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2022-26 TY Lin International - Construction Mgmt Services - Dune Palms Bridge Project 2011-05
MEMORANDUM l:0H\f.l DATE: September 8, 2022 TO: Jon McMillen, City Manager - FROM: Julie Mignogna, Management Analyst RE: Agreement for Contract Services with TY Lin to provide Construction Management, Inspection and Testing Services for the Dune Palms Bridge Project 2011-05 Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: Approved by City Council on 2/15/2022 Business 1 - pgs 108-112 attached City Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $50,000 or less. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): Bid RFP n RFQ [ 3 written informal bids Sole Source LISelect Source U Cooperative Procurement Requesting department shall check and attach the items below as appropriate: 401-000-60188 111205CT Agreement payment will be charged to Account No.: Agreement term: Start Date 7/1/2022 End Date 6/30/2026 Amount of Agreement, Amendment, Change Order, etc.: $ 2,760,328.58 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Laurie McGinley Date: 9/12/2022 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. LIC-108525 Expires: 9/30/2023 Requisition for a Purchase Order has been prepared (Agreements over $5,000) AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and TY Lin International, A Corporation ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS- 5433(014), City Project No. 2011-05), as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional -2- Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.4 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with "Exhibit B" (the "Schedule of Compensation"). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Two Million Seven Hundred and Sixty Thousand Three Hundred Twenty -Eight Dollars and Fifty -Eight Cents ($2,760,328.58) (the "Contract Sum"), except as provided in Section 1.7. The City will reimburse Contracting Party for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Contracting Party in performance of the work. Contracting Party will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the Schedule of Compensation, except as provided in Section 1.7. In no event will Contracting Party be reimbursed for overhead costs at a rate that exceeds City's approved overhead rate set forth in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting -3- Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Allowable Costs. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Contracting Party's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the Schedule of Compensation. When milestone cost estimates are included in the Schedule of Compensation, Contracting Party shall obtain prior written approval for a revised milestone cost estimate from the Contract Officer before exceeding such cost estimate. Salary increases will be reimbursable if the new salary is within the salary range identified in the Schedule of Compensation and is approved by City's Contract Officer. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. In addition to the allowable incurred costs, City will pay Contracting Party a fixed fee of One Hundred Thirteen Thousand Eight Hundred Seventy Two Dollars and Seventy Seven Cents ($113,872.77) (the "Fixed Fee"). The Fixed Fee is nonadjustable for the term of the Agreement, except as provided for in Section 1.7. 2.3 Method of Billing & Payment. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of the Fixed Fee will be included in the monthly progress payments. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (loth) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Contracting Party is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Schedule of Compensation and shall reference this Agreement number (or City project number for which this Agreement applies) and project title. Invoices shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned -4- designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. If Contracting Party fails to submit the required deliverable items according to the schedule set forth in Section 3.2, City shall have the right to delay payment or terminate this Agreement. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. The final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 13.8. Except as provided for Section 10.3, the final invoice should be submitted within sixty (60) calendar days after completion of Contracting Party's work. 2.4 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting -5- Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Section 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2022, contingent upon approval by City, and Contracting Party shall commence work after notification to proceed by City's Contract Officer. The Agreement shall terminate on June 30, 2026 unless extended by an Amendment to this Agreement. Contracting Party is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) [NAME] Joseph Smith Tel No. 619.908.3306 E-mail: joseph.smith@tylin.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. -6- 4.2 Contract Officer. The "Contract Officer", otherwise known as the Bryan McKinney, Public Works Director/City Engineer or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have -7- no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. -8- 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party's Project Manager shall meet with City as necessary to discuss progress on the Agreement. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, Independent CPA Audited Indirect Cost Rate workpapers, or other documents -9- relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records, including those of the Contracting Party's Independent CPA, shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, Caltrans Auditor, FHWA or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal Funding in whole or in part), or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit, examination, workpaper review, excerpt, or transaction is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. -10- Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 In the event of Termination under Section 8.0, immediately upon termination, City shall be entitled to, and Contracting Party shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Contracting Party in performing this Agreement which is not Contracting Party's privileged information, as defined by law, or Contracting Party's personnel information, along with all other property belonging exclusively to City which is in Contracting Party's possession. 7.6 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and -11- results of the services to be rendered by Contracting Party hereunder to be work made for hire. Contracting Party acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. 7.7 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.8 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Contracting Party to further disclose such information, or disseminate the same on any other occasion. Contracting Party shall not comment publicly to the press or any other media regarding the Agreement or City's actions on the same, except to City's staff, Contracting Party's own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee. Contracting Party shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City's written permission. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement -12- shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Section 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City's Contract Officer and City Manager (or authorized designee), who may consider written or verbal information submitted by Contracting Party. Not later than thirty (30) calendar days after completion of all work under the Agreement, Contracting Party may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review shall be submitted in writing. Neither the pendency of a dispute, nor its consideration by the committee will excuse Contracting Party from full and timely performance in accordance with the terms of this Agreement. Audit Disputes shall be considered as provided for Section 10. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the -13- default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7.5. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. Notwithstanding any provisions of this Agreement, Contracting Party shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contracting Party, and City may withhold any payments due to Contracting Party until such time as -14- the exact amount of damages, if any, due City from Contracting Party is determined. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 8.10 Suspension of Work. City may temporarily suspend this Agreement, at no additional cost to City, provided that Contracting Party is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Contracting Party shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section 8.0. 9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default -15- or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. During the term of this Agreement, the Contracting Party shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Contracting Party shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contracting Party certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Contracting Party agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Contracting Party further agrees to complete any statements of economic interest if required by either City ordinance or State law. 9.3 Covenants against Discrimination. The Contracting Party's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Contracting Party has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. -16- During the performance of this Agreement, Contracting Party and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contracting Party and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contracting Party and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contracting Party shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. Contracting Party and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contracting Party shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. The Contracting Party, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the -17- benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. The Contracting Party shall comply with regulations relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Contracting Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. The Contracting Party, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Contracting Party, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Title VI Assurances - Appendix A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows: a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or -18- negotiation made by Consultant for work to be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. e. Sanctions for Noncompliance: In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. -19- Title VI Assurances - Appendix EDuring the performance of this contract, the Contracting Party, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); - Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Page 2 of 2 -20- - The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 10. AUDIT REVIEW PROCEDURES. 10.1 Audit Disputes. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement provided for in Section 8.0, shall be reviewed by City's Chief Financial Officer. Not later than thirty (30) calendar days after issuance of the final audit report, Contracting Party may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Contracting Party from full and timely performance, in accordance with the terms of this Agreement. 10.2 Audit Review Procedures. Contracting Party and subconsultant Agreements, including Schedule of Compensation, cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Contracting Party's responsibility to ensure federal, City, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. -21- The Agreement, cost proposal, and ICR shall be adjusted by Contracting Party and approved by City Contract Officer to conform to the audit or review recommendations. Contracting Party agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Contracting Party to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs. 10.3 Caltrans Audits and Investigations Work Paper Review. Contracting Party's Schedule of Compensation may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigation (AOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Schedule of Compensation shall be adjusted by the Contracting Party and approved by the City Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Contracting Party to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs. During IOAI's review of the ICR audit work papers created by the Contracting Party's independent CPA, IOAI will work with the CPA and/or Contracting Party toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Contracting Party at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: A. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. -22- B. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty- five percent (85%) of the proposed rate. C. