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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and
entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal
corporation, and Bengal Engineering, Inc. (“Consultant”). The parties hereto agree as
follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to the Dune Palms Road
Low Water Crossing Replacment at the Coachella Valley Storm Water Channel, City
Project No. 2011-05, Federal Project No. BRLKS-5433(014), as specified in the “Scope
of Services” attached hereto as Exhibit “A” and incorporated herein by this reference
(the “services” or “work”). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Consultant shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the performance of the services required by
this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City,
Consultant shall immediately inform City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer (as
defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work performed by Consultant,
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and the equipment, materials, papers and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence. The performance of services by Consultant shall not relieve
Consultant from any obligation to correct any incomplete, inaccurate or defective work
at no further cost to City, when such inaccuracies are due to the negligence of
Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Consultant’s services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section
1.4 hereinabove, Consultant represents to City that it holds the necessary skills and
abilities to satisfy the heightened standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope
of Services (“Additional Services”) when directed to do so by the Contract Officer.
Consultant shall not perform any Additional Services until receiving prior written
authorization from the Contract Officer. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforeceable. Failure of Consultant to secure the Contract Manager’s written
authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time due, whether by way of compensation,
restitution, quantum meruit, etc. for Additional Services provided without the appropriate
authorization from the Contract Manager. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.2 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit “D” (the “Special
Requirements”). In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the Special
Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of
Compensation”) in a total amount not to exceed One Million, One Hundred Seventy Six
Thousand, Seven Hundred Eighty One Dollars ($1,176,781) (the “Contract Sum”),
except as provided in Section 1.6. The method of compensation set forth in the
Schedule of Compensation shall be lump sum. The Contract Sum shall be paid to
Consultant in installment payments made on a monthly basis in accordance with the
percentage of completion of the services. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the
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Schedule of Compensation. Consultant’s overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement, “Additional
Services.”
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
“Additional Services,” shall be paid for in an amount agreed to in writing by both City
and Consultant in advance of the Additional Services being rendered by Consultant.
Any compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer. Any greater amount of
compensation for additional services must be approved by the La Quinta City Council.
Under no circumstances shall Consultant receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month,
in the form approved by City's Finance Director, an invoice for services rendered prior to
the date of the invoice. Such invoice shall (1) describe in detail the services provided,
including time and materials, and (2) specify each staff member who has provided
services and the number of hours assigned to each such staff member. Such invoice
shall contain a certification by a principal member of Consultant specifying that the
payment requested is for work performed in accordance with the terms of this
Agreement. City will pay Consultant for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than thirty (30) days after invoices
are received by the City’s Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit C (the
“Schedule of Performance”). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for
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performing the services for the period of the forced delay when and if in his or her
judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement. Extensions to the Schedule of
Performance which are determined by the Contract Officer to be justified pursuant to
this Section shall not entitle the Consultant to additional compensation in excess of the
Contract Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of
this Agreement, the term of this agreement shall commence on June 2, 2014 and
terminate on July 31, 2018 (initial term). This agreement may be extended upon mutual
agreement by both parties (extended term).
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Scott Onishuk, P.E., Principal In Charge
scott@bengalengineering.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principals shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E.,
Public Works Director/City Engineer or such other person as may be designated by the
City Manager of City. It shall be Consultant's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and
Consultant shall refer any decisions, which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Consultant shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
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4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only
such obligations as are consistent with that role. Consultant shall not at any time or in
any manner represent that it or any of its agents or employees are agents or employees
of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the Work
performed under this Agreement, Consultant shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Consultant's acts or omissions rising out of or related to Consultant's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Consultant's performance hereunder and neither City nor its insurers shall be required
to contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the Commercial General
Liability policy only) shall be delivered to and approved by City prior to commencement
of the services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A-:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
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Consultant shall carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the
use of any automobile by Consultant, its officers, any person directly or indirectly
employed by Consultant, any subcontractor or agent, or anyone for whose acts any of
them may be liable, arising directly or indirectly out of or related to Consultant's
performance under this Agreement. If Consultant or Consultant’s employees will use
personal autos in any way on this project, Consultant shall provide evidence of personal
auto liability coverage for each such person. The term “automobile” includes, but is not
limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause providing
that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per
accident or disease.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold
any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
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Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractors' performance of work under this
Agreement.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available
or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City’s protection without City’s
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant’s general liability policy, shall be delivered to City at
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or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
10. Consultant agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self-insure its obligations to City. If Consultant’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the Consultant,
which may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will
be deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Consultant acknowledges and agrees that any actual or alleged failure
on the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any
rights hereunder in this or any other regard.
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14. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
17. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
20. Consultant agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
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6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant’s Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents (“Indemnified Parties”) from and against any and
all claims, losses, liabilities of every kind, nature and description, damages, injury
(including, without limitation, injury to or death of an employee of Consultant or
subconsultants), costs and expenses of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, to the extent same are
caused in whole or in part by any negligent or wrongful act, error or omission of
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements, the
Consultant shall not be liable for any injuries or property damage resulting from the
reuse of the design at a location other than that specified in Exhibit A without the written
consent of the Consultant.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys’ fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees or subconsultants
of Consultant.
6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section from
each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event Consultant fails
to obtain such indemnity obligations from others as required herein, Consultant agrees
to be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and
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defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City’s active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute “design professionals” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and City’s agents, officers,
officials, employees, representatives, and departments (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature and description,
damages, injury (including, without limitation, injury to or death of an employee of
Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or
indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 6.2(b), the
term “design professional” shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required by
this Agreement as the Contract Officer shall require.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
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pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals.
For the purpose of determining compliance with Public Contract Code 10115, et seq.
and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable and other matters connected with the performance of the contract pursuant
to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and
make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited to,
the costs of administering the contract. All parties shall make such materials available
at their respective offices at all reasonable times during the contract period and for three
years from the date of final payment under the contract. The state, State Auditor, City,
FHWA, or any duly authorized representative of the Federal Government shall have
access to any books, records, and documents of Consultant that are pertinent to the
contract for audit, examinations, excerpts, and transactions, and copies thereof shall be
furnished if requested Subcontracts in excess of $25,000 shall contain this provision.
7.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Consultant, its employees, subcontractors and agents in the
performance of this Agreement, shall be the property of City and shall be delivered to
City upon termination of this Agreement or upon the earlier request of the Contract
Officer, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the
documents and materials hereunder. Consultant shall cause all subcontractors to
assign to City any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations
in said documents and materials, City hereby releases, discharges, and exonerates
Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Consultant shall not disclose to any other
entity or person any information regarding the activities of City, except as required by
law or as authorized by City.
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8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and
general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant in
the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 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
Last revised 9-4-13 13
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
8.8 for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon
receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 8.2, take over work and prosecute the same to completion by
contract or otherwise, and Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or
Last revised 9-4-13 14
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this section.
To City: To Consultant:
CITY OF LA QUINTA BENGAL ENGINEERING, INC.
Attention: Frank Spevacek, Attention: Scott Onishuk, P.E.
City Manager Principal In Charge
78-495 Calle Tampico 250 Big Sur Drive
La Quinta, California 92253 Goleta, CA 93117
Email: scott@bengalengineering.com
10.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
Last revised 9-4-13 15
Exhibit A
Scope of Services
The Consultant’s Scope of Work, dated February 28, 2014, is attached and made
a part herewith.
Last revised 9-4-13 17
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 1 February 28, 2014
Phase 1 – Project Approval and Environmental Documents (PA&ED)
Task 1: Project Management.
The Consultant will manage the project by tracking the schedule, budget, QA/QC and value of the
products produced.
Our Project Management approach is highlighted by an aggressive strategy to identify and pursue
those critical, long lead time issues that need to be initiated early in the project development
process.
Work will include:
Continuous coordination with stakeholders such as the City, Caltrans, Coachella Valley
Water District, Private and Public Utilities, etc.
Budget preparation for each task and milestone tracking for the project
Monthly expenditure report preparation by task and milestone for the project
Project schedule planning including milestones, project activities and deliverables
Monthly progress reports accompanied by an invoice
Lead monthly project status meeting
Attend public outreach meetings
Preparation of a Project Management Plan
Monitoring critical path items in a proactive manner
Monitor long lead items such as Caltrans reviews and approvals, CVWD coordination, Utility
Relocations, RW acquisition and City review process
In addition to the PDT meetings with the project team, we will work hand-in-hand with our
Environmental Lead and City Staff, as needed to provide and exchange technical data and
environmental input. This proactive relationship will be essential to the success of the project.
Deliverables: Meeting Agenda, Exhibits, Deliverables Log, and updated project schedules
Task 2: Environmental Clearance (CEQA & NEPA)
This task will be completed in the following five subtasks in conjunction with the above task. The
environmental clearance will include those areas directly affected by the construction as well as
potential construction staging areas (top of the channels, vacant land at the southeast corner of the
project and City owned property to the north of the project along Dune Palms Road) that may be
utilized by the contractor in their construction operations.
Task 2.1 Project Kick-Off and Project Description. Our work program will be initiated with
an Early Coordination Meeting with the PDT that will define in accordance with the Caltrans PES
recommendations, the parameters of the analysis, scheduling and understanding of the project.
Based upon concept plan information and supporting data developed under separate engineering
tasks, Consultant will draft a preliminary project description for review and approval by City, District
8 staff, and other PDT members as determined necessary.
Task 2.2 Research and Investigation. Consultant will evaluate the necessary information
with respect to the proposed project. Project research will include coordination with appropriate
CITY departments to acquire relevant environmental data, previous studies for the area and other
available files, exhibits, maps and reference documents. The initial investigation will include a site
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 2 February 28, 2014
visit with Project Development Team (PDT) members, review of existing land uses and
environmental conditions and a photographic recording of on-site and surrounding uses.
Task 2.3: Preliminary Environmental Study (PES). In accordance with current Caltrans
Guidelines, Consultant will prepare a PES for the project in support of the engineering and design
services to be provided by the Consultant project engineer. Consultant will meet with City staff, the
Consultant project engineer, and Caltrans to define the project description and schedule and to
develop a mutual understanding of the issues and impacts of the project. During this task,
Consultant will review existing information and participate in a field review of the project site with the
Consultant project engineer, the City, and Caltrans. Consultant will prepare a draft PES form (using
the standard Caltrans form) prior to the site meeting with the Consultant project engineer, the City,
and Caltrans. The draft PES will be reviewed and revised, if necessary, per discussions at the field
meeting. Then, the PES will be submitted to Caltrans for signature and distribution to the project
team. Consultant’s technical staff will attend one field meeting (site visit) as required by Caltrans to
discuss possible environmental issues with its staff.
Task 2.4: Technical Studies. In accordance with Caltrans and FHWA current procedures and
guidelines, Consultant and others will prepare the required technical reports for the project, which
will be included as appendices to the environmental documentation. It is anticipated for this project
to obtain federal approval, the following technical studies will be required: Hazardous Waste Initial
Site Assessment; Cultural Resources, Noise Analysis, Traffic Study, Air Quality Report, Water
Quality Assessment, Floodplain Evaluation Report , Visual Impact Assessment, Land Use and
Community Impact Analysis, and Biological Resources/Natural Environment Study (NES) The
proposed scope of these environmental studies will be reviewed and confirmed with Caltrans at the
initial field review meeting. Consultant shall provide to the City and Caltrans the required number of
hard copies and PDF copy of all studies and documents for review and for project files. The
following technical studies will be prepared by Consultant:
(Biological) Natural Environment Study-Minimal Impact (NES-MI). Consultant will conduct a
literature review to assist in determining the existence or potential occurrence of sensitive plant and
animal species on the project site or in the vicinity. Federal and State lists of sensitive species and
current database records, including the California Natural Diversity Data Base (California
Department of Fish and Game, only the locality record numbers) and the California Native Plant
Society’s Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al.,
2007), will be examined. In accordance with Caltrans guidelines, Consultant will submit a letter to
the U.S. Fish and Wildlife Service requesting a list of threatened and endangered species known
from the project vicinity. The results of the records search will be summarized in a table and
included in the NES. The Biological Study Area (BSA) will be determined through coordination with
a Caltrans Biologist.
The fieldwork will be conducted by qualified Consultant biologists in order to document the
presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the
potential for occurrence of such resources that may not be detectable when the fieldwork is
conducted. The location of any sensitive biological resources present on site, including plants and
plant communities, will be mapped. For qualification of a NES-MI, certain criteria will apply:
Of limited scope and impact.
Minor A or B projects that do not require consideration of both context and
intensity
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 3 February 28, 2014
(a) Context. The significance of an action must be analyzed in different circumstances,
such as society as a whole (human, national), the affected region, the affected
interests, and the locality. An impact's level of significance varies with the setting
(context) of the proposed action. For instance, in the case of a site-specific action,
significance would usually depend upon the effects in the locale rather than in the
world as a whole. Both short-term and long-term effects are relevant.
(b) Intensity. The intensity of an impact refers to the severity of impact. Responsible
officials must bear in mind that more than one agency may make decisions about
partial aspects of a major action. The following should be considered in evaluating
intensity:
Not ordinarily intended for projects involving listed species.
May be used in conjunction with cumulative project impacts where the
biological issues are limited to those covered in the NES-MI.
If the project scope is expanded to a full NES, a revised scope and fee will be submitted to the City.
A jurisdictional delineation, described below, will be conducted as part of this NES-MI. Additional
focused surveys that may be required are described in the Potential Additional Technical Studies
section below.
Consultant will prepare an NES-MI that will include a description of the field methods used and the
results of the biological evaluation of the project area. The report will include a list of plant and
animal species present within the project area and a general description of the plant communities
occurring.
The proposed scope of services includes preparation of a draft NES-MI to be reviewed by (1) the
City of La Quinta, and (2) Caltrans.
Natural Environmental Study (NES). If required by Caltrans and authorized by the City,
Consultant will prepare an NES for the project. Biological documentation collected by the City for
the project, including results of focused surveys and general surveys conducted by Consultant,
would be reviewed and summarized in the NES. A list of species expected to occur at the projects
would be obtained from the U.S. Fish and Wildlife Service through the project coordinator at
Caltrans District 8. A list of potential sensitive biological resources for the project and other
biological issues that would need to be addressed would also be obtained from the project
coordinator at Caltrans. Consultant Biologists will conduct an updated literature review of species
that have been recorded as occurring near the projects within the California Natural Diversity Data
Base and the California Native Plant Society’s online inventory.
Consultant will conduct a field visit to characterize the existing biological resources on-site that may
be affected by project construction and to conduct a survey for sensitive plant species. This survey
would be conducted on foot, at a time of day that is conducive to making wildlife observations and
during a time at which plant species are most likely to be detectable. To the extent practicable, the
field work would be conducted concurrently with the jurisdictional wetland delineation field work or
other studies to maximize the efficient use of resources.
Using the existing public data, results of the field work and any additional data collected, Consultant
will compile a biological profile of the project area. The profile will characterize biological
constraints of the project and describe the Biological Study Area (BSA).
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 4 February 28, 2014
If determined to be necessary based on the field findings, Consultant biologists will begin
consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish
and Wildlife (CDFW) representatives. During the consultation, Consultant will provide the agencies
a description of the proposed project and the results of the literature review and survey work. All
communication with the agencies will be documented in writing for reference within the NES.
Should the consultation with the agencies result in unforeseen focused surveys being
recommended, we may need to amend this task.
Consultant would prepare an NES for the project that describes the existing biological environment
at the project site, based on the results of new survey work and research conducted. The
document will incorporate any agency consultations that arise out of project coordination meetings.
The NES will be prepared concurrently with the CEQA document, being prepared by others, and
will be consistent with both that document and any associated technical studies. The NES would
clearly identify the BSA, along with any project impacts, temporary and permanent, and proposed
project mitigation measures for biological resources. The NES will also incorporate the most
current engineering design and full project description and conform to the standards of Caltrans
District 8. ECORP assumes one draft report, followed by one round of review by both the City and
Caltrans District 8, and preparation of a final report based on those comments.
Focused Surveys for Special Status Species. Based on the results of a preliminary literature
review, the proposed project may have potential effects to the following special status species:
Coachella Valley and triple-ribbed milk vetch (federally endangered) (spring
survey period)
Burrowing owl (State species of special concern) (no timing restrictions on
surveys)
Palm Springs round-tailed ground squirrel (federal candidate/State species of
special concern) (late spring/early summer survey period).
