HomeMy WebLinkAbout2026-31 Dokken Engineering, Inc - Bridge Preventative Maintenance Program Project 2023-33MEMORANDUM
1i 11 ORM
DATE: February 24, 2026
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Administrative Technician
RE: Agreement with Dokken Engineering BPMP Project No 2023-33
Please list the Contracting Party/ Vendor Name, any change orders or amendments, and the type of services to be provided. Make
sure to list any related Project No. and Project Name.
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Authority to execute this agreement is based upon:
Approved by City Council on January 20, 2026 - C13
City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
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):
Bid W] RFP ❑ RFQ ❑ 3 written informal bids
Sole Source ❑ Select Source ❑ Cooperative Procurement
Reauestina deaartment shall check and attach the items below as aaproariate:
Agreement payment will be charged to Account No.: 401-0000-60185-202333-D
Agreement term: Start Date January 20, 2026
Amount of Agreement, Amendment, Change Order, etc
End Date January 20, 2031
$ 612,426.35
Signing authorities listed above are applicable on the aggregate Agreement amount, not individual
Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Olivia Rodriguez; exp. 12/31/2026 Date: 2/25/2026
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
Business License No. 0773914-2026 Expires:
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 Dokken Engineering, a California Corporation, with a place of business
at San Diego, California ("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 Services related to Professional
Engineering Services for the Bridge Preventative Maintenance Program Plan Project (City
Project No. 2023-33), as specified in the "Scope of Services" attached hereto as "Exhibit
A_" and incorporated herein by this reference (the "Services"). 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
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.
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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.
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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
Six Hundred Twelve Thousand Four Hundred Twenty -Six Dollars and Thirty -Five
Cents ($ 612,426.35) (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
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
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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 15t" 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 and monitor compliance with prompt
payment requirements. The City must email a copy of Exhibit 9-P to
DBE.Forms(aD-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,
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.
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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 January
20, 2026, 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
January 20, 2031, 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.
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) Gabriel Hoxmeier, P.E.
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Tel No.: (858) 514-8377 / (541) 602-2960
E-mail: ghoxmeier@dokkenengineering.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 (TERS") 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
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
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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, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers 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.
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
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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
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
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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.
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
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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,
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
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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
under this Agreement. A temporary suspension may be issued concurrent with the notice
of termination provided for in this Section 8.0.
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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.
9.3 Covenants against Discrimination. The Contracting Party's signature
affixed herein and dated shall constitute a certification under penalty of perjury under the
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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.
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 -
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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.
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
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.
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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
cancellation, termination, or suspension of the Agreement, in whole or in part.
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);
- 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;
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- 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
2 of 2
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
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.
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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 maybe
awarded an Agreement containing public work elements unless registered with the
Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration
with DIR must be maintained throughout the entire term of this Agreement, including any
subsequent amendments. The Contracting Party shall comply with all of the applicable
provisions of the California Labor Code requiring the payment of prevailing wages. The
General Prevailing Wage Rate Determinations applicable to work under this Agreement
are available and on file with the Department of Transportation's Regional/District Labor
Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These
wage rates are made a specific part of this Agreement by reference pursuant to Labor
Code §1773.2 and will be applicable to work performed at a construction project site.
Prevailing wages will be applicable to all inspection work performed at City construction
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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
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.
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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
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.
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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
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
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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).
12.1 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:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated Damages; and/or
(4) Disqualifying the Contracting Party from future proposing as non -responsible.
12.2 Progress Payments. For projects awarded after March 1, 2020, but before
September 1, 2023: No later than the loth 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.
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For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.
Instead, by the 15t" 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.
12.3 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:
Dokken Engineering
Attention: Gabriel Hoxmeier, PE
1450 Frazee Road, Suite 100
San Diego, CA 92108
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.
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
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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.
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
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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, or judicial 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
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.
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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
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
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
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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
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
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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]
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N WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JO ILLEN City Manager
ity of La Quinta. California
Dated 1 %2112(p
ATTEST:
MONIKA RADEVA. C ity Cler
La Quinta, California
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'
Title
By'
Name.
Title
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 Qurnta, California
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
WILLIAM H IHRKE, City Attorney
City of La Quinta. California
SMA
CONTRACTING P
By:
Nam 7o4u ►n��E3
Title fye5ileni
By:
Name: a k
Title�
13
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 III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Addendum
Page 2 of 3
(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 1 of 1
Request for Proposals
Bridge Preventative Maintenance Program Plan w
City Project No. 2023-33
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT
Dokken Engineering's project management will include regular virtual meetings, in -person deliveries, presentation of work
products, development and monitoring of action items, monthly progress reports, work progress monitoring, budget
monitoring, coordination and communication. Monthly Project Delivery Team (PDT) meetings will be held with City staff and
other representatives, as necessary, to discuss work progress, decisions made, schedule and considerations for the City.
The Dokken Project Manager will work closely with the City Project Manager and continuously inform the City Project
Manager of all project activities. The duration of the project management effort is expected to be continuous through
completion of the job. Project management will include: leading, directing and monitoring the Dokken team; preparing for,
attending, and documenting team meetings and action items; preparing, coordinating, and maintaining a critical path method
schedule; preparing monthly progress reports, invoices and specific work completed; and miscellaneous coordination and
support.
Coordination — Close contact will be maintained between the Dokken Project Manager, all subconsultants, the City Project
Manager, project personnel, and regulatory agencies. The Dokken Project Manager will act as the principal liaison between
the City and staff at Dokken.
Communication — Effective communication through in -person visits, focused meetings, telephone calls and a -mails to the
City will be performed to discuss specific project issues by the Project Manager. Regular communication with team members,
the City and other agency personnel will be facilitated through the Dokken Project Manager.
Progress reports will be submitted monthly to the City. These reports will include the work performed during that period, a
discussion of issues/decisions, recommendations to address issues, budget status, and anticipated work for the following
month. The progress report will be submitted with the monthly invoice. Dokken's Project Manager is responsible for
maintaining cost control for each task, including our subconsultants.
Project Schedule - Dokken will provide and maintain a detailed Milestone Schedule for the bridge and a less detailed program
wide Microsoft Project Schedule. The Milestone Schedule is a simple one page schedule to assist in project communication
Dokken's Project Manager will closely monitor the schedules and discuss updates with the City Project Manager.
Task 1 Deliverables: Monthly Progress Report and Invoice; Meeting Agendas and Minutes; Action Item Lists; Project Schedule
TASK 2 DATA COLLECTION, FIELD REVIEW and BASE MAPPING
Task 2.1 Project Research
Dokken Engineering will research all information pertinent to the project including as -built plans and record drawings (for
bridges, slope lining, and grade control structures), bridge inspection reports, right-of-way and parcel data, and all future
improvement plans adjacent to or affecting the project site. Dokken Engineering will perform a site visit to validate project
research and determine the proposed work limits. Dokken Engineering will identify all existing and proposed facilities within
the project limits and potential conflicts. Dokken Engineering will schedule and attend the field review meeting with the
Structures Local Assistance if required.
Where work is limited to deck and roadway surface it is anticipated that work will be performed within the City or Caltrans
Right of Way. It is assumed that approximate parcel and Right of Way is sufficient. Where work or access is needed outside
the City or Caltrans Right of Way, boundary surveys will be performed per Task 3 of this scope.
Task 2.1 Deliverables: Atlas Maps, Field Review Notes
Task 2.2 Utility Coordination
Based on the work being performed, utility potholing and relocations are not expected. It is anticipated that Relocation Claim
Letter to Owners (Letter #2) and liability determination will not be necessary. Valve adjustments, if necessary, will be
coordinated with the utility owners in accordance with the LAPM Chapter 14.
Utility Base Mapping
Dokken will prepare a letter request for as-builts and facility mapping form each of the utility companies, for the City's review
and approval. Dokken will perform a field review of the project site to ascertain existing conditions compared to the as -built
drawings. Using available record drawings, information from the field reconnaissance and utility mark outs, Dokken will
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prepare a utility base map in CAD format identifying the existing utilities. Utilities will be shown on the project plans where
applicable.
Utility Impact Identification and No Conflicts Letter
Dokken Engineering will review the project improvements against the existing utility base mapping and identify potential
utility impacts. Dokken will develop an inventory of potential utility impacts, confirm utility rights with City records, and
prepare Utility Notice to Owners — No Conflict (Letter #3) for distribution to pertinent utility companies, if needed. Valve
adjustments, if necessary, will be coordinated with the utility owners in accordance with the LAPM Chapter 14.
Task 2.2 Deliverables: Utility Mapping Requests (Letter #1); Existing Utility Base Map; Utility Notice to Owners — No Conflict
(Letter #3) or Utility Notices in accordance with LAPM Chapter 14 as applicable
TASK 3 SURVEY
Based on the work being performed, topographic surveys (aerial or field shot), are not expected.