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. If IOAI is unable to issue a cognizant letter per this Section 10.3, IOAI may require Contracting Party to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Contracting Party's and/or the independent CPA's revisions. If the Contracting Party fails to comply with the provisions of this Section 10.3, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth this Section 10.3 for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. Contracting Party may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Contracting Party must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Contracting Party, either as a prime or subconsultant, with the same fiscal period ICR. 11. STATE PREVAILING WAGE RATES 11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments._The Contracting Party shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage -23- rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov. 11.2 Payroll Records. Contracting Party and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contracting Party or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: A. The information contained in the payroll record is true and correct. B. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under this Section 11.2 shall be certified as correct by the Contracting Party under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative's at all reasonable hours at the principal office of the Contracting Party. The Contracting Party shall provide copies of certified payrolls or permit inspection of its records as follows: A. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. B. A certified copy of all payroll records enumerated in this Section 11.2 shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division -24- of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contracting Party. C. The public shall not be given access to certified payroll records by the Contracting Party. The Contracting Party is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request. Contracting Party and all subconsultants shall submit a certified copy of the records enumerated in this Section 11.2, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contracting Party or Subconsultant performing the work shall not be marked or obliterated. The Contracting Party shall inform City of the location of the records enumerated under this Section 11.2, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Contracting Party or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in this Section 11.2. In the event the Contracting Party or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Contracting Party is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. 11.3 Responsibility. When prevailing wage rates apply, the Contracting Party is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Officer. 11.4 Penalty. The Contracting Party and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracting Party and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by -25- the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Contracting Party or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Contracting Party or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Contracting Party or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Contracting Party or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Contracting Party or Subconsultant had knowledge of the obligations under the Labor Code. The Contracting Party is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contracting Party or Subconsultant. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Contracting Party is not liable for the penalties described above unless the Contracting Party had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Contracting Party fails to comply with all of the following requirements: A. The Agreement executed between the Contracting Party and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. B. The Contracting Party shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. C. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Contracting Party shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient -26- funds due the Subconsultant for work performed on the public works project. D. Prior to making final payment to the Subconsultant for work performed on the public works project, the Contracting Party shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. Pursuant to Labor Code §1775, City shall notify the Contracting Party on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contracting Party shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. 11.5 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Contracting Party shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Contracting Party or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815. 11.6 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Contracting Party and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. The Contracting Party and its subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including -27- mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contracting Party and its subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work. The Contracting Party is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7. 12. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION. The Contracting Party, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBE's have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBE's provided in 49 CFR 26.5, The City shows a contract goal for DBE's. Contracting Party shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. The Contracting Party shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Contracting Party's responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the tye pf work the firm will perform on the contract. Additionally the Contracting Party is responsible to document the verification record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies the Contracting Party purchases from DBE's counts toward the goal in the following manner: - 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. - 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. - Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained -28- from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and regular dealer." This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who enter into a federally -funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal. 12.1 DBE Goal. The Goal for DBE participation for this Agreement is 17%. Participation by DBE Contracting Party or subconsultants shall be in accordance with information contained in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, the Contracting Party must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. 12.2 Meeting the Goal. The Contracting Party can meet the DBE participation goal by either documenting commitments to DBE's to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Contracting Party must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If the Contracting Party has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information - Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. 12.3 Contract Assurance. Under 49 DBR 26.13(b): The Contracting Party, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contracting Party shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the Contracting Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract under Section 8.0 or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated Damages; and/or -29- (4) Disqualifying the Contracting Party from future proposing as non - responsible. 12.4 Termination and Substitution of DBE Subconsultants. The Contracting Party shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contracting Party or DBE subconsultant obtains the City's written consent. The Contracting Party shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City's consent is provided, the Contracting party shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the bid. The City authorizes a request to use other forces or sources of materials if the Contracting Party shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City's bond requirements. 3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract. 9. Listed DBE is ineligible to receive credit for the type of work required. -30- 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The City determines other documented good cause. The Contracting Party shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Contracting Party and the City of the reasons why the use of other forces or sources of materials should not occur. The Contracting Party's request to use other forces or materials sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from the Contracting Party to the DBE regarding the request. 3. Notices from the DBE's to the Contracting Party regarding this request. If a listed DBE is terminated or substituted, the Contracting Party must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. 12.5 Commitment and Utilization. The City's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to the DBE utilization. The City shall request the Contracting Party to: 1. Notify the City's contract officer or designated representative of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: - Name and business address of each 1st tier subconsultant - Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier - Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) -31- If the Contracting Party is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work. If a DBE is decertified before completing its work, the DBE must notify the Contracting Party in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the Contracting Party in writing of the certification date. The Contracting Party shall submit the notifications to the City. On work completion, the Contracting Party shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form to the City within 30 days of contract acceptance. Upon work completion, the Contracting Party shall complete Exhibit 17-F Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form. In the City's reports of DBE participation to Caltrans, the City must display both commitments and attainments. 12.6 Eligibility of DBE's. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. 12.7 A DBE_does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. 12.8 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than -32- would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. 12.9 Records. The Contracting Party shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Contracting Party's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 12.10 Decertification of DBE. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Contracting Party in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Contracting Party in writing with the date of certification. Any changes should be reported to City's Contract Officer within thirty (30) calendar days. 12.11 Running Tally of Payments to DBE. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the City. 12.12 DBE Subcontracting. Any subcontract entered into as a result of this agreement shall contain all of the provisions of this section. 13. MISCELLANEOUS PROVISIONS. 13.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE 78495 Calle Tampico To Contracting Party: TY LIN INTERNATIONAL Joseph Smith 404 Camino del Rio South, Ste 700 San Diego, CA 92108 -33- La Quinta, California 92253 13.2 Contracting Party's Reports or Meetings. The Contracting Party shall submit progress reports at least once a month. The report should be sufficiently detailed for the City' Contract Officer to determine, if the Contracting Party is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. 13.3 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 13.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 13.5 Cost Principals. The Contracting Party agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. The Contracting Party also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to the Contracting Party that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Contracting Party to City. When Contracting Party or Subconsultant is a Non - Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 13.6 Subcontracting. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Contracting Party of its responsibilities and obligations hereunder. The Contracting Party agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contracting Party. The Contracting Party's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Contracting Party. The Contracting Party shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Officer, except that which is expressly identified in the -34- Schedule of Compensation. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. Contracting Party shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Contracting Party by the City. Any substitution of Subconsultants must be approved in writing by the City Contract Officer in advance of assigning work to a substitute Subconsultant. 13.7 Prompt Progress Payment. The Contracting Party or subconsultant shall pay to any subconsultant, no later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the Contracting Party on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contracting Party or subconsultant to a subconsultant, the Contracting Party or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. 