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2008 RBF Consulting/Adams BridgeLast Revised 8-14-07 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 RBF Consulting, a California Corporation, ("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 Adams Street Bridge Improvements, Project No. 2006-06, 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). i 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work shall be performed in accordance with the generally accepted standards of quality and workmanship of similar professionals in the County of Riverside. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to meet these standards 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 when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 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 Nine Hundred Eleven Thousand Four Hundred Fifty-two Dollars ($911,452.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. 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 performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the r Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on February 6, 2008 and terminate on December 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 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: Brad Mielke, S.E., P.E. Brad Donais, P.E. a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. 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 r may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 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, personal and public liability and property damage 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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 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. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. Notwithstanding this last sentence, the City will accept insurance procured from Lloyds of London. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days 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 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City and any and all of their officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 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 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. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. 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. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who 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. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 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. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 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. 6.4 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. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 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. 7.2 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 7.8. 7.3 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. 7.4 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. 7.5 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 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 7.3. 7.8 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 7.2, 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 7.3. 7.9 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. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 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. 8.2 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. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 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: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: RBF Consulting Attention: Brad Mielke, S.E., P.E. Senior Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 9.2 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. 9.3 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. 9.4 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. 9.5 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J.,Kontecino, CMC, City APPROVED AS TO FORM: Ka Anne Jenson C y Attorney CONSULTANT: RBF Consulting, a California Corporation By: Name: Brad Mielke, S.E., P.E. Title: Senior Vice President Date: //1Y/oF Last Revised 8-14-07 Exhibit A Scope of Services Consultant's scope of work to related to Adams Street Bridge Improvements, Project No. 2006-06 is attached and made a part of this agreement. Scope of Work Program = 0 '. q ( j' ,h ; PHASE 1 - ENVIRONMENTAL CLEARANCE & PROJECT STUDY REPORT EQUIVALENT Task 1: Project Management. RBF will manage project duties for the Phase 1 component of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: 1. Prepare and maintain the environmental quality control plan 2. Prepare monthly project documentation and invoicing 3. Prepare and maintain the project schedule for environmental approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the project EA/IS phase will take no more than 16 months. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with the City of La Quinta regarding environmental processing of documents, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 16 PDT meetings. Coordination with Caltrans District 8. RBF will coordinate with the Caltrans District 8 Environmental Office in order to prepare and process the appropriate and necessary documentation. RBF assumes four (4) coordination meeting with Caltrans. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. The following agencies are likely to be among those included in the coordination effort: City of La Quinta, County of Riverside, Caltrans, South Coast Air Quality Management District (SCAQMD), U.S. Army Corps of Engineers, California Department of Fish and Game (CDFG), Regional Water Quality Control Board (RWQCB), the State Historic Preservation Office (SHPO), and the US Fish and Wildlife Service (USFWS). Rldg— Adams Street Bridge Improvements ® Page D-1 Project Number 2006-06 0 Scope of Work Program Task 2: Environmental Approval. This task will be completed in the following five subtasks in conjunction with the above task. 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 the parameters of the analysis, scheduling and understanding of the project. Based upon concept plan information and supporting data developed under separate engineering tasks, RBF will draft a preliminary project description for review and approval by CITY, Department staff, and other PDT members as determined necessary. Task 2.2 Research and Investigation RBF 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 visit with 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, RBF will prepare a PES for the project in support of the engineering and design services to be provided by the RBF project engineer. RBF will meet with City staff, the RBF 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, RBF will review existing information and participate in a field review of the project site with the RBF project engineer, the City, and Caltrans. RBF will prepare a draft PES form (using the standard Caltrans form) prior to the site meeting with the RBF 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. RBF'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, RBF and others will prepare the required technical reports for the project, which will be included as appendices to the environmental documentation. Typically, on any project requiring federal approval, technical studies for hazardous materials, cultural resources, noise, air quality, and biological resources are required. The proposed scope of these environmental studies will be reviewed and confirmed with Caltrans at the initial field review meeting. The following technical studies will be prepared by RBF: Adams Street aridge Improvements ❑ Page D-2 Project, Number 2006 06 ❑ Scope of Work Program (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, 2007) 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 quailification 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 (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 a Biological Evaluation where the biological issues are limited to those covered in the BE. If the project scope is expanded to a full NES, a revised scope and fee will be submitted to the City. Adams Street Bridge Improvements © Page D-3 Project Number 2006 06 13 Scope of Work Program 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. RBF will prepare and distribute up to five copies of the NES-MI for each of the three review cycles and will respond to comments and update the NES-MI as needed for completion of each cycle. The Consultants biologist will be available to attend up to three team meetings, including PDT meetings. 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 milk vetch (federally endangered) (spring survey period) o 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. 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, 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 Adams Street Bridge Improvements o Page D-4 Project Number 2006-06 13 Scope of Work Program 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. 