If the general biological field survey reveals that suitable habitat is present for the above species, or
any other species identified during the preparation of the NES-MI, then additional surveys may be
required in order to determine the presence or absence of such species. The scope of these
surveys would be dependent on the extent of habitat to be surveyed for a particular species, and
coordination with the U.S Fish and Wildlife Service (USFWS) and/or California Department of Fish
and Game (CDFG) as appropriate. Since the scope and nature of the surveys has not yet been
determined, the cost for focused surveys cannot be accurately estimated. However, an estimate of
costs has been included based on a two-acre focused survey study area for each species listed
above. In the event that sensitive species are found and the criteria for a NES-MI does not apply, a
revised scope and fee for a NES will be submitted to the City. The revised scope will include any
sensitive resources that are found on the site, In this case Consultant will prepare a NES that will
include a graphic displaying the location of the sensitive plant communities on site and any
sensitive biological resources observed. Tables describing sensitive species and their habitats that
are present or potentially present will also be provided in the report. This report will also identify and
assess project impacts on the existing biological resources, including any sensitive species.
Mitigation measures will also be included as necessary. These mitigation measures may be
conceptual (i.e., specific restoration plans are not included in this scope).
Consultant will prepare letter reports summarizing the results of any necessary focused surveys.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 5 February 28, 2014
If threatened or endangered species may be affected by the project, coordination with the USFWS
and CDFG will be required for compliance with the Federal/State Endangered Species Acts that are
not included in this scope of work.
Endangered Species Act Biological Assessment. In the event that endangered species (i.e.,
Coachella Valley milk-vetch or triple-ribbed milk-vetch) or critical habitats are present and this work
activity is authorized by the City, Consultant will be available to provide assistance with the
Endangered Species Act Section 7 Consultation process, including preparation of the Biological
Assessment, attendance at meetings, coordination with the project team, responding to information
requests from the U.S. Fish and Wildlife Service, and researching mitigation options. Assistance
with the Section 7 Consultation process, if necessary, is an additional task and is not included in the
proposed scope of services; this task is identified for informational purposes only. Until the field-
work and NES-MI have been completed, the cost for preparation of a Biological Assessment and
associated Section 7 Consultation services cannot be accurately estimated.
Jurisdictional Delineation. Consultant will complete a focused wetland delineation according to
the Corps 2006 Interim Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Arid West Region, the new currently accepted methodology. Consultant anticipates that a
routine delineation, tailored to the site characteristics, will be adequate. If the City has access to
photographs of the roadway during previous storm events, such information will be very useful.
Consultant also will complete a jurisdictional “waters of the U.S.” determination according to current
Corps standards.
The results of the delineation will be presented in a detailed report that will include mapping of any
wetland areas and jurisdictional areas. Please note the results of the delineation are subject to
verification by the Corps and CDFG, which verification will be conducted as part of this task.
Note: This task is needed for the IS. Further actions coordinating the delineation will be completed
while permitting the project.
Cultural and Paleontological Resources. The purpose of the project’s cultural and
paleontological studies will be to comply with applicable laws, notably the California Environmental
Quality Act (CEQA), National Environmental Policy Act (NEPA), and the National Historic
Preservation Act (NHPA). Because compliance with NHPA is accepted by the State as evidence of
CEQA compliance, our approach will be to implement the consultation process specified in the
NHPA regulations (36 CFR 800) by following the detailed guidance set forth in Caltrans’ Standard
Environmental Reference, Vol. 2: Cultural (SER). This will also result in NEPA compliance with
respect to cultural and paleontological resources. Because the Federal Highway Administration
(FHWA) has delegated to Caltrans its responsibilities for compliance with NHPA Section 106 as it
pertains to administration of the Federal-Aid Highway Program in California, notably the Federal
Bridge Replacement Program, our performance of the work specified in the SER will ensure that
Caltrans, and thus FHWA, fully meets its obligations under NHPA and NEPA with regard to the
project’s potentially significant cultural and paleontological resources.
Upon award of the contract and in coordination with Caltrans District 8 Professionally Qualified Staff
(PQS) and the District Local Assistance Engineer, we will define the project’s Area of Potential
Effects (APE) for paleontological, archaeological, and built environment resources and prepare a
draft APE map for Caltrans approval.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 6 February 28, 2014
Archival and library research will also be completed to determine the existence of previously
recorded cultural and paleontological resources within the project boundaries plus a one mile radius
of the proposed project site. Records pertaining to paleontology will be searched at the
Department of Earth Sciences, San Bernardino County Museum and in published sources. In
addition, geological maps and paleontological literature will be reviewed. Records and historical
maps pertaining to archaeology and history will be searched at the Eastern Information Center,
housed at the University of California, Riverside.
A record search for sacred lands will be requested from the Native American Heritage Commission.
In addition, we will send subsequent letters to all Native Americans the Commission recommends
be contacted to ascertain if known Native American archaeological resources are present within or
immediately adjacent to the proposed project site. Likewise, local historic preservation groups will
also be contacted by letter to solicit any information regarding historical properties within or
immediately adjacent to the proposed project site. This background research will be required to
provide brief contexts for evaluating potentially significant cultural and paleontological resources
that may be affected by the proposed project.
An intensive field survey of the project APE will be completed and all potentially significant
archaeological, historical, and/or architectural properties will be fully documented on the appropriate
State of California Department of Parks and Recreation Site Record Forms. Any cultural resources
observed will be photo documented and their location recorded using a high resolution GPS device
(Trimble). Two people can complete the survey in one day including travel.
In accordance with Caltrans’ SER, deliverables at the completion of our studies will be a Historic
Properties Survey Report (HPSR) with an appended Archaeological Survey Report (ASR). A
combined Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER)
will also be prepared as part of the project. Project-specific mitigation pertaining to cultural and
paleontological resources will also be recommended as appropriate in the HPSR and PIR/PER.
Finally, and in consultation with Caltrans District 8 PQS and the State Historic Preservation Officer
(SHPO), a Finding of Effect (FoE) report will be prepared which will Concur on No Effect, No
Adverse Effect with Standard Conditions.
Deliverables:
Draft HPSR, Draft ASR, and Draft PIR
Final HPSR, Final ASR, and Final PIR
Comments will be addressed until final approvals are obtained
Air Quality Report. Consultant will prepare an air quality analysis per Caltrans and the South
Coast Air Quality Management District’s (SCAQMD) CEQA regulations for the Salton Sea Air Basin
(SSAB), NEPA, CEQA, and FHWA requirements and guidelines, as well as consultation with
Caltrans staff. The following outlines the analysis that will be prepared for inclusion into the air
quality technical study:
Carbon Monoxide Screening. At the local level, Carbon Monoxide (CO) concentrations will be
analyzed per the methodology contained within the Transportation Project Level Carbon Monoxide
Protocol (UCD-LTS-RR-97-21) developed by the Institute of Transportation Studies.
Particulate Matter Hot Spots. As of March 10, 2006, future qualitative PM2.5 and PM10 hot-spot
analyses should be based on the Transportation Conformity Guidance for Qualitative Hot-Spot
Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas, which was adopted on March
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 7 February 28, 2014
2006. The PM10 Interagency Consultation Form will be prepared and submitted to the Southern
California Association of Governments Transportation Conformity Working Group. The findings of
the interagency consultation will be documented in the Air Quality Report.
Mobile Source Air Toxics (MSAT). Given the emerging state of the science and of project-level
analysis techniques, there are no established criteria for determining when MSAT emissions should
be considered a significant issue. Consultant will utilize the FHWA tiered approach for analyzing
MSATS. The MSAT analysis will address benzene, formaldehyde, acetaldehyde, diesel particulate
matter/diesel exhaust organic gases, acrolein, and 1,3-butadiene.
Air Quality Management Plan Consistency. A review of the project’s consistency with the Southern
California Association of Governments Regional Transportation Plan will be performed to verify if
the project meets Federal Conformity requirements as set forth by the Clean Air Act Amendments.
An examination of the projects regional impacts will be provided in the Technical Air Quality
Assessment.
Construction Emissions. Air quality impacts from grading and construction sources will include the
equipment used, length of time for a specific construction task, equipment power type (gasoline or
diesel engine), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions
from worker commutes and equipment travel will also contribute to the construction emissions.
Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles,
grading operations, and vehicles traveling on paved and unpaved roads. Consultant will
qualitatively evaluate the construction emissions commensurate with available project-specific
information. Standard measures for construction activities recommended by the SCAQMD will be
identified and incorporated as part of the project’s standard conditions. Additionally, the analysis will
address Caltrans Standard Specifications for Construction.
Naturally Occurring Asbestos. Consultant will qualitatively assess naturally occurring asbestos
based upon a review of the United States Geologic Survey (USGS) Preliminary Geological Map.
The review will determine whether the site is underlain by Serpentine and Peridotite deposits.
FHWA Conformity. In August 2007 the California Department of Transportation (Caltrans) began
requiring a specialized Federal Conformity Analysis and Checklist for all projects, which had
Federal funding or involvement. Based on this new submittal requirement, consultant will complete
the Conformity Analysis Documentation and prepare additional air quality documentation for
submittal to FHWA.
Pursuant to recent guidance from FHWA and Caltrans, separate air quality documentation is
required for FHWA review and approval. Additionally, FHWA requires a separate standalone Air
Quality Assessment document, focusing only on conformity provisions of the Clean Air Act
Amendments (CAAA). The additional FHWA documentation includes the Conformity Analysis
checklist, which highlights criteria from the Code of Federal Regulations (40 CFR 93.102 through
93.123) and US DOT and EPA Guidance.
Pursuant to the State Assumption of Responsibilities section of the Environmental Streamlining Act
(Section 6005) of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFTEA-LU) the following issue areas will be addressed within the Conformity Analysis
Documentation Checklist and standalone report:
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Exhibit “A”
Page 8 February 28, 2014
Document the applicable pollutants and precursors for which EPA designates the area as
nonattainment or maintenance. Describe the nonattainment or maintenance area and its
boundaries.
Document whether a new conformity determination is required;
Document which conformity criteria apply based on the proposed action, relevant pollutants,
and the status of the implementation plan;
In CO, PM10, and PM2.5 nonattainment and maintenance areas, document that the hot-
spot test required by 93.116(a) and, as applicable, 93.11(b) are satisfied;
Document the use of latest planning assumptions (source and year) at the “time the
conformity analysis begins,” including current and future population, employment, travel and
congestion;
Document the use of the most recent available vehicle registration data;
Document assumptions for current and future background air quality concentrations;
Document the use of the latest emissions model approved by EPA;
Document fulfillment of the interagency and public consultation requirements outlined in a
specific implementation plan according to §51.390;
Include documentation of consultation on conformity tests and methodologies;
Document the name of the currently conforming RTP and RTIP and the date of the
FHWA/FTA conformity determination on those documents;
Document that the project is included in the regional emissions analysis for the RTP and
RTIP and that the project’s design concept and scope have not changed significantly;
Document that the project does not cause or contribute to any new localized particulate
matter or CO violations or increase the frequency of an existing violation during the
timeframe of the transportation plan (or regional emissions analysis). For particulate matter
non-attainment or maintenance areas, document whether the project was determined,
through interagency consultation, to be a “project of air quality concern” per §93.123(b)(1);
Document that the project eliminates or reduces the severity and number of localized CO
violations in the areas substantially affected by the project;
Document that the project complies with any PM10 or PM2.5 control measures in the
applicable attainment plan;
Document how the required procedures, including the Project-Level Carbon Monoxide
Protocol, were met for CO hot-spot analyses;
Document that the assumptions used in the hot-spot analyses are consistent with those
used in the regional emissions analysis;
Include written commitments, consistent with §93.125 or an approved conformity SIP, for
mitigation or control measures assumed in the hot-spot analysis; and
Document the length of the project construction period and whether or not construction
emissions were considered in the hot-spot analysis.
Consultant will evaluate the proposed project’s impacts to long-term mobile source air toxics
(MSAT) using the Interim Guidelines on Air Toxic Analysis in NEPA Documents (FHWA, February
2006). In addition, Consultant will discuss the proposed project’s impact on global warming and
climate change.
Construction would occur during implementation of the proposed project. Air quality impacts from
demolition, grading, and construction sources will be analyzed based on the equipment used,
length of time for a specific construction task, equipment power type (gasoline or diesel engine),
equipment emission factors approved by the EPA (AP-42 Handbooks), horsepower, load factor,
and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
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travel will be calculated based on available information regarding these activities. Fugitive dust
(PM2.5 and PM10) emissions would result from wind erosion of exposed soil and soil storage piles,
grading operations, and vehicles traveling on paved and unpaved roads. Emissions associated with
asphalt paving will be calculated when specific data are available. Emission factors included in the
SCAQMD's CEQA Air Quality Handbook will be used for construction dust emission estimates.
These emissions will be calculated based on construction information available and provided to
Consultant.
Deliverables:
Draft AQR
Final AQR
Comments will be addressed until final approvals are obtained
Noise Impact Analysis. Consultant will prepare a Noise Impact Analysis assessing the project’s
potential effects on existing and future noise conditions. Consultant will review applicable State
(Caltrans), City of La Quinta (City), and land use compatibility criteria for the project area. Noise
standards regulating impacts, including the Caltrans Noise Abatement Criteria (NAC); standards
included in the City Noise Ordinances will be discussed for land uses adjacent to the project. Using
land use information, aerial photographs, and field reconnaissance, Consultant will identify areas
with potential future noise impacts and will include a discussion of any existing sensitive uses in the
project vicinity. Existing roadway traffic noise will be calculated as baseline conditions, using traffic
data included in the traffic study for the proposed project.
Construction Noise Impacts. Construction would occur during implementation of the proposed
project. Consultant will analyze noise impacts from construction sources based on the equipment
expected to be used, length of specific construction task, equipment power type (gasoline or diesel
engine), horsepower, load factor, and percent of time in use. EPA-recommended noise emission
levels will be used for the construction equipment. The construction noise impacts will be evaluated
in terms of maximum noise levels (dba Lmax), and the frequency of occurrence at adjacent sensitive
locations. Analysis requirements will be based on the sensitivity of the area and the Noise
Ordinance specifications of the City.
Initial Site Assessment (ISA). Consultant will prepare a Hazardous Waste Initial Site Assessment
(ISA) in accordance with Caltrans guidelines and in general accordance with the American Society
of Testing and Materials (ASTM) Designation E 1597-05, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process. The following tasks will be
conducted as part of this evaluation:
Consultant will conduct an agency records database search to identify hazardous waste
sites located within and in the vicinity of the study area and classified as hazardous waste
under State law. The records search will also identify business types located within and in
the vicinity of the study area that store, transfer, or use large quantities of hazardous
materials. This information will be obtained from records maintained by federal, State and
local agencies. Consultant will utilize a database service to perform this search.
Historic land use information for the study area will be reviewed to determine whether
previous uses in the project area may have resulted in hazardous waste contamination. This
information may include historic aerial photographs, historic USGS maps, Sanborn Fire
Insurance Maps, Oil and Gas maps, groundwater depth/flow data, City directories, County
Assessor’s data, and building permits.
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Exhibit “A”
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Consultant will conduct a visual survey of the study area via public right-of-way to identify
any obvious areas of hazardous waste contamination.
If hazardous waste sites are identified within the study area (via governmental records
and/or the visual survey), Consultant will review available public records for up to three
parcels at the appropriate oversight agency to determine the potential impact to the project.
Consultant will prepare a report that presents findings and recommendations based on the
site survey and historical records review.
This scope of work does not include review of private records or interviews with private property
owners.
Land Use and Community Impact Assessment. Consultant will prepare a Community Impact
Assessment (CIA) in accordance with the guidelines found in the FHWA Technical Advisory
T6640.8a and Caltrans Community Impact Assessment Handbook (1997). Based on the scope of
the project as presented in the RFP, relevant discussions of socioeconomic impacts might be
included in the IS without a separate report. The CIA will evaluate the proposed project's
socioeconomic impacts utilizing current demographics and current assessor parcel information and
complying with guidelines provided in the Caltrans community impact assessment handbook (June
1997). The CIA will provide a description of existing land use, housing, employment, and population
conditions near the project site. The discussion of socioeconomic impacts shall address the
potential impacts on the residential population and local business community, including land use
compatibility, neighborhood cohesion, tax revenue loss, and employment impacts. Socioeconomic
impacts are anticipated to be minor considering the nature of the proposed property acquisitions.