13.8 Prompt Payment of Withheld Funds to Subconsultants. No retainage will be held by the City from progress payments due to the Contracting Party. The Contracting Party and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City's prior written approval. Any violation of these provisions shall subject the violating Contracting Party or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Contracting Party or subconsultant in the event of a dispute involving late payment or nonpayment by the Contracting Party, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants 13.9 Equipment Purchase. Prior authorization in writing by City Contract Officer shall be required before Contracting Party enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or services. Contracting Party shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Schedule of Compensation and exceeding five thousand dollars ($5,000), with prior authorization by City Contract Officer, three competitive quotations must be -35- submitted with the request, or the absence of proposal must be adequately justified. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: Contracting Party shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated as provided for in Section 8.0, Contracting Party may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Contracting Party elects to keep the equipment, fair market value shall be determined at Contracting Party's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Contracting Party, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. Regulation 2 CFR Part 200 requires a credit to State or Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. 13.10 Rebates, Kickbacks or Other Unlawful Consideration. The Contracting Party warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 13.11 Prohibition of Expending City, State, or Federal Funds for Lobbying. The Contracting Party certifies, to the best of his or her knowledge and belief, that no State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Contracting Party, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any -36- agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Contracting Party shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The Contracting Party also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 13.12 Debarment and Suspension Certification. The Contracting Party's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contracting Party or any person associated therewith in the capacity of owner, partner, director, officer or manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. 13.13 Funding Requirements. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may -37- affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. City has the option to terminate the Agreement pursuant to Section 8.0 or by mutual agreement to amend the Agreement to reflect any reduction of funds. 13.14Contingent Fee. Contracting Party warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Contracting Party for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 13.15 Inspection of Work. Contracting Party and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement. 13.16 Safety. Contracting Party shall comply with OSHA regulations applicable to Contracting Party regarding necessary safety equipment or procedures. Contracting Party shall comply with safety instructions issued by City Safety Officer and other City representatives. Contracting Party personnel shall wear hard hats and safety vests at all times while working on the construction project site. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Contracting Party shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Contracting Party shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Contracting Party must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. 13.17 Claims Filed by City's Construction Contractor. If claims are filed by City's construction contractor relating to work performed by Contracting Party's personnel, and additional information or assistance from Contracting Party's personnel is required in order to evaluate or defend against such claims; Contracting Party agrees to make its personnel available for -38- consultation with City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. Contracting Party's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Contracting Party's personnel services under this Agreement. Services of Contracting Party's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. 13.18 National Labor Relations Board Certification. In accordance with Public Contract Code §10296, Contracting Party hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contracting Party, within the immediately preceding two-year period, because of Contracting Party's failure to comply with an order of a federal court that orders Contracting Party to comply with an order of the National Labor Relations Board. 13.19 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 13.20 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 13.21 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Contracting Party shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City Contract Officer. 13.22Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are -39- hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13.23Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 13.24No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 13.25Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -40- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation J� CMILLEN, ity Manager City of La Quinta, California Dated: 9/13/2022 ATTEST: MONIKA RADEVA, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: By: Name: Philip Yartey, P.E. Title: Sr. Vice President By: Name: Title: -41- [See Attached] Exhibit A Exhibit A Page 1 of 5 Last revised summer 2017 DUNE PALMS ROAD BRIDGE PROJECT SCOPE OF WORK PROGRAM GENERAL DESCRIPTION OF REQUIRED SERVICES TASK 1.0 PROJECT MANAGEMENT TYLI Resident Engineer (RE) shall organize and develop a Project Development Team (PDT). Members of the PDT shall include TYLI Construction Management RE, Design Project Manager, TYLI Inspectors as required, Sub -Consultants as required and members of the City of La Quinta (City). Exhibit A TASK 1.1 MONTHLY PDT MEETINGS TYLI shall organize and conduct Monthly Progress Meetings to discuss progress of construction project, issues to be resolved and action items to be addressed. Deliverables: TYLI RE shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, Agenda, and Meeting Minutes shall be prepared for the meeting. TASK 1.2 MONTHLY PROGRESS REPORTS TYLI shall prepare progress reports to record the progress of the construction project and as supporting data for invoices presented monthly to the City. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues, a list of Contract Change Orders (CCO), a list of Notice of Potential Claims (NOPC) (if any), and schedule completion target dates. TASK 1.3 QUALITY CONTROL TYLI shall have a quality control plan in effect during the entire course of construction. Deliverables: TYLI shall hand deliver progress reports with the monthly invoices and deliver Progress Reports to the City at monthly PDT meetings. TASK 1.3.1 QUALITY CONTROL PLAN TYLI shall develop a plan establishing a process to ensure calculations performed for construction are independently checked. TYLI shall conduct periodic audits of the contract files to ensure all documentation is filed appropriately. TASK 1.3.2 SUBCONSULTANT QUALITY CONTROL TYLI shall review engineering Sub -Consultant report submittals to ensure appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with the Local Assistance Procedures Manual (LAPM), Caltrans Construction Manual, Caltrans Bridge Records and Procedures Manuals, and City requirements. TASK 2.0 PRE -CONSTRUCTION SERVICES TASK 2.1 CONSTRUCTABILITY REVIEW TYLI RE shall perform a constructability review of the contract plans, specifications, and estimate (PS&E) according to Caltrans Constructability Review Process. TYLI shall perform an independent check of the quantities. TYLI shall review Specifications for compatibility with plans and estimate. TYLI shall validate estimate for realistic prices, errors and/or omissions. TYLI shall review plans specifically checking staging, utility conflicts, adequate access for construction, whether construction details are complete and buildable, among other items. Deliverables: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the PS&E, with correction recommendations. Plans shall be returned to original designer with mark-ups and comments. Specifications will be flagged where appropriate with explanations of omission, errors, and suggested corrections. TASK 2.2 PRE -BID PACKAGE REVIEW TYLI shall perform a review of Contract Bid Package. TYLI shall verify that the PS&E package complies with all applicable federal and State regulations and procedures as outlined in the Caltrans LAPM. Deliverables: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the bid package, with correction recommendations. TASK 2.3 PRE -BID MEETING TYLI shall schedule and conduct a pre -bid meeting. TYLI shall assist agency with advertising a pre -bid meeting in applicable newspapers and trade magazines. TYLIN INTERNATIONAL DUNE PALMS ROAD BRIDGE PROJECT Deliverable: A Meeting Notice, Agenda, and Sign -In Sheet shall be prepared for pre -bid meeting. TYLI shall provide meeting minutes to agency within two days of meeting. Action items will be assigned to appropriate personnel with a timeline for completion of tasks. TYLI shall assist agency in preparing addendum to contract PS&E, if necessary. TASK 2.4 BID -OPENING MEETING TYLI shall schedule and conduct a bid -opening meeting per Chapter 15.5 of the Caltrans LAPM. TYLI shall assist the City with advertising a bid -opening meeting in applicable newspapers and trade magazines. TYLI will assist the City with retaining the appropriate documents for the successful low bidder. Deliverable: A Meeting Notice, Agenda, and Sign -In Sheet shall be prepared for bid -opening meeting. Completed Local Agency Bid Opening Checklist per LAPM Chapter 15. TASK 2.5 BID ANALYSIS TYLI shall review and analyze contractor's bids in accordance with Chapter 15.6 of the LAPM. TYLI shall review the unit bid prices in each bid for reasonable conformance with the engineer's estimate and compare with each other bid received. TYLI shall evaluate bids for responsiveness and completeness, and assure compliance with DBE program, per the LAPM. Deliverable: The TYLI shall make recommendations to agency on acceptance of contractor's bids. TASK 2.6 AWARD PACKAGE TYLI shall complete the Award Package for the contract after award of the contract and prior to submitting the first invoice, in accordance with Chapter 15.7 of the LAPM. Deliverable: Award package to include the following: • Local Agency Contract Award Checklist• Finance Letter • Detail Estimate • RE's Construction Contract Administration Checklist • City of La Quinta's Bidder DBE Commitment TASK 2.7 PROJECT WALK-THROUGH TYLI shall schedule and administer a project walk-through with TYLI team members, City personnel, and design engineers. Deliverable: TYLI shall contact each member, take notes during walk and deliver minutes to participants within two days after walk-through. TASK 2.8 PROJECT KICK-OFF MEETING TYLI shall schedule and administer a project kick-off meeting with TYLI team members, City, and design engineers. The meeting intent will be to obtain issues and concerns that City personnel would like addressed at the pre -construction meeting. Deliverable: TYLI shall contact each member, take meeting notes, and deliver minutes to participants within two days after walk- through. TASK 2.9 PRE -CONSTRUCTION MEETING TYLI shall schedule and conduct a pre -construction meeting with approved contractor. TYLI shall contact additional City personnel, members of the contractor's team, local authorities (police, fire, etc.), Caltrans Local Assistance, design engineer, personnel from CVWD, Verizon, IID, and Time Warner. Topics will include items such as agency expectations, labor compliance, Equal Employment Opportunity (EEO) compliance, safety, environmental permits, SWPPP, materials testing and compliance, Contractor submittals, encroachment permits, quality control and quality assurance expectations, and payment process. Deliverable: A Meeting Notice, Agenda, and Sign -In Sheet shall be prepared for pre -construction meeting. (The meeting agenda will be provided to City personnel five days prior to meeting to secure concurrence on topics to be covered.) Action items will be assigned to appropriate personnel with a timeline for completion of tasks. TYLI shall provide meeting minutes to attendees within two days of meeting. TASK 2.10 PRE -CONSTRUCTION PHOTO DOCUMENTATION TYLI shall conduct pre -construction photo and video documentation of the existing conditions on the project site. Deliverable: TYLI shall provide the agency with compact disks and videos containing pre -construction documentation. Copies of disks and videos will be made and inserted into the project files on site. TASK 2.11 REVIEW PROJECT PERMIT REQUIREMENTS TYLI RE, Assistant RE, and other sub -consultants shall review the project permit requirements, paying particular attention to the potential impact to Contractor plan and schedule. TYLININTERNATIONAL DUNE PALMS ROAD BRIDGE PROJECT Deliverable: TYLI shall