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 (OPTIONAL). In the event that endangered species (i.e., Coachella Valley milk -vetch) or critical habitats are present, 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. However, as a rough estimate of the cost for Consultant to assist with a Section 7 Consultation is included in the fee proposal. Jurisdictional Delineation. RBF 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. RBF 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. RBF 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. WFAdams Street Bridge Improvements m Page U-5 Project Number 2006-06 13 Scope of Work Program Cultural and Paleontological Resources. All cultural resource efforts will be completed in compliance with CEQA and Section 106 of the National Historic Preservation Act (NHPA) and will follow the requirements set forth in the Caltrans Environmental Handbook Volume H, Cultural Resources and the Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal -aid Highway Program in California (Programmatic Agreement). For paleontological resources Consultant will follow Caltrans guidelines. The scope of this proposal stipulates the following: • The APE Map will be prepared by the Consultant with collaboration between the City and Caltrans. • No archaeological, built environment, or paleontological resources will be identified that will require documentation or evaluation. Caltrans APE Map. Consultant will produce the project Study Area and/or area of potential effects (APE) map with collaboration with Caltrans and City Staff. This proposal stipulates that an APE map will be submitted and there will be up to two rounds of response to comments. Research. A cultural resource records search will be conducted at the Eastern Information Center located at the University of California, Riverside. The EIC is the state -designated repository for records concerning cultural resources in Riverside County. The records search will provide information on known cultural resources and on previous cultural resources investigations within a one -mile radius of the project area. Data sources that will be consulted at the EIC include archaeological site and artifact records, historic maps, reports from previous studies, and the state's Historic Resource Inventory (HRI) for Riverside County, which contains listings for National Register of Historic Places (National Register), California Register of Historical Resources (California Register), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). In addition, RBF will conduct research to determine the land use history of the project. The paleontological resource literature review will be conducted with available maps and references to determine if significant nonrenewable fossil specimens are known from sediments on or around the project parcels. Coordination with City, Caltrans /SB-18 Consultation with Native Americans (OPTIONAL). Consultant anticipates that cultural resource staff will attend up to four meetings with the City and/or Caltrans. Adams Street Bridge Improvements El Page D-6 Pro]oct Number 2006-06 13 Scope of Work Program Consultant will contact the Native American Heritage Commission (NAHC); the NAHC will provide a list of Native American groups to contact regarding this project. Consultant will coordinate with Caltrans to consult with the tribes. Consultant will also consult with other interested parties, including non -federally recognized Native American groups and local historical and archaeological societies. With Caltrans' approval Consultant will contact up to 15 groups. Consultant will contact each group via certified mail. After 30 days Consultant will follow up with those groups that have not commented, via telephone. Consultant will attempt to contact each group up to 2 times. Consultant will document all efforts to consult with each group. Additional budget may be required to address issues or concerns raised by any tribes. Consultation will continue throughout the Section 106 compliance effort. Field Survey/DPR Forms (OPTIONAL). Consultant will conduct a systematic archaeological field survey of portions of the APE that are not obscured by asphalt/concrete. The ground surface will be visually examined for evidence of prehistoric (Native American) or historic (non -Native American) archaeological materials and other potential built environment historic resources (e.g., buildings, bridges, railroads, mines, or canals). To meet state standards, any previously unrecorded resources identified during the survey will be recorded on State of California DPR 523 forms. Any resources requiring documentation will require additional budget. Paleontological resources will be recorded on fossil locality forms. For the purpose of this proposal, Consultant assumes that no resources will be identified. If resources are identified, additional budget will be required for their documentation. Cultural Reports. Consultant will prepare a Caltrans format Historic Property Survey Report (HPSR) and Archaeological Survey Report (ASR) for cultural resources (OPTIONAL); and a Paleontological Identification Report (PIR) (OPTIONAL) according to Caltrans specifications. The reports will describe: 1) the results of Native American Consultation, 2) research and field methods used in identifying cultural resources, 3) the archaeological and historic resources identified in the project vicinity, 4) the historic contexts based on the types of cultural resources identified, and 5) the potential of the project to adversely impact any archaeological or historic resources. If any prehistoric or historic archaeological resources are located within the APE, additional tasks may be required. If recommendations for further studies are warranted, Consultant will contact the City immediately. This scope of work allows for response to one round of client/Caltrans comments. Deliverables. Consultant will provide the City with up to (4) copies of Draft HPSR, Draft ASR (OPTIONAL), and Draft PIR (OPTIONAL); and six (6) copies of the Final HPSR, Final ASR (OPTIONAL), and Final PIR (OPTIONAL). WFAdams Street Bridge Improvements ❑ Page D-7 Pro)oct Number 2006 06 0 Scope of Work Program Air Quality Report. RBF 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 PMio hot -spot analyses should be based on the Transportation Conformity Guidance for Qualitative Hot -Spot Analyses in PM2.5 and PMIo Nonattainment and Maintenance Areas, which was adopted on March 2006. The PMio 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. RBF 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. RBF 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 WFAdams Street Bridge Improvements ❑ Page D-8 ...... Project Number 2006 06 13 Scope of Work Program project's standard conditions. Additionally, the analysis will address Caltrans Standard Specifications for Construction. Naturally Occurring Asbestos. RBF 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, RBF 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 though 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 stand alone report: • 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, PMjo, and PM2.5 nonattainment and maintenance areas, document that the hot -spot test required by 93.116(a) and, as applicable, 93.1 l (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; WFAdams Street Bridge Improvements ❑ Page D-9 Project Number 2006 06 13 Scope of Work Program • 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 nonatttainment 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 PMIo 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. RBF 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, RBF 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 travel will be calculated based on available information regarding these activities. Fugitive dust (PM2,5 and PMIo) 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 Adams Street Bridge Improvements o Page D-10 CONB1�„„o Project Number 2006-06 ❑ Scope of Work Program Handbook will be used for construction dust emission estimates. These emissions will be calculated based on construction information available and provided to RBF. This scope includes one round of responses to Client comments on the Air Quality Assessment. Additional responses on the Air Quality Assessment can be billed on a time and material basis. 