It is anticipated that an easement and/or temporary construction easement (TCE) is/are needed at bridge BR# 56C-0266 to
perform the necessary maintenance repairs. Survey will be limited to this bridge to support Right of Way and establishment
of easements.
Task 3.1 Project Survey Control
UNICO will request the preferred project datum from the City of La Quinta. It is assumed that UNICO will utilize the current
National Geodetic Survey (NGS) North American Datum (NAD83) and the North American Vertical Datum (NAVD88) as the
basis of the survey. UNICO will survey local control and will set durable project control points at the bridge location. The
bridge requiring right of way surveys is identified as Bridge Number 56CO266 along Washington Street.
Task 3.1 Deliverables: Control Report
Task 3.2 Right of Way Surveys and Mapping
The parcel requiring the easement or TCE is identified as Assessor's Parcel Number (APN) 604-640-005. UNICO will perform
field surveys of the parcels adjacent to the bridge site to search and tie record monuments, wells, pipes, pins and other
boundary related features to fully resolve the right of way and parcel boundary. UNICO will research record maps, records of
surveys, parcel maps, deeds, corner record cards and other boundary information to map the right of ways and parcel
boundary. Dokken Engineering will provide UNICO a current title report (per Task 8.3) of the parcel. UNICO will prepare base
mapping of all right of way lines and easements of record. All monuments that are found within the project footprint will be
mapped into the base file for future monument perpetuation that may be required during the construction phase.
Task 3.2 Deliverables: Right of Way Base Map
Task 3.3 Plats and Legal Descriptions
UNICO will work with City and design team to prepare plats and legal descriptions for easements and/or TCE. For this
proposal, UNICO will assume the preparation of up to two (2) total plats and legal descriptions as needed. UNICO will prepare
preliminary PDF copies of all plats and legal descriptions for review. Once approved, UNICO will provide final signed and
stamped PDF copies for recordation.
Task 3.3 Deliverables: Plats and Legal Descriptions (2 Total)
TASK 4 GEOTECHNICAL ANALYSIS
The work identified in the Bridge Preventive Maintenance Program Plan (BPMP Plan) is limited to structure repairs, overlay
and surface repairs and other maintenance activities. New concrete slope pavement will be an extension of the existing
concrete slope protection. Grades will be restored to the original design intent and concrete slope pavement will match
existing conditions. It is assumed that geotechnical analysis will not be required. Slope stability analysis, slope paving design
and new approach pavement and subsequent pavement analysis is not anticipated.
TASK 5 ENVIRONMENTAL APPROVAL
Task 5.1 Preliminary Environmental Study (PES)
Dokken will prepare a draft PES Form and will coordinate with Caltrans to set up a field review prior to approval of the PES
Forms. The PES Form will include an environmental study area map as well as an environmental constraints analysis to identify
key environmental impacts that could occur during construction. Once the draft PES Form is completed, it will be reviewed
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by the City and Caltrans. The PES form will outline the recommended federal environmental documentation, technical
studies, surveys, approvals, agency coordination, and permits required for the Project.
Task 5.1 Deliverables: Preliminary Environmental Study
TASK 5.2 Hazardous Material Surveys (OPTIONAL)
Dokken will assess each of the five bridge locations (the sites) within the City for hazardous materials.
TASK 5.2.1 Phase I Initial Site Assessment (ISA) (OPTIONAL)
Dokken Engineering will perform an Initial Site Assessment (ISA) will be to determine the potential presence of environmental
concerns and contaminated properties at the sites that may impact maintenance at each location.
The primary purpose of the ISA is to assess the sites for the potential presence of recognized environmental conditions (RECs)
(i.e., levels of hazardous substances and/or petroleum products warranting regulatory cleanup action) and the uses and
conditions at properties and facilities in the site vicinities with the potential to cause (or have caused) an REC at the sites. For
the purposes of this ISA, the "vicinity" of the sites is defined as properties/facilities within 1 8 mile of the sites. The ISA will
be performed in general accordance with the ASTM International (ASTM) Designation E 1527-21 Standard Practice for
Environmental Site Assessments: Phase 1 Environmental Site Assessment Process. Potential environmental concerns and
contaminated properties that are determined to potentially pose a significant impact to the planned improvements would
be further evaluated during a subsequent (Phase II) Preliminary Site Investigation (PSI).
As part of the Phase I ISA, Dokken will perform the following services including:
• Perform a reconnaissance of the sites to assess for the presence, or make visual observations of indicators of the potential
presence, of RECs on the sites. These indicators may include 55-gallon drums, underground and aboveground storage
tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical
transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is
unavailable to any portions of the sites, our ability to complete the assessment described herein may be hindered.
Assessment of the sites for wetlands, asbestos -containing building materials, lead -containing paint, lead in drinking
water, radon, methane gas, and naturally occurring substances such as arsenic and asbestos are not included in the ISA
services.
• Perform a visual survey of adjoining and adjacent properties from the sites and from public thoroughfares to observe
general types of land use and conditions surrounding the sites.
• Review the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-21 to
obtain information regarding the potential presence of hazardous substances and/or petroleum products on the sites or
on properties within the approximate minimum search distance specified for each source, reviewing reasonably
ascertainable regulatory agency files for the sites and documented hazardous substance and/or petroleum product
release locations near the sites. The sources for these files could include the local department of environmental health,
the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control.
• Review pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and
hydrogeologic conditions in the vicinity of the sites.
• Review and interpret reasonably ascertainable historical aerial photographs to obtain information concerning the
historical use of the sites and adjacent properties.
• Review historical United States Geological Survey topographic maps to obtain information relative to the topography of
the sites, as well as previous development and uses of the sites and properties located in the vicinity of the sites.
• Review documents provided by the Client. Potentially useful documents may include geotechnical, geologic, and
environmental reports, site plans, plot plans, and correspondence with regulatory agencies.
• Prepare a report summarizing the findings of the ISA for the sites and qualitatively describing existing, or the potential
for, RECs on the sites.
TASK 5.2.2 Phase II Preliminary Site Investigation (PSI) Report (OPTIONAL)
Should the results of the Phase I ISA determine that additional testing is necessary, Dokken Engineering's sub consultant,
Geocon, will perform a Phase II testing and Site Investigation Report (PSI). The purpose of the Phase II PSI is to preliminarily
characterize hazardous materials that may be encountered during construction. The findings will be used to evaluate material
disposal options and worker health and safety. The specific scope of the Phase II PSI should be determined after completion
of the Phase I ISA and after the 30% design submittal is complete. The PSI will focus on the following two primary potential
issues: Asbestos -Containing Materials (ACM) and Lead -Containing Paint (LCP) on the bridges. Geocon will prepare a project-
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4 O"tra
specific Health & Safety Plan and Preliminary Site Investigation Workplan for Client and Caltrans concurrence prior to
fieldwork. Dokken anticipates that traffic control will be necessary to safely perform the field sampling.
Asbestos -Containing Materials (ACM)/Lead-Containing Paint (LCP) Survey
Geocon will provide services including:
• Conduct asbestos and LCP surveys of the five bridge structures;
• Collect up to 110 bulk material samples for asbestos analysis by polarized light microscopy (PLM);
• Additionally analyze up to 20 of the bulk asbestos samples by PLM point count methodology (400 points with gravimetric
reduction);
• Additionally analyze up to 20 of the bulk asbestos samples by PLM point count methodology (1,000 points);
• Collect up to 20 samples of paint for lead analysis by USEPA Test Method 60106;
• Analyze up to 10 of the paint samples for soluble lead using the WET and 10 of the paint samples for soluble lead using
the Toxicity Characteristic Leaching Procedure test; and
• Prepare an asbestos and LCP survey report.
During the asbestos and LCP survey, our staff will:
• Conduct a walkthrough inspection of the bridge structures to identify and inventory suspect ACM and potential LCP.
• Collect representative bulk samples of suspect ACM and submit using chain -of -custody (COC) documentation to a
laboratory accredited under the National Voluntary Laboratory Accreditation Plan for the analysis of asbestos in bulk
material samples.
• Analyze suspect ACM samples collected during the surveys on a 5-day turnaround time using PLM according to the EPA -
recommended method.
• Collect bulk samples of potential LCP using techniques presented in United States Department of Housing and Urban
Development (HUD) guidelines. In addition, each painted area sampled will be evaluated for evidence of deterioration
such as flaking or cracking.
• Submit paint samples to a California -licensed and California State Water Resources Control Board -accredited laboratory
for lead analyses in accordance with USEPA Test Method 6010B under COC documentation on a 5-day turnaround time.
• Prepare one electronic version of a final asbestos and LCP survey report that will include a general property description,
sample/laboratory analytical results, ACM and deteriorated LCP quantities, types, condition, and locations, photographs
of identified ACM and LCP, and inspector/laboratory certification data. A bridge structure drawing illustrating sample
locations will also be included in the report. The drawing will be proportional, but not to -scale.
