ERIS, Crawford will review all publicly available federal, state, local, and tribal environmental agency databases for
information pertaining to the project area and facilities/properties within ASTM standard search radii applicable to each
database.
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Once all background research has been completed, Crawford will conduct a site reconnaissance of the project area and
adjacent properties to observe current conditions. The reconnaissance will include observations of potential sources of
environmental impact to the project area, including use or storage of hazardous materials and wastes; presence of
underground or aboveground storage tanks; presence of drums, wells, or electrical equipment; condition of vegetation;
presence of noxious odors, stockpiled soil, piled garbage, medical waste, tires and batteries, or sewage/waste disposal; and
general geologic, hydrogeologic, and topographic conditions.
Where records are missing or incomplete, or where regulatory clarification is needed, Crawford will contact Riverside County
Department of Environmental Health or other regulatory personnel to ascertain current environmental conditions. Where
warranted, Crawford will attempt to interview current and past owners of adjacent property if contact information is
provided.
Following these reviews, Crawford will evaluate the risk of potential hazardous materials within and adjacent to the project
area. The Phase I ISA will be prepared summarizing the findings of review and site reconnaissance. The report will address
identified potential contamination and hazardous material impacts to provide recommendations for investigation and
analysis of any potential impacts, as appropriate. The draft ISA will be submitted for City review; Crawford will incorporate
responses to comments into the document and prepare a final draft for submittal to Caltrans.
Washington Street and Avenue 50 are visible in imagery from Google Earth dated 1985. This suggests that these streets
were used for vehicle traffic during the late states of leaded gasoline usage in California; ADL is of potential concern. This
imagery also suggests that some of the properties in the project site vicinity were used for agriculture that might have
included use of OCPs. White and yellow traffic striping is visible in Google Earth imagery. Crawford will collect soil samples
from up to seven locations to analyze for the presence of these compounds. All 21 soil samples will be analyzed for total
lead (Environmental Protection Agency [EPA] 6010), six samples will be analyzed for OCPs (EPA 8141), and two samples will
be analyzed for pH (EPA 9040). Six soil samples will be further analyzed for soluble lead (WET and TCLP methods). One
sample of white traffic striping will be analyzed for total lead, and one sample of yellow traffic striping will be analyzed for
total lead and total cadmium. One traffic striping sample will be analyzed for soluble lead (WET and TCLP methods). Two
samples of the low water crossing concrete will be analyzed for asbestos. A summary of the methods and results of this
sampling will be included in the Phase I ISA.
Deliverables: One electronic copy of the Draft and Final Phase I ISA
Task 6.2.11. Noise & Groundborne Vibration Technical Memorandum
As a subconsultant to GPA, AMBIENT will prepare a technical memorandum to evaluate short-term construction noise and
groundborne vibration impacts associated with the project. The technical memorandum will include a description of the
existing noise environment, based on existing environmental documentation and a review of site reconnaissance data.
Predicted construction -generated noise and groundborne vibration levels will be quantified based, in part, on project -
specific construction information to be provided. The significance of noise and groundborne vibration impacts will be
assessed in comparison to applicable standards and recommended thresholds. Mitigation measures will be identified for
significant and potentially significant impacts, if any. Analysis of long-term traffic noise and vibration impacts is not
anticipated to be required and is not included.
Deliverables: One electronic copy of the Draft and Final Technical Memorandum
Task 6.2.12: Abbreviated Visual Impact Assessment
As part of the development of this scope of work, GPA completed the Caltrans Questionnaire to Determine Visual Impact
Assessment (VIA) Level. The results of the questionnaire identified an Abbreviated VIA as the appropriate level of document
for the project. GPA will prepare an Abbreviated VIA in accordance with Caltrans requirements and the Caltrans VIA
Annotated Outline, to analyze the changes in the visual setting that may result from the project. The Abbreviated VIA will
include a description of the existing visual setting, key viewsheds/viewpoints, and project features. The report will analyze
visual impacts resulting from the project and, if necessary, identify measures to reduce these impacts.
Deliverables: One electronic copy of the Draft and Final Abbreviated VIA
Task 6.2.13: Water Quality Assessment Report
GPA will prepare a Water Quality Assessment Report (WQAR) for the project. Background information for the project
vicinity, including other studies completed, will be reviewed. GPA will identify and describe existing waterways and
watersheds, identify specific water quality concerns in the area, evaluate the potential for project impacts, and identify
appropriate measures, if required or not exempt, to minimize these impacts. Construction -related impacts and long-term
operational impacts on water quality will be qualitatively evaluated, and both direct and cumulative impacts related to the
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The City of La Quinta Page 10
project will be described. The WQAR will address regulatory compliance and identify applicable best management practices
included in the project design. If mitigation is required for the project, mitigation measures will be outlined in the WQAR.
Deliverables: One electronic copy of the Draft and Final WQAR
Task 6.2.14: Noise Study Report OPTIONAL
The increased height of the bridge compared to the existing low-water crossing may trigger the need for a Noise Study
Report (NSR) and barrier assessments for the nearby residential land uses. This is a higher level of document than what is
identified under Task 6.2.11. If required, the cost to complete Task 6.2.11. would be utilized as well as the additional budget
identified under this optional task.
As a sub -consultant to GPA, AMBIENT will prepare the NSR in accordance with Federal Highway Administration (FHWA) and
Caltrans requirements to assess noise impacts associated with the single build alternative. The NSR will include a description
of the existing noise environment, based on existing environmental documentation and a review of site reconnaissance data.
AMBIENT will conduct ambient noise monitoring at various locations in the vicinity of the project site to document existing
environmental conditions and traffic noise levels. Up to twenty short-term (i.e., 10-15 minute) and three long-term (i.e., 24-
hour) noise measurement surveys will be conducted, to the extent deemed necessary. Ambient traffic noise levels will be
monitored during noise monitoring periods for purposes of calibrating the traffic noise model. Relevant background
information, including noise fundamentals, descriptors, and applicable federal, state, and local regulatory framework, will be
described.
To assess potential construction noise impacts, sensitive receptors and their relative exposure to the project area
(considering topographic barriers and distance) will be identified. Noise levels of specific construction equipment will be
summarized in included in the report. Predicted construction -generated noise levels at nearby receptors will be calculated
using the FHWA Roadway Construction Noise Model.
Traffic noise modeling will be conducted in accordance with FHWA/Caltrans-recommended methodologies and guidance.
Accordingly, predicted traffic noise levels will be modeled using the FHWA Traffic Noise Model, version 2.5. The TNM model
will be calibrated based on the monitoring data obtained during the site reconnaissance surveys. Predicted average -hourly
traffic noise levels (in Leq) will be calculated at nearby existing receptors for comparison to FHWA/Caltrans-recommended
noise abatement criteria. Traffic noise modeling will be conducted for existing, no -build, and build conditions.
Groundborne vibration levels typically associated with construction activities and long-term operations will be discussed,
based on information to be derived from Caltrans -recommended guidance documents. To the extent necessary,
groundborne vibration levels associated with major construction activities (e.g., pile driving) will be quantitatively assessed.
Long-term exposure to groundborne vibration are anticipated to be minor and will be qualitatively assessed.
The significance of noise -related impacts will be determined in comparison to applicable FHWA/Caltrans noise abatement
criteria. Noise -abatement measures (i.e., noise barriers) will be identified and evaluated, to the extent necessary. This
discussion will also address Caltrans -recommended control practices, as well as applicable local requirements for the control
of construction -generated noise. A Noise Abatement Decision Report may be required at the outcome of completing the
NSR Mark Thomas will review and submit additional scope for those services.
Deliverables: One electronic copy of the Draft and Final NSR
Task 6.2.15: Air Quality Report OPTIONAL
If it is determined by Caltrans that the project would be considered capacity increasing, the roadway widening would trigger
the need for an Air Quality Report (AQR). This is a higher level of technical analysis than what is identified under Task 6.2.1. If
required, the cost to complete Task 6.2.1. would be utilized as well as the additional budget identified under this optional
task.
As a sub -consultant to GPA, AMBIENT will prepare the AQR in accordance with Federal Highway Administration and
Caltrans requirements to assess air quality and GHG impacts associated with the project. Existing air quality and GHG
conditions will be discussed, including applicable regulatory framework, standards, and attainment status. Short-term
construction and long-term operational emissions of criteria air pollutants and GHG emissions will be quantified.
Construction emissions will be quantified based on project -specific construction information and schedules utilizing the
CalEEMod computer program. Long-term operational emissions of criteria air pollutants and GHGs will be quantified using
emission factors to be derived from the CTEmfac model and data to be derived from the traffic analysis prepared for this
project. The project's conformity with regional and project -level air quality attainment efforts will be discussed.
Localized increases in mobile -source emissions attributable to this project, including carbon monoxide (CO), particulate
matter (PM), and air toxics are anticipated to be minor and, therefore, will be qualitatively assessed utilizing FHWA/Caltrans-
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 11
recommended screening protocol. This scope of work assumes that the proposed project would not be considered a
project of air quality concern (POAQC) with regard to localized PM air quality conformity. Mobile -source air toxics will be
qualitatively discussed in accordance with FHWA/Caltrans guidance. Dispersion modeling of localized pollutant
concentrations associated with short-term construction and/or long-term operation of the project and the preparation of
health risk assessments are not anticipated to be required and are not included. Measures for the control of construction
and long-term operational emissions will be discussed, to the extent necessary. This discussion will address Caltrans -
recommended control practices, as well as applicable air district rules and regulations. The AQR will be submitted to the City
for review and approval prior to submittal to Caltrans for review and approval.
Deliverables: One electronic copy of the Draft and Final AQR
Task 6.2.16: Air Quality Conformity Assessment OPTIONAL
If it is determined by Caltrans that the project would be considered capacity increasing, the roadway widening would trigger
the need for an Air Quality Conformity Assessment (AQCA). As a sub -consultant to GPA, AMBIENT will prepare an AQCA
based on information contained in the AQR for the single build alternative. AMBIENT will prepare forms and supporting
documentation required for submittal of the project for interagency PM-hotspot conformity review. The AQCA will be
prepared using the Caltrans -recommended AQCA template and in accordance with Caltrans -recommended guidance and
methodologies.
Deliverables: One electronic copy of the Draft and Final AQCA
TASK 6.3. VMT SCREENING ASSESSMENT
Fehr and Peers will review the project description and conduct a VMT screening assessment based on the City of La Quinta
Vehicle Miles Traveled (VMT) Analysis Policy (June 2020). The project will be reviewed to determine if it can be screened
from VMT impact analysis.
It is anticipated that the project will screen from VMT based on Project Type Screening. Per the City's guidelines, if a
transportation project is consistent with SCAG's Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS),
it can be screened from VMT assessment.
Fehr & Peers will conduct a VMT screening and submit the VMT Screening memorandum to the Project team and respond
to one round of consolidated comments. Fehr & Peers will submit the updated draft to the City for review. We will respond
to one round of consolidated comments and submit a final version to the City.
DELIVERABLES
VMT Screening Memorandum
TASK 6.4. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GPA will complete the preparation of all CEQA documentation and support the City in meeting its Lead Agency
responsibilities for public notification and approval of the CEQA document. Following completion of all technical analysis,
GPA will reference the result of these studies, as well as other background research, to prepare the Administrative Draft IS,
consistent with CEQA Guidelines Appendix G and in a format acceptable to the City. The document will include all required
sections for an IS. GPA will incorporate any review comments to prepare the Draft IS for public circulation; GPA will
coordinate with the City to circulate the document for the required 30 -day public review period. The document will be
posted with the State Clearinghouse (SCH) under the most current electronic submittal requirements. GPA will also prepare
a Notice of Completion and Notice of Intent, if applicable. Once the Draft IS has been circulated GPA will prepare responses
to public comments received and prepare the Mitigation Monitoring and Reporting Program. GPA will prepare a Final MND,
incorporate any review comments, and prepare the Notice of Determination (NOD). The NOD will be filed within five days of
the City's acceptance of the final document. It is assumed one (1) public meeting would be held by the City during
circulation of the environmental document; the GPA PM will attend one (1) City Council meeting related to the
environmental document in order to respond to questions and/or comments related to the environmental analysis.
For the NEPA documentation, Caltrans will prepare the Categorical Exclusion based on the completed environmental
technical studies.
DELIVERABLES
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 12
Administrative Draft/Draft and Final CEQA IS/MND
Draft and Final NEPA CE Support to Caltrans
TASK 6.4.1. Administrative Draft Environmental Assessment - OPTIONAL
Following completion of all appropriate technical analysis, GPA will reference the results of these studies, as well as other
background research, to prepare the environmental document. The Administrative Draft IS/EA will be consistent with
CEQA Guidelines Appendix G, the Caltrans Annotated Outline for EAs, and accessibility requirements. The document will
include all required sections for an IS/EA and will address on-site and off-site impacts of the project. Once complete,
GPA will submit the Administrative Draft IS/EA to the City for review and will coordinate, as needed, for review and
approval of the document. The IS/EA will be delivered to the City staff for internal review and comment prior to release
of the Draft IS/EA to Caltrans for review.
DELIVERABLES
» One (1) electronic copy of the Administrative Draft IS/EA
TASK 6.4.2. Draft Environmental Assessment - OPTIONAL
Once the Administrative Draft IS/EA has been approved by the City, GPA will prepare the Draft IS/EA (with MND) and
coordinate with the City to transmit it to Caltrans for review. GPA will coordinate with Caltrans staff to ensure that the
sections are formatted for ease of use and to meet the criteria for the IS/EA templates. Upon receipt of Caltrans
comments, GPA will revise the Draft IS/EA, and re -submit it to Caltrans for a second review. Assuming no further
comments from Caltrans, GPA will coordinate with the City to circulate the Draft IS/EA to the public for the 30 -day public
review period, as described under the IS/MND task above.