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 terns of maximum noise levels (dBA Lma,), 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. Operational Noise Impacts. To assess the potential noise impacts, Consultant will undertake the following subtasks: • The existing and future noise levels will be assessed using the traffic noise impact screening procedure outlined in Section N-400 of the Caltrans Technical Noise Supplement (TeNS). • If the project passes the screening analysis, then no additional work will be required. Detailed Noise Abatement Decision Report (NADR) Analysis. If the proposed project fails the screening analysis, Consultant will perform a detailed noise analysis as outlined in section N-5000 of the TeNS. If the future with project noise levels are estimated to approach or exceed the Noise Abatement Criteria (NAC) established by the FHWA, then noise abatement measures, such as Adams Street Bridge Improvements 0 Page D-11 Project Nuinbcr 2006-06 0 Scope of Work Program sound barriers, will be analyzed. Consultant will assess the feasibility and reasonable allowance of the analyzed noise abatement measures. Initial Site Assessment (ISA). RBF 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: • RBF 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. RBF will utilize a database service to perform this search. e 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. • RBF 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), RBF will review available public records for up to three parcels at the appropriate oversight agency to determine the potential impact to the project. • RBF 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. Community Impact Assessment (OPTIONAL). RBF 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 Adams Street Bridge Improvements ❑ Page D-12 Project Number 2006-06 ❑ Scope of Work Program 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. Water Quality Assessment (WQA) RBF 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. Traffic Analysis RBF will conduct a traffic analysis for the Adam Street bridge improvements. RBF will collect AM and PM peak hour intersection counts at Adams Street and Westward Ho Dr and Adams Street and Highway 111. RBF will also collect new 24 hour traffic counts (including truck classification) on Adams Street (north of Highway 111), Highway 111 (west of Adams Street) and Westward Ho Drive (east of Adams Street). Based on the traffic data, level -of -service calculations will be generated for the intersections of Adams Street and Westward Ho Dr and Adams Street and Highway 111. Existing and future average daily trips (ADTS) will be generated for the following roadways segments Adams Street (north of Highway 111), Highway 111 (west of Adams St.) and Westward Ho Drive (east of Adams Street). The Adams Street bridge improvements are not capacity increasing and therefore no traffic mitigation is anticipated. Task 2.5: Environmental Categorical Exclusion/Initial Study. Draft Preliminary Environmental Evaluation. Working in consultation with the relevant agencies, RBF 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, RBF 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 Adams Street Bridge Improvements o Page D-13 Project Number 2006-06 a Scope of Work Program 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. RBF will prepare the Categorical Exclusion/Initial Study (CE/IS) per Caltrans and FHWA guidelines; its format will be determined in discussions with the agencies. Final Preliminary Environmental Evaluation. RBF will incorporate the City and Caltrans comments into the Environmental Evaluation. Notice of Initiation of Studies (NOIS). RBF will prepare the notices of preparation of an environmental document required by CEQA, NEPA, and Caltrans for local, State and federal agencies and the general public. RBF will prepare a Caltrans Notice of Initiation of Studies (NOIS) for review by the City and Caltrans and will distribute it by certified mail. Because an CE/IS is anticipated, no Notice of Preparation (NOP) or Notice of Intent (NOI) will not be required. If requested, RBF will arrange a public meeting to initiate the public input. Screencheck Draft Environmental Document. RBF will incorporate the purpose and need/project description from prior task(s) and the technical studies into the screencheck document. Based upon available data, RBF will prepare sections for land use, public safety, public services, recreation, and utilities. RBF will rely on the engineering firm's geotechnical and hydrology information. The MIS 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 RBF will provide the Screencheck CE/IS to agencies for review and comment, then revise it in response to the agencies' comments; then, a revised Screencheck CE/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, RBF will draft the CE/IS for public review. The critical objective of the CE/IS is 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 CE/IS. RBF will prepare the requisite public notices under State and Adams Street Bridge Improvements a Page 6-14 Pro7oct Number2006-06 Scope of Work Program federal law for distribution of the CE/IS. RBF 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. RBF will coordinate the preparation of the distribution list with the City and Caltrans, and the firm assumes that the agencies will distribute the document. Public Meeting. Public meetings are optional under the Caltrans process. The process may include some or all of the following actions, included here as optional tasks: Informational Meetings. RBF, the City and Caltrans would host up to two (2) informational meetings on the Draft CE/IS, one of which should focus on those federal and State agencies with jurisdiction over the project. The meetings would communicate the project's (preliminary) purpose, process, status, and to solicit early agency and public input. In cooperation with the City, RBF would arrange a suitable location for the informational meetings, whose dates and times are to be determined. Meeting Materials and Presentation Boards. RBF would prepare meeting materials and presentation boards for each informational meeting. The meeting materials will consist of an agenda, sign -in sheets, fill-in question cards, informational fact sheets, etc. RBF will prepare up to five (5) standard -sized (40 x 30 inch) presentation boards showing the project alternatives. The project's engineering firm will provide conceptual engineering support, survey and aerial mapping to define preliminary route alternatives for the public. Prior to public meetings, all meeting materials will be presented to the City and Caltrans for review and approval. Advertise Informational Meetings. If determined to be necessary, RBF would prepare project notifications, in Caltrans-approved format, for publication in three (3) local newspapers of the City's and Caltrans' choice. The advertisements will be one -quarter page and will run consecutively for two (2) days. RBF would arrange advertising using the City's or Caltrans governmental rates for public notification, which will be billed to the City. Record Public and Agency Involvement. RBF would prepare a Record of Public and Agency Involvement that will include letters and agency correspondence, and that will address comments and issues brought up during the informational meetings. Responses to Comments. At the close of the public review period for the CE/IS, RBF would meet with Caltrans staff to review any received comments on the CE/IS and to discuss potential responses to these comments. Then, RBF would formulate responses to the comments and submit the response document to the agencies for review and comment. The agencies' comments will be incorporated into the Response to Comments document, which will be submitted to Caltrans as an appendix to the CE/IS for use in public hearings. RBF would also prepare the draft Mitigated Negative Declaration (MND) Sheet for attachment to the CE/IS. Adams Street Bridge Improvements v Page D-15 Pro7oct Number 2006-06 13 Scope of Work Program Mitigation Monitoring Program/Environmental Commitments Record. Prior to City approval of the proposed project, RBF 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, RBF will assist the City and Caltrans to prepare appropriate findings and the Administrative Record. Prepare Notice of Determination. Following public review of the CE/IS, a Mitigated Negative Declaration (MND) will be prepared by RBF. 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 Categorical Exclusion. RBF has included a lump sum budget amount for the completion of the federal process that would include preparation of a Draft FONSI for agency use. Task 3: Environmental Permitting RBF will obtain all necessary environmental (regulatory) permits for the project within the Whitewater River Wash: RBF will prepare and process applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 404 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). 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. Until the jurisdictional delineation and the NES-MI have been completed, the cost for permitting actions cannot be accurately estimated. Based on a preliminary field review, RBF believes that the project would qualify for an NWP. The firm's permitting services include the following: Coordination with Project Team. RBF 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. RBF will Adams Street Bridge Improvements o Page D-16 Project Number 2046 06 0 Scope of Work Program arrange meetings, prepare agendas and distribute minutes and other relevant materials. Initial Coordination with Regulatory Agencies. RBF 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. RBF will arrange meetings with representatives of the Corps and RWQCB. RBF 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, RBF will prepare and submit the necessary permit application materials. RBF anticipates the following actions: The Corps will provide Section 404 authorization under a NWP. The RWQCB will issue Section 401 Water Quality Certification. 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. RBF 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 RBF. • 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. 