A reasonable effort will be made to identify suspect ACMs and LCPs. However, this does not imply a guarantee that all
possible sources will be identified as certain materials may be hidden by structural materials or may be otherwise
inaccessible. During future renovation or demolition operations, suspect ACMs and potential LCP may be uncovered.
These materials should be treated as ACM and LCP, respectively, until evaluation, sampling, and analysis indicate
otherwise.
Aerially Deposited Lead (ADL) Survey
The scope of services for the ADL Survey is presented as follows:
Advance eight soil borings along the roadway shoulders at bridge location 56CO266 (Washington Street at the
Whitewater River) using hand auger sampling equipment. We will collect soil samples at depth intervals of 0 to 1 and
1 to 2 feet from each boring. We will collect soil samples from the hand auger and transfer to Ziploc® re -sealable plastic
bags. We will homogenize the samples in the field, subsequently label them, place them in an ice chest, and deliver
them to the analytical laboratory under standard chain -of -custody documentation. We will backfill the borings with the
excavated soil materials. We will note general soil types encountered in the borings on the daily field log.
Perform quality assurance/quality control procedures during the field exploration activities. These procedures will
include decontamination of sampling equipment before each sample is collected and providing chain -of -custody
documentation for each soil sample submitted to the laboratory. We will decontaminate the soil sampling equipment
between each sample by washing the equipment with an Alconox® solution followed by a double rinse with deionized
water. We will discharge the rinseate water to ground surface areas which do not slope to drainage inlets or surface
water bodies.
Analyze each soil sample for total lead following United States Environmental Protection Agency (USEPA) Test Method
6010B (16 samples).
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City Project No. 2023-33
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Analyze samples with total lead concentrations between 50 and 1,000 milligrams per kilogram (mg/kg) for soluble lead
using the Waste Extraction Test (WET) method, USEPA Test Method 7000, where necessary (assume up to six samples).
Analyze soil samples with total lead concentrations greater than 1,000 mg/kg for Toxic Characteristic Leaching
Procedure (TCLP) for soluble lead, where necessary (assume up to two samples).
Prepare a report to present our findings and conclusions. The report will include the following:
- Introduction/project description
- Vicinity Map and Site Plan showing boring locations
- Investigative methods
- Investigative results and field observations
- Statistical analysis of the data
- Conclusions and recommendations
- Appendices including laboratory reports and chain -of -custody documentation
Task 5.2 Deliverables: Phase 1 Initial Site Assessment (ISA) Report; Phase 11 Preliminary Site Investigation (PSI) report
Task 5.3 Natural Environmental Study (Minimal Impacts)
A Dokken biologist will conduct fieldwork in order to assess the presence/absence of sensitive biological resources (e.g.,
species or habitats), or to determine the potential for occurrence of such resources. A literature search will be conducted.
The location of any sensitive biological resources in the study area, including plants and plant communities, will be mapped.
Surveys will be timed for the appropriate season, e.g. plant surveys during the blooming season. Transportation projects are
covered activities under the Coachella Valley Multiple Species Habitat Conservation Plan.
A Natural Environment Study (Minimal Impacts) (NES(MI)) in the current Caltrans format will be prepared. The field methods
will be described along with the field survey and literature search results. Plant and animal species observed will be listed,
along with a general description of vegetative communities. Sensitive resources found will be mapped and evaluated in the
NES(MI). The report will contain tables describing sensitive species and their habitats that are present or potentially present;
it will identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation
measures will be included as necessary.
Task 5.3 Deliverables: Natural Environment Study (Minimal Impacts)
Task 5.4 Cultural Resources/Section 106 Compliance
Compliance with Section 106 of the National Historic Protection Act (NHPA Section 106) will be required for this project.
Dokken Engineering is proposing compliance via two optional tasks (pending additional input from Caltrans Professionally
Qualified Staff (PQS) which will occur during the PES (Task 5.1): screened undertaking (Task 5.4.1) or Full Section 106 (Task
5.4.2).
Task 5.4.1 Screened Undertaking (OPTIONAL)
The Caltrans Section 106 Process includes a list of project types which qualify as a "screened undertaking" as they do not
have potential to impact cultural resources and can therefore go through a streamlined cultural approval process. The
proposed Project could qualify under Caltrans Screened Undertaking classes 8,11, 13, 20, and 25 which allow for modification
to existing features like the addition of bicycle lanes or pedestrian walkways, sidewalks/curbs, addition of lighting,
modification to traffic control systems, and landscaping. This task assumes that Caltrans would not require consultation with
Native American Governments for a Screened Undertaking. Dokken Engineering will conduct background research through
the California Historical Information System's Central California Information Center, consult historical maps and records, and
request a search of the Sacred Lands File through the Native American Heritage Commission. Dokken Engineering would
document the results of these efforts in a cultural resources memorandum with supporting documentation such as project
figures and the records search results, for Caltrans' use in their internal Screened Undertaking. Once approved, no additional
cultural resource identification or reporting efforts will be required for the Project.
Task 5.4.2 Full Section 106 Compliance (OPTIONAL)
If Caltrans determines a Screened Undertaking is not appropriate for the northern embankment of the Whitewater River,
Dokken Engineering will prepare documentation in accordance with the full Section 106 process.
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- ,_ LN1 r; rh I -,'IA I -
Dokken Engineering archaeologists, who meet the Secretary of the Interior's Professional Qualification Standards in
Archaeology and are equivalent to Caltrans PQS Principal Investigators, will conduct cultural resource identification efforts
following the Caltrans SER guidelines. This process includes the following:
• Obtain a records search from the California Historical Resources Information System
• Request the Native American Heritage Commission review the Sacred Lands File
• Consult with Native American Tribes and historical organizations in accordance with Section 106 requirements (up
to three rounds of 30-day notices)
• Define an Area of Potential Effects
• Conduct an archaeological survey of the Project area
The findings will be documented in Caltrans formatted Historic Property Survey Report (HPSR) and an Archaeological Survey
Report (ASR). This scope includes one round of review for the HPSR/ASR based on City comments and two rounds of review
for the HPSR/ASR based on Caltrans comments, prior to final approval by both agencies.
This scope assumes that no cultural resources require recordation or evaluation as the bridges have previously been
evaluated as not eligible for the National Register of Historic Places and as the construction footprint includes very steep
slopes that have been significantly altered from their original disposition.
Although the project may qualify for a CEQA exemption which does not require CEQA Native American consultation, should
the City request it, Dokken can assist with the preparation of Project Notification Letters, per California Public Resources Code
(PRC) §21080.3.1 (also referred to as AB 52). Dokken can assist the City with subsequent Native American consultation
meetings, requests, and recommendations conducted under both Section 106 of the NHPA and PRC §21080.3.1 (AB 52).
Task 5.4 Deliverables: Cultural Record Search, Sacred Lands File, Screened Undertaking, Historic Property
Survey/Archaeological Survey Report
Task 5.5 Water Quality Assessment Memorandum
Dokken will prepare a Water Quality Assessment Report to address the potential for project impacts on water quality based
on current Caltrans guidelines (Environmental Handbook Volume 1, Chapter 9, Water Quality). The report will discuss the
waters within the project areas and the receiving waters conditions, objectives, and beneficial uses as well as Caltrans
standard best management practices (BMPs) and project design features required in accordance with the current Caltrans
Statewide Storm Water Management Plan. This scope and fee assumes that a full Water Quality Assessment Report will not
be required by Caltrans.
Task 5.5 Deliverables: Water Quality Assessment Memorandum
Task 5.6 CEQA Notice of Exemption (NOE) Form and Evaluation Letter; NEPA Categorical Exclusion
Based on identified type of maintenance work identified in the BPMP Plan and preliminary research, the proposed project
qualifies for CEQA categorical exemption 15301 for existing facilities. Dokken Engineering will prepare a letter that evaluates
whether there are any exceptions that would preclude the use of the CEQA exemption. If no exceptions exist, a CEQA Notice
of Exemption (NOE) for will be prepared for the City to file NOE. Dokken will file the NOE with the State Clearinghouse. This
scope and fee include the $50.00 filing fee. Dokken will work with Caltrans Local Assistance to prepare a Categorical Exclusion
as the NEPA approval document for the project and will include avoidance, minimization and mitigation measures provided
in the technical studies prepared.
Task 5.6 Deliverables: Notice of Exemption (NOE) Form and Recommendation Letter
TASK 6 GEOMETRIC APPROVAL DRAWINGS
Dokken Engineering will develop schematic plans, which shall include civil design, structural design and "opinion of estimated
cost". Work activities will include those verified on the provided BPMP Plan List, as well as any additional recommended
activities from the project research as agreed upon with the City.