DELIVERABLES
One (1) electronic copy of the Draft IS/EA (with MND)
TASK 6.4.3. Draft Environmental Assessment — OPTIONAL
Following circulation of the Draft IS/EA (with MND), GPA will coordinate with the City and Caltrans to prepare responses
to any public comments received and incorporate the responses and any required revisions into the document. It is
assumed that no more than ten public comments will be received. Additionally, GPA will prepare the Caltrans -required
Environmental Commitments Record (ECR) which can also serve as the City's Mitigation Monitoring Reporting Plan
(MMRP). GPA will then prepare a Final IS/EA and submit it to the City for review. GPA will coordinate as needed to make
further revisions and obtain approval to finalize the document. After production of the Final IS/EA, GPA will forward the
Final IS/EA to Caltrans for review. Any additional comments from Caltrans will be incorporated; GPA will coordinate with
Caltrans to obtain a Finding of No Significant Impact (FONSI) for the project. Additionally, upon completion of the Final
IS/EA, GPA will coordinate with the City to file a NOD, as described under the IS/MND task above.
DELIVERABLES
One (1) electronic copy and up to three (3) hard copies of the Final IS/EA (with MND & FONSI)
TASK 7. GEOMETRIC APPROVAL DRAWINGS (PHASE 1) - 35%
DESIGN
TASK 7.1. PRELIMINARY ENGINEERING
Mark Thomas shall develop the horizontal and vertical layout of the new bridge structure on Avenue 50 based on the
survey mapping and existing utility record drawings. The geometric design shall include the original ground, traveled
way, shoulders, cut/fill slopes, known utilities, and existing/proposed right-of-way. The proposed roadway cross-section
shall be consistent with the City of La Quinta cross-section for the segment of Avenue 50 within the project area with
exception to the reduced median width across the bridge.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 13
TASK 7.2. TRANSPORTATION STUDY - OPTIONAL
To assist with developing intersection pavement marking layout, storage lengths, and signal timing updates, Fehr and
Peers will utilize RIVCOM to develop peak hour forecasts at the intersection Washington Street & Avenue 50 and daily
traffic forecasts on the Avenue 50 from Washington Street to Park Ave.
We will collect traffic volume data during fair weather, while school is in session, and during a typical (non -holiday)
Tuesday, Wednesday, or Thursday. Intersection peak period data will be collected during typical commute periods
(7:00- 9:00 AM, 4:00-6:00 PM). Bicycle and pedestrian peak hour counts will be collected. The daily traffic counts (up to
two 24-hour roadway counts) with vehicle classification (truck percentage) will be performed on the study roadway. If
traffic data is readily available from surrounding planned development projects and with City approval, Fehr and Peers
may utilize existing volume information to eliminate counts.
Forecasts will be prepared by applying the Difference Method, which adds traffic growth from RIVCOM base to future
year models to existing counts, consistent with National Cooperative Highway Research Program (NCHRP) Report 765.
The study is not required to meet CEQA/NEPA requirements and, at the option of the City, be utilized to validate
intersection geometrics and signal modification design. This scope assumes the project 4 -lane, westbound approach to
the intersection will drop the second lane into a right turn only to accommodate the newly painted Avenue 50 'Road
Diet' project west of Washington Street.
TASK 7.3. BRIDGE TYPE SELECTION REPORT & MEETING
Mark Thomas will prepare a Structure Type Selection Report per Caltrans Structures Local Assistance (SLA) Type Selection
Guidelines for Local Bridge Projects - Attachment B and attend a Type Selection Meeting with Caltrans SLA. The Report will
assist the City in determining the best suited structure type for the project and is required as part of the Caltrans SLA
approval process. Assuming one (1) alternative studied from the bridge alternatives hydraulic analysis would be eliminated,
Mark Thomas shall develop up to two (2) different alternatives to be presented in the report, which will include a General
Plan, Foundation Plan, and General Plan Estimates for each structure type. The General Plan Estimate will include both
roadway and bridge costs for each structure alternative. The report will discuss the advantages and disadvantages of the
alternatives and will address geotechnical, hydraulic, aesthetic, constructability, and environmental issues, as well as costs.
The report will be submitted to the City for review. Mark Thomas will address any comments that the City may have and will
then submit the report to Caltrans SLA for review and concurrence of the recommendations. Mark Thomas will attend a
Type Selection Meeting with Caltrans SLA to discuss the Type Selection Report and recommendations as required by the
SLA approval process. The task shall be completed prior to the commencement of the environmental technical studies and
field reviews.
TASK 7.4. GEOMETRIC APPROVAL DRAWINGS
Mark Thomas shall prepare geometric approval drawings showing preliminary layout and preliminary estimates. The plan
must contain a view depicting geometric layout of the traffic lanes. Curve and taper information must be shown, but sign
and striping type detail are not required. All utility conflicts shall be noted so advance clearing of utilities may begin during
Phase I. The preliminary geometric exhibit will contain a proposed roadway alignment, roadway plan and profile on a 1" =
40' scale. The exhibit will also show limits of construction, project dimensions, and general identification of work as well as
the centerline and edge of pavement design.
Pedestrian Lighting Calculations and Concept Design Fehr and Peers will prepare a photometric assessment for the bridge
walkways illuminated by the preferred pedestrian inset light AG132 lighting software. Fehr and Peers shall compare the
results to IES RP -8 and provide any recommendations for the design and light fixture if the levels are insufficient to meet
RP -8.
DELIVERABLES
Traffic Counts
Transportation Study
35% Concept Design Plan
Bridge Type Selection Report
Pedestrian Lighting Calculations and Concept Design
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 14
TASK 8. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
(PHASE I D
The scope of services for the Final PS&E of the Avenue 50 Bridge crossing assumes the following conditions exist:
Final bridge and roadway would be a four -lane facility.
Design speed for Avenue 50 would match existing posted speed on Avenue 50 or be as directed by the City prior to
the commencement of final design.
TASK 8.1. FINAL GEOTECHNICAL ANALYSIS (PHASE II)
Task 8.1.1. Geotechnical Investigations
Caltrans is enforcing the AASHTO recommendations of a soil boring at each bridge support locations where
substructure width is less than 100 feet; minimum of two (2) borings are required per location where substructure
width is greater than 100 feet. Data obtained from some boreholes will be used for multiple design elements. Based
on this information, EMI's geotechnical field investigations plan is presented in Table 1. Based on our discussion with
Mark Thomas, a pavement core will be obtained at each end of the project to determine the existing pavement
sections.
ID rNE LIMErNBER OF APPROXIMATE
RINGS DEPTH (FEET)
Bridge Abutments
2
80
Bridge Piers
2
100
Roadway
2
20
Pavement Cores
2
N/A
EMI will prepare a boring location plan, and this plan will be used to secure the well permits and City encroachment
permits. No permit fees required with the City and CVWD or City pays permit application fees, if required.
The standard WATCHBOOK manual traffic control plans are sufficient for planned initial boring locations. It is assumed
that stamped site-specific traffic control plans are not required, however; if there are any limitations (utilities or hard
drilling conditions) that require the borings to move and requires stamped site-specific traffic control plans, expense for
the stamped traffic control plans will require a change in this scope. The design team has concluded that a dry well
system will most likely not be a suitable and long-term solution for the intersection of Avenue 50 and Washington Street;
therefore, infiltration test have been excluded from this scope.
Task 8.1.2. Laboratory Testing
Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg Limits, direct shear, UU
triaxial, consolidation, R -value, and soil corrosion tests. The tests provide the data required for hydraulic analysis for
scour.
Task 8.1.3. Geotechnical Engineering Analysis and Report
Following analyses will be performed for the project: prepare design ARS curve, assessment of soil liquefaction potential,
seismic settlement, and lateral spreading, foundation analysis for bridge, assessment of global slope stability, and a review
of City Standard pavement structural section.
EMI will prepare a Foundation Report (that includes Geotechnical Engineering recommendations). The Foundation Report
will include recommendations for bridge, slopes, and pavement structural sections. EMI will address any comments
resulting from the City review and prepare a final Foundation Report.
DELIVERABLES
Draft/ Final Foundation Report
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 15
TASK 8.2. REGULATORY AGENCY PERMITS
The Evacuation Channel connects to Whitewater River, which flows to the Salton Sea, and is expected to fall under the
jurisdiction of the USACE, RWQCB, and CDFW. After 65% submittal, GPA will prepare the Pre -Construction Notification
for submittal to the USACE, water quality certification application for submittal to the RWQCB, and the Streambed
Alteration Notification for submittal to CDFW. GPA will coordinate with the City and regulatory agencies as needed to
obtain the necessary permits. Coordination includes calculations of impacted jurisdictional areas including temporary and
permanent impacts derived from engineering drawings. The following scope assumes less than 0.5 acre would be
permanently impacted under each jurisdiction.
» Section 404 of the Clean Water Act Nationwide Permit
The Evacuation Channel connects to Whitewater River which flows to the Salton Sea and is expected to fall under the
jurisdiction of the USACE as waters of the U.S. Because the project would result in temporary and permanent impacts on
the Evacuation Channel, a Section 404 Permit will be required.
GPA will prepare the PCN package for submittal to the USACE. The application will include a brief description of the
project, an assessment of impacts on waters of the U.S., minimization measures and best management practices to
minimize impacts to waters of the U.S., a proposed mitigation plan, and other pertinent project information, as required
by the USACE. GPA will coordinate with the City and USACE as needed to obtain the 404 authorization.
Section 401 of the Clean Water Act Water Quality Certification
Section 401 of the Clean Water Act requires applicants acquiring permits from the USACE under Section 404 obtain a
Water Quality Certification from the RWQCB for the state in which the discharge originates. GPA will prepare an
application for a Section 401 Water Quality Certification for submittal to the RWQCB. The application will include a brief
description of the project, an assessment of impacts to waters of the state, measures, and best management practices to
minimize impacts, a proposed mitigation plan, and other pertinent project information, as required by the RWQCB. GPA
will coordinate with the City and RWQCB as needed to obtain the Water Quality Certification.
Section 1602 of the California Fish and Game Code Lake or Streambed Alteration Agreement
Section 1602 of the California Fish and Game Code requires submittal of a Lake or Streambed Alteration Notification to
the CDFW for any activity that may substantially divert or obstruct the natural flow or substantially change the bed,
channel, or bank of any river, stream, or lake. Streams (and rivers) are defined by the presence of a channel bed and
banks and at least an intermittent flow of water; therefore, the Evacuation Channel is expected to fall under the
jurisdiction of the CDFW.
GPA will prepare a Lake or Streambed Alteration Notification package for submittal to the CDFW. The notification will
include a brief description of the project, an assessment of impacts to CDFW jurisdictional areas, measures, and best
management practices to minimize impacts, a proposed mitigation plan, and other pertinent project information, as
required by the CDFW. GPA will coordinate with the City and CDFW as needed to obtain the Streambed Alteration
Agreement from CDFW. If a Habitat Mitigation and Monitoring Plan or other mitigation is required, a separate scope and
fee will be prepared to conduct that work.
DELIVERABLES
401 Water Quality Certification from the Regional Water Quality Control Board
404 Nationwide Permit Verification from the United States Army Corps of Engineers
1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife
General coordination with permitting agencies to obtain required regulatory agency permits
TASK 8.3.65% ROADWAY PLANS AND ESTIMATE
Upon the acceptance of the preliminary roadway geometrics, Mark Thomas will prepare the 65% roadway plans consisting
of Typical Sections and Notes sheets, Construction Detail Sheets, Plan and Profile Sheets in 1" = 40' scale with construction
details no larger than 1' = 10", drainage plans and details, retaining walls plans where required, pedestrian/bicycle routing
plan, and detour plan. The Roadway Plan and Profile shall show the existing topography, limits of work, construction
notes, right-of-way, utilities, and other general design elements. Centerline, edge of pavement and vertical design shall be
provided on the profile.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 16
Fehr and Peers will prepare signing and striping plans for the roadway improvements along Avenue 50 and
Washington Avenue. The final signing and striping plans shall be prepared for final plotting on Arch D -sized sheets at
T' = 40', as appropriate.
All design and report documents will utilize Imperial Units, with geometrics conforming City, CVWD, and/or County
Standards. When noted, the anticipated Caltrans Standard Plans 2024/2025 Edition, and Caltrans 2024/2025 Standard
Specification with all published updates for each document as of date of the notice to proceed for this scope of work
shall be used. Should the Caltrans Standards update(s) result in significant technical changes to design during the
milestone submittals or prior to Ready -to -List, the updates shall result in change in this scope. Mark Thomas will prepare
cost estimates with preliminary construction quantities for the Roadway PS&E.
TASK 8.3.1. 65% Sanitary Sewer Relocation Plan and Domestic Water Line Relocation Plan
Upon the acceptance of the preliminary roadway geometrics, Mark Thomas will prepare the 65% plans consisting of
sanitary sewer relocation plan, profile, and details, and domestic water relocation plan, profile, and details, and Sheets in 1"
= 40' scale with construction details no larger than T = 10".