summarize salient points about each permit and discuss any issues with the City. Time will be allowed at the preconstruction meeting to discuss project permits. TASK 3.0 CONSTRUCTION SERVICES TASK 3.1 PERFORM CONSTRUCTION MANAGEMENT, INSPECTION, AND ADMINISTRATION TYLI will perform all construction management, inspection, and administration in accordance with all requirements listed in the RFP for Construction Management Services for the Dune Palms Road Bridge Project. Management and inspection will be performed in accordance with the Plans and Specifications, Caltrans Standards, Standard Specifications for Public Works Construction, and City requirements as necessary for the project to assure contract compliance and Federal reimbursement as outlined in the LAPM and the Caltrans Construction Manual. A brief description of some of the major aspects of this work: Deliverable: Deliverables for each item below will vary depending on nature of task. A copy of all deliverable items as a result of task identified below shall be kept in the contract files on site at the Contractor provided field office. TASK 3.1.1 CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND PERMITS TYLI's RE and Inspector(s) will have a complete understanding of all contract documents and their applicability to the specific items of work. TASK 3.1.2 DOCUMENT CONTROL FILING TYLI's RE and OE shall set up and maintain the contract filing system in accordance with the Caltrans Construction Manual and LAPM. Files include, but not be limited to, all contracts, plans and specifications and applicable addenda, all correspondence, pre - construction checklists, submittals, CCOs, diaries, monthly progress payments, certificates of compliance, survey requests, all EEO compliance paperwork, RFI documents, permit inspections, and materials testing diaries and spreadsheets. TASK 3.1.3 COMPILATION OF RECORDS (BOUND WORKBOOKS) TYLI's Inspector shall maintain a set of bound documents to track record of quantities constructed, daily and weekly reports, photographs and other items as necessary. TASK 3.1.4 BASELINE SCHEDULE TYLI's RE and Inspector will review the baseline CPM schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. TYLI's RE and Inspector will review monthly Baseline Schedule updates and verify accuracy. TYLI's RE work with Contractor to maintain the project schedule to show current conditions and suggest revisions as necessary. TYLI's RE will also review Contractor's weekly updates, to be submitted on the last working day of the week, and provide comments and/or concerns. TASK 3.1.4.1 COORDINATION WITH CV LINK PROJECT TYLI will coordinate with the CV Link Project and segregate contractor's costs and item payments in accordance with the different funding sources. TASK 3.1.5 DAILY INSPECTION TYLI's RE and Inspector shall perform daily inspection of all Contractors' activities. TYLI will ensure compliance with contract documents. TYLI's RE and Inspector shall evaluate, approve, or reject the Contractor's and Sub -Contractor's work in accordance with contract documents. TYLI will place the City's interest as the top priority throughout construction duration. TASK 3.1.6 DAILY DIARIES TYLI's RE and Inspector shall record all inspection observances on a daily diary form. This information will include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor's personnel, conversations, conflicts and resolutions, and non-compliance (if necessary). TASK 3.1.7 PROJECT PERMITS TYLI's RE, OE, and Inspector shall maintain a copy of all project permits in the construction trailer and in their daily workbook. TASK 3.1.8 DOMESTIC WATER AND SANITARY SEWER IMPROVEMENTS TYLI's RE and Inspector shall coordinate with Coachella Valley Water District (CVWD) for relocation, removal, and protection of their facilities. TYLI's RE will ensure Contractor compliance with plans, specifications, and all requirements from CVWD. TYLI's Inspector will monitor and document all work associated with CVWD facilities. TASK 3.1.9 PHOTO LOG TYLI's Inspector will make a photo log of the project. Photos will include all pre-existing conditions, work -in -progress, disputed work and issues of contract non-compliance, SWPPP and PM10 violations, extra work, and completed work. TYLININTERNATIONAL DUNE PALMS ROAD BRIDGE PROJECT TASK 3.1.10 WEEKLY DIARIES TYLI's RE shall create a weekly diary. Diary shall include general contractor's activities on a daily basis, working day identification, percent project complete, percent project remaining, conversations with Contractors' Superintendent and Foremen, resolutions of conflicts, and submittals received. TASK 3.1.11 WEEKLY STATEMENT OF WORKING DAYS (WSWD) TYLI's RE shall create a WSWD spreadsheet and submit to Contractor on a weekly basis. WSWD form shall be in Caltrans format and track working days, non -working days, holidays, inclement weather, working days in which no work was performed, time extensions, percent time complete, and percent work complete. TASK 3.1.12 COORDINATE WITH CITY ENGINEER AND OTHER CITY DEPARTMENTS TYLI's RE shall coordinate with the City Engineer and other applicable City personnel to discuss project progress, issues, and costs prior to weekly progress meetings. TASK 3.1.13 WEEKLY CONSTRUCTION PROGRESS MEETINGS TYLI's RE shall conduct weekly coordination meetings with the Contractor, City personnel, Design Engineer, Sub -Consultants, local business owners, applicable utility representatives, and others as necessary. Topics shall include upcoming work, schedule, utility coordination, issues of non-compliance, change orders, and tracking of submittals. TASK 3.1.14 COORDINATION MEETINGS WITH PROPERTY OWNERS AND BUSINESSES TYLI's RE shall meet as needed with local businesses, residents, and property owners to discuss the project, explain the schedule, and to address any concerns. TASK 3.1.15 TRACKING CONSTRUCTION MATERIALS TYLI's RE and Inspector shall track Contractors' materials by certificate of compliance or Caltrans source inspection release tags. TYLI's OE shall file all certifications appropriately. TASK 3.1.16 TRAFFIC MANAGEMENT PLAN TYLI's RE and Inspector shall administer the implementation of the projects Traffic Management Plan (TMP). TYLI's Inspector shall review traffic control devices in day -time and at night-time to verify effectiveness. TMP will consider emergency response vehicles. TASK 3.1.17 SUBMITTAL REVIEW TYLI's OE shall receive, stamp with date received, and track all Contractors', subcontractors', and independent party submittals. A log will be set up identifying submittal name, responsible party, review party and whether date was met. Log will be used at weekly progress meetings. TYLI's RE shall coordinate directly with Design Engineer for review of submittals designated for designer. The need for expeditious review of submittals will be stressed at the weekly progress meetings. Submittals shall include but are not limited to: • Contractor's Injury and Illness Prevention Plan (IIPP) • Contractor's equipment list • SWPPP • Mix Designs (Asphalt Concrete and Portland Cement Concrete) • Notice of Materials to be used • Notice of Materials to be used • Notice of Materials to be tested • Falsework Design • Shoring Design • Shoring Design • Pile Drilling Plan • Decorative railing Shop Drawings • Electrical Plan • Traffic Management Plan • Utility Coordination Plan • Joint Assembly Shop Drawings • Reinforcement Steel Placement Plan TASK 3.1.18 LABOR COMPLIANCE/EQUAL EMPLOYMENT OPPORTUNITY (EEO)/ PREVAILING WAGE/DISADVANTAGED BUSINESS ENTERPRISE (DBE) TYLI's RE shall enforce the contract requirements as they pertain to Labor Compliance, EEO, Prevailing Wage, and DBE according to the LAPM. This shall include Inspectors preparing daily diaries and recording workers names, classifications, work performed and hours worked on each task. TYLI's OE shall receive Contractors', Subcontractors', and equipment rental companies' certified payrolls on a weekly basis and ensuring that the applicable Davis -Bacon or State prevailing wage as referenced in special provisions is adhered to; track work performed by DBE Subcontractors, hours of work performed and monthly progress payments that include work by DBE Subcontractors; conducting spot check EEO interviews for each classification of worker; maintaining written evidence of apprentices employed on the project; cross checking reports, interviews, payrolls, and wage rates in order to determine Contractor and Subcontractor compliance. TYLININTERNATIONAL 4 DUNE PALMS ROAD BRIDGE PROJECT TASK 3.1.19 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) COMPLIANCE TYLI's RE and Inspectors and Subconsultant Inspectors shall inspect the project site and monitor Contractor's compliance with Best Management Practices (BMP) in accordance with Caltrans Handbooks. TYLI's RE shall monitor the weather forecast during the storm season and ensure Contractor's compliance for pre -storm, storm event, and post storm requirements. Proper handling and storage of non -visible pollutants shall be enforced. TASK 3.1.20 PM10 COMPLIANCE TYLI's RE and Inspectors, and Subconsultant Inspectors (holding Coachella Valley Fugitive Dust Certificates) shall inspect the project site and monitor Contractor's compliance with BMPs in accordance with the Coachella Valley State Implementation Plan. TYLI's Inspector shall verify that Contractor utilizes approved haul routes in accordance with the TMP and PM10 requirements. TASK 3.1.21 REQUEST FOR INFORMATION (RFI) TYLI's RE shall receive, record, review, and respond to all Contractor's RFIs. RE shall submit to third party for review if necessary. Response times will be determined and adhered to. TASK 3.1.22 CHANGE REQUESTS/CONTRACT CHANGE ORDERS/TRANSMITTAL LETTERS TYLI's RE shall receive, record, and review all Contractors' Requests for Changes. All requests will be reviewed for merit and discussed with City Management. If change is warranted, RE shall create CCO and Transmittal Letter according to Caltrans Contract Change Order Manual. RE will receive agency approval prior to submittal to Contractor. TYLI's RE and Inspector shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO worked performed in the previous month. TASK 3.1.23 COORDINATE MATERIALS TESTING AND INSPECTION/SURVEYING SERVICES TYLI's RE shall coordinate and monitor all materials testing services and construction surveying. Survey requests will be required by the Contractor 48 hours prior to need for staking. Materials testing reports will be reviewed and initialed by the RE and maintained in the project files. TASK 3.1.24 COORDINATE AND MONITOR ALL INSPECTION ACTIVITIES TYLI's RE shall coordinate and monitor all inspection activities including TYLI Inspectors, specialty inspectors, permit inspectors and necessary inspections from additional agencies involved in the project. TYLI's RE shall track costs of inspection and provide updates to the City on a monthly basis with monthly invoice. TASK 3.1.25 IMPLEMENT PUBLIC OUTREACH PLAN IMPLEMENT PUBLIC OUTREACH PLAN TYLI's RE shall maintain an open door policy during the construction contract and shall meet with local residents, business owners and other interested parties and address concerns. Public outreach will include all requirements in the RFP including the contractor provided camera, website, post cards, signage and communication with stakeholders. TASK 3.1.26 ENSURE COMPLIANCE TO SAFETY REGULATIONS, BUILDING CODES, CITY ORDINANCES IMPLEMENT PUBLIC OUTREACH PLAN TYLI's RE and Inspector shall verify Contractor's compliance to applicable Construction Safety Orders. Violations will be recorded and Contractor shall be requested to correct unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files. In appropriate situations, the project shall be shut down until Contractor corrects safety violation(s). TASK 3.1.27 PREPARE MONTHLY PROGRESS ESTIMATES TYLI's RE and OE shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. TYLI's RE shall prepare supporting documents for each item of work to be paid. These documents shall include at a minimum, item to be paid, amount of item to be paid, calculation of material placed, Certificates of Compliance or Release Tags, name of individual creating document, name of individual verifying document, and date. A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. Monthly Progress Estimates shall include CCO Work. TASK 3.1.28 MONITOR CONSTRUCTION COSTS TYLI's RE shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated on a monthly basis. Contingency balance will be monitored and updated after each CCO or after each Monthly Progress Estimate. TASK 3.1.29 NOTICE OF POTENTIAL CLAIMS (NOPC)/CLAIMS RESOLUTION TYLI's RE shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. TYLI's RE shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, and fighting protests, potential claims, and claims. Proper documentation will be created to establish a chain of events in the claims process. TYLIN INTERNATIONAL 0 DUNE PALMS ROAD BRIDGE PROJECT TASK 3.1.30 CREATE AND ENSURE COMPLIANCE TO PUNCHLISTS TYLI's RE and Inspector shall create punchlists throughout the construction process after each item of work is complete. punchlists shall include items that need to be corrected or amended. TYLI's Inspector shall meet with Contractor's personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the Weekly