The 30% phase will incorporate recommendations from Data Collection and Field Reviews to define work activities and project
limits. The plans will be prepared based on existing records and as-builts. Any additional work that is not part of the current
project scope and the City wishes to include into the project will be discussed during this stage of the project.
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30% Plans and Opinion of Probable Cost
Obtain and review all relevant as -built plans and the most recent Caltrans bridge inspection reports to create the preliminary
plans of the bridge repairs. Quantities and cost estimates will be prepared for all structures.
Task 6 Deliverables: One (1) digital copy of Plans; One (1) digital copy of Opinion of Probable Cost
TASK 7 PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
Dokken will integrate Cost Estimates, utility mapping, encroachment permits, and easements as applicable. Dokken will
coordinate submittals with the City, Caltrans, and any other stakeholder Agency. Burne Engineering will support and perform
a portion of the bridge preventive maintenance work tasked herein. Burne Engineering will be responsible for the
development of the PS&E for bridge repair work for two of the five bridges (#56C-0076 and #56C-0498) The Dokken Team
will provide bridge preventive maintenance work for the other three bridges, signing/striping, and coordination. Plan and
specification submittals shall be provided in digital format to the City. Hard copy plan sets will be provided upon request.
Final plans will be submitted on full size (24" x 36") Mylar. Digital files shall be in Portable Document Format (PDF) and
AutoCAD 2025 format. Technical Specifications will be prepared using the latest versions of Caltrans Standard Specifications
and Standard Special Provisions (or other City -approved format) as a basis, modified for FHWA requirements and submitted
along with plans at 60%, 90% and 100%.
A formal Quality Control (QC) review will be performed by Dokken and Burne Engineering at each submittal phase. The review
will address construction drawings, technical specifications, cost estimates, and overall constructability of the project.
Signing and Striping
Dokken will design permanent striping, pavement markings, and signing plans per the California MUTCD latest edition. Signing
and Striping plans will be prepared at each bridge location receiving methacrylate deck treatment or asphalt concrete (AC)
overlay replacements to maintain the existing striping configuration.
Traffic Handling
Dokken anticipates that the programmed bridge maintenance work will occur in stages at each bridge to maintain at least
one lane of traffic in each direction during construction. It is assumed that the contactor will be responsible for traffic control
plans for each of the bridges. This allows the contractor more flexibility to accommodate their means and methods. Typical
Traffic Control Applications from latest CA MUTCD, Caltrans Standard Plans or any local City guidelines will be utilized for the
various closure scenarios anticipated. Since Highway 111 was relinquished by Caltrans and is owned and operated by the
City of La Qunita, Caltrans encroachment permits are not expected.
Water Quality
Based on the BPMP plan, the work activities identified are limited to structure maintenance. The north abutment of Bridge
BR# 56C-0266 has scoured and eroded on the West side of the bridge. On the East side of the bridge, there is existing concrete
slope protection in good condition. The concrete slope protection will be extended to the west to protect the limits of the
bridge. Geometry (thickness, slope, key depth, etc.) will match the existing conditions based on as-builts or field
measurements.. Changes to the channel are restorative in nature, where hydrology or hydraulics analysis is not anticipated.
Dokken will assist the City to complete the internal WQMP/SWPP determination form to determine that the project does not
trigger LID or WQMP requirements. Dokken will identify best management practices for implementation in project plans and
specifications.
Channel Access
It is anticipated that for bridge BR# 56C-0266, work performed underneath the bridge will require construction access into
the channel. The plans will incorporate temporary construction easements to allow the access for equipment or personnel.
Task 7.160% Design - Plans, Specifications, and Estimate (PS&E)
Upon approval of Geometric Approval Drawings (30% PS&E) by the City and Caltrans and upon receiving environmental
clearance (both NEPA and CEQA), the Dokken team will prepare and submit the draft 60% plans, specifications, and estimate
to the City.
60% Plans
Upon approval of the work limits defined in the 30% project phase, work will begin on the 60% plans. The plans will
incorporate any comments received from the City from the 30% submittal review and will incorporate all construction details
including signing/striping and traffic handling necessary to complete BPMP work. The plans will show utilities based on
research and utility mapping. A full set of plans will be prepared with consideration for constructability and public safety. It
J§DOKKEN PAGE23
E N G l N K E H t N G
Request for Proposals
Bridge Preventative Maintenance Program Plan
City Project No. 2023-33
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- ,_LN1 r; rh I-,'IAI -
is assumed that the existing concrete slope protection meets Coachella Valley Water District's (CVWD) design standards and
hydraulic analysis isn't required. Plans will include the extension of the existing concrete slope pavement and detailing will
follow CVWD Guideline K-2 Bank (Slope) Protection Design Guidance.
Although not anticipated, if any ancillary structures design is needed, it shall be in accordance with AASHTO LRFD Bridge
Design Specifications (Eighth Edition) with California Amendments current at time of bridge design, Caltrans Bridge Design
Details Manual, Caltrans Bridge Design Aids, Caltrans Bridge Memos to Designers, Structure Technical Policies, and Bridge
Design Memos, Caltrans Seismic Design Criteria (SDC), Caltrans Standard Plans and Specifications (latest version), and City
CAD Standards. The bridge design work will be performed in English units of measure.
60% Opinion of Probable Cost
The Dokken Team will provide cost estimates at the 60% PS&E design submittal. Detailed quantities will be prepared in
accordance with Caltrans Standard Specifications (latest version) and payment items. The engineer's estimate of probable
construction cost ("Marginal Estimate") for the project will be prepared using the most recent and relevant Caltrans Cost
Data, Consultants cost data, as well as the City's cost data.
60% Contract Specifications and Special Provisions
The Dokken Team will prepare the contract Technical Provisions for the project based in general on Caltrans Standard Special
Provisions (latest version) as a basis and modified for FHWA requirements, Caltrans Standard Specifications (latest version),
and City construction contract standards.
Task 7.1 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost, • One
(1) digital copy of QC comments and comment responses of the submitted PS&E Package.
Task 7.2 90% Design - Plans, Specifications, and Estimate (PS&E)
At the 90% level, a thorough review of the plans, work limits, details and specifications is performed for clarity, capacity, City
standards, and constructability issues. When the review is complete, the designers will address all comments from the
internal and City reviews of the PS&E package. After plan corrections, the designer will review the corrected details to ensure
all comments have been addressed.
The Dokken Team will proceed with the preparation of the 90% submittal. Plan sheets included in the 60% submittal will
receive additional annotation, descriptions, and notes identified per the City's review and the independent check. The
submittal will include written responses to all comments received on the prior submittal.
Task 7.2 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost; One
(1) digital copy of QC comments and comment responses of the submitted PS&E Package.
Task 7.3 100% Design - Plans, Specifications, and Estimate (PS&E)
At the 100% level, the QC focus will be to confirm prior review comments have been adequately addressed and review any
new information added since the 90% submittal. A mark-up of the plans, special provisions and item list will be provided to
the Project Manager.
Permit conditions/requirements (from environmental studies, temporary easements, construction permits, CDFW 1602,
RWQCB 401 Certification, and/or USACE 404 NWP) will be incorporated into the plans and/or specifications.
After review comments are received from the 90% Bridge PS&E, The Dokken Team will revise the plans and coordinate the
necessary changes to the specifications and estimate. Written responses to the City comments will be prepared and provided
with the 100% submittal.
Task 7.3 Deliverables: One (1) digital copy and one (1) hard copy (24x36) of Plans; one (1) digital copy of specifications; one
(1) digital set of 100% Bidding Documents; one (1) digital copy of Opinion of Probable Cost; One (1) digital copy of Design
Calculations if applicable; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.
TASK 8 RIGHT OF WAY
It is anticipated that an easement and/or temporary construction easement (TCE) is needed at bridge BR# 56C-0266 to
perform the necessary maintenance repairs. Right of Way work will be limited to this bridge to establish required easements.
Task 8.1 Right of Way Management and Coordination Services
Dokken's right of way manager will do the following for this project
J§DOKKEN PAGE24
E N G l N K E H t N G
Request for Proposals
Bridge Preventative Maintenance Program Plan
City Project No. 2023-33
4 &Kra
l.G?14,' 14L IRI -
• Coordinate solutions with the agency and/ legal representative to implement solutions for items that may affect title
or cause a delay in escrow;
• Monitor progress of the appraisal process to meet project deadlines.
• Supply any support information or set up meetings with the agency to review appraisal reports;
• Obtain any acquisition documentation the agency may have and review the documentation for current adjustments
to conform to industry standards.