DELIVERABLES
Title Sheet and Location Map (1)
Typical Section and Notes (3)
Plans and Profile (3)
Demolition Plan (2)
Contour Grading (2)
Utility Plan (2) includes existing utilities and final construction notes based on final agreement(s)/protect-in-place and/or
relocation(s) by others, reference to additional relocation will be noted as needed
Drainage Plans and Details — Bridge (2)
Drainage Plans and Details — Intersection (1)
Channel Improvement Details (4)
Pedestrian and Bicycle Routing Details (1)
Construction Details (4)
Signing and Striping Plan (1)
Signing and Striping Plan for Pedestrian and Bicycle Routing (1)
Detour Plan (1)
Details Sheets (6)
Bridge Pedestrian Lighting Plan (1)
Sanitary Sewer Relocation Plans and Details (4)
Domestic Water Line Relocation Plans and Details (4)
Engineer's Opinion of Probable Construction Costs
TASK 8.3.2. Traffic Signal Modification Design - OPTIONAL
Fehr & Peers will prepare one (1) signal modification design consisting of two (2) sheets traffic signal design plans to
accommodate adjustments to existing signal equipment and detection, if necessary, based on the ultimate lane
configuration and geometrics. The traffic signal design will include existing features to remain, existing features to be
removed, new equipment to be installed, and the conductor and equipment schedules. The traffic signal plan will be
prepared at V=20' scale and will be designed in conformance with California Manual on Uniform Traffic Control Devices
(CAMUTCD) and City requirements. Two (2) traffic signal design sheet will be prepared, stamped and signed by a CA
Licensed Civil Engineer.
DELIVERABLES
One (1) Traffic Signal Modification Plan — 2 (two) sheets (1:20 scale)
TASK 8.3.3. Traffic Signal Interconnect - OPTIONAL
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 17
If necessary, based on the impacts to the traffic signal modification, Fehr & Peers is available to prepare a signal
interconnect plan. The plan will include existing equipment based on as-builts, verified by our field visit. Separate pull
boxes will be proposed as part of the design along with conduit connected directly to the controller cabinets. The fiber
optic plans (up to 2 sheets) will be submitted and revised along with the traffic signal plans for the same review cycle.
DELIVERABLES
Two (2) Traffic Signal Interconnect Plans (1:40 scale)
TASK 8.4.65% UNCHECKED DETAIL - STRUCTURE PLANS AND ESTIMATE
Mark Thomas will prepare structural calculations, bridge plans, and a construction cost estimate for the selected
bridge alternative. For the purposes of this scope of work, it is assumed that a three span, cast -in-place post
tensioned concrete slab will be the preferred structure alternative. The structure design will be performed in
accordance with AASHTO LRFD Bridge Design Specifications, 8th edition with California Amendments and Caltrans
Seismic Design Criteria 2.0. In general, it is anticipated that the following structure plan sheets will be prepared. The
construction cost estimate comprised of quantities and unit prices. Unit prices will be developed using current bid
results from similar projects, Caltrans database information and Caltrans' latest Construction Cost Manual. All
estimates will be done in Caltrans BEES format using Microsoft Excel.
Should CVWD require a separate set of bridge plans provided on their border, the plan sheets noted may adequately
cover the level of effort required to obtain CVWD approval and meet permit standards. If CVWD requests additional
sheets and/or details above the intended number of sheets noted within this scope, Mark Thomas shall submit a
request for scope augmentation.
DELIVERABLES
General Plan (1)
Index to Plans (1)
Foundation Plan (1)
Abutment Plan (2)
Abutment Details (2)
Pier Layout (2)
Pier Details (1)
Typical Sections (1)
Utility Details (2)
Aesthetic Details (3)
Log of Test Borings (2)
TASK 8.5. IDENTIFY ROW REQUIREMENTS
Mark Thomas will provide initial right of way requirement exhibits for the City to review and discuss proposed construction
and grading limits with property owners. The exhibit, shall be delivered during the 65% plan preparation phase, will include
existing aerial imaging, existing right of way and project design limits and features including utilities and other constraints.
DELIVERABLES
Right of Way Requirements Map
TASK 8.6.90% ROADWAY PS&E
Mark Thomas and design subconsultants will address up to one (1) round of comments for the 65% Engineering including
the plans and probable construction cost estimate. The technical specifications to be included with the contract documents
will be prepared at the 90% PS&E and edited in MS Word.
TASK 8.6.1. 90% Sanitary Sewer Relocation Plan and Domestic Water Line Relocation Plan
Mark Thomas will address up to one (1) round of comments for the 65% Engineering for the sanitary and water relocation
including the plans and probable construction cost estimate. The technical specifications to be included with the contract
documents will be prepared at the 90% PS&E and edited in MS Word.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 18
TASK 8.6.2. Contract Specifications and Special Provisions Environmental Support -
OPTIONAL
GPA will assist with ensuring that design -related avoidance and minimization measures are successfully integrated into
90 percent design drawings and contract specifications. Specifically, GPA will ensure all relevant CEQA/NEPA obligations
and permitting requirements have been adequately incorporated. GPA will make direct additions, supplemental
comments and/or create specialized, non-standard environmental specifications in tracked changes.
DELIVERABLES
Review and comments on the 90% design package including Roadway, Sanitary Sewer and Domestic Water including:
Plan Update
Probable Construction Cost Estimate
Technical Specifications
TASK 8.7. BRIDGE DESIGN INDEPENDENT CHECK
The 65% unchecked bridge plans shall be independently checked by a separate licensed bridge engineer, who has not
been involved in the project. A separate set of structural design check calculations including quantity calculations shall be
prepared in accordance with Caltrans bridge design practice. The independent checker shall review the plans for
completeness, consistency, correctness of references. The bridge designer shall revise the design and plans to mitigate
checker's review comments. The checker shall perform back -check to ensure that the comments have been adequately
addressed. All comments and responses shall be documented in the project files.
TASK 8.8.90% (FINAL) STRUCTURES PS&E
Response to all agencies' review comments for the 65% submittal shall be prepared and included in this submittal. Mark
Thomas shall prepare Caltrans Standard Special Provisions for structural work at this submittal. The plans shall be updated
per independent checker's comments.
The 65% structures estimate will be updated based on the independent checkers comments. A separate set of
quantity calculations, known as the check quantity calculations, will be prepared. The updated quantity calculations
and check quantity calculations will be compared and any differences between the two will be resolved. The
differences between the two sets of quantity calculations will not exceed the percentage tolerances defined in the
estimating section of the Caltrans Bridge Design Aids. Additionally, Mark Thomas will provide a 4 -scale drawing of the
bridge deck contours.
DELIVERABLES
Bridge Design and Quantity Independent Check Calculations
Comment / Response to Independent Check
Engineer's Opinion of Probable Construction Cost
One (1) electronic Construction Plan set in PDF format
One (1) electronic set of specifications in MS Word
Bridge Design Calculations
Response to 65% Comments from the City
4 -Scale bridge drawing of the bridge deck contours
TASK 8.9.100% PS&E
Mark Thomas and design subconsultants will address up to one (1) round of comments for the 90% Engineering
including the plans, probable construction cost estimate and an electronic set of technical specifications.
TASK 8.9.1. 100% Sanitary Sewer Relocation Plan and Domestic Water Line Relocation Plan
Mark Thomas will address up to one (1) round of comments the 90% Engineering for the sanitary and water relocation
including the plans, probable construction cost estimate and an electronic set of technical specifications.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 19
DELIVERABLES
Engineer's Opinion of Probable Construction Cost
One (1) electronic plan set in PDF format of the 100% design package including Roadway, Sanitary Sewer and Domestic
Water and Bridge
One (1) electronic set of specifications in MS Word
Response to 90% Comments from the City
4 -Scale bridge drawing of the bridge deck contours
TASK 8.10. FINAL PS&E
Final Engineering shall include detailed engineering calculations, designs, construction plans, specifications and technical
special provisions and engineer's construction cost estimates for the project that will enable the City to advertise and award
the construction contract for the project.
TASK 8.10.1. Final Sanitary Sewer Relocation Plan and Domestic Water Line Relocation Plan
Final Engineering for the sanitary and water relocation shall include detailed engineering calculations, designs, construction
plans, specifications and technical special provisions and engineer's construction cost estimates for the project that will
enable the City to advertise and award the construction contract for the project.
TASK 8.11 FINAL DRAINAGE REPORT
Webb Associates will address comments for the Preliminary Drainage Report and PS&E submittals and include final plans
with pipe network outputs information and figures to validate the drainage design.
DELIVERABLES
Engineer's Opinion of Probable Construction Cost
One (1) signed/sealed electronic plans (PDF)
4 -Scale bridge drawing of the bridge deck contours
One (1) signed/sealed electronic specs (MS Word)
One (1) copy of appendices & bid form (MS Word/PDF)
Final Drainage Report including supporting plans/calculations
Response to 100% Comments from the City
Final domestic water and sanitary sewer sheets in full size Mylar sheets to CVWD
Final Resident's Engineer Pending File
Final PS&E, right of way and E-76 support
Electronic files of all submitted documents.
Mark Thomas will provide a digital copy of the final signed/sealed project plans in AutoCAD 2022 .dwg or higher format
and PDF to the City; providing by email or Sharepoint Drive is acceptable.
Exclusions:
This task excludes the preparation of a SWPPP.
TASK 9. RIGHT OF WAY (PHASE 111)
TASK 9.1. PLATS & LEGAL DESCRIPTIONS
Mark Thomas will provide two (2) plats and legal descriptions to support acquisition and / or agreement from CVWD
including access into the channel during construction and/or the one (1) other owner. It is assumed the proposed linework
will not change once descriptions are started and documents will undergo one review at City and one at CVWD before
approval.
TASK 9.2. UTILITY AGREEMENT(S)
Mark Thomas to prepare utility agreements as necessary in accordance with Caltrans Chapter 14 of the LAPM. Mark
Thomas shall conduct utility coordination meetings, as needed, regarding adjustments and relocations, to resolve
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 20
conflict issues, and with respect to performing work for utility companies by City contractors. For utility conflicts that
require relocating, Mark Thomas shall prepare documentation through City staff to submit the official notice(s) /
order(s) to the utility companies to relocate conflicting facilities. Through City staff, Mark Thomas shall make
recommendations for special provision language with regard to utility issues, recommendations for construction
windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. All utility files will
be organized and maintained per Caltrans policies and procedures.
TASK 9.3. FINAL ROW REQUIREMENTS
Mark Thomas will update the initial right of way requirement exhibits for the City to review and discuss proposed
construction and grading limits with property owners based on the final design plans.
TASK 9.4. ROW APPRAISALS
The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a
Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to
competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies.
Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project,
introducing the appraiser, enclosing an Acquisition Brochure describing the City's acquisition process, and contract
information to answer questions and concerns.
The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform
Standards of Professional Appraisal Practice (USPAP).
Afford the property owner or the owner's designated representative the opportunity to accompany the appraiser on the
inspection of the property.
Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the
Scope of Work should address:
o The extent of the inspection and description of the neighborhood and proposed project area,
o The extent of the subject property inspection, including interior and exterior areas,
o The level of detail of the description of the physical characteristics of the property being appraised (and, in the case
of a partial acquisition, the remaining property).
In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the
existing use, provide an appropriate analysis identifying the market-based highest and best use.
Present and analyze relevant market information.
In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property
caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for
the project.
Report the appraiser's analysis, opinions, and conclusions in the appraisal report.
Appraisal Review
Review appraisals will be provided for each appraisal, and in accordance with State and Federal law and City policy as
required. The review appraiser will, as appropriate:
Identify the reviewer's client and intended users, the intended use of the reviewer's opinions and conclusions, and the
purpose of the assignment.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 21
Identify the following:
o Subject of the appraisal review assignment.
o Effective date of the review.
o Property and ownership interest appraised (if any) in the work under review.
o Date of the work under review and the effective date of the opinion or conclusion in the work under review.
o Appraiser(s) who completed the work under review, unless the identity was withheld.
Identify the scope of work to be performed
Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the
assignment.
Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the
data, given the scope of work applicable in the assignment.
Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work
applicable in the assignment, and develop the reasons for any disagreement.
Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope
of work applicable in the assignment, and develop the reasons for any disagreement.
Review appraisals will be forwarded to the City for establishment of just compensation prior to the preparation of offers to
acquire the proposed land rights for the project.
TASK 9.5. ROW AQUISITION AND NEGOTIATION
Monument will provide right-of-way delivery services required for the City to purchase right-of-way required to construct the
Project. The tasks will be performed in accordance with applicable Federal, State and local regulations, Caltrans Policies and
Procedures and City's right-of-way Policies and Procedures.
Monument will provide the following services under the direction of the City staff:
Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely,
efficient manner and at a reasonable cost. Work shall be performed in accordance with Caltrans and the City's Policies and
Procedures and applicable Federal, State and local regulations.
Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants
along with the title company, appraisers and other consultants to insure effective cross -discipline communications.
Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent
documents.
Prepare acquisition offer packages consisting of the City's written purchase offer, appraisal summary statement, acquisition
brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.),
Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI
Information.
Monument's acquisition agent will meet personally with each property owner to present the City's purchase offer, explain
the project design requirement and inform him or her of the City's right-of-way acquisition process.
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 22
Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and
valuation of the property interests, gather information from the property for consideration and address any questions or
concerns that may arise during the acquisition process.
Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist
pursuant to the City's specifications.
As may be required to secure Right of Entry Agreements; licenses or permits from property owners for purposes of
performing hazardous waste, archeological and other inspections.
Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of
information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent
information relative to the transaction will be included.
Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property
owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and
an explanation of the benefits and rationale behind the recommendation.
Escrow Coordination - Coordinate opening of escrows with direction from the project manager, assist the escrow company
in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of
escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company,
escrow holder, and the City. Upon closing of escrow, tax cancelation letters will be prepared for City signature, as necessary,
for fee interest acquisitions.
Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted
in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work
with the City in recommending solutions to achieve acceptance of the offer.
Eminent Domain Support — If requested, coordinate with City's condemnation counsel, as required, to support the
condemnation activities until the Resolution of Necessity is adopted and possession is granted by the courts. Litigation
support after the hearing for the Resolution of Necessity, such as depositions, mediation appearances and expert testimony,
can be provided on a time -and -materials basis.
Perform any other normal procedures and processes to implement the acquisition assignment and provide any other
supporting information and/or correspondence required by the City.
o Provide bilingual acquisition agents, if necessary.
o Prepare all applicable forms, secure property owner's approval and signature and submit the forms to the City for
review and acceptance.
o Upon completion of the acquisition process for each property or property interest, or at project completion,
Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit
purposes.
TASK 9.6. FINAL ROW CERTIFICATION
Monument will prepare and submit to Caltrans, and FHWA, if necessary, a right-of-way certification form and other required
documents in accordance with the Caltrans Right of Way Manual and FHWA requirements.
DELIVERABLES
Two (2) signed and stamped P&LD in pelf format
One (1) signed and stamped Plat in pdf format for TCE
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 23
Utility Agreement(s) Support
Final Right of Way Requirements Map
Right of way support services for two (2) fee acquisitions and one (1) Temporary Construction Easement (TCE)
Right of way Certification Form and required documents
Assumptions:
Given the preliminary scope and footprint of the project, this task assumes two (2) fee acquisitions and one (1) TCE for
the right of way services for property appraisals, preparation of offers, and negotiation with property owners, and final
property acquisition agreements. Should the project require the need for fee take or temporary construction easement
with additional owners, Mark Thomas will review and submit additional scope for those services. Right of way support
services are included under Right of Way.
TASK 10. CONSTRUCTION SUPPORT (PHASE IV)
Design support services will be provided for construction. Budgetary amounts have been established for each of the
following tasks based on a time and materials basis.
TASK 10.1. BID SUPPORT
When requested by the City, Mark Thomas shall remain available to attend a pre-bid meeting to be scheduled in
advance of the bid opening date. Bid support will be provided on a time and materials basis as requested by the City.
Mark Thomas assumes no more than 92 hours for bidding support will be needed. Should the City request that Mark
Thomas prepare a bid addendum plans and documents outside a Mark Thomas error/omission, Mark Thomas will
require an addendum to contract to account for the additional work.
TASK 10.2. PROJECT MANAGEMENT
Mark Thomas will manage the project team. This also includes general project management, preparing invoices and
monthly progress reports, and maintaining project files. Mark Thomas will support this task over the 16 -month core
construction period for a total of 80 hours. Mark Thomas will attend the pre -construction meeting.
This task excludes attending weekly construction meetings and other coordination meetings.
TASK 10.3. REQUEST FOR INFORMATION (RFI)
During the construction phase, Mark Thomas will work with City to respond to Request for Information (RFIs). Mark
Thomas will provide clarification and interpretation of the plans and specifications. Mark Thomas will distribute and
facilitate review RFI submittals among the design team, as well as attending field meetings during construction to review
the issue in question. A budget has been provided with an allowance for 60 RFls with an average effort of 4 staff hours
per RFI for a total of 240 hours.
DELIVERABLES
Responses to Contractor RFIs
TASK 10.4. SUBMITTAL REVIEWS
Mark Thomas will distribute and facilitate review of shop drawings and product submittals among the design team. A
budget has been provided with an allowance for 42 shop drawings or submittals with an average effort of 8 staff hours
per for a total of 320 hours.
DELIVERABLES
Review and responses to shop drawings and submittals
TASK 10.5. CONTRACT CHANGE ORDERS (CCO'S)
During the construction phase, Mark Thomas will work with City to review Contractor requested Change Orders as
changes become necessary. Our Team will review the Contactor's request, provide guidance and input to its validity,
and review potential impacts on the design and other ancillary project components and develop independent cost
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 24
estimates as verification. We have provided a budget allowance of 80 hours to support this effort. This excludes the
revision of plans and specifications.
TASK 10.6. RECORD DRAWINGS
Following construction, Mark Thomas will prepare record drawings for City records. The record drawings will be
completed in AutoCAD 2022 and shall be based upon a marked -up set of plans to be provided by the contractor and
City construction manager. Mark Thomas will provide one electronic copy.
DELIVERABLES
One (1) electronic copy of the Final As -Built plan set
PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT MARK THOMAS
The City of La Quinta Page 25
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.4 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed Two Million Three Hundred Thiry -two
Thousand Eight Hundred Sixty -Four Dollars and Sixty -Six Cents ($2,332,864.66)
("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment
payments made on a monthly basis and in an amount identified in Contracting Party's
schedule of compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
Exhibit B
Page 1of1
COST PROPOSAL FOR PROJECT SCOPE: La Quinta- Avenue 50 over the La Quinta Evacuation Channel - Federal Project No. BR-NBIL(547); City Project No. 2019-02
MARK
mi r THOMAS
------------------------------
Mimi
1, tiltill
------------------------------
------------------------------
------------------------------
------------------------------
Note: Mark-ups are Not Allowed ■ Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Consultant: Mark Thomas & Company, Inc.
Project No. La Quinta Ave 50 - BR-NBIL(547) Contract No
DIRECT LABOR
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Date 2/13/2024
Classification/Title
Name
Range
Hours
Actual Hourly Rate
Total
Principal
$138-$165
$
154.50
$
-
Sr. Engineering Manager
Pat Somerville*
$112-$148
38
$
144.23
$
5,480.74
Sr. Engineering Manager
$112-$148
$
137.82
$
-
Engineering Manager
$105-$126
$
115.69
$
-
Design Manager
$101 -$126
$
115.69
$
-
Sr. Project Manager
Paul Mittica*
$75-$107
436
$
86.84
$
37,862.24
Sr. Project Manager
$75-$107
$
96.11
$
-
Sr. Technical Lead
$75-$107
116
$
96.11
$
11,148.75
Project Manager
$62-$88
$
77.61
$
-
Project Manager
Victor Sherby*
$62-$88
558
$
73.72
$
41,135.76
Technical Lead
$62-$88
146
$
77.61
$
11,331.54
Sr. Project Engineer
$56-$78
$
67.46
$
-
Sr. Technical Engineer
$56-$78
$
67.46
$
Project Engineer
$50-$70
$
59.48
$
-
Project Engineer
Kimberly Barling*
$50-$70
1480
$
58.38
$
86,402.40
Civil Engineering Designer
$40-$67
$
56.94
$
-
Design Engineer II
$38-$62
1368
$
51.50
$
70,452.55
Design Engineer 1
$30-$52
2980
$
41.71
$
124,290.06
Sr. Planner
$38-$62
$
51.50
$
-
Planner II
$31 -$53
$
42.80
$
Planner 1
$28-$45
$
34.09
$
-
Sr. Technician
$40-$63
928
$
52.59
$
48,802.07
Technician
$23-$46
$
35.18
$
-
Intern
$17-$34
$
23.94
$
-
Survey Division Manager
$85-$126
12
$
115.33
$
1,383.98
Survey Manager II
$74-$96
$
87.77
$
-
Survey Manager 1
$69-$89
$
78.70
$
Project Surveyor III
$65-$91
$
80.51
$
-
Project Surveyor 11
$60-$80
76
$
69.63
$
5,292.21
Project Surveyor 1
$52-$75
$
64.19
$
-
Asst Surveyor 111
$45-$65
$
54.76
$
-
Asst Surveyor II
$41 -$60
96
$
49.32
$
4,735.14
Asst Surveyor 1
$35-$54
$
43.88
$
-
Survey Specialist 111
$58-$87
$
76.53
$
Survey Specialist 11
$45-$69
$
58.75
$
Survey Specialist 1
$35-$56
$
45.70
$
Lead Survey Technician
$46-$67
$
56.94
$
Survey Technician III
$37-$60
$
49.32
$
-
Survey Technician 11
$34-$56
66
$
45.70
$
3,016.04
Survey Technician 1
$19-$51
$
40.26
$
-
Chief of Party (OE3)*
$55-$73
$
62.02
$
Instrumentperson (OE3)*
$51 -$67
$
56.58
$
Chainperson (OE3)*
$48-$65
$
54.76
$
Apprentice (OE3)*
$28-$50
$
39.53
$
2 -Person Crew (OE3)*
$103-$129
$
118.96
$
3-Person Crew (OE3)*
$133-$169
$
158.85
$
-
Utility Locator (PW North)*
$44-$60
$
49.32
$
2-Person Utility Locate (PW North)*
$90-$108
$
97.20
$
Chief of Party (OE12)*
$64-$84
12
$
73.26
$
879.13
Instrumentperson (OE12)*
$58-$77
$
66.01
$
-
Chainperson (OE12)*
$58-$75
$
64.19
$
Apprentice (OE12)*
$24-$50
$
39.53
$
-
2-Person Crew (OE12)*
$122-$148
48
$
137.46
$
6,597.85
3-Person Crew (OE12)*
$146-$186
$
175.54
$
-
Utility Locator (PW South)*
$62-$78
$
67.82
$
-
2-Person Utility Locate (PW South)*
$125-$148
$
137.46
$
-
LAUD Division Manager
$85-$104
$
93.93
$
-
Sr. LAUD Project Manager
$77-$99
102
$
88.13
$
8,989.36
LAUD Project Manager
$65-$87
$
76.53
$
-
Sr. Landscape Architect
$41 -$70
$
59.12
$
Landscape Architect
$38-$64
$
53.68
$
-
Landscape Designer II
$33-$53
180
$
42.43
$
7,638.02
Landscape Designer 1
$27-$45
$
34.09
$
-
Landscape Intern
$17-$34
$
23.94
$
District Manager-Engineer
$110-$133
$
122.22
$
-
Deputy District Manager
$97-$120
$
109.89
$
-
Operations Manager
$78-$106
$
95.38
$
Sr. Sanitary Project Engineer
$68-$95
$
84.87
$
Sanitary Project Engineer
$57-$85
$
74.71
$
Associate Sanitary Engineer
$54-$75
$
64.19
$
Assistant Sanitary Engineer
$48-$67
$
56.22
$
Sr. Inspector*
$42-$60
$
49.32
$
Inspector*
$34-$52
$
41.35
$
Inspector - Apprentice*
$21 -$40
$
29.38
$
Area Manager - CM
$105-$145
$
134.19
$
-
Division Manager - CM
$105-$134
$
123.31
$
-
Sr. Resident Engineer
$90-$118
$
107.35
$
-
Sr. Project Manager - CM
$80-$112
$
101.91
$
-
Project Manager - CM
$72-$103
$
92.85
$
-
Resident Engineer
$72-$103
$
92.12
$
-
Project Controls/Scheduler
$53-$88
$
77.25
$
-
Inspector - CM*
$43-$88
$
77.61
$
-
Asst. Resident Engineer*
$55-$89
$
78.70
$
-
Office Engineer
$38-$66
$
55.85
$
-
Office Technician
$22-$40
$
29.38
$
-
Expert Witness
$170-$185
$
179.16
$
-
Strategic Consulting
$170-$185
$
179.16
$
-
Funding Manager
$88-$114
$
103.36
$
-
Sr. Funding Specialist
$52-$78
$
67.10
$
-
Funding Specialist
$38-$67
8
$
56.94
$
455.52
Project Accountant Manager
$55-$78
$
67.10
$
-
Sr. Project Accountant
$41 -$63
$
52.95
$
-
Project Accountant
$36-$57
92
$
46.79
$
4,304.27
Sr. Project Coordinator
$43-$63
64
$
52.59
$
3,365.66
Project Coordinator
$33-$52
$
41.71
$
-
Sr. Project Assistant
$34-$52
$
41.35
$
Project Assistant
$24-$42
$
31.92
$
Sr. Technical Writer
$35-$59
$
48.96
$
Technical Writer
$21 -$42
$
31.92
$
Sr. Graphic Manager
$50-$73
$
62.74 $
Sr. Graphic Designer
$40-$64
$
53.68 $
Graphic Designer
$35-$56
$
45.70 $
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
$ 483,563.30
$ 44, 741.69
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $
d) Fringe Benefits (Rate: 95.61% ) e) Total Fringe Benefits [(c) x (d)] $ 505,112.40
f) Overhead & G&A (Rate: 55.05% ) g) Overhead [(c) x (f)] $ 290,831.90
h) General & Admin (Rate: ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $
FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee: 10% $
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
528,304.99
795,944.30
132,424.93
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage (IRS Rate)
9150
MILES
$
0.66
$
5,993.25
Structure/Quantity Calculations
200
SHEETS
$
0.05
$
10.00
Overnight Mail/Mail
8
EA
$
15.00
$
120.00
Utility Prior Rights Identification
1
LS
$
3,000.00
$
3,000.00
Preliminary Title Reports
2
EA
$
1,050.00
$
2,100.00
Potholing
8
EA
$
2,400.00
$
19,200.00
Pier Diem/Hotel
2
DAY
$
400.00
$
800.00
Traffic Control
2
LS
$
4,000.00
$
8,000.00
Mobile Scanner
1
DAY
$
7,500.00
$
7,500.00
Aerial Mapping
1
LS
$
6,500.00
$
6,500.00
1) TOTAL OTHER DIRECT COSTS $ 53,223.25
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: Albert A. Webb Associates $ 91,919.85
Subconsultant 2: Earth Mechanics $ 144,138.28
Subconsultant 3: Fehr & Peers $ 70,747.92
Subconsultant 4: GPA $ 448,089.29
Subconsultant 5: Monument ROW $ 68,071.85
m) TOTAL SUBCONSULTANTS' COSTS $ 822,967.19
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $ 876,190.44
TOTAL COST [(c) + 0) + (k) + (n)] $ 2,332,864.66
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.
CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Consultant Mark Thomas & Company
Project No. La Quinta Ave 50 - BR-NBIL(547) Contract No
Date 2/13/2024
1. Calculate Average Hourly Rate for list year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$ 483,563.30 8806 = $ 54.91 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated %
Avg Hourly Rate
Proposed Escalation
Year 1
$
54.91
+ 5%
_ $
57.66 Year 2 Avg Hourly Rate
Year 2
$
57.66
+ 5%
_ $
60.54 Year 3 Avg Hourly Rate
Year 3
$
60.54
+ 5%
_ $
63.57 Year 4 Avg Hourly Rate
Year 4
$
63.57
+ 5%
_ $
66.75 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Cost per Year
Year 1
0.00% *
8806.0
= 0.0
Estimated Hours Year 1
Year 2
40.00%
8806.0
= 3522.4
Estimated Hours Year 2
Year 3
40.00% *
8806.0
= 3522.4
Estimated Hours Year 3
Year 4
20.00%
8806.0
= 1761.2
Estimated Hours Year 4
Total
100%
Total
= 8806.0
111,956.99 Estimated Hours Year 4
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$
54.91 0
= $
- Estimated Hours Year 1
Year 2
$
57.66 3522
= $
203,096.58 Estimated Hours Year 2
Year 3
$
60.54 * 3522
= $
213,251.41 Estimated Hours Year 3
Year 4
$
63.57 1761
= $
111,956.99 Estimated Hours Year 4
Total Direct Labor Cost with Escalation
= $
528,304.99
Direct Labor Subtotal before Escalation
= $
483,563.30
Estimated total of Direct Labor Salary Increase
= $
44,741.69 Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
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:
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 Proceedures
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 or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Zach Siviglia Title':
President
Signature: Date of Certification:
2/13/2024
Email: zsiviglia@markthomas.com Phone number: (949) 477-9000
Address: 2121 Alton Parkway, Suite 210, Irvine, CA 92606
* 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 providing under the proposed contract:
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Note: Mark-ups are Not Allowed ❑ Prime Consultant ■ Subconsultant ❑ 2nd Tier Subconsultant
Consultant: Albert A. Webb Associates
Project No. BR-NBIL(547) Contract La Quinta- Ave 50 Evac Channel; 2019-02 Date 2/7/2024
DIRECT LABOR
Classification/Title
Name
Range
Hours
Actual/Average
Hourly Rate
Miles
Total
Principal I I/Practice Leader
Joseph Caldwell*
$85-$96
$ -
93
$
90.27
$
8,395.14
Principal I/Senior Engineer
Ranjit Singh
$74-$86
$
99
$
79.33
$
7,853.67
Associate II/Associate Engineer
Ash Ai
$40-$60
260
$
49.12
$
12,771.20
Project Coordinator
Tiana Mundell
$20-$30
64
$
25.50
$
1,632.00
$
$
-
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
d) Fringe Benefits
f) Overhead & G&A
h) General & Admin
FIXED FEE
$ 30,652.01
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 30,652.01
(Rate: 56.48% ) e) Total Fringe Benefits [(c) x (d)] $
(Rate: 116.14% ) g) Overhead [(c) x (f)] $
(Rate: ) i) Gen & Admin [(c) x (h)] $
17,312.25
35, 599.24
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $
k) TOTAL FIXED FEE [(c) + 0)] x fixed fee: 10% $
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
52,911.50
8,356.35
Description of Item
Quantity Unit
Unit Cost
Total
Mileage - IRS Rate
Miles
$
$
Printing
Cost
$ -
$
Transportation
Cost
$ -
$
Conference Calls
Cost
$ -
$
Title Reports
Cost
$ -
$
Permit Fees
Cost
$ -
$
1) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $
TOTAL COST [(c) + (j) + (k) + (n)] $ 91,919.85
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.
CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Consultant Albert A. Webb Associates
Project No. BR-NBIL(547) Contract La Quinta- Ave 50 Evac Channel; 2019-02
Date 2/7/2024
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$ 30,652.01 516 = $ 59.40 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated %
Avg Hourly Rate
Proposed Escalation
Year 1
$
59.40 +
0%
_ $
59.40 Year 2 Avg Hourly Rate
Year 2
$
59.40 +
0%
_ $
59.40 Year 3 Avg Hourly Rate
Year 3
$
59.40 +
0%
_ $
59.40 Year 4 Avg Hourly Rate
Year 4
$
59.40 +
0%
_ $
59.40 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Cost per Year
Year 1
40.00%
516.0
= 206.4
Estimated Hours Year 1
Year 2
30.00%
516.0
= 154.8
Estimated Hours Year 2
Year 3
30.00%
516.0
= 154.8
Estimated Hours Year 3
Year 4
0.00%
516.0
= 0.0
Estimated Hours Year 4
Year 5
0.00%
516.0
= 0.0
Estimated Hours Year 5
Total
100%
Total
= 516.0
- Estimated Hours Year 5
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$
59.40 206
= $
12,260.80 Estimated Hours Year 1
Year 2
$
59.40 155
= $
9,195.60 Estimated Hours Year 2
Year 3
$
59.40 155
= $
9,195.60 Estimated Hours Year 3
Year 4
$
59.40 0
= $
- Estimated Hours Year 4
Year 5
$
54.12 0
= $
- Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $
30,652.01
Direct Labor Subtotal before Escalation
= $
30,652.01
Estimated total of Direct Labor Salary Increase
= $
- Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
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 Proceedures
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 or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Kevin Ferquson
Signature
Email
Address
Digitally signed by Kevin W.M.
Kevin W.M. Ferguson Ferguson
Date: 2024.02.12 14:36:58 -08'00'
Title *: Chief Development Officer
Date of Certification: 2/7/2024
Kevin.Ferguson@webbassociates.com Phone number: (951) 830-1830
3788 McCray Street, Riverside, CA 92506
* 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 providing under the proposed contract:
Civil engineering services for Avenue 50 bridge.
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Note: Mark-ups are Not Allowed ❑ Prime Consultant ■ Subconsultant ❑ 2nd Tier Subconsultant
Consultant: Earth Mechanics, Inc.
Project No. BR-NBIL(547) Contract La Quinta- Ave 50 Evac Channel; 2019-02 Date 2/8/2024
DIRECT LABOR
Classification/Title Name
Range
Hours
Actual/Average
Hourly Rate
Unit Cost
Total
Principal/Project Manager
$101-$124
4
$
-
$
-
Principal/Project Manager Alahesh Thurairajah*
$101-$124
100
$
101.60
$
10,160.00
Principal Engineer/Geologist
$77-$124
40
$
92.00
$
3,680.00
Senior Engineer/Geologist
$63-$92
190
$
69.70
$
13,243.00
Senior Project Engineer/Geologist
$54-$84
10
$
68.60
$
-
Project Engineer/Geologist
$51 -$70
72
$
53.50
$
3,852.00
Senior Staff Engineer/Geologist
$47-$62
4
$
51.30
$
-
Staff Engineer/Geologist
$33-$55
32
$
45.10
$
1,443.20
Senior Techncian
$49-$64
40
$
52.50
$
2,100.00
Technician
$20-$34
18
$
27.20
$
489.60
Project Analyst
$30-$63
$
-
$
-
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
d) Fringe Benefits (Rate: 58.42% )
f) Overhead & G&A (Rate: 112.26% )
h) General & Admin (Rate: )
FIXED FEE
$ 34,967.80
$ 1,628.58
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 36,596.38
e) Total Fringe Benefits [(c) x (d)] $
g) Overhead [(c) x (f)] $
i) Gen & Admin [(c) x (h)] $
21, 379.60
41, 083.09
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $
k) TOTAL FIXED FEE [(c) + Q)] x fixed fee: 10% $
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
62,462.70
9,905.91
Description of Item
Quantity
Unit
Unit Cost
Total
Drill Rig Rental
4
Day
$
5,200.00
$
18,200.00
Traffic Control
4
Day
$
1,750.00
$
7,000.00
EMI Coring
1
Day
$
400.00
$
400.00
Soil Cutting Contaminants Testing
2
Test
$
350.00
$
700.00
Soil Cuttings (drums) Disposal
10
Drum
$
300.00
$
3,000.00
Mileage
2860
Mile
$
0.655
$
1,873.30
Concrete Patch
4
Day
$
1,000.00
$
4,000.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
1) TOTAL OTHER DIRECT COSTS $ 35,173.30
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $ 35,173.30
TOTAL COST [(c) + G) + (k) + (n)] $ 144,138.28
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.
CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Consultant Earth Mechanics, Inc.
Project No. BR-NBIL(547) Contract La Quinta- Ave 50 Evac Channel; 2019-02 Date
2/8/2024
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$ 34,967.80 492 = $ 71.07 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated %
Avg Hourly Rate
Proposed Escalation
Year 1
$
71.07 +
5%
_ $
74.63 Year 2 Avg Hourly Rate
Year 2
$
74.63 +
5%
_ $
78.36 Year 3 Avg Hourly Rate
Year 3
$
78.36 +
5%
_ $
82.28 Year 4 Avg Hourly Rate
Year 4
$
82.28 +
5%
_ $
86.39 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Cost per Year
Year 1
20.00%
492.0
= 98.4
Estimated Hours Year 1
Year 2
35.00%
492.0
= 172.2
Estimated Hours Year 2
Year 3
40.00%
492.0
= 196.8
Estimated Hours Year 3
Year 4
0.00%
492.0
= 0.0
Estimated Hours Year 4
Year 5
5.00%
492.0
= 24.6
Estimated Hours Year 5
Total
100%
Total
= 492.0
1,331.35 Estimated Hours Year 5
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$
71.07 98
= $
6,993.56 Estimated Hours Year 1
Year 2
$
74.63 172
= $
12,850.67 Estimated Hours Year 2
Year 3
$
78.36 197
= $
15,420.80 Estimated Hours Year 3
Year 4
$
82.28 0
= $
- Estimated Hours Year 4
Year 5
$
54.12 25
= $
1,331.35 Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $
36,596.38
Direct Labor Subtotal before Escalation
= $
34,967.80
Estimated total of Direct Labor Salary Increase
= $
1,628.58 Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
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 Proceedures
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 or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Alahesh Thurairajah, PE, GE, BC.GE
Signature:
Email: A.Thurairaiah@earthmech.com
Address: 765 North Main Street. Suite 136. Corona. CA 92880
Title *: Principal
Date of Certification: 2/8/2024
Phone number:
(951)333-3648
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 providing under the proposed contract:
541330 - Geotechnical Engineering
541380 - Laboratory Testing
COST PROPOSAL 1 Page 1 of 3
ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant X
Consultant Fehr & Peers
Project No. Avenue 50 Evacuation Channel Crossing Contract No.
n1RrrT ICRnR
Cost Proposal 1
2nd Tier Subconsultant
Date Updated 8/7/2023
Classification/Title
Name
Hours
Actual Hourly Rate Total
Principal
Jason Pack, P.E.
8
$ 105.77 $846.16
Principal
Claude Strayer, P.E.
80
$ 73.56 $5,884.80
Sr. Associate
Paul Herrmann, P.E.
20
$ 65.38 $1,307.60
Sr. Engineer
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $40,866.39
32
$ 48.08 $1,538.56
Sr. Engineer
1
192
$ 45.67 $8,768.64
Engineer/Planner
24
$ 39.90 $957.60
Project Coordinator
$0.00
45
$ 50.48 $2,271.60
Graphics Support/GIS
4
$ 37.50 $150.00
0
$ - $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
0
$ $0.00
LABOR COSTS
Quantity
a) Subtotal Direct Labor Costs
$21,724.96
b) Anticipated Salary Increases (see page 2 for calculation)
$543.12
0
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $22,268.08
INDIRECT COSTS
$0.00
d) Fringe Benefits (Rate: 62.39%
) e) Total Fringe Benefits [(c) x (d)] $13,893.06
f) Overhead (Rate: 121.13%
) g) Overhead [(c) x (f)] $26,973.33
h) General and Administrative (Rate:
) i) Gen & Admin [(c) x (h)] $0.00
2
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $40,866.39
q) FIXED FEE 10.00%
k) TOTAL FIXED FEE [(c) + (j)] x (q)] $6,313.45
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
1
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage - Current IRS Rate
0
miles
$0.66
$0.00
Traffic Counts
1
intersections
$400.00
$400.00
Traffic Counts
2
segments
$200.00
$400.00
RIVCOM Model Application
1
data purchase
$500.00
$500.00
$0.00
1) TOTAL OTHER DIRECT COSTS $1,300.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
m) TOTAL SUBCONSULTANTS'COSTS $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I)+(m)]
TOTAL COST [(c) + (j) + (k) + (n)]
January 2018
$1,300.00
$70,747.92
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.