The CIA shall also address the project's consistency with relevant local, regional, and state
regulations and plans. The CIA will also address environmental justice considerations. A summary
will be included identifying the conclusions of the draft relocation impact statement.
Recommendations to avoid, minimize, or mitigate potential socioeconomic impacts shall be
identified where feasible.
Deliverables:
Draft CIA
Final CIA
Comments will be addressed until final approvals are obtained
Water Quality Assessment (WQA). Consultant will prepare a Water Quality Assessment (WQA)
for the proposed project. The study will: (1) identify the sources of sediment and other pollutants
affect the quality of storm water discharges and (2) to describe practices to reduce sediment and
other pollutants in stormwater discharges generated from the construction site. Standard control
measures will be recommended. The WQA will provide a preliminary broad overview of available
methods to reduce sediment, pollutants, and other construction related debris from impacting
stormwater quality.
Deliverables:
Draft WQA
Final WQA
Comments will be addressed until final approvals are obtained
Traffic Technical Memo Analysis. Consultant will conduct a traffic analysis for the Dune Palms
bridge improvements. Consultant will collect AM and PM peak hour intersection counts and will
collect 24 hour traffic counts. Based on the traffic data, level-of-service calculations will be
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 11 February 28, 2014
generated for the intersections existing and future average daily trips (ADTS) will be generated. The
Dune Palms bridge improvements are not capacity increasing, therefore no traffic mitigation is
anticipated and a traffic technical memo is expected to adequate.
Deliverables:
Draft Traffic Technical Memo
Final Traffic Technical Memo
Comments will be addressed until final approvals are obtained
Visual Technical Memo. A Visual Technical Memo (VTM) should be considered for every project
that has the potential to change the "visual" environment. The level of assessment for the VTM can
range from "no formal analysis" to a "complex analysis" and is determined by many factors such as:
numbers of viewer groups affected; existence of scenic resources; degree and totality of the
proposed changes in the visual environment; local concerns or project controversy; and cumulative
impacts along the transportation corridor.
In order to establish the need and level of study for a VTM, a preliminary evaluation is performed to
determine if the project will cause any physical changes to the environment. Projects that replace or
rehabilitate existing facilities (e.g., pavement overlay, striping, sign replacement), and do not
constitute a change in character to those facilities, will not require a formal analysis. This
preliminary evaluation includes activities such as conducting a site visit to inventory the scenic
resources of the project site, estimating potential changes to that character, and identifying viewer
groups and public concerns or opposition to the proposal.
The intent of the screening is to formally document that a full VIA is not required for the project or to
utilize the screening analysis as the scenic resource evaluation should no scenic resources be
identified. The Consultant team has had significant success with this approach on projects similar in
scope; however, this approach is ultimately subject to approval by the Department.
Deliverables:
Draft VTM
Final VTM
Comments will be addressed until final approvals are obtained
Floodplain Encroachment Report. Summary Floodplain Evaluation Report will be prepared
based on the findings of the local hydraulic study and the hydraulic modeling of the proposed
project. The report will detail the project description; alternatives to encroachment; impacts of the
project on incompatible development; impacts of the project on natural and beneficial floodplain
values; and measures to minimize floodplain impacts. This report will be prepared using the
Summary Floodplain Encroachment Report format provided in the Caltrans Standard Environmental
Reference (SER).
Deliverables:
Draft Floodplain Evaluation Report
Final Floodplain Evaluation Report
Comments will be addressed until final approvals are obtained
Task 2.5: Categorical Exclusion/Initial Study
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Exhibit “A”
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Draft Preliminary Environmental Evaluation. Working in consultation with the relevant agencies,
Consultant will prepare a draft statement of NEPA purpose and need, along with the CEQA Project
Objectives. In cooperation with the agencies and the project engineer, Consultant will use the
project description for each of the alternatives to be considered to meet the purpose and need. The
establishment of purpose and need along with the project description are critical to the success of
the project. The purpose and need/project objectives will require approval by the City and Caltrans.
This scope of work is based upon a no-build and one build alternative.
Consultant will prepare separate environmental documents for CEQA and NEPA compliance. A
Categorical Exclusion (CE) per Caltrans and FHWA guidelines and an Initial Study (IS) per the City
of La Quinta; its format will be determined in discussions with the agencies.
Final Preliminary Environmental Evaluation. Consultant will incorporate the City and Caltrans
comments into the Environmental Evaluation.
Screencheck Draft Environmental Document. Consultant will incorporate the purpose and
need/project description from prior task(s) and the technical studies into the screencheck document.
Based upon available data, Consultant will prepare sections for land use, public safety, public
services, recreation, and utilities. Consultant will rely on Consultant’s engineering support to obtain
the geotechnical and hydrology along with their biologist information. The separate CE and IS will
determine the following:
Whether the project will have any significant adverse effects on the environment under both
State and federal standards
What potential mitigation measures are appropriate for such impacts
Whether the mitigation measures reduce all impacts below a level of significance
Consultant will provide the Screencheck of the IS to agencies for review and comment, then revise
it in response to the agencies’ comments; then, a revised Screencheck IS will be provided to the
agencies for review and comment, and it will be revised again in response to the agencies’
comments.
Draft Environmental Document. Based on the previous task, Consultant will draft the IS for public
review. The critical objective of the IS will be to provide the general public and responsible agencies
with the means to participate in the environmental process via written comments on issues
addressed in the IS. Consultant will prepare the requisite public notices under State and federal
law for distribution of the IS. Consultant will prepare the requisite number of copies of the
document itself, accompanied by its technical documents; most copies likely will be in a CD format.
Consultant will coordinate the preparation of the distribution list with the City and Caltrans, and the
firm assumes that the agencies will distribute the document.
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Exhibit “A”
Page 13 February 28, 2014
Responses to Comments. At the close of the public review period for the IS, Consultant would
meet with City staff to review any received comments on the IS and to discuss potential responses
to these comments. Then, Consultant would formulate responses to the comments and submit the
response document to the agencies for review and comment. The agencies’ comments will be in-
corporated into the Response to Comments document, which will be submitted to City as an
appendix to the IS. Consultant would also prepare the draft Mitigated Negative Declaration (MND)
Sheet for attachment to the IS.
Mitigation Monitoring Program/Environmental Commitments Record. Prior to Caltrans and City
approval of the proposed project, Consultant will prepare a mitigation monitoring
plan/environmental commitments record, including monitoring forms, to assist the City in
implementing the mitigation measures contained in the MND.
Final Administrative Record. Prior to Caltrans action on the CE and City action on the MND,
Consultant will assist the City and Caltrans to prepare appropriate findings and the Administrative
Record.
Final Environmental Process. Following public review of the IS, a Mitigated Negative Declaration
(MND) will be prepared by Consultant. The final steps in the NEPA process are dependent on
Caltrans/FHWA procedures and any agreements with the cooperating agencies. The most likely
outcome is the preparation of a CE. Consultant has included a lump sum budget amount for the
completion of the federal process that would include preparation of the Environmental
Commitments Record for Caltrans use.
Deliverables:
Screencheck Draft IS/MND
Final Draft IS/MND
Copies for IS/MND Public Review (Assumed up to 65 copies)
Final IS/MND
Task 3: Utility Coordination
Consultant will review existing utility data available from the City and utility owners surrounding the
project area.
Utility Outreach. Early in the project, immediately following the Kick-Off Meeting, Consultant will
prepare Utility Information Request letters to be sent to various utility companies, along with the
base plans, requesting the utility facility maps (“Atlas Maps” and Record drawings) and needs to
accommodate future utility within the project limits. The initial outreach to the Utility Companies will
also request any prior rights information each utility may have in the project corridor. This
information will be used to prepare the Right of Way Exhibit that will be used to certify the Right of
Way through Caltrans.
Utility Verification Letters and Conflict Identification. Consultant will write Utility Verification
letters requesting final verification to clearly identify conflicts with the proposed design.
Utility Potholing and Data Collection. Consultant will show the location of utilities which will
require potholing, if any, on the utility sheets and prepare an exhibit for use to identify utility status
within the project area. Consultant will coordinate the potholing requirements with City Staff based
upon this exhibit. Final utility status will be compiled into a basemap for use throughout the project.
At this time the Consultant anticipates up to six potholes will be provided for the project.
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Exhibit “A”
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Utility Coordination Documentation. From the start of the project, all utility information including
project contacts, correspondence dates, meeting minutes and other coordination will be maintained
in a three ring binder. The first sheet on the inside cover will contain a matrix of each utility
company, contact name, and dates of milestone coordination efforts. A copy of the final utility
coordination binder will be provided to the City at the project bidding phase of the project.
Deliverables:
Utility company correspondence log and maps
Utility basemap
Utility pothole exhibit
Utility Coordination Binder
Task 4: Topographic Base Mapping.
Consultant will utilize the City provided aerial mapping of the proposed project) along Dune Palms
Road. The Consultant will obtain aerial topographic data along the CVSWC 1,500 feet up and
downstream of the proposed bridge crossing which will be used in the analysis of the channel
hydraulics and merge this data with the City provided Dune Palm topo file. Consultant shall obtain
additional roadway topography to include features within the Right of Way and beyond to locate
existing facilities, including but not limited to existing utility manholes, valves and above ground
structures, and top of any manhole cone, rim and invert elevations, obscured areas, other hard
scape features that may be affected by the new roadway construction limits. In addition, Consultant
will also provide field surveying to obtain accurate elevations on the existing top of curb and gutter
for use in verifying or redefining the profile of Dune Palms. Additionally, field topographic data
collection will obtain data to provide adequate information for runoff and drainage analysis, provide
ample detail and range for detailed design and quantity estimating, and conduct appropriate
hydrology studies.
Deliverable:
Topographic base mapping
Task 5: Geotechnical Studies.
Consultant will provide geotechnical engineering (including geotechnical seismic design) services
for the subject. The scope of work for our geotechnical services will be developed and executed in
accordance with procedures included in Exhibit 11-C, Foundation Investigation for Design (of
Bridge Structures) of the current Caltrans Local Assistance Procedure Manual (LAPM).
Geotechnical engineering services will be provided in accordance with Caltrans’ current policy,
procedures, standards and specification documents, including but not limited to:
AASHTO LRFD Bridge Design Specifications, 4th Edition (2007) with Caltrans California
Amendments.
Seismic Design Criteria (2013)
AASHTO Guide Specifications for LRFD Seismic Bridge Design. 2nd Edition with 2012 and
2014 Interim Revision.
Bridge Memo to Designers MTDs, specifically 1-35, 4-1 and 3-1
Corrosion Guideline (2012), 2nd Edition
Caltrans Soil and Rock Logging, Classification, and Presentation Manual (2010)
Foundation Report Preparation for Bridges
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Exhibit “A”
Page 15 February 28, 2014
Caltrans ARS Online (v2.2.06)
Where necessary, Consultant will supplement Caltrans procedures with the applicable AASHTO,
ASTM, FHWA and NCHRP guidelines, procedures and standards.
Per Caltrans MTD 1-35Consultant will prepare the following geotechnical reports for this project:
A Structure Preliminary Geotechnical Report (SPGR)
A Preliminary Foundation Report (PFR), and
A Foundation Report (FR)
Based on the Request for Proposal (RFP), Caltrans Work Breakdown Structure (WBS) and the
MTD 1-35, the following geotechnical reports will be prepared during this phase of the project
planning and design:
A Structure Preliminary Geotechnical Report (SPGR), and
A Preliminary Foundation Report (PFR)
Structure Preliminary Geotechnical Report (SPGR). The SPGR will be prepared to aid in the
completion of the PA&ED and the Advanced Planning Study Report. The SPGR will include, but not
limited to, the following initial geologic and geotechnical conditions assessment information:
Subsurface conditions
Geologic hazards
Seismic Information -Fault rupture potential -Design Peak Bedrock Acceleration (PBA) -
Design earthquake magnitude (M) -Soil Profile Type -Potential for liquefaction, lateral
spreading and other secondary seismic hazards
Feasible foundation type(s) for site
Potential construction issues
Initial corrosion evaluation
Identification of potential for Foundation Load Test(s)
The SPGR will be prepared based on review of the initial project requirements, site reconnaissance
visits, collection and review of relevant and available existing geologic and geotechnical information
for nearby improvements, specifically the nearby Adams Street Bridge.
Site Geotechnical Exploration. The subsurface exploration will include: (a) development of a site
exploration plan, (b) marking exploration locations at the field and clearing with the Underground
Service Alert and obtaining necessary permit(s), (c) field exploration, and (d) laboratory testing.
Field Exploration. Proposed field exploration consisted of drilling five (5) exploratory borings.
Three (3) exploratory borings will be drilled to depths of 100 to 120 feet below existing grade,
unless refusal is encountered at shallower depths. The two (2) additional borings will investigate
the soils below the bridge approaches and each will be drilled to a depth of forty feet (40’) below
grade.
Field exploration will include Standard Penetration Testing (SPT) and collection of samples utilizing
a California Modified sampler from selected depths; generally at 5 foot intervals for the upper 50 to
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Exhibit “A”
Page 16 February 28, 2014
100 feet, and 10 to 20 foot intervals below depending on the soil types and groundwater conditions
(if any) encountered during drilling.
The borings will be logged by an Engineering Geologist and both disturbed and undisturbed
representative soil samples will be collected and transported to the laboratory for testing.
Laboratory Testing. Consultant will develop a laboratory test plan based on the project need and
the site-specific subsurface conditions. These tests may include, but not limited to:
Moisture-Density tests
Sieve analysis and hydrometer tests
Atterberg Limits tests
Compaction test
Direct shear tests
Consolidation test
Triaxial tests
Soil corrosion tests
Soil Collapse test
Soil Expansion tests
Sand Equivalent test
R-value tests
All tests will be performed in accordance with the applicable State of California, ASTM and/or
AASHTO Standard Test Methods. Adequate number of representative samples will be tested;
results analyses will be interpreted for uses in the analysis and design, and incorporated in the
Foundation Report that will be prepared during Phase II.
Preliminary Foundation Report (PFR). The PFR will be prepared to aid in the preparation of the
Bridge Type Selection Report with General Plan and Foundation Plan, the channel hydraulic
analysis report, and the preliminary street plan and profile (35% level).
The PFR will be prepared based on site-specific geotechnical exploration, which will include, but not
limited to:
Subsurface conditions, including groundwater
Geologic hazards
Seismic Information
-Fault rupture potential
-Design Peak Bedrock Acceleration (PBA)
-Design earthquake magnitude (M)
-Soil Profile Type -Recommended preliminary ARS curve
-Potential for liquefaction, seismic settlement, lateral spreading, slope failures or landslides
and other secondary seismic hazards
Appropriate foundation type (s) for site
Recommended foundation type(s)
Foundation constructability
Corrosion and/or hazardous waste evaluation
Deliverables:
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Exhibit “A”
Page 17 February 28, 2014
Structure Preliminary Geotechnical Report (SPGR) with the PSR
Preliminary Foundation Recommendations Report (PFR) with the Type Selection Report
Task 6: Location Hydraulic Study
The information developed for the Hydrology and Hydraulics Study will be used to prepare the
Location Hydraulic Study of the project. The information will be presented in a specific tabular form
and will be used in the environmental document.
Guide Lines for the Location Hydraulic Study:
When a floodplain encroachment is anticipated, the Department or local agency prepares a
Location Hydraulic Study (LHS). The LHS (same as Figure 804.7A Technical Information for
Location Hydraulic Study located in Chapter 804 of the Highway Design Manual) is a preliminary
study of base floodplain encroachments and must be performed by a registered engineer with
hydraulic expertise.
If an increase in the base floodplain elevation (BFE) is anticipated, a hydraulic computer model
must be run to determine the amount of increase in order to determine the floodplain encroachment
impacts.