• Prepare staff reports for approval of just compensation;
• Provide executed acquisition documentation from each affected property owner and work with the agency to obtain
internal signatures and payments;
• Provide possession documentation in lieu of purchase contracts;
• Attend agency meetings to discuss right of way specific concerns that may arise during the any phase of the project
including but not limited to close session meetings and participating agency meetings, if required;
A Permit to Enter (PTE) will be acquired as necessary to enable survey teams access to adjacent properties. This is anticipated
to be needed at bridge BR# 56C-0266 where boundary surveys, and environmental surveys will take place. This assumes that
all application filing fees will be submitted by the City.
Task 8.1 Deliverables: One (1) Permit to Enter
Task 8.2 Right of Way Tracking Table
Dokken's Right of Way Manager will maintain the project tracking table and ensure that it is sent to the Client on the regularly
requested schedule. As a component of effective project management and to keep the project on schedule and the Client
current with acquisition data, a project tracking table will be created. This table will outline milestones and supply completion
dates, comments, and any additional information the Client may request.
Task 8.2 Deliverables: Project Tracking Table
Task 8.3 Obtain Title Reports and Title Research
Dokken will obtain a title report for one affected properties (APN 604-640-005). Agents may resolve or oversee resolution of
problems relating to unusual circumstances regarding title or ownership and uncover any flaws, noting any exceptions
pertaining to property such as mortgage liens, restrictions, easements, and rights of way.
Task 8.3 Deliverables: One (1) Preliminary Title Report, Title Research
Task 8.4 Property Owner Exhibit
Dokken will prepare one (1) Property Owner Exhibit for the proposed acquisition to be used by the Appraiser during the
appraisal process and the Right of Way Team when negotiating with the landowner. The Property Owner Exhibit will include
the APN, address, owners name, existing access, provide the limits of the temporary acquisition areas, detail impacts to any
improvements located within the project area, and specify any construction contract work that may be necessary.
Task 8.4 Deliverables: One (1) Property Owner Exhibit
Task 8.5 Appraisal Process
Dokken's licensed General Real Estate Appraiser will complete one (1) appraisal report (APN 604-640-005). A notice of intent
to appraise letter along with a acquisition policy brochure will be provided to the impacted property owner. The appraisal
will be arranged so that the property owner may accompany the appraiser during the inspection of the property. This allows
the property owner the opportunity to provide additional information to the appraiser.
The appraisal will be prepared by an appraiser licensed with the State of California and will comply with all laws applicable to
the specific appraisal and the Uniform Standards of Professional Appraisal Practice 49 CFR 24.2(a)(3). The appraisal will
include a summary and a complete analysis for the valuation conclusion. Documentation obtained duringthe inspection, such
as pictures, will be included in the report. Title information pertaining to ownership, drawings, and information relative to
the parcel will be reviewed by the appraiser.
Task 8.5 Deliverables: One (1) Appraisal Report
Task 8.6 Obtain Appraisal Review Report
Upon acceptance and approval of the property appraisal, a licensed General Real Estate Appraiser will complete three (3)
independent appraisal review reports. The review includes inspecting sales to determine comparability, reviewing appraisal
J§DQKKEN PAGE25
E N G l N K E H t N G
Request for Proposals
Bridge Preventative Maintenance Program Plan
City Project No. 2023-33
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for conformance to Uniform Standards of Professional Appraisal Practice, reviewing "highest and best use" conclusions,
examining valuation methods, analyzing exhibits, checking mathematical calculations, and preparing a narrative report that
describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure
that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers'
conclusions and complies with regulatory codes. A recommendation of just compensation is then made based on the
reviewed, collected, assembled, correlated, and analyzed data.
Task 8.6 Deliverables: One (1) Appraisal Review Report
Task 8.7 Summary Statement
Dokken will complete a Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit
8-EX-16) for the property. This document will be delivered to the property owner with the offer package during the initial
meeting.
Task 8.7 Deliverables: Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit
8-EX-16)
Task 8.8 Negotiate for Right of Way
This project requires the acquisition of a temporary construction easement from one (1) parcel (APN 604-640-005).
Depending on property lines and work limits, permanent easements may be required on the same parcel. All "Good Faith
Negotiations" will be completed by Dokken's Right of Way Team. After completion of the appraisal process and just
compensation determination, Dokken will prepare the offer package and meet with all owners in person to present and
explain the offer package details. The offer package will include the offer letter, written summary of just compensation with
supporting appraisal information, property owner exhibit showing property map with right of way take locations, Title VI
information, and "Your Property — Your Transportation Project" booklet. Dokken will negotiate with the property owner to
arrive at a mutually agreeable settlement and prepare necessary purchase agreements such as Grant Deeds, Easement Deeds,
and Temporary Construction Easement Deeds. Dokken will obtain receipt of delivery of offer and/or present and secure
tenant information statements, as applicable, during the initial meeting.
Dokken will work closely with the Client to aid in the recommendation of the appropriate course of action regarding the
various acquisitions with property owners requesting additional compensation and/or services beyond the initial offer
package. Recommended settlement packages with justifications and impasse letters will be provided to the Client for review.
Working with the property owners to agreeable terms will be Dokken's focus.
Additionally, Dokken will attend, at the request of the Client, a single Public Community Meeting regarding the project.
Dokken's Right of Way Agents hold California Real Estate Salesperson's Licenses and are working under the direct supervision
of a California Real Estate Licensed Broker.
Task 8.8 Deliverables: Right of Way Agreements, Grant and Easements Deeds, Administrative Settlements, Diaries, Written
Summary of Acquisitions, Impasse Letters
Task 8.9 Escrow Coordination
Upon reaching an agreement on the terms and conditions of the acquisition with the property owner, Dokken will be available
to assist the Client in opening escrow. Dokken will supply fully executed agreements along with other supporting information
to escrow in order to close each transaction. Dokken will work closely with the Client to assist in the timely closing of all
transactions. For the convenience of the property owner, all agents on our right of way team have a California Notary who
will be available to notarize any documentation that is required. Fully executed deeds and easements will be delivered to the
Client for acceptance prior to recording. In the event escrow services are not required, Dokken is available to perform these
services and record the required documentation.
Task 8.9 Deliverables: Escrow Documents and Closing Statements
Task 8.10 Right of Way Certification Coordination
Dokken will coordinate with the Client and supply all required documentation for the right of way certification. Dokken will
review all acquisition documents for proper and complete execution, including formal acceptance.
Task 8.10 Deliverables: Right of Way Certification Documentation
J§DOKKEN PAGE26
E N G l N K E H t N G
Request for Proposals
Bridge Preventative Maintenance Program Plan
City Project No. 2023-33
Task 8.11 File Close -Out
An original acquisition file for the affected parcel will be provided to the Client upon completion of the project. The acquisition
file will contain property information, diary report, written correspondence, just compensation documentation, appraisal(s),
offer package, negotiations, title documentation, copies of recorded documents, and all applicable documentation.
Task 8.11 Deliverables: Original Acquisition File
TASK 9 PERMITTING
TASK 9.11602 Streambed Alteration Agreement
The proposed bank protection at the north abutment of the Washington Street bridge over the Whitewater River will
permanently impact a water of the State. Dokken will coordinate with the CDFW to obtain a Section 1602 Streambed
Alteration Agreement. Dokken will delineate boundaries of CDFW jurisdiction, assess project impacts, prepare a Notification
of Streambed Alteration, and obtain a Streambed Alteration Agreements with CDFW. The Notification is submitted
electronically through CDFW's internet web portal called Environment Permit Information Management System (EPIMS). The
Draft 1602 Agreement with draft permit conditions will be reviewed by Dokken Engineering and any concerns will be
discussed with the City and CDFW prior to finalizing the 1602 Agreement. This assumes that all application filing fees will be
submitted by the City.
Task 9.1 Deliverables: 1602 SAA Permit
TASK 9.2 401 Water Quality Certification
The Project would impact jurisdictional waters of the U.S.; therefore, a Section 401 Water Quality Certification will need to
be obtained. Dokken will submit an application and work with the Colorado River Basin RWQCB to obtain a Section 401 CWA
Water Quality Certification. This permit will also ensure compliance with the Porter Cologne Act and State water quality
standards. The Draft 401 Certification with draft permit conditions will be reviewed by Dokken Engineering and any concerns
will be discussed with the City and RWQCB prior to finalizing the 401 Certification. This assumes that all application filing fees
will be submitted by the City.
Task 9.2 Deliverables: 401 WQC Permit
TASK 9.3 404 Nationwide Permit
Activities that place fill in waters of the U.S. are under the regulatory authority of the USACE. The proposed project qualifies
for the USACE Section 404 CWA NWP 13 (Bank Stabilization) or NWP 14 (Linear Transportation Projects). Under the NWP
program, no individual crossing (or multiple crossings of a single watercourse) may exceed 0.5 acres of permanent impact.
Dokken will submit an application and work with the USACE to obtain a Section 404 NWP. The Draft 404 NWP with permit
conditions will be reviewed by Dokken Engineering and any concerns will be discussed with the City and USACE prior to
finalizing the 404 NWP.