'F Adams Street Bridge improvements a Page D-17 Project Number 2006-06 13 Scope of Work Program Section 404 Water Quality Certification Application. RBF 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. RBF 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 • 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) WFAdams Street Bridge Improvements ❑ Page D-18 Project Number 2006-06 ❑ Scope of Work Program 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, RBF 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, RBF will coordinate closely with the project team with regard to any agency concerns, questions, or request for additional materials that may arise. Section 7 Consultation/Coordination (OPTIONAL). As noted above in the technical reports section, RBF will prepare a Biological Assessment (BA) report if required. RBF will provide project team/agency coordination, as necessary, for preparation of a Biological Opinion (BO). SCHEDULE Typically, the schedule on a Caltrans job is driven by review cycles over which the consultant has limited control, so the following schedule focuses on the time required to prepare the consultant deliverables. Based upon experience with similar projects, RBF predicts the critical path schedule items will run according to the schedule on the following page. DELIVERABLES HPSR/ASR (Optional)/HRER (Optional): ■ Five (5) Copies of Screencheck Draft HPSR/ASR/HRER ■ Five (5) Copies of Final Draft HPSR/ASR/HRER ■ Five (5) Copies of Final HPSR/ASR/HRER Acoustical Screening Analysis: ■ Five (5) Copies of Screencheck Draft Acoustical Screening Analysis ■ Five (5) Copies of Final Draft Acoustical Screening Analysis ■ Five (5) Copies of Final Acoustical Screening Analysis Air Quality Assessment: ■ Five (5) Copies of Screencheck Draft AQA ■ Five (5) Copies of Final Draft AQA ■ Five (5) Copies of Final AQA Initial Site Assessment: ■ Five (5) Copies of Screencheck Draft ISA • Five (5) Copies of Final Draft ISA WFAdams Street Bridge Improvements 0 Page D-19 Project Number 2006 06 0 Scope of Work Program ■ Five (5) Copies of Final ISA Natural Environmental Study — Minimal Impact Report/Environmental Evaluation: ■ Five (5) Copies of Screencheck Draft NES-MIR ■ Five (5) Copies of Final Draft NES-MIR ■ Five (5) Copies of Final NES-MIR Water Quality Assessment: ■ Five (5) Copies of Screencheck Draft WQA ■ Five (5) Copies of Final Draft WQA ■ Five (5) Copies of Final WQA Traffic Impact Analysis • Five (5) Copies of Screencheck Draft TIA ■ Five (5) Copies of Final Draft TIA ■ Five (5) Copies of Final TIA Location Hydraulic Study/Floodplain Evaluation Report: ■ Five (5) Copies of Screencheck LHS ■ Five (5) Copies of Final Draft LHS ■ Five (5) Copies of Final LHS Community Impact Assessment Screening (Optional): ■ Five (5) Copies of Screencheck Draft CIA Screening ■ Five (5) Copies of Final Draft CIA Screening ■ Five (5) Copies of Final CIA Screening NEPA Compliance -Categorical Exclusion: ■ Five (5) Copies of Screencheck Draft CE ■ Five (5) Copies of Final Draft CE ■ Five (5) Copies of Final CE Initial Study/Mitigated Negative Declaration: • Five (5) Copies of Screencheck Draft IS/MND ■ Five (5) Copies of Final Draft IS/MND ■ Sixty -Five (65) Copies of Public Review IS/MND ■ Ten (10) Copies of Final IS/MND ACOE 404 Permit Application: ■ Two (2) Copies of Draft 404 Application ■ Two (2) Copies of Final 404 Application RWQCB 401 Water Quality Certification Application: ■ Two (2) Copies of Draft 401 Application Adams Street Bridge Improvements n Page D-20 Project Number 2006-06 Scope of Work Program ■ Two (2) Copies of Final 401 Application CDFG 1602 Streambed Alteration Agreement Application: ■ Two (2) Copies of Draft 1602 Application ■ Two (2) Copies of Final 1602 Application Task 3: Utility Coordination. RBF will obtain file copies of utility maps within the project limits for all existing and /or proposed facilities. Following receipt of the existing utility plans from each utility company RBF will prepare preliminary plans, which shall include all utility location information as provided by the owning utility companies. These plans will be sent to each utility company within the project limits with request for review and comments on the plans with respect to their respective facilities, and any other project specific information. Monitor response of utility notices received and then make recommendations for mitigating conflicts. Provide written responses to utility companies with regard to stated concerns. Unresolved issues shall be brought to the attention of the City's Project Manager as early as practical. All utility conflict issues shall be resolved prior to the completion of the design plans as follows: a. RBF will be responsible to ensure that the owning utility company provides a written acknowledgment of the conflict, and that they will make necessary adjustments or relocations upon receipt of a written directive from the County. b. Reasonable efforts are to be taken to accommodate utility company requests for minor design changes to accommodate their facilities. The consultant is reminded that the utility companies are generally operating within the City's right of way, but may have superior rights to that of the City in some cases. Additionally, the utility companies share the use of the right of way in order to serve the general public, and deserve a high level of communication and cooperation. C. Coordinate provisions for the City's contractor to perform adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility. All above ground facilities shall be shown on the preliminary and final plans, and all underground utility information that is provided by the owning utility companies shall be shown. All known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. The plans should show all poles, with pole numbers, within the project limits. Conduct coordination meetings, as required, regarding adjustments and relocations. Adams Street Bridge Improvements o Page D-21 Project Numbcr 20OG-06 0 Scope of Work Program Communicate with the City's utility coordination staff, and provide copies of correspondence and other information upon request. The City's utility coordination staff will submit the official notice / order to the utility companies to relocate conflicting facilities. Make recommendations for special provision language with regard to utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. Assist with the resolution of utility related issues that may arise during the bidding process and during construction, including design modifications as needed and as approved by the Project Manager. Obtain electrical service point for each service equipment enclosure to be installed, and obtain any requirements that the serving electrical utility provider (Imperial Irrigation District) has for the provision of electric service. Fulfill the serving electrical utility provider's requirements as appropriate, and advise City of any that are beyond the scope of the project (eg: applications for service). Within utility coordination correspondence, remind the serving electrical utility provider that Electrical Safety Orders clearance requirements must be met (10' radial clearance between 12kv overhead facilities and signal poles and mastarms, and greater clearance for higher voltage facilities). This clearance may be an issue with the parallel transmission lines and the new proposed profile of the roadway for the all weather crossing. Submit draft service connection plans to the serving electric utility company for approval (Service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate) Copies of all correspondence with utilities should be furnished to the City. Task 4: Topographic Base Mapping. RBF will obtain file copies of utility maps within the project limits for all existing and /or proposed facilities. Following receipt of the existing utility plans from each utility company RBF will prepare RBF will provide aerial mapping of the proposed project between Westward Ho Drive and approximately 500' south of the service entrance to Kohl's on the west side of the proposed bridge crossing. The topography shall include, but not limited to, all features within the ROW and beyond to locate any existing facilities. Included at a minimum, any existing utility manholes, and top of cone and rim elevations on the existing roadway sections affected by the new roadway. In addition, RBF 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 Adams Street. law Adams Street Bridge Improvements o Page D-22 .... I..o Project Numlacrr 200606 0 Scope of Work Program Topography will include, but not limited to, features within the ROW and beyond to ensure adequate relocation of any existing facilities, provide adequate information for runoff and drainage analysis, provide ample detail and range for detailed design and quantity estimating, and conduct appropriate hydrology studies. Task 5: Geotechnical Report. RBF with assistance from Earth Mechanics, will conduct a field investigation, performing laboratory tests, and conducting analyses to develop geotechnical parameters and recommendations for the design and construction of the proposed structures (bridge and