CVWD’s design standard for the Coachella Valley Stormwater Channel (CVSWC) is the Specific
Project Flood (SPF) of 82,000 ft3/sec, which is considerably higher than the FEMA 100-yr Flood
flow of 39,000 ft3/sec.
The minimum required content of the Location Hydraulic Study is prescribed in 23 CFR 650A,
Section 650.111(b)(c)(d) and it must include the following:
a) National Flood Insurance Program (NFIP) maps or information developed by the highway
agency, if NFIP maps are not available, are used to determine whether a highway location
alternative will include an encroachment.
b) Evaluation and discussion of the practicability of alternatives to any longitudinal
encroachments.
c) Discussion of the following items, commensurate with the significance of the risk or
environmental impact, for all alternatives containing encroachments and for those actions
which would support base floodplain development:
1. The risks associated with implementation of the action.
2. The impacts on natural and beneficial floodplain values.
3. The support of probable incompatible floodplain development.
4. The measures to minimize floodplain impacts associated with the action, and
5. The measures to restore and preserve the natural and beneficial floodplain values
impacted by the action.
6. Location studies must include evaluation and discussion of the practicability of
alternatives to any significant encroachments or any support of incompatible
floodplain development.
7. The studies required by Sec. 650.111 (c) and (d) must be summarized in
environmental review documents prepared pursuant to 23 CFR part 771.
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Local, state, and federal water resources and floodplain management agencies should be consulted
to determine if the proposed highway action is consistent with existing watershed and floodplain
management programs and to obtain current information on development and proposed actions in
the affected watershed.
Deliverable:
Location Hydraulic Study
Task 7: Channel Hydrology and Hydraulics Study
As part of the project development process, where the bridge is crossing over a waterway, a
detailed analysis of the floodplains is necessary to properly plan and prepare for potential flooding
conditions.
Consultant will prepare the draft Hydrologic and Hydraulic Study for the project per CVWD’s
Development Design Manual, accepted principles outlined by FEMA, and the district standard for
the SPF.
Discharge Estimate
Defining Study Reach
Duplicate Effective Model
Corrective Effective Model
Existing or Pre-Project Effective Model
Proposed or Post Condition Model
Recommendation for Bridge Profile
Recommendation of Bank Protection and Scour Measures
Consultant will review the information available to the City pertaining to the previous studies done
for the CVSWC regarding design discharge, scour potential, channel capacity improvement plan,
channel historical maintenance log. The channel Hydrologic and Hydraulic Study shall be
standalone specific to the bridge. The information provided in the study will be vital to the
successful performance of the entire project and source of key information for urban development.
A “baseline” hydraulic model will be developed utilizing HEC-2 or HEC-RAS, which is representative
of the existing channel configuration. The existing hydraulic model will establish the baseline
hydraulic parameters which are representative of the average channel characteristics. Geometric
data for the floodplain analysis will be based upon digital topographic mapping and supplemented
with field surveyed cross sections.
Deliverable:
Hydrologic and Hydraulic Study
Task 8: General Plan and Bridge Type Selection Report
Consultant will prepare the draft bridge General Plan and Draft Structure Type Selection (STS)
Report. The Structure Type Selection Report will be developed to present design features of the
bridge in a format similar to Caltrans’ Memo to Designers, Section 1-29.
The consultant will perform calculations to determine structure foundations and dimensions. The
report will focus on critical design constraints, assumptions, costs, hydraulics, and foundation
recommendations. The final Bridge Type Selection report will be submitted for review and
authorization to proceed to final design. The STS report will review and analyze the overall bridge
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Exhibit “A”
Page 19 February 28, 2014
construction staging for the project, i.e. one bridge section or the full bridge built one half at a time.
The Consultant will provide a review copy of the General Plan and Bridge Type Selection Report to
the City. Following receipt of any comments, Consultant shall submit revised STS Report to
Caltrans for review and concurrence.
Deliverables:
Bridge Type Selection Report (Draft and Final)
Foundation Plan
Task 9: Preliminary Design Plans
Consultant will prepare the Preliminary Design Plans depicting the geometry of the proposed
roadway. The 35% plans will be prepared over the topographic base mapping. We anticipate the
Roadway Plans will include the following:
Title Sheet
Typical Cross Sections: Dune Palms Road & CV Link
Plan and Profile of Dune Palms Road
Plan and Profile Concept of CV Link path connections
Wall Plan and Profile (Abut 1, west side)
Conceptual Striping
Utility Plan (Existing Utilities)
Consultant will prepare plans at 40 scale (1”=40’) where applicable. Signing and Striping Plans will
include all new/existing signs and striping, pavement markings, pavement legends, sign and striping
removals. At the project limits, Consultant will reference in existing striping based on topographic
information and field review.
Consultant shall prepare Right of Way exhibits depicting the ownership of the lands within and
surrounding the proposed project corridor. These exhibits will be used during the Right of Way
Certification process as well as assisting in the determination of prior rights with all utility
companies.
Deliverable:
35% Plans (3 copies for City Review)
Right of Way Exhibits
Task 10: Preliminary Engineer’s Estimate.
Consultant will prepare a preliminary cost estimate of the proposed improvements based upon the
approved preliminary design plans, the Bridge Type Selection Report, utilizing the current edition of
the Caltrans Contract Cost Data Book for unit costs. The preliminary cost estimate will include
construction items, utility relocations, right-of-way, and water quality measures.
Deliverable:
Preliminary Engineer’s Estimate
Task 11: Preliminary Right of Way Cost Study.
The proposed bridge improvement design may require the acquisition or partial acquisition of
properties surrounding the project site.
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Exhibit “A”
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The Right of Way cost study will analyze the costs of the acquisitions from the affected parcels
considering the value of the land and improvements being acquired, whether the take will be a full
or partial take, and it will evaluate any severance damage and relocation costs that might be
caused by the proposed improvements.
The project cost study will estimate the probable costs of the real estate and associated damages,
the relocation exposure, business damages and goodwill exposure, and the myriad of incidental
costs that will be encountered along the project. At the 35% Plan stage, Consultant will ascertain
all relevant design plans available for review of project impacts and coordinate with Project Design
Team to review impacts and confirm impact assumptions.
The Scope of Work for the Cost Study includes:
1. Consultant will physically view each site and record appropriate data.
2. Online data of individual properties will be incorporated into field research, where necessary.
3. Field research data will be integrated into appropriate Consultant cost estimating formats.
4. Consultant Field Agent and Property Analysts will meet to discuss data and draw impact
conclusions and property remediation strategies. These initial property conclusions and
strategies will be reported to Design Team to consider opportunities for creative problem-
solving either in design or property remediation strategies.
5. Once property remediation and design assumptions are finalized and property impact
conclusions are confirmed, data is finalized into the approved cost estimating formats.
The scope of work will be performed and delivered in a report containing a textual description of the
project areas studied; a summary of total probable costs of the study area itemized by major
component, and will include detailed spreadsheets showing how the summary sheets were
calculated. The spreadsheets contain a parcel-by-parcel breakdown of all probable costs.
In the event that the acquisition program is to be phased or determined to be implemented at a
future date, formulized spreadsheets will be created which apply the appropriate cost escalation
factors to reflect the projected schedule. The final cost information determined from the
spreadsheet accumulation of data will then be transferred into the appropriate format for application
to the Right of Way Data Sheets or other format required by the project.
Deliverable:
Cost Estimate Worksheet for R/W
Phase 2 – Final Design
Task 1: Project Management.
The consultant will manage the project by tracking the schedule, budget and value of the products
produced.
Work will include:
Continuous coordination with stakeholders such as the City, Caltrans, Coachella Valley
Water District, Private and Public Utilities, etc.
Budget preparation for each task and milestone tracking for the project
Monthly expenditure report preparation by task and milestone for the project
Project schedule planning including milestones, project activities and deliverables
Monthly progress reports accompanied by an invoice
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Exhibit “A”
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Lead monthly project status meeting
Attend public outreach meetings
Preparation of a Project Management Plan
Monitoring critical path items of the project in a proactive manner
Monitor long lead items such as CVWD coordination, Utility Relocations, RW acquisition and
City review process
Our team will use the same approach as indicated in Phase 1, Task 1 to ensure project success
and ultimate delivery.
Deliverables: Meeting Agenda, Exhibits, Deliverables Log, and updated project schedules
Task 2: Environmental Permitting.
Consultant will obtain all necessary environmental (regulatory) permits for the project within the
CVSWC. Consultant will prepare and process applications for project permits required for
compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 401 permits are
under the regulatory authority of the RWQCB; Section 401 certifications are under the U.S. Army
Corps of Engineers (Corps); Section 1602 Agreements are under the California Department of Fish
and Game (CDFG). Section 7 Consultation falls under the regulatory authority of the U.S. Fish and
Wildlife Service (USFWS). Consultant shall provide to the City and and permitting agencies
required number of hard copies and PDF copy of all permits, studies and documents required for
review, submittal and for project files.
This scope is based upon the assumption that the project will qualify for a Corps Nationwide Permit.
Under the Nationwide Permit (NWP) program, no individual crossing (or multiple crossings of a
single watercourse) may exceed 0.5 acres of temporary or permanent impact. Based on a
preliminary field review, Consultant believes that the project would qualify for an NWP. The firm’s
permitting services include the following:
Coordination with Project Team. Consultant will coordinate with members of the project team to
review the anticipated permitting approach, discuss and identify any additional information needs,
and review the projected permitting schedules, mainly via telephone, mail, and fax, but up to six
team meetings also will be required. Objectives of the coordination will include identifying feasible
mitigation options and preparing for initial and final coordination with regulatory agencies.
Consultant will arrange meetings, prepare agendas and distribute minutes and other relevant
materials.
Initial Coordination with Regulatory Agencies. Consultant will schedule, arrange, and prepare
any necessary materials for a pre-application consultation with the involved agencies to describe
the proposed project, discuss permitting approach, and identify potential mitigation options.
Consultant will arrange meetings with representatives of the Corps and RWQCB. Consultant will
summarize and document the results of agency coordination and will submit this information in a
letter to the respective agencies, with copies to project team members.
Permit Applications. Based on the results of the jurisdictional determination and the outcome of
the initial coordination with the involved agencies, Consultant will prepare and submit the necessary
permit application materials. Consultant anticipates the following actions:
The Corps will provide Section 404 authorization under a NWP.
The RWQCB will issue Section 401 Water Quality Certification.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 22 February 28, 2014
The CDFG will issue a 1602 Agreement.
Note: The removal of the existing low water crossing in the channel, the construction of a bridge
and the removal of the existing fill materials will have a positive benefit to Waters of the United
States.
Section 401 Certification Application. Consultant will prepare permit applications accordingly.
Each application packet will be reviewed with the project team, and any required changes will be
made prior to submittal to the respective agencies. The permit application materials will include the
following:
The jurisdictional delineation completed by Consultant.
An Nationwide Permit Application, including a cover letter to the Corps, an explanation of
the project, description of impacts, site plans, graphics, and an Alternatives Analysis.
A preliminary mitigation and monitoring plan based on Corps guidelines, including
information on mitigating on-site impacts to replace jurisdictional areas that will be lost and
areas that will return Corps jurisdiction.
A final mitigation plan to be prepared and submitted following Corps review of the
application packet, incorporating appropriate conditions based on the agency review and
comment.
Complete copies of the Section 401 application will be included.
All necessary graphics and other supporting materials, using existing materials wherever
feasible, in order to minimize costs.
Section 401 Water Quality Certification Application. Consultant will prepare written
correspondence requesting water quality certification including the following materials:
Information prepared for the 404 application used to provide a complete project description,
including the purpose, location, total site acreage, types of water bodies within the site, and
total acres of waters of the U.S.
An assessment of water quality impacts addressing types of fill material to be discharged,
impacts to beneficial uses of the water body, and any expected water diversions
A complete copy of the Section 404 application
A copy of the final environmental document for the project, including the certification of the
final document
Other appropriate material as may be required by the RWQCB
Coordination with the project’s civil engineer, to ensure that the proposed project does not
result in an increase in the volume of runoff to be discharged from the site and to ensure
that all runoff from developed surfaces is treated for water quality purposes before it is
discharged from the site.
Section 1600 Et Seq. Streambed Alteration Notification. Consultant will submit the following
materials to the CDFG:
A standard CDFG Notification of Lake or Streambed Alteration form executed by the client
A CDFG Lake and Streambed Alteration Program—Project Questionnaire
A copy of the report on the delineation of wetlands and jurisdictional waters prepared for the
404 application
A copy of the Section 404 application to the Corps
A copy of the preliminary mitigation and monitoring plan prepared for the 404
A copy of the Section 401 application to the RWQCB
A copy of the final environmental (CEQA) document for the project
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 23 February 28, 2014
Appropriate plans, exhibits, and maps
Filing fee to be provided by the City based on the cost of the portion of the project that
requires a Streambed Alteration Agreement (i.e., the portion of the project where the road
crosses the streambed)
Follow-Up Coordination. Consultation and coordination will be required among the applicant,
project team, and involved regulatory agencies during the review of application materials. Following
submittal of the applications, Consultant will coordinate with the involved regulatory agencies to
respond to agency questions and submit any additional information that may be requested. We
have assumed that coordination will take place primarily by telephone, fax, and mail. The proposed
schedule and cost estimate includes attendance at three meetings.
During this process, Consultant will coordinate closely with the project team with regard to any
agency concerns, questions, or request for additional materials that may arise.
Deliverables:
ACOE 404 Permit Application
Draft 404 Application
Final 404 Application
RWQCB 401 Water Quality Certification Application
Draft 401 Application
Final 401 Application
CDFG 1602 Streambed Alteration Agreement Application
Draft 1602 Application
Final 1602 Application
Task 3: Legal Descriptions and Exhibits
Consultant shall prepare up to five (5) Legal Description and Exhibits for either temporary
construction easements or right of way acquisition (assuming two parcels for permanent roadway
easement and three areas for temporary construction easements). The temporary construction
easements will encompass an area as needed to provide the contractor the sufficient room to
perform the anticipated construction activities for the widening project. Consultant shall also fill out
the City provided Grant Easement documentation for the City’s use during the acquisition process.
Deliverables:
Five (5) Legal Descriptions and Exhibits
Task 4: Roadway Improvement Plans
Consultant will prepare the necessary roadway improvement plans including a project title sheet,
typical cross sections, construction details, horizontal alignment layout plans, vertical profile,
grading, drainage, and cross sections of the proposed roadway improvements and submit to the
City for review and comment. The roadway will be designed in accordance with AASHTO’s, “A
Policy on Geometric Design of Highway and Streets”, AASHTO “Guide for the Development of
Bicycle Facilities”, the Caltrans “Highway Design Manual”, the Caltrans “Standard Specifications”,
Caltrans Standard Plans, as well as the City of La Quinta Standards Plans. The roadway submittal
will include approximately the following sheets:
Title Sheet
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Exhibit “A”
Page 24 February 28, 2014
Typical Cross Section
Roadway Plan & Profile
Construction Details
Drainage Plan & Profile
Slope Paving-Channel lining Plan, Typical Sections, Profiles, Details
Path undercrossing: Plan, Typical Section, Profiles, Details
Path Retaining wall plan, profiles, details (South side, Abutment 1, path undercrossing)
Utility Plan (Existing Utilities)
Stage Construction Plans
Temporary Widening: Dune Palms: for Construction Staging: Plan, Profile, Typical section
Traffic Handling Plans
Pavement Delineation and Signing Plan
Decorative Access Gate Details
Electrical Plans (Bridge Lighting)
Consultant will prepare plans at 40 scale (1”=40’) where applicable. Signing and Striping Plans will
include all new/existing signs and striping, pavement markings, pavement legends, sign and striping
removals. At the project limits, Consultant will reference in existing striping based on topographic
information and field review.
Consultant will prepare final roadway plans in conformance with the approved preliminary alignment
plans and submit to the City for review at 65%, 95% and 100% completion. Mylar plan sheets will
be submitted after the approval of the 100% plan submittal package.
Deliverables:
65% Roadway Plans (3 copies)
95% Roadway Plans (3 copies)
100% Mylar Screen Check Plans (3 copies)
Mylar Roadway Plans (1 Mylar)
Task 5: Foundation Report (FR)
After the type selection and once the draft structure plans with selected foundation type (s),
locations, and the design loads (service, strength and seismic) are available, Consultant will
prepare a Foundation Report (FR) as per MTD 1-35. The Foundation Report will be prepared in
general conformance with Caltrans’ current requirements and guidelines.