Task 9.3 Deliverables: 404 NWP Permit
TASK 9.4 Coachella Valley Water District (CVWD) Encroachment Permit
Bridge BR# 56C-0266 will require an Encroachment Permit with the Coachella Valley Water District (CVWD) as work is being
performed within the channel. Dokken will provide slope protection plans (per Task 7) and coordinate with CVWD to ensure
plans meet their guidelines. The Encroachment permit will ensure work being performed within the channel conforms to
CVWD requirements. Dokken will prepare and submit the encroachment permit application. This assumes that all application
filing fees will be submitted by the City.
Task 9.4 Deliverables: One (1) CVWD Encroachment Permits
TASK 10 CONSTRUCTION SUPPORT (PHASE II) (TIME AND MATERIALS)
Task 10.1 Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all
questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation
in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by Dokken for decision
by the City. Dokken shall provide support to the City during the Bidding phase by assisting with questions, requests for
information/clarification, or conflicts arising out of the bidding process. Dokken shall attend pre -bid meeting, if scheduled.
Task 10.1 Deliverables: Response to bidder questions
J§DOKKEN PAGE27
E N G l N K E H t N G
Request for Proposals
Bridge Preventative Maintenance Program Plan
City Project No. 2023-33
Task 10.2 Construction Administration
4&Krev
- ,_LN1 r; rh I-,'IAI -
Dokken shall provide support to the City during the Construction Administration phase by assisting with questions, requests
for information/clarification, and/or reviewing submittals. Consultant shall review and approve all submittals and shop plan
drawings required to support the construction contract. Dokken shall complete shop drawings reviews within two (2) weeks
of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Dokken shall be available
as requested by the City to resolve discrepancies in the contract documents. Dokken shall bring to the attention of the City
any defects or deficiencies in the work by the construction contractor which Dokken may observe. Dokken shall have no
authority to issue instruction on behalf of the City, or to deputize another to do so.
Task 10.2 Deliverables: Responses to RFIs
Task 10.3 Record Drawings/As-Builts
Upon construction completion, the City will submit field -marked prints to Dokken. Dokken shall incorporate all changes to
the plans electronically with all necessary revision notations, signature, and submit to the City.
Task 10.3 Deliverables: Record Drawings (As-builts)
J§DQKKEN PAGE28
E N G! N B E H t N G
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 Six Hundred Twelve Thousand Four
Hundred Twenty -Six Dollars and Thirty -Five Cents ($ 612,426.35) ("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 1 of 1
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COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark -Ups are Not Allowed
❑Q Prime Consultant ❑
Subconsultant
❑ 2nd Tier Subconsultant
Consultant: DOKKEN ENGINEERING
Project No. 2023-33
Contract No.
TBD
Date
January 7, 2026
Project Name La Quinta Bridge Preventative Maintenance Program Plan
DIRECT LABOR
Classification/Title
Name
Range
Hours
Actual Hr Rate*
Total
Principal in Charge
Charles Tornaci, PE*
$90.00 - $150.00
24
$
94.00
$
2,256.00
Project Manager
Gabriel Hoxmeier, PE*
$80.00 - $140.00
318
$
80.00
$
25,440.00
QA/QC Review
Steve Kooyman, PE*
$90.00 - $150.00
28
$
95.00
$
2,660.00
Structures Design Lead
Gabriela Morales, PE*
$60.00 - $90.00
216
$
63.00
$
13,608.00
Roadway Design Lead
Megan Cunningham, PE*
$60.00 - $90.00
0
$
63.00
$
-
Senior Engineer 3
STAFF
$90.00 - $150.00
0
$
98.00
$
-
Senior Engineer 2
STAFF
$80.00 - $115.00
0
$
88.00
$
-
Senior Engineer 1
STAFF
$65.00 - $95.00
0
$
78.00
$
-
Associate Engineer 3
STAFF
$65.00 - $80.00
0
$
72.00
$
-
Associate Engineer 2
STAFF
$60.00 - $70.00
233
$
65.00
$
15,145.00
Associate Engineer 1
STAFF
$50.00 - $65.00
0
$
60.00
$
-
Assistant Engineer 3
STAFF
$55.00 - $75.00
0
$
56.00
$
-
Assistant Engineer 2
STAFF
$44.00 - $57.00
390
$
49.00
$
19,110.00
Assistant Engineer 1
STAFF
$35.00 - $48.00
0
$
43.00
$
-
Senior CAD
STAFF
$55.00 - $95.00
44
$
80.00
$
3,520.00
CAD/Detailer
STAFF
$45.00 - $75.00
300
$
50.00
$
15,000.00
Engineering Technician
STAFF
$25.00 - $55.00
2
$
39.00
$
78.00
Environmental Lead
Jeffery Little*
$70.00 - $100.00
156
$
70.00
$
10,920.00
Environmental Manager
STAFF
$80.00 - $120.00
18
$
95.00
$
1,710.00
Principal Planner
STAFF
$70.00 - $100.00
20
$
85.00
$
1,700.00
Senior Environmental Planner 2
STAFF
$60.00 - $90.00
176
$
70.00
$
12,320.00
Senior Environmental Planner 1
STAFF
$50.00 - $80.00
20
$
60.00
$
1,200.00
Associate Environmental Planner
STAFF
$39.00 - $59.00
82
$
50.00
$
4,100.00
Environmental Planner
STAFF
$33.00 - $45.00
282
$
39.00
$
10,998.00
Environmental Technician
STAFF
$20.00 - $40.00
0
$
30.00
$
-
Right of Way Manager
STAFF
$70.00 - $110.00
65
$
79.00
$
5,135.00
Senior Right of Way Agent
STAFF
$55.00 - $85.00
108
$
62.00
$
6,696.00
Right of Way Agent
STAFF
$35.00 - $65.00
5
$
37.00
$
185.00
Right of Way Assistant
STAFF
$25.00 - $40.00
39
$
31.00
$
1,209.00
Right of Way Technician
STAFF
$20.00 - $30.00
41
$
25.00
$
1,025.00
Senior Appraiser
STAFF
$55.00 - $85.00
0
$
58.00
$
-
Appraiser
STAFF
$35.00 - $65.00
44
$
43.00
$
1,892.00
Appraiser Assistant
STAFF
$25.00 - $40.00
0
$
31.00
$
-
Appraiser Technician
STAFF
$20.00 - $30.00
0
$
25.00
$
-
2,611
LABOR COSTS
a) Subtotal Direct Labor Costs
$
155,907.00
b) Anticipated Salary Increases
$7,610.66
INDIRECT COSTS
d) Fringe Benefits (Rate: 103.48% )
f) Overhead (Rate: 0.00% )
h) General and Administrative (Rate:
FIXED FEE
62.77% )
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 163,517.66
c) Total Fringe Benefits [(c) x (d)] $ 169,208.08
g) Overhead [(c) x (f)] $ -
i) Gen & Admin [(c) x (h)] $ 102,640.04
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 271,848.11
k) TOTAL FIXED FEE [(c) + 0)] x fixed fee
12% ] $ 52,243.89
Page 1 of 4
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional pages if necessary)
Description of Item
Quantity
Unit
Unit Cost
Total
Cultural Resources/Section 106 Compliance
1
Each
$
1,000.00
$
1,000.00
Cultural Resources/Screened Undertaking
1
Each
$
1,000.00
$
1,000.00
Title Reports
1
Each
$
1,500.00
$
1,500.00
Appraisal Review Reports
1
Each
$
1,200.00
$
1,200.00
i) TOTAL OTHER DIRECT COSTS $ 4,700.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
• UNICO $ 18,204.86
• GEOCON $ 38,865.82
• BURNE ENGINEERING $ 63,045.99
m) TOTAL SUBCONSULTANTS' COSTS $ 120,116.68
n) TOTAL OTHER DIItECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 124,816.68
TOTAL COST [(c) + 0) + (k) + (n)] $ 612,426.35
*Employees will be billed at their actual pay rates within the ranges specified above. When actual rates change, employees will be billed at their updated rate.