Local Assistance Procedures Manual
Cost Proposal 1
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
COST PROPOSAL 1 Page 2 of 3
Total Hours
Total Hours
ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
Completed Each Year
per Cost Proposal
per Year
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Year 1
50.00% *
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
= 202.5
Estimated Hours Year 1
Direct Labor Subtotal
Total Hours
Avg Hourly
5 Year Contract
per Cost Proposal
per Cost Proposal
Rate
Duration
$21,724.96
405 =
$53.64
Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
= 0.0
Estimated Hours Year 4
Avg Hourly Rate
Proposed Escalation
405.0
= 0.0
Year 1 $53.64
+ 5.0% _
$56.32
Year 2 Avg Hourly Rate
Year 2 $56.32
+ 3.0% _
$58.01
Year 3 Avg Hourly Rate
Year 3 $58.01
+ 3.0% _
$59.75
Year 4 Avg Hourly Rate
Year 4 $59.75
+ 3.0% _
$61.55
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
Year 1
50.00% *
405.0
= 202.5
Estimated Hours Year 1
Year 2
50.00% *
405.0
= 202.5
Estimated Hours Year 2
Year 3
0.00% *
405.0
= 0.0
Estimated Hours Year 3
Year 4
0.00% *
405.0
= 0.0
Estimated Hours Year 4
Year 5
0.00% *
405.0
= 0.0
Estimated Hours Year 5
Tota 1
100%
Tota 1
= 405.0
Estimated Hours Year 5
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2018
Avg Hourly Rate
Estimated hours
Cost per Year
(calculated above)
(calculated above)
Year 1
$53.64
* 202.5
= $10,862.48
Estimated Hours Year 1
Year 2
$56.32
* 202.5
= $11,405.60
Estimated Hours Year 2
Year 3
$58.01
* 0.0
= $0.00
Estimated Hours Year 3
Year 4
$59.75
* 0.0
= $0.00
Estimated Hours Year 4
Year 5
$61.55
* 0.0
= $0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $22,268.08
Direct Labor Subtotal before Escalation
= $21,724.96
Estimated total of Direct Labor Salary Increase
= $543.12
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2018
Cost Proposal 1
Cost Proposal 1 Page 3 of 3
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:
Signature
Email
Lysa Wollard Title *: CFO
Date of Certification (mm/dd/yyyy):
I.wollard@fehrandpeers.com Phone Number:
Address: 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596
925.977.3216
02.02.2024
*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 providing under the proposed contract:
Traffic Engineering and transportation planning. Specifically, development of the following deliverables in support of the porject: (1) VMT Assessment, (2)
Transportation Study, (3) Lighting Calculation and Concept Design, (4) Signing & Striping Design, (5) Street Lighting Design, (6) Traffic Signal Design (Optional), (7)
Traffic Signal Interconnect (Optional), and (8) Design Support During Construction.
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
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 0 Subconsultant ❑ 2nd Tier Subconsultant
Consultant GPA Consulting
Project No. Avenue 50 Bridge, La Quinta Contract No. Date 2/13/2024
DIRECT LABOR
Classification/Title
Name
Hours
Actual Hourly Rate
Total
Principal Environmental Planner
Erinn Silva
78
$86.54
$6,750.12
Senior Associate Environmental Plannei
Ryan Todaro
6
$86.54
$519.24
Senior Environmental Planner
Marya Samuelson
238
$60.10
$14,303.80
Environmental Planner
Savannah Marburger
330
$32.69
$10,787.70
Environmental Planner
Alyssa "Riley" Vera
90
$32.69
$2,942.10
Senior Associate Biologist
Marieka Schrader
44
$74.52
$3,278.88
Senior Associate Biologist
Jennifer Johnson
108
$62.50
$6,750.00
Senior Biologist
Manjunath Venkat
76
$55.53
$4,220.28
Associate Biologist
VictoriaMasjuan
278
$36.35
$10,105.30
Associate Biologist
Lizbeth Pliego Guzman
296
$31.50
$9,324.00
Senior Associate Architectural Historian
Jenna Kachour
12
$62.50
$750.00
Senior Architectural Historian
Amanda Duane
34
$51.44
$1,748.96
Associate Architectural Historian
Audrey von Ahrens
2
$42.31
$84.62
Associate Architectural Historian
Emma Haggerty
4
$42.09
$168.36
Senior GIS Analyst
Martin Rose
102
$54.47
$5,555.94
Environmental Planner
Monica Carvalheira
314
$28.85
$9,058.90
Environmental Planner
Kayla Fon
20
$28.85
$577.00
LABOR COSTS
a) Subtotal Direct Labor Costs $86,925.20
b) Anticipated Salary Increases (see page 2 for calculation) $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $86,925.20
INDIRECT COSTS
d) Fringe Benefits (Rat 51.39% e) Total Fringe Benefits [(c) x (d)] $44,673.82
f) Overhead (Rate: 51.85% g) Overhead [(c) x (f)] $45,073.15
h) General and Administrative (Rate: 74.14% i) Gen & Admin [(c) x (h)] $64,450.17
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $154,197.13
FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee 10% ] $24,112.23
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Unit(s) Unit Cost Total
Mileage Costs 2140 mile 0.655 $1,401.70
Copies/Reproduction 4 ea $15.00 $60.00
1) TOTAL OTHER DIRECT COSTS $1,461.70
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)
Subconsultant 1: Ambient $135,554.81
Subconsultant 2: Duke CRM $25,007.09
Subconsultant 3: Crawford & Associates $20,831.12
m) TOTAL SUBCONSULTANT'S COSTS $181,393.02
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $182,854.72
TOTAL COST [(c) + 0) + (k) + (n)] $448,089.29
NOTES:
1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markedwith 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 theconsultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
3.Anticipated salary increases calculation (page 2) must accompany.
January 2020
Local Assistance Procedures Manual Exhibit 10-H1
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
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)
Direct Labor Subtotal
Total Hours
Avg Hourly
5 Year Contract
per Cost Proposal
per Cost Proposal
Rate
Duration
$86,925.20
1698
= 51.19269729
Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Avg Hourly
Proposed Escalation
Total Hours
Year 1
$51.19 * 1698
Rate
per Cost Proposal
per Year
$56.44 * 0
Year 1
$51.19 +
5.0% _
$53.75
' Year 2 Avg Hourly Rate
Year 2
$53.75 +
5.0% _
$56.44
Year 3 Avg Hourly Rate
Year 3
$56.44 +
5.0% _
$59.26
Year 4 Avg Hourly Rate
Year 4
$59.26 +
5.0% _
$62.23
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Year 1
$51.19 * 1698
Completed Each Year
per Cost Proposal
per Year
$56.44 * 0
Year 1
100.00% *
1698.0
= 1698.0
Estimated Hours Year 1
Year 2
0.00% *
1698.0
= 0.0
Estimated Hours Year 2
Year 3
0.00% *
1698.0
= 0.0
Estimated Hours Year 3
Year 4
0.00% *
1698.0
= 0.0
Estimated Hours Year 4
Year 5
0.00% *
1698.0
= 0.0
Estimated Hours Year 5
Total
100%
Total
= 1698.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Cost per Year
Avg Hourly Rate Estimated hours
= 86925.2
(calculated above) (calculated above)
Year 1
$51.19 * 1698
Year 2
$53.75 * 0
Year 3
$56.44 * 0
Year 4
$59.26 * 0
Year 5
$62.23 * 0
I
_ $86,925.20
Total Direct Labor Cost with Escalation
_ $0.00
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary
Cost per Year
= 86925.2
Estimated Hours Year 1
_ $0.00
Estimated Hours Year 2
_ $0.00
Estimated Hours Year 3
_ $0.00
Estimated Hours Year 4
_ $0.00
Estimated Hours Year 5
_ $86,925.20
_ $86,925.20
_ $0.00
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2020
Local Assistance Procedures Manual
Certification of Direct Costs
Exhibit 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
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 ofEngineering
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: Richard Galvin Title *: Vice President
Signature :� - — . Date of Certification (mm/dd/yyyy; 2/13/2024
Email: richard(agpaconsultin,g-us.com Phone Number: (310) 792-2690
Address: 840 Apollo Street, Suite 312, El Segundo, CA 90245
*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 providing under the proposed contract:
Environmental Consulting Services.
LPP 15-01 January 2020
Local Assistance Procedures Manual
Exhibit 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed 1:1 Prime Consultant 11 Subconsultant o 2nd Tier Subconsultant
Consultant AMBIENT Air Quality & Noise Consi
Project No. Contract No. Date 3/11/2024
DIRECT LABOR
Classification/Title
Name
Hours
Actual Hourly Rate
Total
PRINCIPAL
KURT LEGLEITER
290
$90.00
$26,100.00
SPECIALIST
JON PAMBAKIAN
990
$37.39
$37,019.23
ANALYST
DYLAN MICK
413
$24.04
$9,927.88
$0.00
$0.00
$0.00
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
d) Fringe Benefits
f) Overhead
h) General and Administrative
FIXED FEE
$73,047.12
$0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $73,047.12
(Rate 41.30% e) Total Fringe Benefits [(c) x (d)] $30,168.46
(Rate: 0.00% g) Overhead [(c) x (f)] $0.00
(Rate: 24.74% i) Gen & Admin [(c) x (h)] $18,071.86
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $48,240.32
k) TOTAL FIXED FEE [(c) + 0)] x fixed fee
10% ]
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
$12,128.74
Description of Item Quantity
Unit(s)
Unit Cost
Total
Mileage Costs 1302.45
mile
$0.67
$872.64
Meals & Incidentals 6
days
$69.00
$414.00
Lodging 6
nights
$142.00
$852.00
$0.00
*CDCs to be billed based on Federal per diem rates.
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)
Subconsultant 1:
1) TOTAL OTHER DIRECT COSTS $2,138.64
m) TOTAL SUBCONSULTANT'S COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)]
TOTAL COST [(c) + 0) + (k) + (n)]
$0.00
$0.00
$2,138.64
$135,554.81
NOTES:
LKey personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markedwith 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 theconsultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
3.Anticipated salary increases calculation (page 2) must accompany.
January 2020
Local Assistance Procedures Manual Exhibit 10-H1
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
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)
Direct Labor Subtotal
Total Hours
Avg Hourly
5 Year Contract
per Cost Proposal
per Cost Proposal
Rate
Duration
$73,047.12
1693
= 43.14655368
Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %
Avg Hourly Proposed Escalation
Rate
Year 1 $43.15 + 5.0% _ $45.30 Year 2 Avg Hourly Rate
Year 2 $45.30 + 5.0% _ $47.57Year 3 Avg Hourly Rate
Year 3 $47.57 + 5.0% _ $49.95 1Year 4 Avg Hourly Rate
Year 4 $49.95 +
5.0%
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
$52.44 Year 5 Avg Hourly Rate
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
(calculated above) (calculated above)
Year 1
100.00% *
1693.0
= 1693.0
Estimated Hours Year 1
Year 2
0.00% *
1693.0
= 0.0Estimated
Hours Year 2
Year 3
0.00% *
1693.0
= 0.0
Estimated Hours Year 3
Year 4
0.00% *
1693.0
= 0.0
Estimated Hours Year 4
Year 5
0.00% *
1693.0
= 0.0
Estimated Hours Year 5
Total
100%
Total
= 1693.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2020
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$43.15 * 1693
= 73047.11538
Estimated Hours Year 1
Year 2
$45.30 * 0
= $0.00
Estimated Hours Year 2
Year 3
$47.57 * 0
= $0.00
Estimated Hours Year 3
Year 4
$49.95 * 0
= $0.00
Estimated Hours Year 4
Year 5
$52.44 * 0
= $0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $73,047.12
Direct Labor Subtotal before Escalation
= $73,047.12
Estimated total of Direct Labor Salary
= $0.00
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2020
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
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 ofEngineering
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
Signature :
Kurt Legleiter Title *: Principal
Email: kurt(a).ambient.consulting
Date of Certification (mm/dd/yyyy; 3/11/2024
Phone Number: 805.226.2727
Address: 75 Higuera Street, Suite 105, San Luis Obispo, CA 93401
*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 providing under the proposed contract:
Air Quality Study Report, Air Quality Conformity Assessment, Noise Study Report
LPP 15-01 January 2020
Local Assistance Procedures Manual
1W/:11-3III fiIII: I
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed
Consultant Crawford & Associates, Inc.
Project No.
❑ Prime Consultant
❑Subconsultant
x❑
2nd Tier Subconsultant
Contract No.
Total
Principal *
Date 7/24/2023
Project Name Low Water Crossing Replacement Bridge - La Quinta
DIRECT LABOR
Classification/Title
Name
Hours
Actual Hourly Rate
$
Total
Principal *
Benjamin Crawford
6.0
$70.30
$
421.80
Senior Project Manager *
Chris Trumbull
0.0
$72.50
$
-
Senior Project Manager*
Eric Nichols
4.0
$59.09
$
236.36
Project Manager II
TBD
0.0
$54.85
$
-
Project Manager I
TBD
0.0
$52.88
$
-
Senior Geologist
TBD
47.0
$46.43
$
2,182.21
Senior Engineer
TBD
0.0
$46.43
$
-
Project Engineer 11
TBD
0.0
$42.00
$
-
Project Engineer I
TBD
34.0
$37.50
$
1,275.00
Staff Engineer
TBD
1.0
$32.88
$
32.88
Administrative Assistant
TBD
4.0
$29.75
$
119.00
96
LABOR COSTS
Quantity
Unit
a) Subtotal Direct Labor Costs
$
4,267.25
b) Anticipated Salary Increases (see page 2 for calculation)
$0.00
150
c) TOTAL DIRECT LABOR COSTS
[(a) + (b)] $ 4,267.25
INDIRECT COSTS
$
98.25
d) Fringe Benefits
Rate: 93.29% e) Total Fringe Benefits [(c) x (d)] $
3,980.92
f) Overhead
Rate: 116.79% g) Overhead [(c) x (f)] $
4,983.72
h) General & Administrative
Rate: 20.00% i) Gen & Admin [(c) x (h)] $
853.45
Combined ICR %: 230.08%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 9,818.09
FIXED FEE k) TOTAL FIXED FEE [(c) + Q)] x fixed fee 10% ] $ 1,408.53
I CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE Add additional Daaes if necessary)
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage IRS Rate
150
Mile
$
0.655
$
98.25
ERIS Aerials, Records, To os
1
At Cost
$
575.00
$
575.00
Per Diem
2
Da
$
182.00
$
364.00
Travel Expenses Air fare, car, shipping)
1
At Cost
$
1,600.00
$
1,600.00
Hand Au er
1
Da
$
200.00
$
200.00
Laboratory Testing
1
-Lump Sum
$
2,500.00
$
2,500.00
$ 5,337.25
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)
Subconsultant 1:
Subconsultant 2: $ -
m) TOTAL SUBCONSULTANT'S COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $ 5,337.25
TOTAL COST [(c) + Q) + (k) + (n)] $ 20,831.12
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailinq waqe 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 accountinq period and established by a coqnizant agencv or accepted by Caltrans.