In general, the FR will be prepared by updating the items included in the Preliminary Foundation
Report. It will also include results of additional analysis and recommendations necessary for the
preparation of the structure PS&E. The Foundation Report is anticipated to include the following
items:
A general description of the site exploration conducted at the site.
Discussion on the field and laboratory test results, and the general subsurface soil
and ground water (if any) conditions, with reference to the proposed development.
Comments on the regional geology and site engineering seismology, including the
recommended ARS curve, Peak Ground Acceleration (PGA), controlling
earthquake magnitudes for both ARS and geotechnical analysis based on the
procedures included in Appendix B of the Seismic Design Criteria (2009).
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 25 February 28, 2014
Other geologic and seismic hazards, including potential for liquefaction, lateral
spreading and seismically-induced settlement.
Geotechnical parameters for Static (LRFD Service and Strength Limit States)
foundation and bridge structure analysis and design.
Geotechnical parameters, including soil-stiffness, for Seismic (LRFD Extreme
Event Design) design of foundations and the bridge structure.
Results of geotechnical foundation design for LRFD Service, Strength and Extreme
Event (Seismic) Limit States.
Summary LRFD Foundation design recommendations as per MTD 3-1.
Recommendations erosion/scour mitigation
Results of slope stability analyses and recommendations
Recommendations for the design of retaining structures, if any.
Road subgrade preparation recommendations
Roadway embankment and pavement design recommendations
Results of soil corrosion potential evaluation
Drainage recommendations
Geotechnical construction recommendations for bridge foundations, erosion/scour
protection structures and roadway embankments.
LOTB Sheets for PS&E Package. Consultant will prepare Log of Test Boring (LOTB) drawings
suitable for inclusion into the contract drawings. These LOTBs will be prepared in accordance with
the Caltrans’ current Soil and Rock Logging Manual.
Deliverables:
Logs of Test Borings (LOTB) with the 95% Plans
Foundation Recommendations Report (FR) with the 100% PS&E Submittal
Task 6: Bridge Plans
The bridge will be designed in accordance with Caltrans Standards, including the “Memo to
Designers” and “Bridge Design Standards”.
Seismic design loading will be evaluated as outlined in Section 3.21 of Caltrans “Bridge Design
Specifications”, the Caltrans “Seismic Design Criteria” (Version 1.7, 2013), and the latest available
Caltrans earthquake information.
Bridge Design will be in accordance with Load and Resistance Factor Design (LRFD).
Prepare 65% Bridge Plans. The bridge plans will include the following sheets, some sections will
require multiple sheets.
General Plan
Deck Contours
Foundation Plan
Abutment Layout(s)
Abutment Pile Layout(s)
Abutment Detail(s)
Pier Layout
Pier Detail(s)
Typical Section
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 26 February 28, 2014
Girder Layout
Girder Reinforcement
Barrier Rail Detail(s)
Metal Rail Layout(s)
Metal Rail Detail(s)
Miscellaneous Detail(s)
Structure Approach Details
Drainage Details
Joint Seal Details
Log-of-Test Borings
Prepare 95% Bridge Plans
Incorporate comments from 65% review and independent check. The designer will reconcile
with the back check and incorporate design changes into the contract plans.
Perform Bridge Independent Check. An engineer not involved in the original design of the bridge
will independently check the bridge. This independent check will result in a set of calculations,
back-checked and reconciled with the designer. This Independent Check will be submitted at the
same time as the City plan review set.
Prepare Construction Schedule. Consultant will prepare the construction working day schedule.
This schedule will be used for programming the construction phase of the project and preparing the
special provisions.
Quantity Takeoffs and Calculations. Consultant will prepare a set of quantity calculations for the
bridge items. The roadway quantities will be calculated and summarized on plan sheets. The
Engineer’s Estimate of Cost will be developed from the bridge and roadway quantities.
General Plan and Bridge Type Selection (Final). After the environmental concerns have been
addressed, and the architectural/aesthetic features such as bridge rail generally approved, the Draft
General Plan for the bridge will be updated, and the “Structure Type Selection Memo” will be
prepared and submitted to Caltrans for approval.
Deliverables:
65% Bridge Plans
Attendance to a meeting to present and discuss the 65% submittal.
95% Bridge Plans
Mylar Screen Check Plans 100% (3 copies)
Mylar Bridge Plans (1 Mylar)
Independent Check Design Calculations
Update and finalize the final bridge General Plan.
Update the Structural Type Selection Memo, update and finalize the Bridge General Plan
and submit to Caltrans for review and approval.
Task 7: Utility Coordination
Utility Relocation Request. Consultant will coordinate utility relocations to build the bridge and
roadway approaches. The new bridge will have a variety of utility openings for existing or future
utilities. Each utility company will be responsible for their utility relocation design.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 27 February 28, 2014
Utility Coordination Meeting 1—Project Information at 65%. The first meeting will be held to
describe the project to utility companies, the design’s impacts and staging, and answer questions
from the affected companies such that they can respond to the “Utility Relocation Request”.
Deliverable:
Consultant will organize and lead a utility relocation meeting, to be held at the City’s offices.
This meeting will include a power point presentation and informational handouts of the
project so that the utility companies can more easily understand the project and develop
relocation plans.
Utility Coordination Meeting 2—95% Stage. The second utility coordination meeting will be held
to confirm details of the project such as relocation locations and timing to ensure all parties
understand the project and are coordinated to avoid expensive surprises and delays in construction.
Deliverable:
Consultant will organize and “chair” a second utility relocation meeting, to be held at the
City’s offices. This meeting will include a power point presentation and informational
handouts of the project.
Task 8: Specifications
Technical specifications shall be prepared for construction of each item of work in the Project. In
addition, Consultant will fill out the bid schedule, matching the item number with their corresponding
specification and line item in the Engineer’s Estimate. Prior to the publication of the final package,
Consultant will review the document. Specifications will be provided starting with the 65% plan
submittal.
Consultant will prepare the following items for the Bid Document: Project Description including all
major work items, working days, liquidated damages based on Caltrans Specifications, contractor
submittals prior to mobilization, special traffic control requirements or coordination, all of section
4000, and bid schedule.
Deliverable:
Specifications and Bid Package at each Package Submittal
Task 9: Construction Cost Estimate
Starting with the 65% Package Submittal, Consultant shall prepare a Final Quantity and Cost
Estimate. The estimate will be submitted with both the 100% and Mylar plan check reviews.
Deliverable:
• Engineer's Estimate at each Package Submittal
Task 10: Resident Engineer Construction File
Consultant will assemble the Resident Engineer (RE) Construction File with quantity calculations,
Engineer’s Estimate, and designer notes to the RE.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 28 February 28, 2014
Deliverables:
4-Scale Deck Contour Plans
Creation and submittal of “RE Construction” file
Attendance to a meeting to present and discuss the Final submittal.
Task 11: Final Right of Way Services
As a result of the proposed improvements and the associated construction activities, it is assumed
that various interests, including fee simple, permanent slope, and/or temporary easements, will be
needed from two (2) parcels.
APN OWNER USE LOT SIZE
600-030-010 Chin Family Prop Ltd Partnership Mobile Home Park with
SFR. 11.29 Ac.
600-030-018 DWCG1 Vacant Commercial 8.92 Ac.
Pending verification of final ownership interests via preliminary title reports, it is anticipated that a
simple encroachment permit will be required from the flood control parcel (APN 600-010-009) in
order to accommodate the new, all-weather bridge.
Impacts to the mobile home park at the northeast corner of the existing bridge may prove
complicated. It appears that the raised profile of the new bridge, as well as the proposed bridge
approach roadway improvements, will require enough construction that the necessary temporary
construction easements will directly impact two structures immediately adjacent to Dune Palms
Road. One structure is a mobile home coach, while the other is a single family home. Separate
appraisal reports will be completed for each structure, as well as for the impacted parcel. It is
assumed that the single family home and the right of way required from that parcel will be
negotiated together with a single owner. A separate acquisition case will be opened for the owners
of the impacted mobile home coach. As such, occupants of both structures will necessarily require
displacement and relocation assistance, which Consultant will manage and facilitate. Because of
the relative complexity of the impacts to this parcel, careful management of multiple appraisal
activities, and close communication with several interested parties, will be of utmost importance.
Lastly, it is anticipated that interests, most likely in the form of a temporary construction easement,
will be required from the parcel at the southeast corner of the existing bridge (APN 600-030-018).
This is a vacant commercial property that will likely require relatively simple negotiations with a
single owner.
Upon environmental approval of the project, Consultant will implement and manage a
comprehensive ROW program to cover all aspects involved in the public acquisition process. In
general, this process usually includes project management, fee appraisal, appraisal review, F&E
appraisal, title and escrow, environmental, property acquisition, relocation assistance, utility
coordination, site clearance and right of way certification. Consultant has the properly licensed,
experienced, local resources to provide precise staffing levels exactly when needed, and the
expertise necessary to secure the remaining ROW for the project.
Consultant will develop and implement a formal ROW program in compliance with the applicable
City and state policies and procedures. For this project specifically, it is understood that federal
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 29 February 28, 2014
funding is expected and therefore Caltrans guidelines and procedures will guide the process.
Consultant will provide overall ROW program management, leadership, and direction of all phases
of the right of way process, policies, and scheduling.
Right of Way Project Management and Document Support
1. Track and manage all budgetary-related aspects of Consultant’s Scope of Work.
2. Assist with the development of administrative policies, procedures, and forms necessary to
carry out the initial program.
3. Maintain ongoing general consultation and project coordination with the client, City, and any
other project team members as necessary.
4. Provide representation of the client at public meetings, hearings, and litigation related matters.
5. Prepare and present a monthly written status report based on the agreed-upon guidelines
regarding information to be provided. Confer weekly with client verbally on general statuses,
problem areas, and progress.
6. Participate in up to 4 Project Development Team Meetings to report on acquisition progress.
7. Manage subcontractor and all necessary disciplines needed for the project.
8. Provide quality assurance and quality control for the right of way program and all right of way
components.
Title Investigation Services – Up to (3) Preliminary Title Reports
1. Secure vesting deeds, back up documents, property profiles, and tax maps for each property.
2. Secure preliminary title report which will remain valid for a minimum of 6 months or until there is
an ownership change.
3. Secure copies of recorded back-up documents, as needed.
4. Share title information with right of way engineer, surveyor, and appraisers for their use.
5. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with
approved project plan.
6. Facilitate changes to preliminary title report after the preparation of the legal description, if
necessary for partial acquisition.
Appraisal Services: Up to (4) Appraisal Reports (2 parcels, 1 SFR, 1 mobile home)
1. Consultant will mail a notification letter and acquisition policies brochure to the property owner
requesting permission to conduct an on-site inspection of the property, advising them of their
right to accompany the appraiser at the time of the inspection, and requesting information
regarding the property appraised which could influence the appraised value.
2. Appraiser will review title information pertaining to respective ownership and will review
drawings and other pertinent information relative to the parcel.
3. Appraiser will inspect the property personally with the owner (if possible) and document the
inspection with photographs for use in the report.
4. Appraiser will perform market research to support the selected appraisal methodologies and will
document and confirm comparable sales information.
5. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of
Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve
as an acquisition appraisal and will be prepared in a summary format consistent with the
specifications for narrative appraisal reports.
6. Consultant will receive and analyze the completed appraisal report accordingly.
Negotiate Right of Way Settlement/Prepare Acquisition Documents: (3) Owners (2 parcels,
and mobile home owner)
1. Establish and maintain a complete and current record file in a form acceptable to the client.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 30 February 28, 2014
2. Receive and analyze title information, approved appraisal report, and legal description in
sufficient detail to negotiate with the property owner and other parties.
3. Prepare offer letter, summary statement, and list of compensable items of fixtures and
equipment, in accordance with state or federal regulations and the approval of the client.
4. Present written purchase offer to owner or their representative in person, when possible. Secure
receipt of delivery of offer as practical and present and secure tenant information statements, as
applicable.
5. Follow-up and negotiate with property owner, as necessary; prepare and submit recommended
settlement justification to client for review and approval; review any independent appraisal
secured by property owner; and coordinate reimbursement of appraisal fees (up to $5,000) with
client. Ongoing negotiations and settlement discussions will continue after the initial offer or until
we reach settlement or impasse, as dictated by the overall Project Schedule.
6. Prepare and assemble acquisition contracts, deeds, and related acquisition documents required
for the acquisition of all necessary property interests.
7. Maintain a diary report of all contacts made with property owner or representative and a
summary of the status of negotiations indicating attitude of owner, problem areas, and other
pertinent information. Copies of all applicable written correspondence will be maintained in files.
8. Prepare an impasse letter where, after diligent attempts to settle by negotiation, it appears
eminent domain will be needed or prudent to acquire the needed interest.
9. Litigation support: in the event an acquisition is unable to be settled via voluntary means, the
negotiations staff will provide a condemnation-ready case file, all relevant negotiations history,
and meet with client as needed to provide relevant acquisition content.
10. Transmit executed acquisition documents to client. Each transmittal package shall include a
fully executed and properly notarized deed(s), fully executed acquisition contract with
attachments, and a brief settlement memorandum which summarizes the pertinent data relative
to the transaction.
Escrow Coordination
If by Negotiated Settlement: Assist the escrow/title company in the following:
1. Open escrow and coordinate execution of closing instructions providing for title insurance
coverage at the settlement amount.
2. Provide escrow officer with fully executed acquisition contract and notarized deed.
3. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in
the settlement memorandum and escrow instructions.
4. Assist escrow to secure full or partial reconveyance or subordination instruments from lien
holders of record.
5. Review settlement statement for accuracy.
6. Coordinate deposit of acquisition price and estimated closing costs with escrow.
7. After the closing, review the title insurance policy for accuracy.
8. Prepare and mail a letter to County Assessor requesting cancellation of taxes if appropriate.
Eminent Domain Assistance (if necessary)
If Settlement by Eminent Domain: Assist eminent domain counsel with the following:
1. Prepare a letter for the client signature to eminent domain counsel, requesting proceeding to
condemnation.
2. Provide eminent domain counsel with available right of way maps and legal descriptions,
preliminary title reports and title review documents, and information on how to contact each
owner or interest holder.
3. Provide eminent domain counsel with a duplicate copy of the parcel file, together with a copy of
the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 31 February 28, 2014
4. Convert preliminary title reports to litigation guarantees for eminent domain counsel’s use. Title
company fees (based on the value of the interest required) are additional.
Relocation Plan Preparation Services
1. Interview all potentially affected occupants to determine relocation needs. The interviewer will
query household information such as: the number, ages and gender of all occupants, income of
the household, distance to employment and utilized neighborhood services, special needs of the
household, etc.
2. Research the marketplace for available replacement locations and/or establish rent schedules
for compiling project costs.
3. Compile statistics on available housing replacement sites.
4. Calculate potential project costs with regard to relocation assistance.
5. Present draft relocation plan to client.
6. Distribute plan to project participants and make it available for public review.
7. Make any needed revisions brought up during the 30-day public review period.
8. Participate in adoption presentation meeting.
Relocation Assistance Program Implementation Services (2 residential relocations)
1. Secure basic case information and set up case file; maintain the necessary case documentation
and contact diary throughout the course of our involvement with the claimant.
2. Conduct initial in-depth field interview with claimant: document rents, income, family size,
names/ages of occupants, and determine relocation needs, preferences and special
requirements; provide general information notices and brochure; explain relocation process,
rights and benefits available.
3. Provide on-going advisory assistance to minimize hardships on claimants, including referrals to
and coordination with community service resources, public housing, and other public services
as needed.
4. Document rent with rental agreement, receipts or economic rent if needed.
5. Document/verify income using pay stubs, budget worksheets, tax returns, certification and/or
cash affidavit as necessary. Use rent-to-rent method if income cannot be verified.
6. Create rent schedule for project as appropriate and if authorized by client.
7. Search for and document comparable sites for each claimant, provide initial referrals and three
sets of additional housing referrals every 4-6 weeks, as necessary.
8. Prepare letter of eligibility based on most appropriate comparable or rent schedule and seek
authorization of client.