Construction Progress Meetings. TASK 3.1.31 AS -BUILT PROJECT SCHEDULE TYLI's RE and Inspector shall maintain an as -built project schedule to assist in disputes and request for time due to impacts. TASK 3.1.32 AS -BUILT DRAWINGS TYLI's Inspector shall maintain a copy of 'red -mark' plans in the trailer at all times to track changes to the contract plans, additions and deletions through CCOs, utilities that were incorrectly located, and additional items that must be identified on the final as -built drawings. TASK 3.1.33 MAINTAIN TYLI TRAINING PROGRAM TYLI RE shall maintain TYLI's CM training program during the construction of the Dune Palms Road Bridge. This shall include recertification of traffic control, confined space, fall protection, and trenching/shoring safety classes. Training shall also include latest updates to LAPM and CPM scheduling software. TYLI shall invite the City of La Quinta and other interested agencies to training. TASK 4.0 POST -CONSTRUCTION TYLI will perform all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in Caltrans LAPM. The following is a brief description of some of the major aspects of this work: TASK 4.1 ITEM CLOSE-OUT TYLI's RE and Inspector shall close out and balance all contract items. Item overruns and underruns will be resolved with the Contractor. CCOs to adjust item prices will be created if necessary. Deliverable: TYLI's RE shall submit a list of item overruns and underruns to the City. TYLI's RE to submit a CCO for approval by the City, as necessary, to adjust item prices. TASK 4.2 CLAIMS REPORT TYLI's RE shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in accordance with Section 2-70 "Protests, Potential Claims, and Claims," of the Caltrans Construction Manual. Deliverable: TYLI's RE shall submit a claims report for each claim for review by the City. TASK 4.3 PROPOSED FINAL ESTIMATE TYLI's RE shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims. Deliverable: TYLI's RE shall submit a Proposed Final Estimate to the Contractor for acceptance. RE shall submit a Proposed Final Estimate to the City. TASK 4.4 PROJECT REIMBURSEMENT TYLI RE and Project Manager shall prepare the State and Federal forms for the City to obtain reimbursement of funds in accordance with Section 17 of the Caltrans LAPM. Deliverable: TYLI's Project Manager shall submit State and Federal forms for reimbursement to the City. TASK 4.5 PROJECT REPORT TYLI's Project Manager shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all CCOs, a list of Construction Claims and the result of each after resolution, and a photo documentary of construction. Deliverable: TYLI Project Manager shall submit a Project Report to the City. TASK 4.6 AS -BUILT DRAWINGS TYLI DRE shall prepare the Proposed Final Estimate. This document will be provided after resolution of any construction claims. Deliverable: TYLI Project Manager shall submit structure and roadway As -Built Drawings to the City. T•YLININTERNATIONAL DUNE PALMS ROAD BRIDGE PROJECT TASK 5.0 SURVEY SERVICES TYLI's Sub -consultant for survey services shall provide quality assurance surveying in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project to verify Contractor's control, layout of abutments, wingwalls, and piers, and to verify Contractor's placement of elevation at top of abutments and piers. TYLI's Sub -consultant shall be utilized to verify RE's placement of elevation for top deck. TYLI's Sub -consultant shall be utilized to assist RE in the construction of the bike trail, as needed. Deliverable: Sub -consultant shall submit survey sheets to TYLI's RE for review, approval, signature, and placement in the contract files. TASK 6.0 MATERIAL INSPECTION AND TESTING TYLI's Sub -consultant for materials testing and inspection services shall provide quality assurance inspection and testing of materials used in construction to verify Contractor's compliance with applicable standards, in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project. Deliverable: Sub -consultant shall submit test reports to TYLI's RE for review, approval, signature, and placement in the contract files. Non -complying test results shall be brought to the RE's attention immediately. Sub -consultant shall create spreadsheets to track testing frequencies, results, and retests (if necessary) to TYLI's RE for review, approval, signature, and placement in the contract files. TASK 7.0 BIOLOGICAL MONITORING AND CULTURAL MONITORING SUPPORT TYLI's Sub -consultant for biological monitoring and cultural monitoring support shall provide in accordance with the Caltrans Construction Manual and the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project and Attachment A to this scope. Deliverable: Sub -consultant shall submit diaries to TYLI's RE for review, approval, signature, and placement in the contract files. Actions of non-compliance shall be brought to the RE's attention immediately. TASK 8.0 PUBLIC OUTREACH TYLI, in coordination with our subconsultant, Connect and Company, will provide Public Outreach in accordance with the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project. Connect and Company will develop an outreach plan, assist the City with collateral materials to be distributed, assist in creating a project webpage and connect to the City's website to provide multiple sources for the general public to gain access information about the Dune Palms Road Bridge project and provide social media updates. In addition, TYLI, in coordination with Connect and Company and the City, will work with the Contractor to position a Contractor -provided construction camera and connect (by Contractor) a real-time video stream to the project webpage and the City's website, to allow City officials and the public to observe construction of the bridge remotely. Deliverable: TYLI and Connect and Company will develop an outreach plan, prepare collateral materials, create a project webpage in accordance with the City's review and approval. And provide social media updates. TYLI subconsultant will monitor the website and update project information and construction photos. TYLI and Connect and Company, in accordance with the City, will work with the Contractor to position a Contractor -provided construction camera that is compatible with the City's website to allow real- time video streaming of construction. TASK 9.0 CIDH PILE ACCEPTANCE TESTS (LISTED IN COST PROPOSAL AS ANOTHER DIRECT COST (ODC]) TYLI subconsultant, EarthSpectives, for CIDH pile acceptance tests will evaluate the homogeneity of the concrete within the piles through gamma -gamma logging (GGL). Testing will be performed in accordance with project specifications and California Test Method 233. Testing will include lowering of 4.6 feet and 1.25-inch diameter probe to the bottom of each inspection tube and measuring the density of the concrete in close proximity of the inspection tubes at 0.1 feet intervals along the full length of the pile. If anomalies are detected by GGL testing, additional investigation of the pile(s) can be obtained through cross -hole sonic logging (CSL). Deliverable: EarthSpectives will perform GGL testing and provide the results of each pile to TYLI's RE. Upon receipt and review of GGL information, TYLI RE will provide the information to the Structures Designer and Geotechnical Engineer of Record for review and discussion. If CSL is required at pile(s), the results of CSL testing will also be provided to TYLI's RE, and subsequently the TYLIN INTERNATIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES DUNE PALMS ROAD BRIDGE PROJECT • Structures Designer and Geotechnical Engineer in order to determine the acceptance of each pile, or the need for a mitigation plan to repair or replace specific piles. TASK 10.0 ELECTRICAL INSPECTION TYLI subconsultant, DESI, will provide inspection of electrical facilities relating to street lighting along the roadway and on the bridge and within the bridge railing. Inspection will also include ADA compliance associated with curb ramps, pedestals and walkways. DESI Inspector will coordinate with City's electrical inspectors. Deliverable: DESI will submit diaries to TYLI's RE for review, approval, signature, and placement in the contract files. Actions of non-compliance will be immediately brought to the RE's attention. TASK 11.0 SOURCE INSPECTION QUALITY MANAGEMENT TYLI subconsultant, ZT Consulting Group, Inc. (ZTC), will create a Source Inspection Quality Management Plan (SIQMP), and provide source inspection management of PTFE bearings (fabrication inspection and witnessing performance testing) and post -tensioning stressing strands (sampling, testing, and releasing). The source inspection quality assurance program for this project shall meet the requirements of the RFP for Construction Management Services for the Dune Palms Road Bridge Improvements Project, CFR Title 23, City QAP, and Caltrans LAPM. Deliverable: TYLI subconsultant will create and implement a SIQMP, review Contractor's Welding Quality Control Plan (WQCP), facilitate pre -operation meetings relating to fabrication and provide inspection reports for Quality Assurance (QA) reviews of fabrication of PTFE bearings and post -tensioning strands. TYLIN INTERNATIONAL Dune Palms Road Bridge Project 12/2021 REgfe2 bf6f 4 Cost Proposal Attachment A ECORP Scope Task 1 Preconstruction and Construction: Project Support (general) Description of Task: Provide as -needed support to the project construction team and respond to any RFI's in a responsive manner. Work cooperatively with the project team as -needed. Attend pre -construction kick-off meeting with contractor and CM team. Attend coordination meetings with TY Lin prior to kick-off meeting. Attend weekly construction meeting. Deliverables: None. Assumptions: Up to 10 hours for onsite kickoff meeting and virtual kickoff meeting; 1 hour per month for project coordination with TY Lin; coordination meetings will be in phone call video -conference format. Task 2 Preconstruction: Education Program Description of Task: Complete recorded version of worker education program as specified in the project permits. ECORP will provide an English language version. The program is to include wildlife species, habitat, legal protections, description and ecology of invasive species currently on site, description and ecology of invasive species that pose a threat to potentially invade the site, BMPs, etc. Provide pamphlets to be distributed. Deliverables: Recorded version of worker education program and pamphlet. Assumptions: One review cycle with TY Lin. English version only. Task 3 Preconstruction: Burrowing Owl Surveys and Report Description of Task: BUOW surveys prior to construction within suitable habitat as specified in the ECR and SAA in accordance with guidance for BUOW in WR-MSHCP area and State guidelines. 2 burrowing owl surveys: 14-30 day and 24-hour prior to ground disturbance including staging of materials. Complete all notifications as specified in the permits and respond to agency emails regarding project information and approvals of monitoring and surveying biologists for the project. Correspondence includes CDFW primarily via email and letter attachments. Deliverables: Notification Letters, resumes for biologists, communication records, survey results letter report. Assumptions: No more than 2 people needed for each survey, each survey duration less than 1 day. Task 4 Preconstruction: Nesting Bird Plan Description of Task: Complete a Nesting Bird Plan for the project as specified in the project permits. ECORP will coordinate with CDFW for approval of the Nesting Bird Plan prior to project initiation. Deliverables: Nesting Bird Plan to CDFW. Assumptions: Up to 14 hours for completion of the plan. Task 5 Preconstruction and Construction: Nesting Bird Surveys, Report, No -work Nest Buffers and Associated Compliance Description of Task: Perform nesting bird surveys as prescribed in the project permits, and to ensure compliance with MBTA and CDFW. Upon completion of the survey, the Lead biologist and monitors will provide project support should active nests be found within the project area and buffer and no -work buffer 3838 Camino Del Rio North, Suite 370 • San Diego, CA 92108 • Tel: (858) 279-4040 • Fax: (858) 279-4043 • www.ecorpconsulting.com Dune Palms Road Bridge Project 12/2021 iRdafe 327fc,5F 4 areas need to be established. This involves coordinating with the CM on practical measures needed for compliance with MBTA and regular compliance monitoring until the nest is no -longer occupied. In circumstances where the project construction proceeds with site -specific avoidance measures in place for a specific resource (likely an active nest), the lead biologist will coordinate with CDFW on nests status, buffer size, outcome and any adjustments made as required by law and conditioned in the permits. Deliverables: Compliance documentation, letter format. Assumptions: No more than 2 nesting bird surveys will be required. Task 6 Construction: Biological Monitoring Description of Task: CDFW-approved monitors will monitor activities that result in clearing, grading, drilling or other ground disturbing activities. For compliance with MBTA a monitor will be onsite to monitor all existing nests, efficacy of buffers, document new nests etc. Monitoring will be performed for all activities with potential to affect resources (water, wildlife, habitat etc.) in accordance with project permits or as agreed upon in coordination with the wildlife agencies. Biological monitors will monitor activities within or near waters to ensure compliance. Deliverables: Routine monitoring logs (forms). Assumptions: Budget assumes no active nests are found (based on our knowledge of the work area and similar projects) and allows monthly routine site visits for the duration of the 475 working day project. Full time monitoring by one biological monitor for up to 10 hours of initial vegetation clearing and grubbing. Task 7 Post -construction: Reporting and Agency Coordination Description of Task: Project completion report documenting project activities and measures implemented to protect biological resources during construction as required by the Permits. Annual reporting, as needed. Deliverables: Project completion report and annual reports, as needed. Assumptions: 2 annual reports and 1 project completion report required. Task 8 (Optional) Preconstruction: Burrowing Owl Exclusion Plan and Agency Coordination Description of Task: Complete a Burrowing Owl Exclusion Plan for the project as specified in the project permits. ECORP will coordinate with CDFW for approval of the Plan prior to project initiation. Deliverables: Burrowing Owl Exclusion Plan to CDFW. Assumptions: Up to 24 hours for completion of the plan. Task 9 (Optional) Preconstruction: Burrowing Owl Exclusion and Report Description of Task: ECORP will conduct passive relocation of burrowing owls, if found within the project area or within a certain distance within the buffer of the project in accordance with project permits, including excavation of burrows and submission of an associated letter report detailing passive relocation and exclusion. ECORP will coordinate with CDFW in regard to these efforts. Deliverables: Results letter report to CDFW. Assumptions: Budget allows for 2 biologists, a week of hotel stays for one biologist, and assumption that only two burrows need be collapsed. 