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply
with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by
a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 2 of 4
COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor
Total Hours per Avg
5 Year
Subtotal per Cost
Cost Proposal Hourly
Contract
Proposal
Rate
Duration
$155,907.00
2,611 = $59.71
Year 1 Avg
Hourly Rate
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$59.71
+ 3.0% _
$61.50
Year 2 Avg Hourly Rate
Year 2
$61.50
+ 3.0% _
$63.35
Year 3 Avg Hourly Rate
Year 3
$63.35
+ 3.0% _
$65.25
Year 4 Avg Hourly Rate
Year 4
$65.25
+ 3.0% _
$67.21
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Each Year
Year 1 (2025)
10.0%
Year 2 (2026)
40.0%
Year 3 (2027)
30.0%
Year 4 (2028)
20.0%
Year 5 (2029)
0.0%
Total
100.000%
Total Hours per Cost
Total Hours per
Proposal
Year
* 2,611
= 261
* 2,611
= 1044
* 2,611
= 783
* 2,611
= 522
* 2,611
= 0
Total
= 2,611
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Avg Hourly Rate Estimated hours
Cost Per
(Calculated above) (Calculated Above)
Year
Year 1
$59.71 * 261
= $15,590.70
Estimated Hours Year 1
Year 2
$61.50 * 1044
= $64,233.68
Estimated Hours Year 2
Year 3
$63.35 * 783
= $49,620.52
Estimated Hours Year 3
Year 4
$65.25 * 522
= $34,072.76
Estimated Hours Year 4
Year 5
$67.21 * 0
= $0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $163,517.66
Direct Labor Subtotal before Escalation
= $155,907.00
Estimated total of Direct Labor Salary Increase
= $7,610.66
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 3 of 4
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual,
reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering
and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in
compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for
reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifyine:
Name**: John A. Klemunes, Jr.
Signature: /a
Email**: iklemunesCa dokkenengineerinp.com
Title**: President
Date of Certification (mm/dd/yyyy): 1/7/2026
Phone Number: 916-858-0642
Address: 110 Blue Ravine Road, Suite 200, Folsom, CA 95630-4713
**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 consunam is proviamg unaer the proposea contract:
Engineering, Environmental, and Right of Way Services
Page 4 of 4
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
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 ❑r Subconsultant
❑ 2nd Tier Subconsultant
Consultant:
UNICO Engineering, hic.
Project No.
TBD
Contract No. T 3D
Date
September 2, 2025
Project Name
City of La Quinta I Bridge Preventative Maintenance Program
DIRECT LABOR
Classification/Title
Name
Range
Hours
Actual Hr Rate
Total
Survey Manager
Rob Markes
$80.00 - $100.00
0
$
92.40
$
-
Senior Land Surveyor
Bill Tipple, PLS
$80.00 - $100.00
24
$
96.15
$
2,307.60
Land Surveyor
Todd Jordan, PLS
$40.00 - $60.00
8
$
56.00
$
448.00
Land Surveyor
Roy Porter, LSIT
$40.00 - $60.00
0
$
42.00
$
-
Party Chief
Staff
$70.00 - $90.00
16
$
92.62
$
1,481.92
Rodman
Staff
$70.00 - $90.00
16
$
85.17
$
1,362.72
Survey Technician/Drafter
Staff
$30.00 - $50.00
22
$
33.50
$
737.00
86
LABOR COSTS
a) Subtotal Direct Labor Costs
$
6,337.24
b) Anticipated Salary Increases
$0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 6,337.24
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00%) c) Total Fringe Benefits [(c) x (d)] $ -
f) Overhead (Rate: 154.64%) g) Overhead [(c) x (f)] $ 9,799.91
h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 9,799.91
FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee 10% ] $ 1,613.71
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Unit Unit Cost Total
ODC - Per Diems 2 Per Diem $227.00 $ 454.00
i) TOTAL OTHER DIRECT COSTS $ 454.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 454.00
TOTAL COST [(c) + 6) + (k) + (n)] $ 18,204.86
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost
principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant
agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
L Calculate Average Hourly Rate for I st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor
Total Hours per Avg
5 Year
Subtotal per Cost
Cost Proposal Hourly
Contract
Proposal
Rate
Duration
$6,337.24
86 = $73.69
Year 1 Avg
Hourly Rate
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$73.69
+ 5.0% _
$77.37
Year 2 Avg Hourly Rate
Year 2
$77.37
+ 5.0% _
$81.24
Year 3 Avg Hourly Rate
Year 3
$81.24
+ 5.0% _
$85.30
Year 4 Avg Hourly Rate
Year 4
$85.30
+ 5.0% _
$89.57
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Total Hours per Cost
Total Hours per
Each Year
Proposal
Year
Year 1
100.0%
* 86 =
86
Estimated Hours Year 1
Year 2
0.0%
* 86 =
0
Estimated Hours Year 2
Year 3
0.0%
* 86 =
0
Estimated Hours Year 3
Year 4
0.0%
* 86 =
0
Estimated Hours Year 4
Year 5
0.0%
* 86 =
0
Estimated Hours Year 5
Total
100.0%
Total =
86
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate
Estimated hours
Cost Per
(Calculated above)
(Calculated Above)
Year
Year 1
$73.69
* 86 =
$6,337.24
Estimated Hours Year 1
Year 2
$77.37
* 0 =
$0.00
Estimated Hours Year 2
Year 3
$81.24
* 0 =
$0.00
Estimated Hours Year 3
Year 4
$85.30
* 0 =
$0.00
Estimated Hours Year 4
Year 5
$89.57
* 0 =
$0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
$6,337.24
Direct Labor Subtotal before Escalation =
$6,337.24
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.
Page 2 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable,
and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and
Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with
applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments
are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name**: Cesar Montes de Oca, PE
Signature:
Email**: cesar @unicoenoineerino.com
Title**: President
Date of Certification (mm/dd/yyyy):
Phone Number: 916.900.6623
Address: UNICO Engineering 11450 Frazee Road, Suite 250, San Diego, CA 92108
9/2/2025
**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:
Land Surveying Services
Page 3 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark -Ups are Not Allowed
❑ Prime Consultant ❑+ Subconsultant
❑ 2nd Tier Subconsultant
Consultant: Geocon Consultants, Inc.
Project No. TBD
Contract No. TBD Date
September 5, 2025
Project Name La Quinta - BPMP
DHtECT LABOR
Classification/Title
Name
Range Hours
Actual Hr Rate
Total
Principal Engineer/Geologist
Ewert, Juhrend, Staff
$75.00 - $125.00 8
$
125.00
$
1,000.00
Senior Engineer/Geologist/Scientist
Silva, Staff
$65.00 - $83.00 4
$
66.00
$
264.00
Project Engineer/Geologist/Scientist
Staff
$50.00 - $58.00 20
$
58.00
$
1,160.00
Certified Asbestos Consultant
Dennig, Rice, Staff
$45.00 - $55.00 40
$
55.00
$
2,200.00
Certified Asbestos Consultant (PW)
Dennig, Rice, Staff
PW Rate 24
$
58.77
$
1,410.48
Certified Asbestos Consultant (PW-OT)
Dennig, Rice, Staff
PW Rate 6
$
88.16
$
528.96
Field Technician (PW)
Staff
PW Rate 16
$
51.56
$
824.96
GIS Specialist
Brown, Staff
$45.00 - $65.00 10
$
51.50
$
515.00
Word Processing
Ingraham, Staff
$25.00 - $50.00 6
$
38.50
$
231.00
134
LABOR COSTS
a) Subtotal Direct Labor Costs
$
8,134.40
b) Anticipated Salary Increases
$0.00
c) TOTAL DIRECT LABOR
COSTS [(a) + (b)]
$
8,134.40
INDIRECT COSTS
d) Fringe Benefits (Rate: 53.13% )
c) Total Fringe Benefits [(c) x (d)]
$
4,321.81
f) Overhead (Rate: 47.94% )
g) Overhead [(c) x (f)]
$
3,899.63
h) General and Administrative (Rate:
83.98%) i) Gen & Admin [(c) x (h)]
$
6,831.27
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 15,052.71
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 2,318.71
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item
Quanti
Unit
Unit Cost
Total
Per Diem
2
each
$
250.00
$
500.00
Truck
4
day
$
160.00
$
640.00
Hand Auger
1
each
$
50.00
$
50.00
Level D PPE
4
each
$
60.00
$
240.00
GPS
1
each
$
160.00
$
160.00
Total Lead
36
each
$
45.00
$
1,620.00
Soluble Lead - WET Extract
16
each
$
80.00
$
1,280.00
Soluble Lead - WET Analysis
16
each
$
45.00
$
720.00
Soluble Lead - TCLP Extract
12
each
$
80.00
$
960.00
Soluble Lead - TCLP Analysis
12
each
$
45.00
$
540.00
PLM
110
each
$
25.00
$
2,750.00
400 Point Count w/Gravimetric Reduction
20
each
$
90.00
$
1,800.00
1,000 Point Count
20
each
$
105.00
$
2,100.00
i) TOTAL OTHER
DIRECT COSTS
$
13,360.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 13,360.00
TOTAL COST [(c) + 0) + (k) + (n)] $ 38,865.82
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost
principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant
agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 2 of 4
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable,
allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and
Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with
applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments
are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifyina:
Name**: Josh E - PG Title**: Vice President
Signature: Date of Certification (mm/dd/yyyy): 9/5/2025
Email**: ewer (a).oeoconinc.com Phone Number: 916.852.9118
Address: 3160 Gold Valley Drive, Suite 800, Rancho Cordova, CA 95742
**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:
ADL Survey, and ACM/LCP Surveys
Page 4 of 4
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
COST -PLUS -FIXED
FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN,
ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark -Ups are Not Allowed
❑ Prime Consultant Subconsultant
❑ 2nd Tier Subconsultant
Consultant: BURNE ENGINEERING
Project No. TBD
Contract No. TBD Date
September 25, 2025