3. Anticipated salary calculation (paqe 2) must accompany.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1 st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$4,267.25 96 = 44.45 Year 1 Avg Hourly
Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %
Avg Hourly Rate
Proposed Escalation
Total Hours
Year 1 $44.45 +
5.0% _
$46.67
Year 2 Avg Hourly Rai
Year 2 $46.67 +
5.0% _
$49.01
Year 3 Avg Hourly Rai
Year 3 $49.01 +
5.0% _
$51.46
Year 4 Avg Hourly Rai
Year 4 $51.46 +
5.0% _
$54.03
Year 5 Avg Hourly Rai
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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 years = $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 qranted.
4. Calculations for anticipated salary escalation must be provided.
Estimated % Total Hours
Total Hours
Completed Each Year per Cost Proposal
per Year
Year 1
100% * 96
= 96.00
Estimated Hours Year
Year 2
0% * 96
= 0.00
Estimated Hours Year
Year 3
0% * 96
= 0.00
Estimated Hours Year
Year
0% * 96
= 0.00
Estimated Hours Year
Year 5
0% * 96
= 0.00
Estimated Hours Year
Total
100% Total
= 96.00
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of ho
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$44.45 96
= 4267.25
Estimated Hours Year
Year 2
$46.67 0
= $0.00
Estimated Hours Year
Year 3
$49.01 0
= $0.00
Estimated Hours Year
Year
$51.46 * 0
= $0.00
Estimated Hours Year
Year 5
$54.03 * 0
= $0.00
Estimated Hours Year
Total Direct Labor Cost with Escalation
= $4,267.25
Direct Labor Subtotal before Escalation
= $4,267.25
Estimated total of Direct Labor Salary Increase
= $0.00
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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 years = $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 qranted.
4. Calculations for anticipated salary escalation must be provided.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-1-11 COST PROPOSAL Page 3 of 3
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
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 noncomDliant with the federal and state reauirements are not eliaible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted In
direct Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Benjamin D. Crawford
Signature
Title *: President
Date of Certification: 7/24/2023
Email: ben.crawfordCcDcrawford-inc.com Phone Number: (916) 455-4225
Address: Crawford & Associates. Inc.. 4701 FreeDort Blvd.. Sacramento. CA 95822
*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 providing under the proposed contract:
ENVIRONMENTAL SERVICES
Local Assistance Procedures Manual
Exhibit 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed 11 Prime Consultant o Subconsultant 13 2nd Tier Subconsultant
Consultant Duke Cultural Resources Managem
Project No. Contract No.
DIRECT LABOR
Date
Classification/Title
Name
Hours
Actual Hourly Rate
Total
Principal Archaeologist
Curt Duke
17
$80.00
$1,360.00
rincipal Investigator - Archaeologist/GI
Brian Glenn
33.5
$48.00
$1,608.00
Principal Paleontologist
Brian Kussman
42
$43.00
$1,806.00
Paleontologist
Adrian Garibay
7
$22.00
$154.00
GIS Specialist
Michelle Dominguez
11.5
$22.00
$253.00
Archaeologist
Morgan Beigle
64
$36.00
$2,304.00
Archaeologist
Alexandria Bulato
17
$31.00
$527.00
Archaeologist
Lauren Biltonen
11
$25.00
$275.00
Administrative Assistant
Shawn Steinhardt
2
$44.72
$89.44
$0.00
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
INDIRECT COSTS
d) Fringe Benefits
f) Overhead
h) General and Administrative
$8,376.44
$0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $8,376.44
(Rate 41.21% e) Total Fringe Benefits [(c) x (d)] $3,451.93
(Rate: 0.00% g) Overhead [(c) x (f)] $0.00
(Rate: 115.15% i) Gen & Admin [(c) x (h)] $9,645.47
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
10% ]
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
$13,097.40
$2,147.38
Description of Item
Quantity
Unit(s)
Unit Cost
Total
Mileage Costs
360
mile
0.655
$235.87
Cultural Records Search - Eastern Information Center (UCR)
1
$750.00
$750.00
Paleontological Record Search - Western Science Center
1
$250.00
$250.00
NA Monitor Letter Postage
I 1
1
1 $150.00
1 $150.00
1) TOTAL OTHER DIRECT COSTS $1,385.87
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)
Subconsultant 1: $0.00
m) TOTAL SUBCONSULTANT'S COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $1,385.87
TOTAL COST [(c) + 0) + (k) + (n)] $25,007.09
NOTES:
l.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markedwith 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 theconsultant's annual
accounting period and established by a cognizant agency or accepted by Caltrans.
January 2020
Local Assistance Procedures Manual
3.Anticipated salary increases calculation (page 2) must accompany.
Exhibit 10-H1
January 2020
Local Assistance Procedures Manual Exhibit 10-H1
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
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)
Direct Labor Subtotal
Total Hours
Avg Hourly
5 Year Contract
per Cost Proposal
per Cost Proposal
Rate
Duration
$8,376.44
205
= 40.86068293
Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalatioi
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Avg Hourly
Proposed Escalation
Total Hours
Rate
per Cost Proposal
per Year
(calculated above) (calculated above)
Year 1
$40.86 +
5.0% _
$42.90
Year 2 Avg Hourly Rate
Year 2
$42.90 +
5.0% _
$45.05
Year 3 Avg Hourly Rate
Year 3
$45.05 +
5.0% _
$47.30
Estimated Hours Year 3
Year 4 Avg Hourly Rate
Year 4
$47.30 +
5.0% _
$49.67
Year 5
I Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %
Total Hours
Total Hours
Completed Each Year
per Cost Proposal
per Year
(calculated above) (calculated above)
Year 1
100.00% *
205.0
= 205.0
Estimated Hours Year 1
Year 2
0.00% *
205.0
= 0.0
Estimated Hours Year 2
Year 3
0.00% *
205.0
= 0.0
Estimated Hours Year 3
Year 4
0.00% *
205.0
= 0.0
Estimated Hours Year 4
Year 5
0.00% *
205.0
= 0.0
Estimated Hours Year 5
Total
100%
Total
= 205.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2020
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$40.86 * 205 =
8376.44
Estimated Hours Year 1
Year 2
$42.90 * 0 =
$0.00
Estimated Hours Year 2
Year 3
$45.05 * 0 =
$0.00
Estimated Hours Year 3
Year 4
$47.30 * 0 =
$0.00
Estimated Hours Year 4
Year 5
$49.67 * I 0 =
$0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
$8,376.44
Direct Labor Subtotal before Escalation =
$8,376.44
Estimated total of Direct Labor Salary
=
Increase
$0.00
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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.
January 2020
Local Assistance Procedures Manual
EXHIBIT 10-111 COST PROPOSAL Page 3 of 3
Certification of Direct Costs
Exhibit 10-H1
Cost Proposal
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 ofEnginccring
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: Curt Duke
Signature
Title *
President
Date of Certification (mm/dd/yyyy 3/4/2024
Email: curt(aMukeam.com Phone Number:
Address: 18 Technology Drive, Suite 103, Irvine CA 92618
949-356-6660
*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 providing under the proposed contract:
and paleontological resource services.
LPP 15-01 January 2020
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Monument ROW
Project No.
DIRECT LABOR
EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
- ❑ Prime Consultant X❑ Subconsultant 2nd Tier Subconsultant
Contract No.
Date 2/13/2024
Classification/Title Name
Hours Actual Hourly Rate
Total
RAV Project Manager Kim Bibolet
69 $ 82.73
$ 5,708.37
R/W Agent / Analyst Alex Flores
196 $ 36.06
$ 7,067.76
Project Support Specialist Tiffany McCloud
110 $ 31.25
$ 3,437.50
Fee Appraisal (3) - Santolucito Dore
each
$
18,000.00
Appraisal Review (3) - Vaughn Hossman
each
$
8,250.00
$
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculations)
Total: 375.0
$ 16,213.63
$ 16,213.63
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 17,002.26
INDIRECT COSTS
d) Fringe Benefits Rate: 43.92% e) Total fringe benefits [(c) x (d)] $ 7,468.59
Overhead Rate: 72.20% g) Overhead [(c) x (f)] $ 12,276.28
h) General and Administrative Rate: 0.00% i) Gen & Admin [(c) x (h)]
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 19,744.88
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 3,674.71
11 C ONSI11,TANT'S (OTHER DIRECT COSTS tODC - ITEMIZE tAdd additional naves if necessarvl
Description of Item
Quantity Unit
Unit Cost
Total
Mileage Costs
mile
$
1,200.00
Express Mails / Deliveries (at cost) / Copies
each
$
200.00
Fee Appraisal (3) - Santolucito Dore
each
$
18,000.00
Appraisal Review (3) - Vaughn Hossman
each
$
8,250.00
$
1) TOTAL OTHER DIRECT COSTS $ 27,650.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: $
m) SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 27,650.00
TOTAL COST [(c) + (j) + (k) +(n)] $ 68,071.85
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 accept by Caltrans.
3. Anticipated salary increases calculations (page 2) must accompany.
Page 1 of 9
January 2018
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (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)
Direct
Total Hours per
Avg
5 Year
Labor Subtotal per
Cost Proposal
Hourly
Contract
Cost Proposal
Rate
Duration
$16,213.63 / 375.0 -
$43.24
Year 1 Avg
+ 4.0% -
$46.76
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %)
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Avg Hourly Rate
Proposed Escalation
Total Hours per
_ $3,242.73
Year 1
$43.24
+ 4.0% -
$44.97
Year 2 Avg Hourly Rate
Year 2
$44.97
+ 4.0% -
$46.76
Year 3 Avg Hourly Rate
Year 3
$46.76
+ 4.0% _
$48.64
Year 4 Avg Hourly Rate
Year 4
$48.64
+ 4.0% _
$50.58
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
Year 1 $ 43.24 * 75.0
Year 2 $ 44.97 * 150.0
Year 3 $ 46.76 * 150.0
Year 4 $ 48.64 * 0.0
Year 5 $ 50.58 * 0.0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost per
Estimated % Completed
Total Hours per Cost
Total Hours per
_ $3,242.73
Estimated Hours Year I
Each Year
Proposal
Year
Estimated Hours Year 3
Year 1
20% *
375.0 =
75.0
Estimated Hours Year 1
Year 2
40% *
375.0 =
150.0
Estimated Hours Year 2
Year 3
40% *
375.0 =
150.0
Estimated Hours Year 3
Year 4
*
375.0 =
0.0
Estimated Hours Year 4
Year 5
*
375.0 =
0.0
Estimated Hours Year 5
Total
100%
Total =
375.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
Year 1 $ 43.24 * 75.0
Year 2 $ 44.97 * 150.0
Year 3 $ 46.76 * 150.0
Year 4 $ 48.64 * 0.0
Year 5 $ 50.58 * 0.0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost per
Year
_ $3,242.73
Estimated Hours Year I
_ $6,744.87
Estimated Hours Year 2
_ $7,014.66
Estimated Hours Year 3
_ $0.00
Estimated Hours Year 4
_ $0.00
Estimated Hours Year 5
_ $17,002.26
_ $16,213.63
_ $788.63
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will 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 9
January 2018
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
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 Services
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 Suconsultant Certifying:
Name: Joev Mendoza
Signature: -
Email: imen ozaPmonumentrow.com
Title*: Vice President
Date of Certification (mm/dd/yyyy): 2/13/2024
Phone Number: 949.378.0687
Address: 200 Spectrum Center, Suite 300, Irvine, CA 92618
*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 ine consultant is proviainq unaer anis proi3osea contract:
Right of Way and Utility Coordination Services
Page 3 of 9
January 2018
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto
and incorporated herein by this reference.