3838 Camino Del Rio North, Suite 370 • San Diego, CA 92108 • Tel: (858) 279-4040 • Fax: (858) 279-4043 • www.ecorpconsulting.com Dune Palms Road Bridge Project 12/2021 Page 439fc$ 4 Task 10 (Optional) Preconstruction: Botanical Reassessment Survey Description of Task: If there is a delay in project construction, ECORP will conduct a botanical reassessment survey focused on California Native Plant Society (CNPS) list within the construction disturbance area within a year prior to the initiation of the construction activities. Deliverables: Survey results letter report. Assumptions: Only if construction is delayed. Up to a full day survey required. Task 11 Preconstruction: Cultural Resources Support Description of Task: ECORP will facilitate or aid in facilitating the locating, placement, maintenance, and takedown of Environmentally Sensitive Areas (ESAs) throughout the Project Area, in compliance with measures CUL-1 through CUL-5. These measures consist of • illustrating and describing ESAs in the Plans, Specifications, and Estimates package; • a pre -construction meeting with the Construction Supervisor and construction personnel that discusses ESAs; • a field review of ESA locations and arranging for monitoring of ESA fence installation at least three weeks prior to start of construction; • a review of ESA locations one week prior to start of construction; and • The Project Archaeologist's supervision of installation of orange plastic ESA fencing at least one week prior to the start of construction. Deliverables: None. Task 12 Construction: Cultural Resources Support Description of Task: ECORP will provide a qualified archaeological monitor to monitor all ground -disturbing activities within the ADI south of the Stormwater Channel. The archaeological monitor will conduct spot checks with photo -documentation throughout duration of the construction phase of the Project to ensure ESA integrity is maintained (CUL-6 and CUL-7). The monitor will be working under the supervision of the Project RPA. Upon the completion of construction activities in the vicinity of an ESA, the Construction supervisor will notify the Project Archaeologist, who will then oversee the removal of the ESA fencing by construction personnel. In the event that cultural materials are discovered during construction, all earth - moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find (CUL-8 and CUL-9). The cost to prepare a treatment plan and to analyze, evaluate, treat, recover, curate, and document any inadvertently discovered cultural resources will require a contract amendment. ECORP will attend weekly construction meetings as a subcontractor to receive and provide relevant information regarding progress of the Project and ground - disturbing activities. Deliverables: Photodocumentation Assumptions: • Budget assumes 30 days of cultural resources monitoring will be required at a daily rate. If project needs require a greater effort, a change order will be required, and ECORP will prepare a scope and cost based on that level of effort necessary to accomplish additional tasks. • Full -day rate is based on more than four (4) hours billed to the project for the day. On -site cancellations and hours billed less than four (4) hours to the project for the day will be billed at one- half of the full -day rate. 3838 Camino Del Rio North, Suite 370 • San Diego, CA 92108 • Tel: (858) 279-4040 • Fax: (858) 279-4043 • www.ecorpconsulting.com Dune Palms Road Bridge Project 12/2021 Pa 544fcSf 4 • For the purposes of this proposal, it is assumed that no unanticipated cultural resource discoveries will need to be recorded during the proposed construction. If cultural resources are located that require additional work for evaluation or treatment, a change order will be required, and a separate scope and cost will be prepared based on the level of effort required. • This scope does not include evaluation of significance, excavation, mapping, Native American consultation, paleontological surveys, authoring environmental document sections, other requirements under state and federal law, hard copies of reports, Project meetings, or conference calls; however, ECORP will gladly prepare a customized scope and cost estimate for additional tasks upon request. Task 13 Postconstruction: Cultural Resources Report Description of Task: ECORP will submit a draft cultural resources monitoring report to the Client within 60 days following completion of the Project. The report will summarize all Project activities, including a summary of all cultural resources tasks listed above. The report will also include photo documentation, all survey results, and any avoidance and minimization measures implemented during Project activities. ECORP will address one round of combined, non -conflicting comments on the draft cultural resources monitoring report. ECORP will prepare a final cultural resources monitoring report and submit an electronic copy of the final report to the client. For purposes of this proposal, this scope assumes no cultural resources will be encountered during project activities. If cultural resources are encountered, a separate scope and cost will be submitted for approval at that time for the archaeological monitoring report that addresses any discoveries, etc., and will have a different timeline. Deliverables: Cultural Resources Monitoring Report Table 1 — Cost Breakdown Activity Cost ($) Task 1-5 — Preconstruction: Biological Resources Support 9,385.60 Task 6 — Construction: Biological Resources Support 18,556.94 Task 7 — Postconstruction: Reporting and Agency Coordination 5,850.83 Task 11 — Preconstruction: Cultural Resources Support 7,492.99 Task 12 — Construction: Cultural Resources Support 37,203.12 Task 13 — Postconstruction: Cultural Resources Report 6,310.50 Total Cost Estimate $84,799.98 3838 Camino Del Rio North, Suite 370 • San Diego, CA 92108 • Tel: (858) 279-4040 • Fax: (858) 279-4043 • www.ecorpconsulting.com ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement„ Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY - Exhibit A Page 2 of 5 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Section 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated Exhibit A Page 3 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, Exhibit A Page 4 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A Page 5 of 5 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.4 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Million Seven Hundred and Sixty Thousand Three Hundred Twenty -Eight Dollars and Fifty -Eight Cents ($ 2,760,328.58) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.3 of this Agreement. Exhibit B Page 1 of 1 City of La Quints TYLIN INTERNATIONAL Construction Management and Inspection Services for Dune Palms Road and Bridge Project Cost Proposal Percent of r088l • TYLI PM/RE Joseph Smith TYLI Deputy RE/SR John Buckley $225.32 TYLI Office Engineer Cathleen Ma FT TYLI Inspector- Curls Musashl FT(PW) Falcon Inspector FT(PW) Falcon Labor SWPPP Insp Compliance Dion Castro Officer Chia -Chi Wang (DES!) 5204.26 $177.70 TYLI Schedule Reviews- Wade Durant $220.06 TYLI TYLI Techinical Technical Support Support Brian Rochelle Ashley Montgomery 5175.53 $135.14 Total Hours Totals Task No. Task Name Start Finish $280.88 $168.43 $170.58 $205.62 Hours Casts 1.00 Project Management Mar-22 Mar-24 1.20 Monthly Progress Reports $ - Subtotals (Hours)= 5 - 5 - $ - $ - $ - Subtotals(Costs)= $ - $ - $ - $ - $ - $ - $ - 2.00 Pre -Construction Services Mar-22 Apr-22 2.1 Constructability Review 16 16 8 40 $ 8,655.52 2.2 Pre -Bid Package Review 4 4 $ 673.72 2.3 Pre -Bid Meeting 4 4 B $ 1,723.76 2.4 Bid-Openeing Meeting 4 4 $ 901.28 2.5 Bid Analysis 1 2 2 2 7 $ 1,328.82 2.6 Award Package 1 1 $ 225.32 2.7 Project Walkthrough 1 1 $ 225.32 2.8 Project Kick -OH Meeting 1 1 $ 225.32 2.9 Pre -Construction Meeting 3 2 2 2 9 $ 1,779.46 2.10 Pre -Construction Photo Documentation 1 1 $ 225.32 2.11 Review Project Perm. 4 4 $ 822.48 Subtotals (Hours). 32 8 28 4 8 80 $ 16,786.32 Subtotals (Costs)= $ - $ 7,210.24 $ 1,347.44 $ - $ 5,757.36 $ - $ 710.80 $ 1,700.48 $ - $ - 80 I$ 16,786.32 0.6% 0.6% 3.00 Construction Services Apr-19 Jan-24 3.10 Const Mnmgt, Insp., Admin. 3750 1900 3450 250 188 110 9648 $ 1,983,035.20 Subtotals (Hours)= 3750 1900 3450 250 188 110 9,648 $ 1,983,035.20 Subtotals (Costs). $ - 5 844,950.00 $ 320,017.00 $ - 5 709,389.00 $ 51,065.00 $ 33,407.60 $ 24,206.60 $ - $ - 9,648 I $ 1,083,035.20 69.5% 71.8% 4.00 Post -Construction Services Feb-24 Mar-24 4.1 Item Closr0ut 2 8 2 12 $ 2,209.32 4.2 Claims Report 4 8 8 20 0 3,893.68 4.3 Proposed Final Estimate 4 4 8 16 $ 2,996.60 4.4 Project Reimbursement 2 2 $ 411.24 4.5 Protect Report 2 4 6 $ 1,124.36 4.6 Record Drawings 8 4 8 20 $ 4,121.24 Subtotals (Hours). 20 28 20 8 $ - 76 $ 14,756.44 Subtotals(Costs)= $ - $ 4,506.40 $ 4,716.04 $ - $ 4,112.40 $ - $ 1,421.60 $ - $ - 76 I$ 14,756.44 0.5% 0.5% 5.00 Survey Services $ 154,674.53 CLSurveing Subtotals (Hours). 1058 5 154,674.53 Subtotals(Costs)= $ 154,674.53 $ - $ - $ - $ - $ - $ - 1,058 I $ 154,670.53 7.6% 5.6% 6.00 Materials Testing and Inspection $ 156,358.65 AESCO Subtotals (Hours). 540 $ 156,358.65 Subtotals(Costs)= $ 156,358.65 $ - $ - $ - $ - $ - $ - 540 $ 356,358.65 3.9% 5.796 7.00 Biological and Cultural Monitoring 5 84,799.98 ECORP Subtotals (Hours). 771 $ 84,799.98 Subtotals(Costs)= $ 84,799.98 $ - $ - $ - $ - $ - $ - 771 I$ 84,755.58 5.6% 3.196 8.00 Public Outreach $ 123,414.10 Connect and Company Subtotals (Hours). 1145 $ 123,414.10 Subtotals (Costs)= $ 123,414.10 $ - $ - $ - $ - $ - $ - 1,145 I $ 123414.10 8.3% 4.5% 9.00 CIDH Pile Acceptance(00C) $ Earthspectives- (As needed) Subtotals (Hours). $ CostslistedasODCbelow Subtotals (Costs) = $ - $ - $ - $ - $ - $ - I$ - 10.00 Electrical Inspection $ 59,923.73 DESI (John ',armor) Subtotals (Hours)= 360 , $ 59,923.73 City of la Quinta TYLIN INTERNATIONAL Construction Management and Inspection Services for Dune Palms Road and Bridge Project Cost Proposal Subtotals (Costs). $ 5%923.73 $ - $ - $ - $ - $ - $ - 360 I$ 59,923.73 2.6% 2.2% 11.00 Source Inspection Quallity Management $ 35,443.41 ZTC Consulting Group Subtotals (Hours). 200 $ 35,443.41 Subtotals (Costs)= $ 35,443.41 $ - $ - $ - $ - $ - $ - 200 I$ 35,443.41 1.456 1.3% Total (Hours). 3802 1936 3498 250 200 118 Total(Costs)=$ - $ 856,666.64 $ 326,080.48 $ - $ 719,258.76 $ 51,065.00 $ 35,540.00 $ 25,967.08 $ - $ - 13,878 I$ 2,629,152.36 Percentage of Total (Hours). 27.4% 14.0% 25.2% 1.8% 1.4% 0.9% 70.6% Percentage 0(70ta1 (Costs). 