9. Deliver letter of eligibility to claimant and discuss findings and impacts to occupants’ particular
needs. Amend the letter of eligibility one additional time if the economics of the comparable’s
availability changes over the course of our assignment.
10. Prepare and deliver 90-day notices to vacate no later than 12 weeks after general information
notices have been delivered.
11. Arrange for transportation to view replacement sites if needed. Assist Claimants with their
selection of a replacement site, with lease offers, with review of rental agreements and with
move bids or fixed moving payment.
12. Inspect selected site to ensure it meets decent, safe, and sanitary requirements.
13. Monitor the replacement site escrow and explain the relocation process to agent and escrow
officer as necessary.
14. Verify vacation of the displacement site and secure a certificate of abandonment.
15. Determine eligibility for proposed amount of relocation benefits, including actual and reasonable
moving payments, rental/purchase differential payments and fixed payments as applicable.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 32 February 28, 2014
16. For residential moves, secure and process an advance claim to assist with the move and a
second final claim incorporating the moving costs and rental/purchase differential payment once
family has moved to selected displacement site.
17. Each claim will be signed by the claimant, supported by appropriate back-up (schedules,
receipts, etc.) and will be reviewed by Consultant’s project manager for recommendation before
submitting to client for approval. Each claim check will be delivered to claimant in person (as
feasible) and a receipt of payment will be secured.
Task 12: CVWD Encroachment Permit
Consultant shall fill out the appropriate CVWD encroachment forms for the construction, operation
and maintenance of the Dune Palms Bridge by the City. This task will also include meeting time
and coordination with CVWD on any additional items they may request throughout the design
process (i.e. access gates, ramps to the bottom of the channel, etc.).
Deliverable:
Completed CVWD Encroachment Permit
Task 13: Services During Bidding
Consultant will assist the City with the bidding and award process for this project. These services
will be performed on a Time-and-Material basis.
Deliverables:
Bid Support. All key team members will be available to attend a pre-bid meeting.
Respond to Inquiries. Consultant will respond to bidder inquiries by phone or email.
Prepare Addenda. Consultant will prepare addenda as requested by the City.
Review/Recommended Award. Consultant will assist in recommendation for award.
Task 14: Construction Support Services
Consultant will assist project staff with construction support services. A budget amount has been
prepared, though this may require adjustment based upon the City’s determination of the level of
consultant involvement needed during construction. These services will be performed on a Time-
and-Material basis. Upon request from City staff the following will be provided:
Deliverables:
RFI documentation and response to questions regarding construction documents
Periodic site visits during construction, as requested.
Input from the consultant regarding change orders.
PROPOSAL ASSUMPTIONS AND EXCLUSIONS
1. As part of contract negotiations, Consultant expects the scope and fee to be modified.
2. We assume stake holders will participate proactively throughout the course of the project.
3. We assume that the project will proceed uninterrupted.
4. Effort for coordination with reviews for organizations is an estimate.
5. Evaluation or modifications to signal and lighting systems and electrical work, other than the
bridge lighting, is not included.
6. Project will be designed using AutoCAD Civil 3D.
Dune Palms Road Bridge Over CVSWC
Exhibit “A”
Page 33 February 28, 2014
7. We assume the Hydrology & Hydraulics report, HEC-Ras Model and Geotechnical report for
the Adams Street Bridge will be provided by the client.
8. We assume one style of bridge rail, similar to Adams Street, will be prepared.
9. Caltrans format will be used for the bridge plans. Bridge specifications will be Caltrans
format.
10. Project schedule is based on prompt review by others.
11. Reproduction and scanning of the Construction Bid Documents will be performed by the
City.
12. Estimated efforts for Construction Services are a budget figure.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section
2.2 of this Agreement, the maximum total compensation to be paid to Consultant under
this Agreement is One Million, One Hundred Seventy Six Thousand, Seven Hundred
Eighty One Dollars ($1,176,781) (“Contract Sum”). The Contract Sum shall be paid
to Consultant in installment payments made on a monthly basis and in an amount
identified in Consultants Schedule of Compensation attached hereto for the work tasks
performed and properly invoiced by Consultant in conformance with Section 2.2 of the
Agreement.
Last revised 9-4-13 18
Revised: 9-Apr-14Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Fee Sub Fee Hours FeeProject Management - Phase 1Project Management90 $13,500 64 $9,600 $0 8 $1,200 8 $1,200 $0 $0 90 $4,950260 $30,450Project Meetings62 $9,300 64 $9,600 $0 8 $1,200 24 $3,600 $0 $0 $0158 $23,700Quality Control36 $5,400 12 $1,800 $0 $0 $0 $0 $0 $048 $7,200Environmental ClearanceProject Kick-off and Description2 $300 $0 $0 $0 $0 $0 $0 $0 $4,075 PB2 $4,375Research and Investigation$0 $0 $0 $0 $0 $0 $0 $0 $4,261 PB0 $4,261Preliminary Environmental Study (PES)2 $300 $0 $0 8 $1,200 $0 12 $1,020 $0 $0 $7,015 PB22 $9,535Technical Studies12 $1,800 52 $7,800 $0 40 $6,000 20 $3,000 $0 $0 $0 $144,967 PB $5,500124 $169,067NES2 $300 2 $300 $0 $0 $0 $0 $0 $0 $12,700 PB4 $13,300Section 7 Consultation/Coordination$0 $0 $0 $0 $0 $0 $0 $0 $22,133 PB0 $22,133CE/IS2 $300 2 $300 $0 2 $300 $0 $0 $0 $0 $16,483 PB $3,7006 $21,083Permitting2 $300 $0 $0 2 $300 $0 $0 $0 $0 $6,775 PB4 $7,375Utility Coordination10 $1,500 $0 $0 24 $3,600 $0 8 $680 $0 $0 $5,55042 $11,330Topographic Base Mapping2 $300 $0 $0 4 $600 $0 $0 $0 $0 $13,750 S376 $14,650Geotechnical Studies$0 18 $2,700 282 $42,300 $0 8 $1,200 $0 $0 $0 $24,500308 $70,700Channel Hydrology & Hydraulics Study12 $1,800 60 $9,000 $0 200 $30,000 $0 48 $4,080 $0 $0 $1,500320 $46,380Bridge Type Selection2 $300 12 $1,800 $0 $0 323 $48,450 $0 277 $23,545 $0 $500614 $74,595Preliminary Design Plans10 $1,500 $0 $0 40 $6,000 $0 60 $5,100 $0 $0 $500110 $13,100Preliminary Engineers Estimate2 $300 4 $600 $0 4 $600 10 $1,500 8 $680 24 $2,040 $052 $5,720Preliminary Right of Way Cost Study2 $300 $0 $0 10 $1,500 $0 16 $1,360 $0 $0 $5,600 OPC28 $8,760 Phase 1 Subtotal 250 $37,500 290 $43,500 282 $42,300 350 $52,500 393 $58,950 152 $12,920 301 $25,585 90 $4,950$41,750 1,132 $557,714Project Management - Phase 2Project Management72 $10,800 48 $7,200 $0 $0 $0 $0 $0 70 $3,850190 $21,850Project Meetings50 $7,500 50 $7,500 $0 12 $1,800 $0 $0 $0 $0112 $16,800Quality Control100 $15,000 64 $9,600 $0 $0 $0 $0 $0 $0164 $24,600Environmental Permitting4 $600 $0 $0 2 $300 2 $300 $0 $0 $0 $20,327 PB8 $21,527Legal and Exhibits (5 L&E's)$0 $0 $0 2 $300 $0 $0 $0 $0 $5,000 S372 $5,300$237,759PHASE 2: PLANS, SPECS AND ESTIMATES$85$55PHASE 1: PROJ APPROVAL & ENV. DOCSSubconsultant Reimb. Total by Task$150 $150 $150 $150 $150$85Technician CivilTechnician BridgeClericalCOST PROPOSALDUNE PALMS ROAD LOW WATER CROSSING REPLACEMENTCITY PROJ #. - 2011-05; FEDERAL AID PROJ. NO. BRLKS-5433(014) TaskProject Mgr (Heptagon Seven)Task ManagerGeotehncial Engineer / GeologistProj Engr Civil Imp Proj Engr Bridge
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Fee Sub Fee Hours Fee$85$55Subconsultant Reimb. Total by Task$150 $150 $150 $150 $150$85Technician CivilTechnician BridgeClerical TaskProject Mgr (Heptagon Seven)Task ManagerGeotehncial Engineer / GeologistProj Engr Civil Imp Proj Engr Bridge Roadway Improvement PlansStreet Widening Plans10 $1,500 $0 $0 52 $7,800 $0 112 $9,520 $0 $0 $3,000174 $21,820Storm Drain Plans2 $300 $0 $0 14 $2,100 $0 51 $4,335 $0 $067 $6,735Retaining Wall Plans2 $300 $0 $0 32 $4,800 $0 75 $6,375 $0 $0109 $11,475Staging Plans4 $600 $0 $0 36 $5,400 $0 56 $4,760 $0 $096 $10,760Signing and Striping Plans2 $300 $0 $0 8 $1,200 $0 24 $2,040 $0 $034 $3,540Slope Protection Plans6 $900 $0 $0 44 $6,600 $0 88 $7,480 $0 $0138 $14,980Cross Sections4 $600 $0 $0 32 $4,800 $0 48 $4,080 $0 $084 $9,480Foundation Report$0 3 $450 90 $13,500 $0 $0 20 $1,700 $0 $0113 $15,650Bridge Plans$0 48 $7,200 45 $6,750 52 $7,800 1108 $166,200 56 $4,760 924 $78,540 $0 $4,5152,233 $275,765Utility Coordination12 $1,800 $0 $0 24 $3,600 $0 10 $850 $0 $046 $6,250Special Provisions8 $1,200 4 $600 $0 18 $2,700 24 $3,600 $0 $0 $054 $8,100Construction Cost Estimate4 $600 12 $1,800 $0 12 $1,800 24 $3,600 $0 $0 $052 $7,800Resident Engineers File2 $300 $0 $0 14 $2,100 32 $4,800 20 $1,700 48 $4,080 $0116 $12,980Right of Way Acquisition Services20 $3,000 $0 $0 10 $1,500 $0 $0 $0 $0 $77,755 OPC30 $82,255CVWD Encroachment Permit4 $600 6 $900 $0 6 $900 4 $600 $0 $0 $020 $3,000Phase 2 Subtotal 306 $45,900 235 $35,250 135 $20,250 370 $55,500 1194 $179,100 560 $47,600 972 $82,620 70 $3,850$7,515 3,376 $580,667 Phase 1 & 2 Lump Sum Subtotal 556 $83,400 525 $78,750 417 $62,550 720 $108,000 1587 $238,050 712 $60,520 1273 $108,205 160 $8,800$49,265 4,508 $1,138,381TIME AND MATERIALS TASKSServices During Bidding8 $1,200 12 $1,800 $0 8 $1,200 8 $1,200 $0 $0 $036 $5,400Construction Support Services20 $3,000 40 $6,000 $0 60 $9,000 100 $15,000 $0 $0 $0220 $33,000 Time and Materials Subtotal 28 $4,200 52 $7,800 0 $0$10,200 108 $16,200 0 $0 0 $0 0 $0$0 256 $38,400Total Contract Amount584 $87,600 577 $86,550 417 $62,550 720 $118,200 1695 $254,250 712 $60,520 1273 $108,205 160 $8,800$49,265 4,764 $1,176,781Subconsultant Codes S37 Section 37 ConsultantsPB Parsons BrinckerhoffOPC Overland Pacific and CutlerAZ Aztec$103,082$340,841$0$340,841
Form 10H
CONSULTANT COST PROPOSAL
CONTRACT No.: Dune Palms Road Low Water Crossing Replacement @ CVSWC; City Project No.: 2011-05
CONSULTANT: Bengal Engineering, Inc.
Date : 5/29/2014
DIRECT LABOR
Range Hours
Average Hourly
Rate Total
A. Syed Israil
Geotech/Geologist $44-$76 417 $ 55.00 $ 22,935
Technician $27-$51 1985 $ 31.31 $ 62,150
Clerical $20-$30 160 $ 20.16 $ 3,226
LABOR COSTS
a) Subtotal Direct Labor Costs $ 248,623
b) Anticipated Salary Increases ( 3% ) Ave. tot. until 2017 $ 7,459
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 256,082$
FRINGE BENEFITS
d) Fringe Benefits ( Rate: 40%)e) TOTAL FRINGE BENEFITS [(c) x (d)] 102,971$
INDIRECT COSTS
f) Overhead (Rate: 79% ) g) Overhead [(c) x (f)]201,348$
h) General and Administrative (Rate: 29% )
i) Gen & Admin [(c) x (h)] 74,954$
j) Total Indirect Costs [(g) + (i)] (Rate:108%)j) Total Indirect Costs [(g) + (i)]276,302$
FIXED FEE (Profit)
n) (Rate:10% )k) TOTAL PROFIT [(c) + (e) + (j)] x (q) 63,535$
Subtotal [(c) + (e) + (j)+ (k)]: 698,890$
OTHER DIRECT COSTS (ODC)
l) Travel/Mileage Costs $ 185
m) Equipment Rental and Supplies
n) Permit Fees, Plan sheets, Test Holes, etc. $ 40,065
o) Misc
o) Subconsultant Costs $ 437,641
p) TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o)] 477,891$
TOTAL COST [(c) + (e) + (j) + (k) + (p)] 1,176,781$
COST PROPOSAL
Classification/Title Name
Sr. Civil Engireer Scott Onishuk $55-$67 406 $ 61.97 $ 25,160 Md, Israil
Civil Engineer
Mike Bandich
$44-$55 891
Sr. Bridge Engineer Md Wahiduzzaman $55-$76 1695 $ 55.24 $ 93,632
Ed Pongracz, Md, Israil
Ed, Tom, Mike, Rizwana
Rizwana Zaman
$ 46.60 $ 41,521 Tom Conti
Ron Moreno
Dune Palms Bridge - ODC - Bengal Engineering, Inc.5/29/2014
Name Unit Price # Units Cost Estimate Billed at
Travel/Mileage $0.56 330 $184.80
Utility Coordination
‐ Potholing ‐ Utility $675.00 6 $4,050.00 Actual Cost
‐ Traffic Control ‐ Utility $1,500.00 1 $1,500.00 Actual Cost
Geotechnical Exploration
‐ Traffic Control $3,450.00 1 $3,450.00 Actual Cost
‐ Coring $1,500.00 1 $1,500.00 Actual Cost
‐ Lab Testing $8,050.00 1 $8,050.00 Actual Cost
‐ Drilling $11,500.00 1 $11,500.00 Actual Cost
Channel H&H
‐ Traffic Control & Mobilization $1,000.00 1 $1,000.00 Actual Cost
‐ Soil Gradation $200.00 1 $200.00 Actual Cost
‐ Report & Exhibits Printing $0.75 400 $300.00 Actual Cost
Type Selection
‐ 8.5x11 $0.75 130 $97.50 Actual Cost
‐ 11x17 $0.27 102 $27.54 Actual Cost
‐ 24x36 $7.50 50 $375.00 Actual Cost
Preliminary Design Plan
‐ 8.5x11 $0.75 130 $97.50 Actual Cost
‐ 11x17 $0.27 102 $27.54 Actual Cost
‐ 24x36 $7.50 50 $375.00 Actual Cost
Roadway Improvement Plans
‐ 8.5x11 C $0.75 315 $236.25 Actual Cost
‐8.5x11 BW $0.14 315 $44.10 Actual Cost
‐ 11x17 C $1.88 290 $545.20 Actual Cost
‐ 24x36 C $7.50 290 $2,175.00 Actual Cost
Bridge Plans
‐ 8.5x11 C $0.75 450 $337.50 Actual Cost
‐ 8.5x11 BW $0.14 3040 $425.60 Actual Cost
‐ 11x17 C $1.88 400 $752.00 Actual Cost
‐ 24x36 C $7.50 400 $3,000.00 Actual Cost
TOTAL $40,250.53
Form 10H
CONSULTANT COST PROPOSAL
CONTRACT No.: Dune Palms Road Low Water Crossing Replacement @ CVSWC; City Prohect No.: 2011-05
CONSULTANT: PARSONS BRINCKERHOFF, INC.