Exhibit C
Page 1 of 1
MARK
THOMAS
Avenue 50 BRIDGE PROJECT
Environmental, Preliminary Engineering, PS&E and Right of Way Services cill
- CALIFORNIA -
ID
Task Name
PHASE I - PROJECT APPROVAL & ENVIRO DOCUMENTS
Kick off Meeting
PreliminaryEngineering
g g
Task 2 - Surveying
Permits/Permit(s) to Enter
Record Research/Site Visit
Survey Request
Surveying and Monuments & Right of Way
Base Mapping Submitted
Task 3 - Utility Coordination
Utility 'A' Letters
Utility Mapping
Utility Prior Rights Identification
Task 4 - Preliminary Geotechnical Analysis
Task 5 - Hydraulic Analysis
Preliminary Hydraulic Analysis
Hydraulics, Scour, Bridge Hydraulics Report
City Review/CVWD Review
Finalize Report/CVWD Review & Approval
Task 6 Environmental Approval CE NEPA
pP QA/
PES Form
Caltrans Field Review Meeting
Technical Studies
Cultural Resources
NES
Air Quality/GHG Technical Memorandum
Initial Site Assessment (Phase I & Phase II)
Noise & Groundborne Vibration Tech Memo
Abbreviated Visual Impact Assessment
Water Quality Assessment Report
Approved Technical Studies
Draft IS
Final IS/CE
CEQA/NEPA Approval
Approved Environmental Document
Task 7 - Geometric Approval Drawings 35% Design
Prepare Preliminary Geometrics & Reviews
City Review
Respond to Comments
Update Geometrics based on Hydraulic Report
Approved Geometrics
VMT Assessment
VMT Assessment
Structure Type Selection Report
Prepare Draft TSR
Duration
450 days
0 days
450 days
Y
60 days
20 days
15 days
15 days
40 days
0 days
120 days
35 days
10 days
40 days
50 days
195 days
40 days
35 days
30 days
90 days
450 days
Y/
115 days
0 days
100 days
90 days
60 days
90 days
90 days
90 days
60 days
60 days
0 days
155 days
60 days
50 days
0 days
200 days
45 days
10 days
10 days
10 days
0 days
40 days
40 days
135 days
40 days
Start
Mon 4/1/24
Mon 4/1/24
Mon 4/1/24
Mon 4/15/24
Mon 4/15/24
Mon 4/15/24
Mon 5/13/24
Mon 5/13/24
Fri 7/5/24
Mon 4/1/24
Mon 4/1/24
Mon 7/8/24
Mon 7/22/24
Mon 7/22/24
Mon 5/13/24
Mon 5/13/24
Mon 7/8/24
Mon 8/26/24
Mon 10/7/24
Mon 4/1/24
Mon 4/1/24
Fri 10/4/24
Mon 9/9/24
Mon 9/23/24
Mon 9/9/24
Mon 9/9/24
Mon 9/9/24
Mon 9/9/24
Mon 9/9/24
Mon 9/30/24
Fri 2/7/25
Mon 12/16/24
Mon 7/21/25
Mon 10/13/25
Fri 12/19/25
Mon 7/22/24
Mon 7/22/24
Mon 9/23/24
Mon 10/7/24
Mon 10/7/24
Fri 10/18/24
Mon 9/23/24
Mon 9/23/24
Mon 10/21/24
Mon 10/21/24
Finish
Fri 12/19/25
Mon 4/1/24
Fri 12/19/25
Fri 7/5/24
Fri 5/10/24
Fri 5/3/24
Fri 5/31/24
Fri 7/5/24
Fri 7/5/24
Fri 9/13/24
Fri 5/17/24
Fri 7/19/14
Fri 9/13/24
Fri 9/27/24
Fri 2/7/25
Fri 7/5/24
Fri 8/23/24
Fri 10/4/24
Fri 2/7/25
Fri 12 19 25
/
Fri 9/6/24
Fri 10/4/24
Fri 1/24/25
Fri 1/24/25
Fri 11/29/24
Fri 1/10/25
Fri 1/10/25
Fri 1/10/25
Fri 11/29/24
Fri 12/20/24
Fri 2/7/25
Fri 7/18/25
Fri 10/10/25
Fri 12/19/25
Fri 12/19/25
Fri 4/25/25
Fri 9/20/24
Fri 10/4/24
Fri 10/18/24
Fri 10/18/24
Fri 10/18/24
Fri 11/15/24
Fri 11/15/24
Fri 4/25/25
Fri 12/13/24
Feb
2024
Mar Apr may Jun Jul
AugSep
Oct Nov Dec
2025
Jan Feb Mar I Apr I may jun jul AugSep Oct Nov Dec
2026
Jan Feb Mar Apr May Jun
Jul AugSep Oct Nov Dec
Jan
1
...........................
2
3
4
5
6
7
8
9
10
.............
11
12
13
14
19
20
21
22
23
24
25
29
30
31
36
39
40
41
42
43
44
45
52
57
62
63
64
65
66
67
68
69
70
71
Moo]
tt
72
" MARK
■ ■ THOMAS
Avenue 50 BRIDGE PROJECT
Environmental, Preliminary Engineering, PS&E and Right of Way Services c4a
-CALIFORNIA -
ID
Task Name
Duration
Start
Finish
2024
Feb Mar Apr Ma Jun
Jul AugSe Oct Nov Dec
2025
Jan Feb Mar Apr Ma Jun
Jul AugSep Oct Nov Dec
2026
Jan Feb Mar Apr Mav Jun
Jul AugSep Oct Nov Dec
Jan
73
City Review
Respond to Comments
Hold Type Selection Meeting
Caltrans Review
Respond to Comments
Caltrans Review/Approval
II - TASK 8 - PLANS SPECIFICATIONS AND ESTIMATES
Geotechnical Investigations
City/CVWD Coordination/Permits
Subsurface Exploration
Laboratory Testing
Geotechnical Analysis
Draft Foundation Report
Final Foundation Report
Regulatory Agency Permits
Prepare Draft Permits (401/404/1602)
City Review
Agency Review/Processing
Permits Approved
Plans, Specifications & Estimate
65% Plans & Estimate
Structure Design
Roadway Design
Estimate
QA/QC and Update
Submit 65% Plans and Estimate
City Review
90% PS&E
100% PS&E
Final PS&E
Approved PS&E
PHASE III - TASK 9 - RIGHT OF WAY
E-76 for Right of Way
Legals and Plats, Appraisals, Acquisition
CVWD Final Permit Approval Processing
Right of Way Certification
Approved Right of Way Certification
Utility Coordination / Conflict Resolution / Agreements
Utility Potholing
Utility Conflicting Mapping
ROI, NTO, UA Caltrans Review
Utility Relocation / Utility Agreements
PHASE IV TASK 30 -CONSTRUCTION BIDDING AND AWARD
PHASE V- CONSTRUCTION
20 days
10 days
5 days
20 days
10 days
20 days
465 days
Y
295 days
70 days
5 days
15 days
20 days
40 days
40 days
230 days
60 days
10 days
160 days
0 days
405 days
120 days
80 days
60 days
10 days
10 days
0 days
20 days
120 days
85 days
35 days
0 days
440 days
60 days
180 days
40 days
35 days
0 days
375 days
30 days
20 days
60 days
150 days
145 days
330 days
Mon 12116124
Mon 1113125
Mon 2110125
Mon 2117125
Mon 3117125
Mon 3/31/25
Mon 2 10 25
/ /
Mon 2/10/25
Mon 2/10/25
Mon 6/2/25
Mon 6/9/25
Mon 6/30/25
Mon 7/28/25
Mon 2/2/26
Mon 10/27/25
Mon 10/27/25
Mon 1/19/26
Mon 2/2/26
Fri 9/11/26
Mon 5/5/25
Mon 5/5/25
Mon 5/5/25
Mon 5/5/25
Mon 8/25/25
Mon 9/8/25
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Fri 11/20/26
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Fri 11/27/26
Mon 3/24/25
Mon 3/24/25
Mon 9/22/25
Mon 11/10/25
Mon 2/2/26
Mon 11/30/26
Mon 6/21/27
Fri 1110125
Fri 1/24/25
Fri 2114125
Fri 3114125
Fri 3128125
Fri 4/25/25
Fri 11 20 26
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Fri 3/27/26
Fri 5/16/25
Fri 6/6/25
Fri 6/27/25
Fri 7/25/25
Fri 9/19/25
Fri 3/27/26
Fri 9/11/26
Fri 1/16/26
Fri 1/30/26
Fri 9/11/26
Fri 9/11/26
Fri 11/20/26
Fri 10/17/25
Fri 8/22/25
Fri 7/25/25
Fri 9/5/25
Fri 9/19/25
Fri 9/19/25
Fri 10/17/25
Fri 6/5/26
Fri 10/2/26
Fri 11/20/26
Fri 11/20/26
Fri 11/27/26
Fri 1/30/26
Fri 10/9/26
Fri 7/31/26
Fri 11/27/26
Fri 11/27/26
Fri 8/28/26
Fri 5/2/25
Fri 10/17/25
Fri 1/30/26
Fri 8/28/26
Fri 6/18/27
Fri 9/22/28
Tom
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Exhibit D
Special Requirements
Exhibit 10-02 — DBE Commitment
Exhibit D
Page 1of1
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: City of La Quinta 2. Contract DBE Goal: 21%
3. Project Description: Design and Environmental for a new bridge to replace an existing low water crossing.
4. Project Location: Avenue 50 spanning the La Quinta Evac Channel from Washington St. to Park Ave.
5. Consultant's Name: Mark Thomas & Company, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $2,332,865
8. Total Dollar Amount for ALL Subconsultants: $822,967 9. Total Number of ALL Subconsultants: 5
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Geotechnical Engineering/Laboratory Testing
6956
Earth Mechanics, Inc.
17800 Newhope Street
$144,138
Fountain Valley, CA 92708 714 751-3826
Environmental Consulting Services
36278
GPA Consulting
840 Apollo Street, Suite 312
$448,089
EI Segundo, CA 90245 310 792-2690
ROW & Utility Coordination
46456
Monument ROW
8 Cobblestone Court, Suite 300
$68,072
La una Ni uel, CA 92677 800 577-0109
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$660,299
20. Local Agency Contract Number: 2019-02
21. Federal -Aid Project Number: BR-NBIL(547)
28.3%
22. Contract Execution Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless
Local Agency certifies that all DBE certifications are valid and
information on this form is complete and accurate.
of tier. Written confirmation of each listed DBE is required.
02/14/2024
15. Preparer's Signature 16. Date
23. Local Agency Representative's Signature 24. Date
Zach Siviglia (949) 477-9000
17. Preparer's Name 18. Phone
25. Local Agency Representative's Name 26. Phone
President
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract.
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
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.
INSTRUCTIONS — CONSULTANT CONTRACT 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 Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non -DBEs). Do not include the prime consultant information in this count.
10. 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.
11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. 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.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column.
%: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract
Award Amount"). 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).
15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. 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.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23, 2015
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 insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
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)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
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 term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability insurance with
limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to,
or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services
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 any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. 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 limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
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 include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting 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 features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
Exhibit E
Page 5 of 6
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 6of6
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of 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.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design
of public improvements, the Contracting Party shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting Party
fails to obtain such indemnity obligations from others as required herein, Contracting
Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2of2
City of La Qu i ntd BUSINESS SESSION ITEM NO.2
CITY COUNCIL MEETING: February 20, 2024
STAFF REPORT
AGENDA TITLE• APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MARK
THOMAS & COMPANY TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
AVENUE 50 BRIDGE PROJECT NO. 2019-02, LOCATED ON AVENUE 50 OVER THE LA
QUINTA EVACUATION CHANNEL.
RECOMMENDATION
Contingent upon Caltrans acceptance of the contract financial documents, approve agreement
for contract services with Mark Thomas & Company to provide professional engineering
services for Avenue 50 Bridge Project No. 2019-02; and authorize the City Manager to finalize
and execute the agreement.
EXECUTIVE ouivlMARV
• Avenue 50 Bridge Project (Project) (Attachment 1) will replace the existing low-water
crossing spanning the La Quinta Evacuation Channel (LQEC) at Avenue 50 with an all-
weather access bridge.
• Following a Request for Proposals (RFP), staff selected Mark Thomas & Company (Mark
Thomas) to provide professional engineering services for the Project. The total cost for
the agreement is $2,332,865 (Attachment 2).
• Approval of the Agreement for Contract Services (Agreement) will initiate the
engineering phase of the bridge improvement project including preparation of
environmental documentation, bridge and roadway engineering, and right-of-way
acquisition services.
FISCAL IMPACT
Funding for the Project was budgeted in the 2019/20 Capital Improvement Plan. Funds are
available for the environmental, right of way, and engineering design phases for the
Agreement. The Project includes cost sharing between Federal Highway Bridge Program
(HBP) funds, Coachella Valley Association of Governments (CVAG) funding, and local funds.
The estimated overall cost of the Project is $16,349,000. These costs are separated into the
following phases:
Phase
Estimated Cost
New Bride
Federal Funding Non -Participating
Caltrans-HBP Plus Local Share
Engineering/Design
$3,393,568
$1,520,000 $1,873,568
Right of Way
$1,505,000
$1,056,000 $449,000
Construction/Construction Engineering
$11,450,432
$8,640,000 $2,810,432
Total Costs:
$16,349,000
$11,216,000 $5,133,000
151
These costs include both participating (eligible for reimbursement), and non -participating
costs. Currently, the following cost shares are anticipated:
Caltrans-HBP Funding Share:
$11,216,000
City of La Quinta Funding Share:
$1,283,250
CVAG Funding Share:
$3,849,750
Total Cost:
$16,349,000
BACKGROUND/ANALYSIS
The Project will replace the existing low water crossing with an all-weather access bridge on
Avenue 50 at the LQEC. 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 replacing it
with a new bridge is the best way to ensure all weather access is maintained for the
community.
The proposed improvements will provide Coachella Valley motorists and pedestrians a safe
path of travel across the LQEC 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.
The City issued an RFP and received seven (7) proposals on August 23, 2023. The
Consultant Selection Committee interviewed four (4) firms and recommend Mark Thomas, in
the amount not to exceed $2,332,865. The total contract sum of the Agreement includes
optional tasks that may be deducted from the scope of work without additional cost incurred if
they are determined to be unnecessary. In order to expedite the preliminary engineering
phase, staff recommends approving this Agreement contingent upon Caltrans acceptance.
Since this project includes federal HBP funds, Caltrans Audit and Investigations must review
and approve this Agreement; staff anticipates that Caltrans will complete their review in 30
days.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Project Vicinity Map
2. Agreement for Contract Services with Mark Thomas & Company
152
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