retaining wall) and roadway pavement. Field Investi ag tion. The goals of this task are to document observations of subsurface conditions and collect soil samples for laboratory testing. We propose the following boringprogram: Design Element No. of Borings Approx. Depth ft Bridge 2 2 80 150 Retaining Wall 1 50 Pavement 2 1 10 Large bulk samples will be collected for the near -surface soil. Relatively undisturbed and disturbed samples will be collected at approximately 5-foot intervals. The California sampler will be used alternating with the Standard Penetration Test (SPT) sampler. Three disturbed samples from each of the two deep borings will also be collected for grain -size distribution; results of the grain -size distribution will be used for scour analysis. Laboratory Testing. The field boring logs will be reviewed and analyzed to select bulk and undisturbed samples for laboratory testing. The following laboratory tests are envisioned: • In -place moisture and unit • Maximum density weight • Grain -size analysis • Corrosivity • Collapse potential • Sand Equivalent • Direct Shear • R-Value Additional tests may be necessary depending on the subsurface conditions. All tests will be conducted in general accordance with Caltrans Test Methods and/or ASTM Standards. Adams Street Bridge Improvements a Page D-23 Project Number 2006 06 0 Scope of Work Program Engineering Analyses. Results obtained from the field and laboratory testing program will be used to establish an idealized soil profile and strength parameters for bridge and retaining wall foundation design, and slope stability and settlement calculations for the approaches. EMI will provide information on remediation measures if the site soils are corrosive to concrete or steel structures. R-value will be used to determine composite pavement structural sections using Traffic Indices provided by you. Report Preparation. We will prepare three reports: a Preliminary Foundation Report (PFR) for the Bridge Type Selection, a Foundation Report (FR) for the bridge PS&E submittal, and a brief letter report for the roadway pavement and embankment, and retaining wall foundation. Format and content of the PFR and FR will follow Caltrans guidelines. Five copies of the draft version of the reports will be submitted for review. Review comments will be incorporated into final reports and five copies will be submitted. Task 6: Preliminary Design Plans. RBF will develop a 35% street plan and profile showing the proposed roadway section and proposed profile as based on the results of the channel hydraulics, top of the proposed channel lining and the Bridge Type Selection. In addition, this plan will show all known utility conflicts caused by the proposed construction. RBF will submit 5 copies of the plans to the City for review, comment and approval. Task 7: Advance Planning Study. RBF will prepare an Advance Planning Study (APS) in support of the Environmental Document/Project Study Report to develop a feasible structure type and cost considering the roadway and other conditions for the new bridge. The APS will investigate and determine the structure length, width and type, span lengths, structure depth, railing types, including temporary rails, column locations and types of footing supports, falsework, vertical and horizontal clearances, location and slopes of cuts and fills, slope protection, approach slabs, and stage construction. Consultant will coordinate with roadway engineer on roadway issues, the hydraulics engineer for hydraulic studies, and the geotechnical engineer for bridge foundations. As a part of the APS, when requested by the City, RBF will review alternatives for uninterrupted pedestrian access through and across the channel during construction. Alternatives will include: 1) A separate temporary pedestrian walkway and structure located away from the construction zone. A portion of the pathway may be on structure in order to accommodate low flows in the channel. The proposed scope of work is based upon a single 60 foot span prefabricated bridge structure with temporary footings and Adams Street Bridge Improvements e Page D-24 Project Number 2006-06 ❑ Scope of Work Program railing. The walkway on grade along the slope and within the channel will consist of graded and asphalt paved paths. 2) Walkways adjacent to roadways under construction for each phase of construction. In both alternatives studies will consider ADA compliance, hydraulic requirements and construction cost of the temporary access. This pedestrian crossing is an Optional Task. The APS will consist of one plan sheet showing the basic bridge plan, elevation, profile, typical section and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and State Local Assistance Procedures Manual and Local Assitance Program Guidelines. The APS will include a Design Memo summarizing all the critical assumptions of the design. Deliverables • Advance Planning Study e Planning Estimate • Design Memo e APS Checklist Task 8: Bridge Type Selection/Preliminary Engineering Report. RBF will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Structures Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations. If requested by the City, a separate plan will be prepared for the construction of a temporary pedestrian access walkway identified in the APS. The plan will indicate the walkway alignment and cross sections. This pedestrian access walkway sub -task is an Optional Task. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate, preliminary hydraulics report and preliminary foundation report. The General Plan will present plan, elevation and cross -sectional views of the selected bridge type. The Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge. Task 9: Preliminary Engineers Estimate. RBF 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 Adams Street Bridge Improvements d Page D-25 Project Number 2006-06 0 Scope of Work Program Caltrans Contract Cost Data Book for unit costs. The preliminary cost estimate will include construction items, private property improvements, utility relocations, right- of-way, and water quality measures. Task 10: Whitewater River Channel Hydraulics Task 10.1 Channel Hydraulics. RBF will perform supporting water surface profile hydraulic analysis of the Whitewater River crossing to verify that the minimum freeboard requirements and flood protection levels are provided which are consistent with local and federal jurisdiction requirements. Water surface profiles will examine several different sets of conditions including multi -frequency analysis (2, 10, 25, 100-year and Standard Project Flood (SPF)). Per Coachella Valley Water District (CVWD) requirements, the crossing will convey the Standard Project Flood (SPF). 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. The surveyed cross sections and the hydraulic model will extend approximately 1000 feet upstream and downstream of the proposed bridge crossing. The proposed bridge section will be incorporated into the model to determine the effects of the bridge construction on the channel hydraulics. The channel hydraulics will be used to verify that minimum freeboard requirements and flood protection levels are provided which are consistent with local and federal jurisdiction requirements. Development of adequate effective flow area for the bridge channel section is the critical element to ensure adequate level of flood protection and service life of the bridge. Bridge hydraulics must consider the effect of debris accumulation which impinge and collect on the bridge piers. The primary criteria for the design of the bridge requires determination of the (1) maximum water surface for the low -chord of the bridge deck and (2) maximum scour depth in order to protection the piers and abutments. Evaluation of the maximum water surface is sensitive to the streambed material which effects the roughness coefficient Task 10.2 Scour Analysis. The introduction of manmade structures into the river geometry will cause local scour or the removal of streambed material resulting from vortices induced by flow obstructions. Long term trends of the river system may change the service life of the bridge. The total scour at bridge crossings is comprised of three components which include: (1) long term aggradation and degradation, (2) contraction scour, and (3) local scour. For the purpose of the bridge design, it will be assumed that the channel is currently in a state of equilibrium. It is WAdams Street Bridge Improvements o Page D-26 .o„g„L,,,,. Project Number 2006-06 Scope of Work Program assumed that the bridge abutments will not extend into the channel. Therefore, no contraction scour is expected. The local scour can introduce streambed variations from local flow acceleration which can expose part of the bridge structure. The local scour of the bridge structure is primarily influenced by the piers and abutment locations relative to the channel geometry. The potential local channel adjustment in the vicinity of the bridge due to the bridge structure, geometry, piers, and abutments will be analyzed. The local scour analysis follows the procedures and guidelines outlined in HEC-18 Evaluating Scour at Bridge. The evaluation includes the application of various empirical relations to quantify local scour depths and geometry based upon (1) pier scour, (2) contraction scour, and (3) abutment scour. Toe -protection depths for the revetment sections will be based upon the application of standard design criteria for alluvial channels. A preliminary assessment of potential scour protection requirements will be addressed. PHASE 2 — FINAL DESIGN Task 1: Project Management. RBF will manage project duties for the Phase 2 component of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: Prepare and maintain the quality control plan Prepare monthly project documentation and invoicing Prepare and maintain the project schedule for design approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the project design phase will take no more than 11 months. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 11 PDT meetings. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. The following agencies are likely to be among those included in the coordination effort: PF Adams Street Bridge Improvements 0 Page D-27 Project Number 2006-06 0 Scope of Work Program City of La Quinta, County of Riverside, Caltrans, South Coast Air Quality Management District (SCAQMD), U.S. Army Corps of Engineers, California Department of Fish and Game (CDFG), Regional Water Quality Control Board (RWQCB), the State Historic Preservation Office (SHPO), and the US Fish and Wildlife Service (USFWS). Task 2: Environmental Permitting. RBF will obtain all necessary environmental (regulatory) permits for the project within the Whitewater River Wash. As a continued coordination effort from Phase 1, RBF will provide coordination on the applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 404 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). 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. Until the jurisdictional delineation and the NES have been completed, the cost for permitting actions cannot be accurately estimated. Based on a preliminary field review, RBF believes that the project would qualify for an NWP. The firm's permitting services include the following: Coordination with Project Team. RBF 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. RBF will arrange meetings, prepare agendas and distribute minutes and other relevant materials. 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, RBF 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, RBF will coordinate closely with the project team with regard to any agency concerns, questions, or request for additional materials that may arise. Adams Street Bridge Improvements o Page D-28 Projcct Number 2006-06 0 Scope of Work Program Task 3: Monument Location Identification. RBF shall research the records, perform a field walk and compile on the construction plans the monumentation (including, but not limited to, centerline, right-of-way and section corners) that may be vulnerable to disturbance, destruction, or covering by material as a result of construction, reconstruction or maintenance. An initial search of the record maps revealed the project limits might contain 3 monuments. For budget purposes, RBF has assumed rehabilitation of 3 monuments at a cost of $700 per monument. This task will be billed at a per monument basis. Prior to construction, RBF shall field locate each monument and set and measure sufficient reference tie accessory points to each monument, as required under Section 8771. of the Professional Land Surveyor Act, and file a preliminary Corner Record document with the County Surveyors Office, also required under Section 8773.3 of said Land Surveyors Act. After completion of construction, reconstruction or maintenance, RBF shall replace any disturbed or destroyed monuments as required under said Section 8773.3, and submit a final Comer Record to the County Surveyors Office for filing as a public record, said final Comer Record document showing the monument(s) destroyed, tied out and replaced. The number of vulnerable monuments as a result of this project is not currently known and will need to be determined by research as a portion of the work involved in this task. For budget purposes only, we have provided for the rehabilitation of found monuments. Agency filing fees shall be paid by City. Task 4: Street Improvement Plans. RBF will prepare roadway improvement plans including a project title sheet, typical cross sections, construction details, horizontal alignment layout plans, vertical alignment profiles, grading, drainage, and cross sections of the proposed roadway improvements and submit to the Project Development Team for review and comment. This task includes: • Preparing a project title sheet consisting of the City standard sheets along with pertinent notes and location maps. • Preparing typical cross sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. • Developing the final horizontal layout and the vertical profile alignment for the proposed roadway based on the approved alignment layout and City comments. WFAdams Street Bridge Improvements ❑ Page D-29 ......... Project Number 2006-06 Scope of Work Program • Preparing street layout plan and vertical profile drawings for all roadway improvements. The street layout plans will also include removals, grading, and drainage schemes based on the approved preliminary design. • Preparing roadway cross sections identifying existing and proposed ground at 50 foot intervals over the Project length for the purpose of earthwork calculations. • RBF will prepare final roadway plans in conformance with the approved preliminary alignment plans and submit to the City for review at 85% and 100% completion. Mylar plan sheets will be submitted after the approved of the 100% plan submittal package. Task 5: Roadway Storm Drain Improvement Plans/Hydrology and Hydraulics Report. This project will only consider storm water runoff developed within the roadway right of way. RBF anticipates that the existing catch basin on the west side of Adams will need to be removed and replaced as a result of the change in roadway profile in the area. In addition, the east side of the Adams does not currently have a catch basin. RBF will need to determine the drainage area for the proposed catch basin and place it at the proposed low point of the roadway. RBF will prepare design level hydrology analysis to determine proposed and ultimate design flows within the proposed Adams Street right-of-way to verify that the 25- year storm will not exceed curb height and the 100-year storm will not exceed right-of-way. Street hydraulic analysis will be performed to evaluate flooded width requirements. Plan and profile construction drawings based on City and CVWD standards for storm drain and associated laterals. This stone runoff will be discharged into the Whitewater River Channel. It is anticipated that storm drain plans will only be required in the vicinity of the Whitewater River Channel. A final hydrology/hydraulics report summarizing all pertinent design criteria and calculations will be submitted for review by the Agencies. A storm drain hydraulic analysis to determine the hydraulic grade line of the proposed storm drain improvements will also be completed as a part of this task. Once the final storm drain plans have been submitted and approved by the City, specific sheets will be sent to CVWD for approval and inclusion in the permanent encroachment permit. Task 6: Traffic Signing and Striping Plans. RBF will prepare traffic signing and striping plans for the proposed improvements. The plans will be prepared in accordance with City and Caltrans latest Standard Plans and Specifications. Adams Street Bridge Improvements ❑ Pia0e D-30 Pro)cct Number 2006-06 13 Scope of Work Program Task 7: Traffic Control/Stage Construction Plans. RBF anticipates that the Whitewater River Crossing will require temporary widening and construction in four (4) separate stages: Stage 1- Construct temporary widening adjacent to the eastern lanes. Stage 2- Construct the western half of the proposed bridge. Stage 3- Move traffic to the completed western half of the bridge and construct remaining bridge section. Stage 4- Final cap paving, ultimate striping and cleanup under reduced traffic lanes. The stage construction and traffic control plans will be drawn and detailed at 1:40 scale and will conceptually identify: • Existing Conditions • Proposed Roadway and Intersection Geometries • Suggested Sequence of Construction by Phases • Traffic Detours • Street and Lane Closure Conditions • Minimum Traffic Control Devices around the Construction Area(s) • Construction Area Signs, i.e., "Construction Ahead", "Detour Ahead", "End Construction", and Project Funding Signs The design plans and specifications for the Project will identify minimum specifications for construction traffic control and requirements of the Contractor to submit detailed construction traffic control plans for the suggested stages or alternate stages developed by the Contractor. Detailed traffic control plans to be submitted by the Contractor will be required to be prepared by a registered civil and/or traffic engineer. Task 8: Final Bridge Plans Task 8.1 85% PS&E. Upon receipt of the City's written approval of the selected bridge type, Consultant will prepare the 85 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any Client requirements and will be submitted for review by the client. The bridge will be designed by a California -registered civil engineer in accordance with the applicable provisions of the following manuals: • Caltrans Bridge Design Specifications (LRFD); • Caltrans Seismic Design Criteria (SDC); • Caltrans Bridge Memos to Designers; and • Caltrans Bridge Design Aids; Adams Street Bridge Improvements ❑ Page e D-31 Project Number 2006-06 0 Scope of Work Program The level of effort is based on the baseline cast -in -place post -tensioned concrete box girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in Autocad 2000 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any Client requirements: • Caltrans Bridge Design Details; • Plans Preparation Manual; and • Plans, Specifications, and Estimates (PS&E) Guide. Assumed baseline alternative is a cast -in -place post -tensioned concrete box girder bridge. 