Project Name LA QUINTA BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PLAN
DIRECT LABOR
Classification/Title
Name Range Hours
Actual Hr Rate
Total
QA/QC Manager
Lori Burne
$74.00 - $86.00 10
$
74.00
$
740.00
Sr. Bridge Engineer
Russ Nygaard
$70.00 - $82.00 186
$
70.00
$
13,020.00
Associate Engineer
Staff
$37.00 - $44.00 54
$
37.85
$
2,043.90
Assistant Engineer
Staff
$28.00 - $31.00 0
$
28.00
$
-
Sr. CADD Technician
Staff
$65.00 - $72.00 60
$
65.00
$
3,900.00
Drafting Technician H
Staff
$35.00 - $39.00 28
$
35.02
$
980.56
Drafting Technician I
Staff
$28.00 - $31.00 45
$
28.00
$
1,260.00
Administrative
Staff
$35.00 - $39.00 0
$
35.00
$
-
383
LABOR COSTS
a) Subtotal Direct Labor Costs
$
21,944.46
b) Anticipated Salary Increases
$0.00
c) TOTAL DIRECT LABOR
COSTS [(a) + (b)]
$
21,944.46
INDIRECT COSTS
d) Fringe Benefits (Rate: 38.48%)
c) Total Fringe Benefits [(c) x (d)]
$
8,444.23
f) Overhead (Rate: 122.70%)
g) Overhead [(c) x (f)]
$
26,925.85
h) General and Administrative (Rate:
0.00%) i) Gen & Admin [(c) x (h)]
$
-
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
$
35,370.08
FIXED FEE
k) TOTAL FIXED FEE [(c) + 0)] x fixed fee
10% ]
$
5,731.45
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) -
ITEMIZE (Add additional pages if necessary)
Description of Item
Quantity Unit Unit Cost
Total
i) TOTAL OTHER DIRECT COSTS $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ -
TOTAL COST [(c) + 0) + (k) + (n)] $ 63,045.99
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost
principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant
agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
L Calculate Average Hourly Rate for I st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor
Total Hours per Avg
5 Year
Subtotal per Cost
Cost Proposal Hourly
Contract
Proposal
Rate
Duration
$21,944.46
383 = $57.30
Year 1 Avg
Hourly Rate
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$57.30
+ 5.0% _
$60.16
Year 2 Avg Hourly Rate
Year 2
$60.16
+ 5.0% _
$63.17
Year 3 Avg Hourly Rate
Year 3
$63.17
+ 5.0% _
$66.33
Year 4 Avg Hourly Rate
Year 4
$66.33
+ 5.0% _
$69.64
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Total Hours per Cost
Total Hours per
Each Year
Proposal
Year
Year 1
100.0%
* 383 =
383
Estimated Hours Year 1
Year 2
0.0%
* 383 =
0
Estimated Hours Year 2
Year 3
0.0%
* 383 =
0
Estimated Hours Year 3
Year 4
0.0%
* 383 =
0
Estimated Hours Year 4
Year 5
0.0%
* 383 =
0
Estimated Hours Year 5
Total
100.0%
Total =
383
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate
Estimated hours
Cost Per
(Calculated above)
(Calculated Above)
Year
Year 1
$57.30
* 383 =
$21,944.46
Estimated Hours Year 1
Year 2
$60.16
* 0 =
$0.00
Estimated Hours Year 2
Year 3
$63.17
* 0 =
$0.00
Estimated Hours Year 3
Year 4
$66.33
* 0 =
$0.00
Estimated Hours Year 4
Year 5
$69.64
* 0 =
$0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
$21,944.46
Direct Labor Subtotal before Escalation =
$21,944.46
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.
Page 2 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable,
and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and
Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with
applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments
are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name**: Lori Burne
Signature:
Email**: Iori(o burneengineerino.com
Address: 5137 Golden Foothill Pkway #100, El Dorado Hills, CA 95762
Title**: President
Date of Certification (mm/dd/yyyy):
Phone Number: 530-672-1600
9/26/2025
**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:
Structure Design
Page 3 of 3
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
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Exhibit D
Special Requirements - NOT USED
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies checked below 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 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability(at least as broad as ISO CA 0001):
® $1,000,000 combined single limit for bodily injury and property damage
® Auto Liability Additional Insured
Workers' Compensation (per statutory requirements):
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
Must include the following endorsements:
Workers' Compensation Endorsement with Waiver of Subrogation; OR
Workers' Compensation Declaration of Sole Proprietor (if applicable)
Professional Liability (Errors and Omissions):
® Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
Cyber Liability
❑ $1,000,000 per occurrence/$2,000,000 aggregate
Exhibit E
Page 1 of 6
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
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.
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.
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 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.
Exhibit E
Page 2 of 6
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.
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.
Exhibit E
Page 3 of 6
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
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
Exhibit E
Page 4 of 6
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
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
Exhibit E
Page 5 of 6
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
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 6 of 6
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
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 Desian Professionals.
1. Applicability 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 2 of 2
CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING: January 20, 2026
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
DOKKEN ENGINEERING TO PREPARE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE FOR THE BRIDGE PREVENTATIVE MAINTENANCE
PROGRAM PROJECT NO. 2023-33
RECOMMENDATION
Approve Agreement for Contract Services with Dokken Engineering in the amount of
$612,426 to prepare the Plans, Specification, and Engineer's Estimate for the Bridge
Preventative Maintenance Program Project No. 2023-33; and authorize the City Manager
to execute the agreement.
EXECUTIVE SUMMARY
• The City of La Quinta (City) owns and maintains multiple bridge structures that
require ongoing preventative maintenance to preserve structural integrity, extend
service life, and ensure public safety.
• To address these needs, in August 2025 the City issued a Request for Proposals
(RFP) for professional engineering services to prepare the plans, specifications, and
engineer's estimate (PS&E) for the Bridge Preventative Maintenance Program
(BPMP), and four (4) proposals were received.
• Following a competitive selection process, Dokken Engineering (Dokken) was
determined to be the most qualified firm to provide the services requested
(Attachment 1).
• The City is receiving Federal Funds to complete this Project.
FISCAL IMPAGT
The Fiscal Year 2023/24 Capital Improvement Plan (CIP) includes $165,000 in General
Funds and $560,800 in Federal Funds to complete the PS&E. There are sufficient funds
in the project budget to award to Dokken. Below is the current budget:
Local Share
Federal Share
Total
Professional:
$ 24,800
$ 0
$ 24,800
Design:
$140,200
$560,800
$701,000
Total Budget:
$165,000
$560,800
$725,800
81
BACKGROUND/ANALYSIS
The BPMP is intended to proactively address maintenance and repair needs for select
City -owned bridge structures. Preventative maintenance activities identified under the
program include, but are not limited to, deck spall repairs, concrete rehabilitation, joint
replacements, slope protection repairs, bearing pad replacements, overlay treatments,
and related structural improvements. These improvements are designed to preserve
existing infrastructure, minimize long-term repair costs, and reduce the likelihood of more
extensive rehabilitation in the future.
On August 25, 2025, the City issued a RFP seeking qualified professional engineering
consultants to prepare the PS&E necessary to implement the BPMP. The scope of work
includes project management, data collection and field review, environmental clearance,
right-of-way support, permitting, final PS&E preparation, and limited construction support.
The 4 proposals received were evaluated based on qualifications, project approach,
understanding of the scope, experience with similar projects, knowledge of Caltrans and
federal requirements, and demonstrated ability to deliver the project within schedule and
budget constraints. Following evaluation, Dokken was ranked as the most qualified firm.
Dokken brings specialized expertise in bridge preventative maintenance and has
successfully delivered similar programs for other public agencies, including projects
funded through state and federal transportation programs. Their proposed approach
demonstrates a clear understanding of the City's objectives, coordination requirements
with regulatory agencies, and the technical complexities associated with bridge
maintenance projects.
Staff negotiated the final scope and fee with Dokken and determined the proposed cost
to be fair, reasonable, and consistent with the level of effort required for the project. The
proposed agreement includes coordination with subconsultants for surveying,
geotechnical support on an as -needed basis, environmental services, and right-of-way
activities to ensure the project is advanced in compliance with applicable regulations.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Agreement for Contract Services with Dokken Engineering
82