Date :4/8/2014
DIRECT LABOR
Range Hours Average Hourly
Rate Total
Project Director 8 $ 127.81 $ 1,022.48
Project Manager 259 $ 72.27 $ 18,717.93
Sr. Engineer/Planner 192 66.50 $ 12,767.04
Project Engineer/Planner 77 $ 40.19 $ 3,094.63
Technical Specialist 239 $ 72.05 $ 17,219.95
Graphic Artist 61 $ 42.35 $ 2,583.35
Environmental Analysis/Planner 113 $ 36.33 $ 4,105.29
Clerical/Word Processing 121 $ 24.72 $ 2,991.12
1070
LABOR COSTS
a) Subtotal Direct Labor Costs $ 62,501.79
b) Anticipated Salary Increases (see page 2 for sample) $ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]62,501.79$
FRINGE BENEFITS
d) Fringe Benefits ( Rate: 35%)e) TOTAL FRINGE BENEFITS [(c) x (d)]21,875.63$
INDIRECT COSTS
f) Overhead (Rate: 122.5% )g) Overhead [(c) x (f)]76,565$
h) General and Administrative (Rate: 0.2% )i) Gen & Admin [(c) x (h)]125.00$
j) Total Indirect Costs [(f) + (h)] (Rate:122.7%)j) Total Indirect Costs [(g) + (i)]76,689.70$
FIXED FEE (Profit)
n) (Rate:10% )k) TOTAL PROFIT [(c) + (e) + (j)] x (q) 16,094.21$
OTHER DIRECT COSTS (ODC)
l) Reproduction/Delivery/Communications 9,200.00
m) Equipment Rental and Supplies
n) Permit Fees, Plan sheets, Test Holes, etc.
o) Subconsultant Costs 61,575.00
p) TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o)]70,775.00$
TOTAL COST [(c) + (e) + (j) + (k) + (p)]247,936.32$
NOTES:
x Employees subject to prevailing wage requirements to be marked with an *.
x ODC items should be based on actual costs and supported by historical data and other documentation.
x ODC items that would be considered “tools of the trade” are not reimbursable.
x ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
x ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.
x Attach detailed cost proposal in same format as prime consultant estimate for each subconsultant)
x Travel/Mileage Costs (supported by consultant actual costs)
x Equipment Rental and Supplies (itemize)
x Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc.
Kristin Carlson
Alice Lovegrove
Rodrigo Mayorga
Melissa Estrada
Kerry Krasnasky
Lawrence Spurgeon
COST PROPOSAL
Classification/Title Name
Douglas Sawyer
Lorraine Ahlquist
Dune Palms Bridge ‐ ODC‐PB5/28/2014NameUnit Price# Units Cost Estimate Billed atMileage$0.56 250 250 250 250 250 250 250 250 250 250 250 250 250 250 3000 $1,960.00 Actual CostPlan Sheets$7.50 5 5 5 10 10 10 20 20 20 25 25 20 20 20 175 $1,612.50 Actual CostReproduction (color 8.5 x 11")$2.10 80 80 80 100 100 100 150 150 150 150 150 150 150 150 1440 $3,654.00 Actual CostReproduction (black and white)$0.15 108 107 150 150 150 150 175 175 250 200 200 200 200 242 2015 $368.55 Actual CostCourier Service$15.00 4 444668881010101015 82$1,605.00 Actual CostTOTAL $9,200.05
Local Assistance Procedures Manual EXHBIT 10-H
Sample Cost Proposal
Page 1 of 5
LPP 13-01 June 20, 2013
EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #1)
Page 1 of 2
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Consultant ____________________________________ Contract No. ______________ Date _______________
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
Prj Mgr/Principal Biologist Scott Taylor 52.0 41.96 2,181.92
QA/QC Donald R. Mitchell 2.0 84.13 168.26
Senior Biologist Brad Haley 82.0 36.06 2,956.92
Biologist/Env Analyst Alfredo Aguirre 66.0 25.00 1,650.00
Biologist/Env Analyst Emily Graf 12.0 21.63 259.56
Biologist Katherine Vienne 168.0 16.64 2,795.52
Technical Editor)
Brian Fedrow 10. 40.38 403.80
GIS Specialist Marc Guidry 95.0 26.25 2,493.75
_______________
LABOR COSTS
a) Subtotal Direct Labor Costs $ _12,909.73______
b) Anticipated Salary Increases (see page 2 for sample)$ _______________
c)TOTAL DIRECT LABOR COSTS [(a) + (b)] $ _12,909.73______
FRINGE BENEFITS
d) Fringe Benefits (Rate: _49.52_%)e)TOTAL FRINGE BENEFITS [(c) x (d)] $ _6,392.90_______
INDIRECT COSTS
f) Overhead (Rate: _60.9____%)g) Overhead [(c) x (f)] $ _7,862.03_______
h) General and Administrative (Rate: _100.27__%)i) Gen & Admin [(c) x (h)] $ _ 12,944.59_____
j)TOTAL INDIRECT COSTS [(g) + (i)] $ _40,109.24______
FIXED FEE (Profit)
n)(Rate: _8.0_%)k)TOTAL PROFIT [(c) + (e) + (j)] x (q) $ _43,317.98______
OTHER DIRECT COSTS (ODC)
l) Travel/Mileage Costs (supported by consultant actual costs)$ ___1525.20 _____
m) Equipment Rental and Supplies (itemize)$ ___2770.82_____
n) Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc.$ _______________
o) Subconsultant Costs (attach detailed cost proposal in same format as
prime consultant estimate for each subconsultant)$ _______________
p)TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o)] $ _4296.02________
TOTAL COST [(c) + (e) + (j) + (k) + (p)]$ _47,614.00________
Ecorp Consulting BRLKS-5433(014)April 7, 2014
Local Assistance Procedures Manual EXHBIT 10-H
Sample Cost Proposal
Page 2 of 5
LPP 13-01 June 20, 2013
NOTES:
x Employees subject to prevailing wage requirements to be marked with an *.
x ODC items should be based on actual costs and supported by historical data and other documentation.
x ODC items that would be considered “tools of the trade” are not reimbursable.
x ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
x ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in
overhead rate.
x Travel related costs should be pre-approved by the contracting agency. The rates should not exceed the State Department of
Personnel Administration (DPA) requirements.
Dune Palms Br ‐ ODC ‐ ECORPR5/28/2014NameUnit Price# Units Cost Estimate Billed atCNDDB Subscribers 1 Standard Overlay $40.00 11 $40.00Mileage$0.56 476 400 4201296.02 $725.77 Actual CostPlan Sheets$5.00 6 80 80166 $830.00 Actual CostAerial Photography$150.00 44 $600.00 Actual CostReproduction (color 8.5 x 11")$1.10 100 100 100 100400 $440.00 Actual CostReproduction (black and white)$0.15 35 350 350 400 600 1735 $260.25 Actual CostRental Car and Fuel ‐Daily$100.00 4 48 $800.00 Actual CostCourier Service$15.00 4040 $600.00 Actual CostTOTAL $4,296.02
Local Assistance Procedures Manual EXHBIT 10-H
Dune Palms Road Low Water Crossing Replacement Cost Proposal
Page 1
LPP 13-01 April 7, 2014
EXHIBIT 10-H COST PROPOSAL
Page 1 of 2
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Consultant: Cogstone Resource Management Inc. Contract No.: BRLKS-5433(014) Date: April 7, 2014
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
Program Manager Sherri M. Gust, MS, RPA 14.00 $ 54.65 $ 765.10
Principal – Paleo Kimberly Scott, MS 15.00 $ 30.00 $ 450.00
Principal - Archaeo Dr. Nancy E. Sikes, RPA 33.00 $ 41.00 $ 1,353.00
Supervisor Molly Valasik, MS, RPA 43.00 $ 27.00 $ 1,161.00
Technician Janell Mort, MS 20.00 $ 21.01 $ 420.20
Contract Manager Andrew Hernandez, MBA 3.00 $ 44.13 $ 132.39
Clerical Holly Duke 12.00 $ 15.00 $ 180.00
LABOR COSTS
a) Subtotal Direct Labor Costs $ 4,461.69
b) Anticipated Salary Increases (see page 2 for sample) $ 0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 4,461.69
FRINGE BENEFITS
d) Fringe Benefits (Rate: 45.1417%) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 2,014.08
INDIRECT COSTS
f) Overhead (Rate: 84.1834%) g) Overhead [(c) x (f)] $ 3,756.00
h) General and Administrative (Rate: 36.0981%) i) Gen & Admin [(c) x (h)] $ 1,610.59
j) TOTAL INDIRECT COSTS [(g) + (i)] $ 5,366.59
FIXED FEE (Profit)
n) (Rate: 10.00%) k) TOTAL PROFIT [(c) + (e) + (j)] x (q) $ 1,184.24
OTHER DIRECT COSTS (ODC)
l) Travel/Mileage Costs (supported by consultant actual costs) $ 134.40
m) Equipment Rental and Supplies (itemize) $ 100.00
- Miscellaneous Project Expenses (copies, postage, etc.)
n) Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc. $ 700.00
- Eastern Information Center Records Search
- Western Science Center Records Search
o) Subconsultant Costs (attach detailed cost proposal in same format as
prime consultant estimate for each subconsultant) $ _______________
p) TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o)] $ 934.40
TOTAL COST [(c) + (e) + (j) + (k) + (p)] $ 13,961.00
NOTES:
Employees subject to prevailing wage requirements to be marked with an *.
Local Assistance Procedures Manual EXHBIT 10-H
Dune Palms Road Low Water Crossing Replacement Cost Proposal
Page 2
LPP 13-01 April 7, 2014
ODC items should be based on actual costs and supported by historical data and other documentation.
ODC items that would be considered “tools of the trade” are not reimbursable.
ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in
overhead rate.
Travel related costs should be pre-approved by the contracting agency. The rates should not exceed the State Department of
Personnel Administration (DPA) requirements.
Dune Palms Bridge ‐ ODC ‐ Cogstone5/28/2014NameUnit Price# Units Cost Estimate Billed atMileage$0.56 240240 $134.40 Actual CostPhotocopies of Research$50.00 11 $50.00 Actual CostPostage and Reproduction$50.00 11 $50.00 Actual CostEastern Information Center Records Search $600.00 11 $600.00 Actual CostWestern Science Center Records Search $100.00 11 $100.00 Actual CostTOTAL$934.40
Form 10H
CONSULTANT COST PROPOSAL
CONTRACT No.: Dune Palms Road Low Water Crossing Replacement @ CVSWC; City Prohect No.: 2011-05
CONSULTANT: Overland, Pacific and Cutler, Inc.
Date : 3/5/2014
DIRECT LABOR
Range Hours
Average Hourly
Rate Total
15 $ 80.00 $ 1,200.00
33 $ 43.27 $ 1,427.91
20 $ 32.94 $ 658.80
230 $ 38.47 $ 8,848.10
104 $ 22.29 $ 2,318.16
176 $ 21.46 $ 3,776.96
LABOR COSTS
a) Subtotal Direct Labor Costs $ 18,229.93
b) Anticipated Salary Increases (see page 2 for sample) $ 911.50
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 19,141.43$
FRINGE BENEFITS
d) Fringe Benefits (Rate:0%)e) TOTAL FRINGE BENEFITS [(c) x (d)]-$
INDIRECT COSTS
f) Overhead (Rate:161% )
g) Overhead [(c) x (f)] 30,818$
h) General and Administrative (Rate:0% )
i) Gen & Admin [(c) x (h)]-$
j) Total Indirect Costs [(g) + (i)] (Rate:161% )j) Total Indirect Costs [(g) + (i)]30,817.70$
FIXED FEE (Profit)
n) (R 10% )k) TOTAL PROFIT [(c) + (e) + (j)] x (q) 4,995.91$
OTHER DIRECT COSTS (ODC)
l) Travel/Mileage Costs $ -
m) Equipment Rental and Supplies $ -
n) Permit Fees, Plan sheets, Test Holes, etc. $ -
o) OPC- Right of Way Appraisals $ 16,900.00
p) Review Appraisals $ 11,500.00
q) TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o) + (p)] 28,400.00$
TOTAL COST [(c) + (e) + (j) + (k) + (q)] 83,355.04$
NOTES:
Employees subject to prevailing wage requirements to be marked with an *.
ODC items should be based on actual costs and supported by historical data and other documentation.
ODC items that would be considered “tools of the trade” are not reimbursable.
ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.
Attach detailed cost proposal in same format as prime consultant estimate for each subconsultant)
Travel/Mileage Costs (supported by consultant actual costs)
Equipment Rental and Supplies (itemize)
Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc.
Alfredo Jacquez
Project Support
Agent/Analyst
Sr. Agent
Sr. Analyst
Mona Montano
James Vanden Akker
Inez Garcia
COST PROPOSAL
Classification/Title Name
John Cutler
Dan CoffeyProject Manager
Program Manager
ODC Breakdown
APN Owner Subject Appraisal
Fee
Review
Fee
Title Fee
600-030-010 Chin Family
Prop Ltd
Partnership
Land parcel $8,400 $3,800 $650
Single family home $2,500 $1,800
Mobile home coach $1,500 N/A
600-030-018 DWCG1 Vacant commercial
land $4,500 $2,200 $650
600-010-009 CVWD Flood Control parcel N/A N/A $1,200
Contingency* $1,200
Totals $16,900 $7,800 $3,700
*A contingency has been applied to preliminary title report fees in order to account for uncertainty
regarding ownership complexities and the potential need to provide updates a year has passed.
Form 10H
CONSULTANT COST PROPOSAL
CONTRACT No.: Dune Palms Road Low Water Crossing Replacement @ CVSWC; City Prohect No.: 2011-05
CONSULTANT: Section 37 Consultants (Survey Subconsultant)
Date : 3/5/2014
DIRECT LABOR
Range Hours
Average Hourly
Rate Total
Principal Surveyor 62 $ 52.01 $ 3,224.43
Survey Party Chief 36 $ 42.00 $ 1,512.00
Survey Chainman 36 $ 32.00 $ 1,152.00
$ -
$ -
$ -
$ -
$ -
LABOR COSTS
a) Subtotal Direct Labor Costs $ 5,888.43
b) Anticipated Salary Increases (see page 2 for sample) $ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 5,888.43$
FRINGE BENEFITS
d) Fringe Benefits ( Rate: 15%)e) TOTAL FRINGE BENEFITS [(c) x (d)] 883.26$
INDIRECT COSTS
f) Overhead (Rate: 65% ) g) Overhead [(c) x (f)]3,827$
h) General and Administrative (Rate: 40% )
i) Gen & Admin [(c) x (h)]2,355.37$
j) Total Indirect Costs [(g) + (i)] (Rate:105%)j) Total Indirect Costs [(g) + (i)]6,182.85$
FIXED FEE (Profit)
n) (Rate:10% )k) TOTAL PROFIT [(c) + (e) + (j)] x (q) 1,295.45$
OTHER DIRECT COSTS (ODC)
l) Travel/Mileage Costs
m) Equipment Rental and Supplies
n) Permit Fees, Plan sheets, Test Holes, etc.
o) Photogrammetric Imagery (Aerial Mapping $4500)4,500.00$
p) TOTAL OTHER DIRECT COSTS [(l) + (m) + (n) + (o)] 4,500.00$
TOTAL COST [(c) + (e) + (j) + (k) + (p)] 18,750.00$
NOTES:
Employees subject to prevailing wage requirements to be marked with an *.
ODC items should be based on actual costs and supported by historical data and other documentation.
ODC items that would be considered “tools of the trade” are not reimbursable.
ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.
Attach detailed cost proposal in same format as prime consultant estimate for each subconsultant)
Travel/Mileage Costs (supported by consultant actual costs)
Equipment Rental and Supplies (itemize)
Aaron Darling
COST PROPOSAL
Classification/Title Name
Benjamin Egan
Ian Parsons
Dune Palms Bridge ‐ ODC ‐ Section 375/28/2014NameUnit Price# Units Cost Estimate Billed atFlight and Photo Lab work (LS)$900.00 11 $900.00 Actual CostMapping (LS)$3,100.00 11 $3,100.00 Actual CostProject Management & Oversight (LS) $500.00 11 $500.00 Actual CostTOTAL $4,500.00
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services, Exhibit
“A” of this Agreement in accordance with the attached Project Schedule, attached
hereto and incorporated herein by this reference.