31.0% 11.8% 26.196 1.8% 1.3% 0.9% 73.0% OTHER DIRER COSTS T.Y. Lin Inte national TOTAL PROPOSED COST 1 Item Cost/Month Unit Total Labor = $ 2,629,192.36 Vehicle (Miles) $ 1,250.00 45.00 $ 56,250.00 2022 Escalation = $ 13,165.87 4% $ - 2023 Escalation= $ 21,943.11 4% $ 56,250.00 2024 Escalation = $ 8,777.24 4% 000s = $ 87,250.00 Item Unit Cost Unit Total 1022% CIDH Pile CIA- Earthspectives $ 25,000.00 1 $ 25,000.00 Total= $ 2,760,328.58 $ 25,000.00 Item Unit Cost Unit Total DBE Total $ $ 528,811.01 Pro3log aph Bridge Deck $ 6,000.00 1 $ 6,000.00 DBE% 19.20% $ 6,000.00 ODCS TOTAL= $ 87,250.00 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Note: Mark-ups are Not Allowed EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) NPrime Consultant ❑ Subconsultant 2nd Tier Subconsultant Consultant T.Y. Lin International Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 2/28/2022 Classification/Title Name Hours Actual Hourly Rate Total Project Manager / Resident Engineer Joseph Smith 0 $ 120.07 $ - Deputy Resident Engineer / Structure Rep John Buckley 3802 $ 96.32 $ 366,195.33 Office Engineer Cathleen Ma 1936 $ 72.00 $ 139,392.00 Schedule Reviews Wade Durant 118 $ 94.07 $ 11,100.13 LABOR COSTS a) Subtotal Direct Labor Costs $ 516,687.46 b) Anticipated Salary Increases (see page 2 for calculation) $ 18,766.09 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 535,453.55 INDIRECT COSTS d) Fringe Benefits (Rate: 0.000% ) f) Overhead (Rate: 112.666% ) h) General and Adminstrative (Rate: 0.000% ) e) Total Fringe Benefits [(c) x (d)] $ g) Overhead [(c) x (f)] $ 603,274.10 i) Gen & Admin [(c) x (h)] $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 603,274.10 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 %] $ 113,872.77 1)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Vehicle (Miles) 45 Each $ 1,250.00 $ 56,250.00 CIDH Pile QA - Earthspectives 1 Ea $ 25,000.00 $ 25,000.00 Profilograph Bridge Deck 1 Ea $ 6,000.00 $ 6,000.00 $ - $ - 1) TOTAL OTHER DIRECT COSTS $ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: AESCO Technologies, Inc. Subconsultant 2: CL Surveying and Mapping Subconsultant 3: Connect & Company Subconsultant 4: Dynamic Engineering Services, Inc. Subconsultant 5: ECORP Consulting, Inc. Subconsultant 6: FALCON Engineering Services, Inc. Subconsultant 7: ZT Consulting Group, Inc. 87,250.00 m) TOTAL SUBCONSULTANTS' COSTS $ 156,358.65 154,674.53 123,414.10 95,463.73 84,799.98 770,323.76 35,443.41 1,420,478.16 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 1,507,728.16 TOTAL COST [(c) + (j) + (k) + (n)] $ NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 2,760,328.58 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FORANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $516,687.46 Total Hours per Cost Proposal 5856 Avg Hourly Rate $88.23 5 Year Contract Duration Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $88.23 $91.76 $95.43 $99.25 $103.22 Proposed Escalation + 4% + 4% + 4% + 4% + 4% $91.76 $95.43 $99.25 $103.22 $107.35 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 30.0% 50.0% 20.0% 0.0% 0.0% 100.0% Total Hours per Cost Proposal * 5856 * 5856 * 5856 * 5856 * 5856 Total Total Hours per Year 1756.8 2928 1171.2 0 0 5856 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Year 6 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate (calculated above) $88.23 $91.76 $95.43 $99.25 $103.22 Estimate hours (calculated above) * 1756.80 * 2928.00 * 1171.20 * 0.00 * 0.00 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $155,006.24 $268,677.48 $111,769.83 $0.00 $0.00 - $535,453.55 - $ 516,687.46 - $ 18,766.09 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Philip Yartey Title * Sr. Vice President Signature : MO* Email: philip.yartey@tylin.com Date of Certification (mm/dd/yyyy): Phone Number Address: 3633 East Inland Empire Blvd., Suite 900, Ontario, CA 91764 (646) 264-2524 02/28/2022 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Management and Inspection, Public Outreach, Surveying Services, Materials Testing and Inspection, Source Inspection, Environmental Compliance, CIDH QA Services, Electrical Inspection. Page 3of9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-HI Cost Proposal Note: Mark-ups are Not Allowed EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant Subconsultant ❑ 2nd Tier Subconsultant Consultant AESCO Inc. Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 6/20/2022 Classification/Title Name Hours Actual Hourly Rate Total Sr. Geotechnical Engineer Adam Chamaa 70 $ 80.00 $ 5,600.00 Engineering Manager Omar Chamaa 80 $ 57.69 $ 4,615.20 Material Engineer David Ryan 50 $ 52.88 $ 2,644.00 Project coordinator/Manager Kay Alabed 50 $ 83.00 $ 4,150.00 Lab Manager Steve Crumb 30 $ 44.80 $ 1,344.00 Field Inspector Inspector (TBA) 350 $ 55.00 $ 19,250.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) $ 37,603.20 $ 451.24 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 38,054.44 INDIRECT COSTS d) Fringe Benefits (Rate: 57.880% ) f) Overhead (Rate: 55.220% ) h) General and Adminstrative (Rate: 0.000% ) e) Total Fringe Benefits [(c) x (d)] $ 22,025.91 g) Overhead [(c) x (f)] $ 21,013.66 i) Gen & Admin [(c) x (h)] $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 43,039.57 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 %] $ 8,109.40 I)CONSULTANT'S OTHER DIRECT COSTS (ODCI - ITEMIZE (Add additional napes if necessar Description of Item Quantity Unit Unit Cost Total Mileage Costs 5100 Mileage $ 0.58 $ 2,932.50 Equipment Rental and Supplies 1 est $ 5,349.74 $ 5,349.74 Permit Fees $ - $ - Plan Sheets $ - $ - Test 1 See attached $ 58,873.00 $ 58,873.00 1) TOTAL OTHER DIRECT COSTS $ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: 67,155.24 m) TOTAL SUBCONSULTANTS' COSTS $ n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 67,155.24 TOTAL COST [(c) + (j) + (k) + (n)] $ NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 156,358.65 Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT lO-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $37,603.20 Total Hours per Cost Proposal 630 Avg Hourly Rate $59.69 5 Year Contract Duration Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $59.69 $61.48 $63.32 $65.22 $67.18 Proposed Escalation + 3% + 3% + 3% + 3% + 3% $61.48 $63.32 $65.22 $67.18 $69.19 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 60.0% 40.0% 0.0% 0.0% 0.0% 100.0% Total Hours per Cost Proposal * 630 * 630 * 630 * 630 * 630 Total Total Hours per Year 378 252 0 0 0 630 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Year 6 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate Estimate hours (calculated above) (calculated above) $59.69 * 378 $61.48 * 252 $63.32 * 0 $65.22 * 0 $67.18 * 0 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $22,561.92 $15,492.52 $0.00 $0.00 $0.00 - $ 38,054.44 - $ 37,603.20 - $ 451.24 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Adam Chamaa Title*: Vice President Signature: Date of Certification (mm/dd/yyyy): 6/23/2022 Email: adam.chamaa@aescotech.com Phone Number: 714-375-3830 Address: *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Labrotary Testing Budget Mix Design Review Code Item $/Unit Unit Quantity Total D250 Review of Concrete Mix Design D251 Review of Grout Mix Design D252 Review of Mortar Mix Design D253 Review of Asphalt Mix Design Field Equipment Charges $ 168.00 $ 168.00 $ 168.00 $ 210.00 Each Each Each Each 4 $ 672.00 $ $ 3 $ 630.00 Code Item $/Unit Unit Quantity Total E350 Brass Mold E351 Concrete Air Meter E352 Concrete Unit Weight (Scale, Bucket, Rod and Mallet) E353 Field Vehicle Usage (Up to 100 miles) E354 Concrete/Asphalt Coring Equipment rental (min 4 hrs and 8 hrs after) E355 Fireproofing Adhesion/Cohesion E356 Hand Auger Equipment E357 Level D Personal Protective Equipment (PPE), per person E358 Liquid Penetrating Consumables E359 Magnetic Particle Equipment and Consumables E360 Ultrasonic Equipment and Consumables E361 Nuclear Density Gauge Usage E362 Compaction Test, per location E363 Portable Concrete Laboratory -not including Technicians E364 Pachometer (Rebar Locator) E365 Environmental PID Usage E366 Pull Test Equipment E367 Sand Cone Test Kit (Scale, Burner, Sand Cone Apparatus) E368 Schmidt Hammer E369 Torque Wrench, Small E370 Torque Wrench, Large E371 Torque Multiplier (Skidmore) E372 Miscellaneous Equipment Charge E373 Vapor Emission Kit E374 Field Resistivity Meter E375 Water Level Meter E376 Environmental ph/Turbidity/Conductivity/Temp Meter E377 Environmental FID Usage E378 Environmental groundwater sampling pump E379 XRF Lead Analyzer E380 Relative Humidity Schedule of Fees for Laboratory Services Concrete Tests 21.00 53.00 32.00 74.00 200.00 21.00 131.00 42.00 32.00 42.00 68.00 19.00 21.00 58.00 200.00 74.00 179.00 53.00 21.00 37.00 95.00 58.00 236.00 79.00 110.00 110.00 215.00 131.00 74.00 Each Day Day Trip Hour Test Day Day Day Day Day Hour Test Quote/Day Day Day Day Day Day Day Day Day Quote Each Each Day Day Day Day Day Day Day $ - 20 $ 1,060.00 20 $ 640.00 $ 20 $ 4,000.00 $ $ $ $ $ $ - 200 $ 3,800.00 120 $ 2,520.00 $ - $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Code Item $/Unit Unit Quantity Total C400 6" x 12" Cylinder: Compression Strength (ASTM C39) C401 6" x 6" x 18" Flexural Beams Not Exceeding Referenced Size (ASTM C78, C293, or CTM 523) C402 Cylinders: Splitting Tensile Strength (ASTM C496) C403 Core Compression including Trimming (ASTM C39) C404 Coring of Test Panels in Lab C405 Diamond Sawing of Cores or Cylinders (ASTM C642) C406 Density, Absorption, and Voids in Hardened Concrete (ASTM C642) C407 Modulus of Elasticity Static Test (ASTM C469) C408 Unit Weight Including Lightweight Concrete Drying Shrinkage Up to 28 Days: Three 3" x 3" or 4" x 4" Bars, Five Readings up to 28 Dry Days (ASTM C157) C410 Additional Reading C411 Storage Over Ninety (90) Days C435 Coefficient of Thermal Expansion of Concrete (CRD 39, AASHTO T336) C436 Compression Test (ASTM C495 and C472) C437 Air Dry Density (ASTM C472) C438 Oven Dry Density (ASTM C495) C439 Sample Trimming in the lab, up 6" diameter C409 Concrete Block, ASTM C140 37.00 84.00 84.00 53.00 26.00 26.00 315.00 131.00 68.00 394.00 47.00 37.00 840.00 47.00 37.00 63.00 21.00 Test Test Test Test Each Test Test Test Test Test Set of 3 Bars Set of 3 Bars/Month Test Test Test Test Test 60 $ 2,220.00 $ - $ - 20 $ 1,060.00 20 $ 520.00 20 $ 520.00 $ $ - $ $ $ - $ - 4 $ 3,360.00 $ - 4 $ 148.00 4 $ 252.00 6 $ 126.00 AEsco Code Item $/Unit Unit Quantity Total C412 Compression (3 Required Per ASTM) $ 63.00 Each $ C413 Absorption/Moisture Content/Oven Dry Density (3 Required per ASTM) $ 95.00 Each $ C414 Linear/Volumetric Shrinkage (ASTM C426) $ 105.00 Test $ C415 Web and Face Shell Measurements $ 47.00 Test $ C416 Tension Test $ 179.00 Test $ C417 Core Compression $ 58.00 Test $ C418 Shear Test of Masonry Cores: 2 Faces $ 95.00 Test $ C419 Efflorescence Test (3 Required), each $ 58.00 Test $ Laboratory Trial Batch: Cement, Concrete, Grout and Mortar Code Item $/Unit Unit Quantity Total L450 All trial batch for cement, concrete, grout, mortar, etc Brick Masonry Tests $ 2,800.00 1 $ 2,800.00 Code Item $/Unit Unit Quantity Total M500 Modulus of Rupture: Flexural (5 Required Per ASTM), each $ 58.00 Test $ M501 Compression Strength (3 Required Per ASTM), each $ 53.00 Test $ M502 Absorption: 5 Hour or 24 Hour (5 Required), each $ 53.00 Test $ M503 Absorption (Boil): 1, 2, or 5 Hours (5 Required), each $ 84.00 Test $ M504 Initial Rate of Absorption (5 Required), each $ 42.00 Test $ M505 Efflorescence (5 Required), each $ 89.00 Test $ M506 Core: Compression, each $ 74.00 Test $ M507 Shear Test on Brick Core: 2 Faces, each $ 95.00 Test $ Masonry Prisms Code Item $/Unit Unit Quantity Total M508 Compression Test: Composite Masonry Prisms Up To 8" x 16" 210 Test $ M509 Compression Test: Composite Masonry Prisms Larger Than 8" x 16" 305 Test $ M510 Masonry: Cutting of Cubes or Prisms 74 Test $ Mortar and Grout Code Item $/Unit Unit Quantity Total M511 Compression: 2" x 4" Mortar Cylinders 47 Test $ M512 Compression: 3" x 3" x 6" Grout Prisms, Includes Trimming 63 Test $ M513 Compression: 2" Cubes (ASTM C109) 63 Test $ M514 Compression: Cores (ASTM C42) 63 Test $ M515 Mortar Expansion (ASTM C806) 315 Test $ Fireproofing Tests Code Item $/Unit Unit Quantity Total F550 Oven Dry Density 79 Test $ F551 Adhesion/Cohesions Testing, per hour, 4 hour minimum 126 Test $ Gunite and Shotcrete Tests Code Item $/Unit Unit Quantity Total C420 Core Compression Including Trimming (ASTM C42) 63 Test $ C421 Compression 6" x 12" Cylinders 37 Test $ C422 Compression: Cubes 42 Test $ Soils and Aggregate Tests Code Item $/Unit Unit Quantity Total S600 Atterberg Limits/Plasticity Index (ASTM D4318) $ 147.00 Test 40 $ 5,880.00 S601 Chloride and Sulfate Content (CTM 417, CTM 422) $ 152.00 Test $ S602 Consolidation, Full Cycle (ASTM 2435, CTM 219) $ 289.00 Test $ S603 Cleanness Value: 1" x #4 (CTM 227) $ 194.00 Test 4 $ 776.00 S604 Cleanness Value: 2.5" x 1.5" or 1.5" x .75" (CTM 227) $ 310.00 Test 4 $ 1,240.00 S605 Corrosivity Series: Sulfate, CI, pH (CTM 643 and 417) $ 210.00 Test $ - S606 Lab Resistivity $ 131.00 Test $ - S607 Direct Shear Test (ASTM D3080) $ 268.00 Test $ S608 Direct Shear Test, per point $ 116.00 Test $ - S609 Direct Shear Test Sample Remolding (ASTM D3080) $ 47.00 Test $ - S610 Durability Index Fine Aggregate $ 168.00 Test 6 $ 1,008.00 S611 Expansion Index (ASTM D4829, UBC 18-2) $ 163.00 Test 10 $ 1,630.00 S612 Durability Index: Coarse Aggregate $ 168.00 Test 6 $ 1,008.00 S613 Maximum Density: Methods A/B/C (ASTM D1557 or D698, CTM 216) $ 194.00 Test 20 $ 3,880.00 S614 Maximum Density: Check Point abrasion (ASTM D1557) $ 79.00 Test $ - S615 Maximum Density: AASHTO C (Modified) (AASHTO T-180) $ 210.00 Test $ - S616 Moisture Density Rock Correction $ 168.00 Test 6 $ 1,008.00 S617 Moisture Content (ASTM D2216, CTM 226) $ 26.00 Test 40 $ 1,040.00 r a 1 AESCO 5618 Density: Ring Sample (ASTM D2937) $ 32.00 Test $ - 5619 Density: Shelby Tube Sample (ASTM D2937) $ 58.00 Test $ 5620 Organic Impurities (ASTM C40) $ 100.00 Test $ - 5621 Failing Head Permeability (ASTM D2434) $ 263.00 Test $ - 5622 R-Value: Soil (ASTM 2844) $ 373.00 Test 3 $ 1,119.00 5623 R-Value: Aggregate Base (ASTM