1. General Plan 2. Deck Contours 3. Foundation Plan 4. Abutment 1 Layout 5. Abutment 5 Layout 6. Abutment Details No. 1 7. Abutment Details No. 2 8. Abutment Details No. 3 9. Bent Layout 10. Bent Details No. 1 11. Bent Details No. 2 12. Typical Section 13. Girder Layout 14. Girder Reinforcement 15. Barrier Details 16. Railing Details No. 1 17. Railing Details No. 2 18. Utility Details 19. Miscellaneous Details 20. Joint Seal Assembly 21. Structure Approach 22. Structure Approach Drainage Details 23. Log of Test Borings (by others) 24. Temporary Pedestrian Access Layout Plan (OPTIONAL) 25. Temporary Pedestrian Access Foundation Plan (OPTIONAL) 26. Temporary Pedestrian Access Bridge Plan (OPTIONAL) 27. Temporary Pedestrian Access Bridge Details 1 (OPTIONAL) 28. Temporary Pedestrian Access Bridge Details 2 (OPTIONAL) fWFAdams Street Bridge Improvements ❑ Page U-32 .....I... Pro)cct Number 2006-06 o Scope of Work Program A complete bound set of design calculations will be prepared and submitted to the Client for review. Deliverable: • Structural Design Calculations • Plans (Unchecked Details) Task 8.2 Bridge Independent Check. A California -registered RBF civil engineer who is not directly involved in the initial design of the structure will independently check the bridge design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline cast -in -place post -tensioned concrete box girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. Task 8.3 100% PS&E. RBF shall prepare 100 percent PS&E for review and approval of the City. The 100 percent PS&E shall include 85 percent PS&E updated in response to comments from the City and the bridge independent check. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be included by the client in their bid documents. It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications with any other non -bridge bid items. The Consultant will prepare itemized quantity take -off calculations and a construction cost estimate for the bridge and roadway construction. Deliverable: • Plans Bridge Design Calculations Independent Check Design Calculations • Draft Special Provisions • Itemized Cost Estimates fMF Adams Street Bridge -Improvements-0- Page D-33 Project Number 2006-06 Scope of Work Program Task 8.4 Screen Check PS&E. Following the reviews by the City, agreed - upon revisions shall be made to the 100% PS&E. The specifications, half-size plans, and other bid documents will be submitted to the City for final approval. Deliverable: Half-size set of Plans Final Special Provisions Itemized Cost Estimate Task 8.5 F9nal PS&E. After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be submitted to the City for its use in developing bid documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the City for use in administering the contract. Once the final plans have been submitted and approved by the City, specific sheets will be sent to CVWD for approval and inclusion in the permanent encroachment permit. Deliverable: Full-size "D" size Mylar set of Plans signed and stamped Final Plans Technical Special Provisions Engineer's Estimate Task 9: Channel Improvement Plans. The RBF will prepare plans and details for the channel improvements required for the bridge project. These improvements will be limited to the immediate vicinity of the bridge and will connect with the existing channel lining on either side of the bridge. The Channel improvement plans anticipate the construction of four (4) access ramps for CVWD forces to access the bottom of the channel. Task 10: Final Itemized Engineering Cost Estimate. Based on the 85% and final plan set submittal, RBF shall prepare a Final Quantity and Cost Estimate. The estimate will be submitted with the 85%, 100% and Screen Check plan check reviews. Task 11: Specification and Bid Document. RBF shall prepare construction specifications, using the City "boilerplate" for the contract documents and general provisions. Technical specifications shall be prepared for construction of each item of work in the Project. It is anticipated that all of the above mentioned plans, (street and bridge), will be bid under one construction bid document. Task 12: CVWD Encroachment Permit. RBF shall fill out the appropriate CVWD encroachment forms for the operation and maintenance of the Adams Street Bridge. This task will also include meeting time and coordination with CVWD on Adams Street Bridge Improvements ct Page D-34 Pra7cct Number 2006-06 0 Scope of Work Program any additional items they may request throughout the design process (i.e. access gates, ramps to the bottom of the channel, etc). Task 13 Services during Bidding. The City will complete the bid documents, advertise the project for bidding and distribute the plans to prospective bidders. The City's project coordinator will be the designated person to receive contractor inquiries. RBF's project manager and project staff will assist the City as requested during the bidding. The work may include answering questions, providing consultation and interpretation of the construction documents, and assisting the City in preparation of addenda to the PS&E during the advertisement period. Attending pre -construction meetings or bid opening and analysis of bids will also be provided. Task 14 Construction Services. RBF's project manager and project staff will be available to assist the City during construction. A budget amount has been prepared to provide a minimal amount of construction services. This budget may require adjustment depending on the level of Consultant involvement required during construction. Upon written request by the City, the Consultant shall provide the following construction support services. A. Prepare a Resident Engineer's Pending File consisting of information including 4- scale drawing and special instructions critical to the proper construction of the project. RBF assumes 16 hours for this task. B. Assist the City during construction by responding to Request for hnformation (RFl), clarifying drawings, and generally assisting the City to ensure that the project is constructed in accordance with the plans and specifications. RBF assumes 80 hours for this task. C. Perform up to 3 periodic site visits during construction as requested by the City. D. Provide advice and technical support for construction change orders. RBF assumes 40 hours for this task. E. Review post -tensioning and joint seal shop drawings. Review falsework drawings and check falsework calculations. The proposed fees assumes a single check of the shop plans and calculations. The budget may require adjustment if different shop plans of the same item are submitted for review. RBF assumes 200 hours for this task. WFAdams Street Bridge Improvements © Page D-35 Project Number 2006-06 0 Last Revised 8-14-07 Exhibit 6 Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Nine Hundred Eleven Thousand Four Hundred Fifty-two Dollars ($911,452.00) except as specified in Section 1.6 - Additional Services of the Agreement. The project will be performed by Consultant in two phases in accordance with the attached cost proposal. The Consultant shall not proceed with phase II until authorization is received in writing from the City of La Quinta. In addition, the project includes optional tasks. The Consultant shall not proceed with any optional task unless authorized in writing by the City of La Quinta. Last Revised 8-14-07 Exhibit C Schedule of Performance The term of this agreement shall commence on February 6, 2008 and terminate on December 31, 2010. The Consultant's project schedule is attached and made a part of this agreement. 0 Oi zi 01 I CO 73 7a co ............................................................. .......................................... 25 Z5 iB Z3 iz E�4 14 F3 iB 2� AD WO v v m Lo n cc E ilo d3 m 0 m 0 c M E E E 1! 0 U) w 0 U) a U) 0 e e e z M M 0 w WC A! W mo 0 w co TTT- <i - - - - cw Cdl m m m O O �.r m O C ❑ O H C LL W O O G O O b � N w i o y O nj yl W w O O i N m 1qq y m Q N c J W a` 8 V � p � O w W m LL M O XX � ^ <p C •y lO' G t{t�Nb1 � O QA O FN U � C m c 6 g LL a C E a m 0 K c c a N d W 0 ci O LL o a N C � F O_ a � �� •� 9 0 0 6 t c O O N N N C Z r m p d~ O V C C$ C C O a N N N N N O w N T O o p N ❑ m 9 � O 6 U C m a Q Q 0 � a' (n N y 0 y K O N K o a O y= ffi a a Z qG .7 E W c 'E e Z 1 G C,� � a W W 6 P<< H F K m ONi rn rn 'u ILL n 0 9 3 Y « m N H O 7 Ion(D WC U N m mZ a ❑ � N M V N �O !