Last revised 9-4-13 19
ID Task Name Duration
1 Dune Palms Road Low Water Crossing Replacement 1198 days
2 Project Start 0 days
3 Kick-off Meeting 1 day
4 Phase 1 - Project Approval and Environmental Documents (PA&ED)375 days
5 Project Management 375 days
6 Environmental Review (CEQA/NEPA Report Technical Studies)375 days
7 Project Kick-off and Project Description 20 days
8 Research and Investigation 28 days
9 Preliminary Environmental Study (PES)45 days
10 Technical Studies 115 days
28 Environmental Assessment/Initial Study 187 days
35 Utility Coordination 355 days
40 Topographic Base Mapping 38 days
43 Preliminary Geotechnical Investigation 71 days
50 Location Hydraulic Study 70 days
51 Channel Hydrology and Hydraulic Study 150 days
52 General Plan and Bridge Type Selection Report 120 days
53 Preliminary Design Plans 60 days
54 Preliminary Engineer's Estimate 30 days
55 Preliminary Right of Way Cost Study 45 days
56 Legals & Exhibits 30 days
57 Bridge Railing Aesthetic Study 28 days
58 Phase 2 - Final Design 399 days
59 Project Management 393 days
60 Environmental Permitting 150 days
65 Right of Way 247 days
71 Roadway and Bridge Plans Bid Documents 130 days
86 Final Design Utility Coordination 143 days
91 Final Bid Package and RE File 142 days
103 CVWD Encroachment Permit 35 days
104 Construction Auhtorization (E-76)1 day
105 Contract Bidding and Award Assistance 30 days
106 Construction 422 edays
12/4
6/2 Kick-off Meeting
Phase 1 - Project Approval and Environmental Documents (PA&ED)
6/2 11/6
6/2 11/6
6/2 6/27
6/2 7/9
7/10 9/10
6/30 11/6
8/18 10/8
6/30 10/6
10/9 1/14
10/9 5/6
1/15 7/1
10/9 12/31
2/16 3/27
2/2 4/3
1/1 2/11
1/5 2/11
Phase 2 - Final Design
11/9 5/10
11/9 6/3
11/9 10/18
10/30 4/28
Final Bid Package and RE File
4/29 6/16
10/19
10/20 11/30
5/10 7/6
Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4
013 2014 2015 2016 2017 2018
Schedule for the Dune Palms Road
Low Water Crossing Replacement
Mon 3/3/14 City Project No. 2011-05
Federal Aid Project No. BRLKS-5433(014)
Exhibit D
Special Federal Requirements
The Project covered by this Agreement may be partially funded by various
Program funds administered through the California Department of Transportation
(Caltrans) As Such, the Consultant shall comply with the requirements of 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, and Caltrans Local Procedures Manual Processing
Procedures for Implementing Federal and/or State Funded Local Public Transportation
Projects.
D1.0 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
D1.1 Consultants must give consideration to DBE firms as specified in 23 CFR
§172.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the
goal by using DBEs as subconsultants or document a good faith effort to have met the
goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith
effort to replace him/her with another DBE subconsultant if the goal is not otherwise
met.
D1.2 A DBE may be terminated only with written approval by City and only for
the reasons specified in 49 CFR 26.53 (f). Prior to requesting City's consent for the
proposed termination, the prime consultant must meet the procedural requirements
specified in 49 CFR 26.53(f).
D2.0 CERTIFICATIONS
D2.1 Caltrans LAPM Exhibits 10-F Certification of Consultant is attached and a
part of this Agreement.
D3.0 COST PRINCIPLES
D3.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
D3.2 Consultant also agrees to comply with federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
D3.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to City.
Exhibit D Special Federal Requirements 1
D4.0 CONTINGENT FEE
D4.1 Consultant warrants, by execution of this contract that no person or selling
agency has been employed, or retained, to solicit or secure this contract upon an
agreement or understanding, for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by Consultant for the purpose of securing business. For breach or
violation of this warranty, City has the right to annul this contract without liability; pay
only for the value of the work actually performed, or in its discretion to deduct from the
contract price or consideration, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
D5.0 DISPUTES
D5.1 Any dispute, other than audit, concerning a question of fact arising under
this contract that is not disposed of by agreement shall be decided by the City’s Contact
Officer, who may consider written or verbal information submitted by Consultant.
D5.2 Not later than 30 days after completion of all deliverables necessary to
complete the plans, specifications and estimate, Consultant may request review by City
Governing Board of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
D5.3 Neither the pendency of a dispute, nor its consideration by the Contract
Officer will excuse Consultant from full and timely performance in accordance with the
terms of this contract.
D6.0 AUDIT REVIEW PROCEDURES
D6.1 Any dispute concerning a question of fact arising under an interim or post
audit of this contract that is not disposed of by agreement, shall be reviewed by City’s
Chief Financial Officer.
D6.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by City’s Chief Financial Officer of unresolved audit issues. The
request for review will be submitted in writing.
D6.3 Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from full and timely performance, in accordance with the terms of this
contract.
D6.4 Consultant and subconsultants’ contracts, including cost proposals and
indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant
(CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost
proposal and ICR and related workpapers, if applicable, will be reviewed to verify
Exhibit D Special Federal Requirements 2
compliance with 48 CFR, Part 31 and other related laws and regulations. In the
instances of a CPA ICR Audit Workpaper Review it is Consultant’s responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA’s
workpapers. The contract, cost proposal, and ICR shall be adjusted by Consultant and
approved by City contract manager to conform to the audit or review recommendations.
Consultant agrees that individual terms of costs identified in the audit report shall be
incorporated into the contract by this reference if directed by City at its sole discretion.
Refusal by Consultant to incorporate audit or review recommendations, or to ensure
that the Federal, State, or local governments have access to CPA workpapers, will be
considered a breach of contract terms and cause for termination of the contract and
disallowance of prior reimbursed costs.
D7.0 SUBCONTRACTING
D7.1 Consultant shall perform the work contemplated with resources available
within its own organization; and no portion of the work pertinent to this contract shall be
subcontracted without written authorization by City’s Contact Officer, except that, which
is expressly identified in the approved Cost Proposal.
D7.2 Nothing contained in this Contract or otherwise, shall create any
contractual relation between the Agency and any subconsultants, and no subcontract
shall relieve the Consultant of his/her responsibilities and obligations hereunder. The
Consultant agrees to be as fully responsible to the Agency for the acts and omissions of
its subconsultants and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by the Consultant. The
Consultant's obligation to pay its subconsultants is an independent obligation from the
Agency's obligation to make payments to the Consultant.
D7.3 Any subcontract in excess of $25,000 entered into as a result of this
contract, shall contain all the provisions stipulated in this contract to be applicable to
subconsultants.
D7.4 Consultant shall pay its subconsultants within ten (10) calendar days from
receipt of each payment made to the Consultant by the Agency.
D7.5 Any substitution of subconsultants must be approved in writing by City’s
Contact Officer prior to the start of work by the subconsultant.
D8.0 INSPECTION OF WORK
D8.1 Consultant and any subconsultant shall permit City, the state, and the
FHWA if federal participating funds are used in this contract; to review and inspect the
project activities and files at all reasonable times during the performance period of this
contract including review and inspection on a daily basis.
Exhibit D Special Federal Requirements 3
D9.0 SAFETY
D9.1 Consultant shall comply with OSHA regulations applicable to Consultant
regarding necessary safety equipment or procedures. Consultant shall comply with
safety instructions issued by City Safety Officer and other City representatives.
Consultant personnel shall wear hard hats and safety vests at all times while working on
the construction project site.
D9.2 Pursuant to the authority contained in Section 591 of the Vehicle Code,
City has determined that such areas are within the limits of the project and are open to
public traffic. Consultant shall comply with all of the requirements set forth in Divisions
11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably
necessary precautions for safe operation of its vehicles and the protection of the
traveling public from injury and damage from such vehicles.
D9.3 Any subcontract entered into as a result of this contract, shall contain all of
the provisions of this Article.
D10.0 CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR
D10.1 If claims are filed by City’s construction contractor relating to work
performed by Consultant’s personnel, and additional information or assistance from
Consultant’s personnel is required in order to evaluate or defend against such claims;
Consultant agrees to make its personnel available for consultation with City’S
construction contract administration and legal staff and for testimony, if necessary, at
depositions and at trial or arbitration proceedings.
D10.2 Consultant’s personnel that City considers essential to assist in defending
against construction contractor claims will be made available on reasonable notice from
City. Consultation or testimony will be reimbursed at the same rates, including travel
costs that are being paid for Consultant’s personnel services under this contract.
D10.3 Services of Consultant’s personnel in connection with City’s construction
contractor claims will be performed pursuant to a written contract amendment, if
necessary, extending the termination date of this contract in order to resolve the
construction claims.
D10.4 Any subcontract in excess of $25,000 entered into as a result of this
contract, shall contain all of the provisions of this Article.
D11.0 CONFIDENTIALITY OF DATA
D11.1 All financial, statistical, personal, technical, or other data and information
relative to City’s operations, which are designated confidential by City and made
available to Consultant in order to carry out this contract, shall be protected by
Consultant from unauthorized use and disclosure.
Exhibit D Special Federal Requirements 4
D11.2 Permission to disclose information on one occasion, or public hearing held
by City relating to the contract, shall not authorize Consultant to further disclose such
information, or disseminate the same on any other occasion.
D11.3 Consultant shall not comment publicly to the press or any other media
regarding the contract or City’s actions on the same, except to City’s staff, Consultant’s
own personnel involved in the performance of this contract, at public hearings or in
response to questions from a Legislative committee.
D11.4 Consultant shall not issue any news release or public relations item of any
nature, whatsoever, regarding work performed or to be performed under this contract
without prior review of the contents thereof by City, and receipt of City’s written
permission.
D11.5 Any subcontract entered into as a result of this contract shall contain all of
the provisions of this Article.
D11.6 All information related to the construction estimate is confidential, and
shall not be disclosed by Consultant to any entity other than City.
D12.0 NATIONAL LABOR RELATIONS BOARD CERTIFICATION
D12.1 In accordance with Public Contract Code Section 10296, Consultant
hereby states under penalty of perjury that no more than one final unappealable finding
of contempt of court by a federal court has been issued against Consultant within the
immediately preceding two-year period, because of Consultant’s failure to comply with
an order of a federal court that orders Consultant to comply with an order of the National
Labor Relations Board.
D13.0 EVALUATION OF CONSULTANT
D13.1 Consultant’s performance will be evaluated by City. A copy of the
evaluation will be sent to Consultant for comments. The evaluation together with the
comments shall be retained as part of the contract record.
D14.0 STATEMENT OF COMPLIANCE
D14.1 Consultant’s signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that
Consultant has, unless exempt, complied with, the nondiscrimination program
requirements of Government Code Section 12990 and Title 2, California Administrative
Code, Section 8103.
D14.2 During the performance of this Contract, Consultant and its
subconsultants shall not unlawfully discriminate, harass, or allow harassment against
Exhibit D Special Federal Requirements 5
any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of
family care leave. Consultant and subconsultants shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. Consultant and subconsultants shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.)
and the applicable regulations promulgated thereunder (California Code of Regulations,
Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Contract by reference and made a part hereof as if set forth in full. Consultant
and its subconsultants shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other Agreement.
D15.0 DEBARMENT AND SUSPENSION CERTIFICATION
D15.1 Consultant’s signature affixed herein, shall constitute a certification under
penalty of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR Part 180, “OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)”, which certifies that he/she or any
person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three
(3) years; does not have a proposed debarment pending; and has not been indicted,
convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past three (3)
years. Any exceptions to this certification must be disclosed to City.
D15.2 Exceptions will not necessarily result in denial of recommendation for
award, but will be considered in determining Consultant responsibility. Disclosures
must indicate to whom exceptions apply, initiating agency, and dates of action.
D15.3 Exceptions to the Federal Government Excluded Parties List System
maintained by the General Services Administration are to be determined by the Federal
highway Administration.
D16.0 STATE PREVAILING WAGE RATES
D16.1 Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the work.
D16.2 Any subcontract entered into as a result of this contract if for more than
$25,000 for public works construction or more than $15,000 for the alteration,
Exhibit D Special Federal Requirements 6
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Article.
D17.0 CONFLICT OF INTEREST
D17.1 Consultant shall disclose any financial, business, or other relationship with
City that may have an impact upon the outcome of this contract, or any ensuing City
construction project. Consultant shall also list current clients who may have a financial
interest in the outcome of this contract, or any ensuing City construction project, which
will follow.
D17.2 Consultant hereby certifies that it does not now have, nor shall it acquire
any financial or business interest that would conflict with the performance of services
under this contract.
D17.3 Any subcontract in excess of $25,000 entered into as a result of this
contract, shall contain all of the provisions of this Article.
D17.4 Consultant hereby certifies that neither Consultant, nor any firm affiliated
with Consultant will bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract. An
affiliated firm is one, which is subject to the control of the same persons through joint-
ownership, or otherwise.
D17.5 Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this contract shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction
project resulting from this contract.
D18.0 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
D18.1 Consultant warrants that this contract was not obtained or secured
through rebates kickbacks or other unlawful consideration, either promised or paid to
any City employee. For breach or violation of this warranty, City shall have the right in
its discretion; to terminate the contract without liability; to pay only for the value of the
work actually performed; or to deduct from the contract price; or otherwise recover the
full amount of such rebate, kickback or other unlawful consideration.
D19.0 PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS
FOR LOBBYING
D19.1 Consultant certifies to the best of his or her knowledge and belief that:
a. No state, federal or City appropriated funds have been paid, or will be paid
by-or-on behalf of Consultant to any person for influencing or attempting to influence an
Exhibit D Special Federal Requirements 7
officer or employee of any state or federal agency; a Member of the State Legislature or
United States Congress; an officer or employee of the Legislature or Congress; or any
employee of a Member of the Legislature or Congress, in connection with the awarding
of any state or federal contract; the making of any state or federal grant; the making of
any state or federal loan; the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid, or will
be paid to any person for influencing or attempting to influence an officer or employee of
any federal agency; a Member of Congress; an officer or employee of Congress, or an
employee of a Member of Congress; in connection with this federal contract, grant, loan,
or cooperative agreement; Consultant shall complete and submit Standard Form-LLL,
“Disclosure Form to Report Lobbying”, in accordance with its instructions.
D19.3 This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, US. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
D19.4 Consultant also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower-tier subcontracts,
which exceed $100,000, and that all such sub recipients shall certify and disclose
accordingly.
D20.0 EQUIPMENT PURCHASE
D20.1 Prior authorization in writing, by City's Contract Administrator shall be
required before Consultant enters into any unbudgeted purchase order, or subcontract
exceeding $5,000 for supplies, equipment, or Consultant Services. Consultant shall
provide an evaluation of the necessity or desirability of incurring such costs.
D20.2 For purchase of any item, service or consulting work not covered in
Consultant's Cost Proposal and exceeding $5,000 prior authorization by City's Contract
Administrator; three competitive quotations must be submitted with the request, or the
absence of bidding must be adequately justified.
D20.3 Any equipment purchased as a result of this contract is subject to the
following: "Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and
is sold or traded in, City shall receive a proper refund or credit at the conclusion of the
contract, or if the contract is terminated, Consultant may either keep the equipment and
credit City in an amount equal to its fair market value, or sell such equipment at the best
Exhibit D Special Federal Requirements 8
price obtainable at a public or private sale, in accordance with established City
procedures; and credit City in an amount equal to the sales price. If Consultant elects
to keep the equipment, fair market value shall be determined at Consultant's expense,
on the basis of a competent independent appraisal of such equipment. Appraisals shall
be obtained from an appraiser mutually agreeable to by City and Consultant, if it is
determined to sell the equipment, the terms and conditions of such sale must be
approved in advance by City." 49 CFR, Part 18 requires a credit to Federal Funds
when participating equipment with a fair market value greater than $5,000 is credited to
the project.
D20.4 All subcontracts in excess of $25,000 shall contain the above provisions.
Exhibit D Special Federal Requirements 9