� N � M < I(j N � N N � f0 tND � N b � t^O tN0 � � r r aN0 Nro � U �� ( 0 Last Revised 8-14-07 Exhibit D Special Requirements None. o s W O V 64PQN&rC4/ PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Donais, P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment adds the following language to Exhibit D — Special Requirements: The project is partially funded with Federal Highway Bridge Program (HBP) 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. The Consultant, and its Sub -Consultants with contacts in excess of $25,000, shall retain all project related records for inspection by the city, state, FHWA, or their duly authorized representative for a period of three years after final payment is made to Consultant. Page 1 of 2 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this agreement; and that it has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, the City of La Quinta shall have the right to annul this agreement without liability, or at its discretion; to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee commission, percentage, brokerage fee, gift, or contingent fee. Previous Contract Amount Thru Contract Amendment No. -0- $911,452.00 Add this Amendment $0.00 Revised Contract Total $911,452.00 The contract completion date is not affected by this contract amendment. iF•YNiFNM••f•iF 1E iF iFk MiF••iF iF iF iF iF iFNMMiF iFY•iF iF iFNMiFNiFYiF iFY %iF iE•iFMM••f MY Submitted _ Date: By: /'�MAI A, 7 p28. Dg Approved � Date: By: ( ✓�viX /� O� We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted Title: Consultant: e0rrs0/15W7 Date: %;z of Page 2 of 2 a Fy OF TNEO PROJECT NO. 2006-06 PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Mielke, S.E., P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes the amount of $15,442.00 to be moved from the optional task budget to the approved project budget. The following tasks and amounts are authorized in accordance with RBF's Additional Work Request Summary, dated October 13, 2008, attached and made a part hereof. Task - La Quinta High School De Minimus Determination - $3,000.00 Task — Archaeological Survey Report - $6,900.00 Task — Coord. with City, Caltrans/Native American Consultation - $2,542.00 Task — Tribal Monitors - $3,000.00 The optional objectives affected: Consultation with Native American Heritage Commission - $2,542.00 Field Survey/DPR 523 Conformity — $2,052.00 Archaeological Survey Report/Paleontological Report — 10,848.00 Previous Contract Amount Thru Contract Amendment No. -1- $911,452.00 Add this Amendment $0.00 Page 1 of 2 Revised Contract Total $911,452.00 The contract completion date is not affected by this contract amendment. Submitted --II Date: By: �•IV�LOJIAL—�/0-076-68 Approved Date: By: �_ t c 5L(D 15 ...........«««........�.....«.......We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, fumish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted / Title: By: _ ;.1�Kfcc� I�ics I°.umc.Cc..z Consultant: IC41= Guns / Date: 107/0-f Page 2 of 2 8i 0 o s C& O 4 "i - Qu&Z cFM OF PROJECT NO. 2006-06 PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Mielke, S.E., P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes the amount of $5,500.00 to be moved from the optional task budget to the approved project budget. The following tasks and amounts are authorized in accordance with RBF's Additional Work Request No. 2 Summary, dated March 31, 2009, attached and made a part hereof. Task - Native Americal/Section 4(f) - $2,250.00 Task - Changes to Project Description/Revision to PES - $1,500.00 Task - Changes to NESMI (post storm/vegetation removal) - $1,750.00 The optional objectives affected: Archaeological Survey Report/Paleontological Report - $1,744 Pedestrian Access - Bridge Type Selection - $3,756 Page 1 of 2 Previous Contract Amount Thru Contract Amendment No. -1- $911,452.00 Add this Amendment $0.00 Revised Contract Total $911,452.00 The contract completion date is not affected by this contract amendment. Submitted Date: y� By: -f-V- D Approved / q Date: —� By: ! /�it'YJ'G!t/� t -it,_ le;� i %%%YY%%N%%%%%%N%%YYYN%%YY%%YYNN%YNN%%N#%%NN%%%%%%%%N%%%NN We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted Title: By: Sit. !/ie.t� 1�.ccft,4iZ Consultant: AdF L7a�a.cGt � Date: 004//0 `/ Page 2 of 2 a d CFMOFTHF'O PROJECT NO. 2006-06 PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Mielke, S.E., P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes the amount of $37,300.00 to be moved from the optional task budget to the approved project budget. The following tasks and amounts are authorized in accordance with RBF's Additional Work Request No. 4 Summary, dated January 11, 2010, attached and made a part hereof. Task — Legal Descriptions (2 locations) - $3,000.00 Task — Waterline Relocation Plan - $4,200.00 Task — Sewer Relocation Plan - $6,500.00 Task — Channel Improvement Plan - $3,900 Task — Retaining Wall Plans - $19,700 Page I of 2 Previous Contract Amount Thru Contract Amendment No. -3- $911,452.00 Add this Amendment $0.00 Revised Contract Total $911,452.00 The contract completion date is extended through December 31, 2010. Submitted ` \ Date: By: N N .9.8 - +>7 Approved Date: / By: f I O We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted / Title: ,p By: �j�GG/rC� , Consultant: Ael� Cow sr64�y Date: Page 2 of 2 L� Q•° �4S4ZOaw PROJECT NO. 2006-06 PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Mielke, S.E., P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 5 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. ********************************************************* DESCRIPTION OF CHANGE This contract amendment authorizes the amount of $6,600.00 to be moved from the optional task budget to the approved project budget. The following tasks and amounts are authorized in accordance with RBF's Additional Work Request Nos. 5 and 6, attached and made a part hereof. Task - Railing Plan Details for Retaining Wall and CVWD Gates - $4,200 Task - Revisions to Bridge/Street Plans (6' Sidewalk Modification) - $2,400 ******************************************************.** Previous Contract Amount Thru Contract Amendment No. 4- $911,452.00 Add this Amendment $0.00 Revised Contract Total $911,452.00 The contract completion date is extended through December 31, 2011. Page 1 of 2 • a***** s* M* t a** M* lI********iF+**** iF+***** K t*** k*** iF#iF***a** Submitted _\\ Date: x By: Approved Date: By: -- ' - *I*****************Y»Kit***********k4#»!k**Y****M*****i.** We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish alf materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted Title: By: u 5,t.yu, P. ",coe� Consultant: Date: Page 2 of 2 ow„ CF`M OF TN�''O PROJECT NO. 2006-06 PROFESSIONAL SERVICES AGREEMENT ADAMS STREET BRIDGE IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Donais, P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 6 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes the balance of the "optional task" contact funds, in the amount of $9,077.00, to be re -assigned to the Post Design Services. The funding will be expended on a "time and materials basis" as work directed by the City Engineer. RBF's Additional Work Request No. 7 is attached and made a part hereof. Previous Contract Amount Thru Contract Amendment No. -5- $911,452.00 Add this Amendment $0.00 Revised Contract Total $911,452.00 The contract completion date is extended through September 30, 2013. Date: Submitted By: Approved By: Date: Vz/ / Z Page 1 of 2 We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide a/f equipment, furnish all materials, perform a0labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepts Title: By: , V ; cE�isl�rr Consultant: �F C�su1+;n+ Date: Page 2 of 2 Adams Street Bridge Improvement Project 2N: 20-100922.001 SCOPE OF WORK -ADDITIONAL WORK REQUEST #7 Task 1: Post Design Services — Additional Compensation RBF's project manager and project staff will be available to assist the City during construction. A budget amount has been prepared to provide a minimal amount of construction services. This budget may require adjustment depending on the level of Consultant involvement required during construction. To date with the number of RFI's submitted by the defaulted contractor, requested plan revisions and coordination required with the City's Consultant Construction Manager, RBF has nearly exhausted our budget for this task. At this time, we are requesting to shift the remaining money left on our existing design contract for the unused task of Pedestrian Access — Final Bridge Design to provide for post design services for continued construction support. RBF will still continue to bill this task out on an as needed basis. COMPENSATION City agrees to compensate RBF for such services as follows: Task 1 Revisions to Bridge and Street Plans — 6' Sidewalk $9,077 Total Compensation $9,077 The above costs will be covered under the existing contract amount through the use of optional task as follows: Pedestrian Access — Final Bridge Design Prior Fee Fee Remaining Remaining Up to AWR #6 Thru AWR #7 $9,077 $0