D2844) $ 373.00 Test 3 $ 1,119.00 5624 Sand Equivalent (ASTM D2419, CTM 217) $ 137.00 Test 20 $ 2,740.00 5625 Soil Classification (ASTM D2487) $ 37.00 Test 20 $ 740.00 5626 Sieve #200 Wash Only (ASTM D1140) $ 100.00 Test 20 $ 2,000.00 5627 Sieve with Hydrometer: Sand to Clay (ASTM D422) $ 305.00 Test $ - 5628 Sieve Analysis including Wash (ASTM C136) $ 179.00 Test $ - 5629 Sieve Analysis Without Wash $ 126.00 Test 10 $ 1,260.00 5630 Specific Gravity and Absorption: Coarse (ASTM C127, CTM 202) $ 100.00 Test $ - 5631 Specific Gravity and Absorption: Fine(ASTM C128, CTM 207) $ 168.00 Test $ 5632 Swell/Settlement Potential: One Dimensional (ASTM D4546) $ 173.00 Test $ - 5633 Unit Weight Coarse Aggregate $ 84.00 Test $ 5634 Unit Weight Fine Aggregate $ 84.00 Test $ - 5635 Voids in Aggregate (ASTM C29) $ 95.00 Test $ 5636 Unconfined Compression (ASTM D2166, CTM 221) $ 105.00 Test $ - 5637 LA Rattler $ 205.00 Test 6 $ 1,230.00 5638 pH of soil $ 26.00 Test $ - 5639 Pocket Penetration Test $ 11.00 Test $ - Asphalt Concrete Tests Code Item $/Unit Unit Quantity Total A650 Asphalt Core Density $ 63.00 Test 10 $ 630.00 A651 Extraction %AC by Ignition Oven (CTM 382) $ 184.00 Test 5 $ 920.00 A652 Gradation on Extracted Asph (ASTM D6507 andD5444, CTM 202, and CTM 382) $ 105.00 Test 5 $ 525.00 A653 Moisture Content (CTM 370) $ 79.00 Test 5 $ 395.00 A654 Maximum Theoretical Specific Gravity (RICE) (ASTM D2041, CTM 309) $ 168.00 Test $ A655 Specific Gravity and Absorption: Coarse (ASTM C127, CTM 206) $ 95.00 Test $ A656 Specific Gravity and Absorption: Fine (ASTM C128, CTM 207) $ 168.00 Test $ - A657 Sieve Analysis (ASTM D5444 and C136) $ 100.00 Test 10 $ 1,000.00 A658 Sieve Analysis with Wash (ASTM D5444) $ 147.00 Test 4 $ 588.00 A659 Sand Equivalent (ASTM D2419) $ 142.00 Test 12 $ 1,704.00 A660 5 pt LTMD Bulk Specific Gravity (CTM 308, CTM 375) $ 299.00 Test $ - A661 Flat and Elongated Particles (ASTM D4791) $ 221.00 Test $ A662 Fine Aggregate Angularity (AASHTO T304 A) $ 205.00 Test $ - A663 Maximum Density HVEEM (ASTM D1560) $ 221.00 Test 5 $ 1,105.00 A664 Maximum Density Marshall (ASTM D1559 and D561) $ 221.00 Test $ A665 Mix Stability (CTM 304) $ 221.00 Test $ A668 Wet track Abrasion Loss (ASTM D3910), each $ 184.00 Test $ A669 Extraction % of Emulsion (ASTM D6307) $ 163.00 Test $ A670 Slurry seal field consistency test (ASTM D3910) $ 89.00 Test $ Reinforcing Steel Code Item $/Unit Unit Quantity Total R700 Bend Test: #11 or Smaller $ 68.00 Test $ R701 Bend Test: Larger Than # 11 $ 100.00 Test $ R702 Tensile Test: # 11 or Smaller $ 89.00 Test $ R703 Tensile Test: # 14 $ 121.00 Test $ R704 Tensile Test: # 18 $ 300.00 Test $ R705 Slippage Test In Addition to Tensile Test (Per Caltrans 52-1.08C) $ 350.00 Test $ R706 Tensile Test: Mechanical Splice # 11 and Smaller $ 130.00 Test $ R707 Tensile Test: Mechanical Splice # 14 $ 180.00 Test $ R708 Tensile Test: Mechanical Splice # 18 $ 350.00 Test $ R709 Tensile Test: Welded # 11 and Smaller $ 90.00 Test $ R710 Tensile Test: Welded # 14 $ 130.00 Test $ R711 Tensile Test: Welded # 18 $ 300.00 Test $ R712 Sample Straightening for Bend or Tensile Test (if required) $ 65.00 Test $ R713 Testing Multi -Wire Steel Prestressing Strand $ 350.00 Test $ R714 Tensile Test: T-Head #11 and Smaller $ 160.00 Test $ R715 Tensile Test: T-Head #14 $ 210.00 Test $ R716 Tensile Test: T-Head #18 $ 300.00 Test $ R717 Tensile Test: Welded Hoops # 11 and Smaller $ 130.00 Test $ R718 Tensile Test: Welded Hoops # 14 $ 180.00 Test $ Metal Testing Code Item $/Unit Unit Quantity Total R714 Hardness Test (Rockwell) and Brinnel (ASTM E18) R715 Hardness Test of Nuts $ 79.00 Test $ $ 89.00 Test $ AESCO R716 Hardness Test of Bolts R717 Hardness Test of Washers Concrete Coring Services $ 105.00 Test $ $ 89.00 Test $ Code Item $/Unit Unit Quantity Total C423 Equipment Concrete (4 and 8 hour minimum) $ 210.00 Hour $ Individual Core Prices (all prices are for a four core minimum job): $ C424 Slab on Grade Coring for 2",3" and 4" Diameter (first 6" depth) each $ 74.00 Test $ C425 Slab on Grade Coring for 6" and 8" Diameter (first 6" depth) each $ 79.00 Test $ C426 Slab on Grade Concrete Core (price per inch after 6" depth) $ 11.00 Test $ C427 Wall Cores 2",3" and 4" (first 6" in depth) each $ 89.00 Test $ C428 Wall Concrete Core (price per inch after 6" in depth), per inch (Wall core pries based on Contractor supplying access to area to be cored) $ 11.00 Inch $ Miscellaneous Concrete Coring Prices: $ $ C429 Patching Slab on Grade Cored Holes with 2500 psi Concrete Patch, each $ 21.00 Test $ C430 Thickness Determination per ASTM C42, each $ 21.00 Test $ C431 Compression Strength Determination $ 68.00 Test $ Asphalt Concrete Coring Services Code Item $/Unit Unit Quantity Total Alternate Individual Core Prices (all prices are for a four core minimum job): A661 Asphaltic Concrete Cores 2",3" and 4" Diameter (First 6" in depth), each $ 74.00 Test $ A662 Asphaltic Concrete Cores 6" and 8" Diameter (First 6" in depth), each $ 74.00 Test $ A663 Asphaltic Concrete Cores price per inch after 6" in depth, each $ 11.00 Test $ Miscellaneous Asphaltic Coring Prices: A664 Patching of Core Drilled Holes Using Cold Patch Material, each $ 32.00 Test $ A665 Thickness Determination per ASTM C42, each $ 37.00 Test $ A666 Specific Gravity for Determination of Percent Compaction per ASTM D 2726, each $ 47.00 Test $ A667 Specific Gravity for Determination of Percent Compaction by Paraffin, each $ 68.00 Test $ Environmental Tests Code Item $/Unit Unit Quantity Total N800 Asbestos Polarized Light Microscopy (PLM) 3-Day Turnaround, each $ 21.00 Test $ N801 Asbestos Polarized Light Microscopy (PLM) 24-Hour Turnaround, each $ 42.00 Test $ N802 Asbestos Polarized Light Microscopy (PLM) 8-Hour Turnaround, each $ 74.00 Test $ Grand Total $ 58,873.00 Local Assistance Procedures Manual EXHIBIT 10-HI Cost Proposal Note: Mark-ups are Not Allowed EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant Consultant CL Surveying and Mapping, Inc. Subconsultant ❑ 2nd Tier Subconsultant Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 2/23/2022 Classification/Title Name Hours Actual Hourly Rate Total Survey Project Manager Joseph Deal 48 $ 78.25 $ 3,756.00 Survey Tech Bernardo Padilla 139.415 $ 50.00 $ 6,970.77 Party Chief TBD 408 $ 55.26 $ 22,546.08 Chainman TBD 408 $ 51.28 $ 20,922.24 $ - $ - $ - $ - LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) $ 54,195.09 $ 3,350.73 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 57,545.82 INDIRECT COSTS d) Fringe Benefits (Rate: 80.010% ) e) Total Fringe Benefits [(c) x (d)] $ 46,042.41 f) Overhead (Rate: 32.170% ) g) Overhead [(c) x (f)] $ 18,512.49 h) General and Adminstrative (Rate: 32.170% ) i) Gen & Admin [(c) x (h)] $ 18,512.49 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 83,067.39 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 %] $ 14,061.32 1)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ - $ - Equipment Rental and Supplies $ - $ - Permit Fees $ - $ - Plan Sheets $ - $ - Test $ - $ - 1) TOTAL OTHER DIRECT COSTS $ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: m) TOTAL SUBCONSULTANTS' COSTS $ n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $ TOTAL COST [(c) + (j) + (k) + (n)] $ 154,674.53 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FORANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $54,195.09 Total Hours per Cost Proposal 1003.415 Avg Hourly Rate $54.01 5 Year Contract Duration Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $54.01 $55.63 $57.30 $59.02 $60.79 Proposed Escalation + 3% + 3% + 3% + 3% + 3% $55.63 $57.30 $59.02 $60.79 $62.61 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 20.0% 20.0% 20.0% 20.0% 20.0% 100.0% Total Hours per Cost Proposal * 1003.415 * 1003.415 * 1003.415 * 1003.415 * 1003.415 Total Total Hours per Year - 200.68308 - 200.68308 - 200.68308 - 200.68308 - 200.68308 - 1003.4154 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Year 6 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate (calculated above) $54.01 $55.63 $57.30 $59.02 $60.79 Estimate hours (calculated above) * 200.683 • 200.683 • 200.683 * 200.683 * 200.683 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $10,839.02 $11,164.19 $11,499.11 $11,844.09 $12,199.41 $57,545.82 $54,195.09 - $ 3,350.73 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Lam Le Title*: President Signature: Date of Certification (mm/dd/yyyy): 2/23/2022 Email: Lam@cl-survey.com Phone Number: (909) 484-4200 Address: 400 East Rincon Street, Suite 202, Corona, CA 92879 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Land Surveying Page 3 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Note: Mark-ups are Not Allowed EXHIBIT 10-H1 COST PROPOSAL Page 1 of 4 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant �X Subconsultant ❑ 2nd Tier Subconsultant Consultant Connect & Company, LLC Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 2/18/2022 Classification/Title Name Hours Actual Hourly Rate Total Outreach Director Andrea Suarez 250 $ 79.00 $ 19,750.00 Sr. Community Outreach Jessica Sanchez 450 $ 39.00 $ 17,550.00 Art Diretor/Graphic Designer Christine Feldman 75 $ 52.50 $ 3,937.50 Outreach Support Jenessa Sanchez 300 $ 25.00 $ 7,500.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) INDIRECT COSTS d) Fringe Benefits (Rat( 0.000% ) f) Overhead (Rate: 120.000% ) h) General and Adminstrativ( (Rate: 0.000% ) $ 48,737.50 $ 3.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 48,740.50 e) Total Fringe Benefits [(c) x (d)] $ g) Overhead [(c) x (f)] $ 58,488.60 i) Gen & Admin [(c) x (h)] $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 58,488.60 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0 %] $ 1)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) 10,722.91 Description of Item Quantity Unit Unit Cost Total Mileage Costs 9128.73 $ 0.56 $ 5,112.09 Equipment Rental and Supplies 1 $ 350.00 $ 350.00 Permit Fees $ - $ - Plan Sheets $ - $ - Test $ - $ - 1) TOTAL OTHER DIRECT COSTS $ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: 5,462.09 m) TOTAL SUBCONSULTANTS' COSTS $ n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 5,462.09 TOTAL COST [(c) + (j) + (k) + (n)] $ NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 123,414.10 Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 4 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FORANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $ 48,737.50 Total Hours per Cost Proposal 1075 Avg Hourly Rate $ 45.34 5 Year Contract Duration Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $45.34 $45.34 $45.34 $45.34 $45.34 Proposed Escalation + 0% + 0% + 0% + 0% + 0% $45.34 $45.34 $45.34 $45.34 $45.34 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 70.0% 30.0% 0.0% 0.0% 0.0% 100.0% Total Hours per Cost Proposal * 1075 * 1075 * 1075 * 1075 * 1075 Total Total Hours per Year 752.5 322.5 0 0 0 1075 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Year 6 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate Estimate hours (calculated above) (calculated above) $45.34 * 752.50 $45.34 * 322.50 $45.34 * 0.00 $45.34 * 0.00 $45.34 * 0.00 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year 34,118.35 14,622.15 48,740.50 48,737.50 3.00 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 4 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Andrea Suarez Title*: President Signature: AWS Date of Certification (mm/dd/yyyy): 2/18/2022 Email: andrea@connectcopr.com Phone Number: 760-889-6949 Address: 690 Carlsbad Village Drive, Ste. 204, Carlsbad CA 92008 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 4 of 4 List services the consultant is providing under the proposed contract: PROJECT KICK-OFF 2-3 months • Develop project outreach plan • Design project collateral • Initiate and manage content for Social Media pages • Set up and manage Construction Hotline • Develop content for City website • Plan and host Emergency Services and Key Stakeholder Meeting • Grass roots outreach to businesses and residents in project area • Attend weekly construction meetings for first month then bi-weekly • Deliver weekly Construction Alerts/Updates MAINTENANCE MODE --68 weeks • Attend construction meetings in person (2x month) and online • Deliver weekly Construction Alerts/Updates • Provide weekly, and as needed, social media post • Provide content for City website • Manage Construction Hotline • Provide outreach as needed PROJECT MILESTONES • Attend pre -construction meetings for project milestones • Develop and execute mini outreach plans o Plan and host emergency services meetings as necessary o Develop collateral for website, social media and alerts o Stakeholder outreach o Grass roots outreach Page 3 of 9 January 2020 Note: Mark-ups are Not Allowed Local Assistance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-HI COST PROPOSAL Page 1 of 4 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant NSubconsultant ❑ 2nd Tier Subconsultant Consultant Dynamic Engineering Services, Inc. DIRECT LABOR Contract No. BRKLS-5433 (014) Date 2/22/2022 Classification/Title Name hours Actual Hourly Rate Total Labor Compliance Officer Chia -Chi Wang 194.25 $75.00 $14,568.75 Electrical Inspector** Various 340 $65.00 $22,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits (Rat 34.61% ) INDIRECT COSTS f) Overhead h) General and Administrative FEE (Profit) q) (Rate: 10.00% ) (Rate: 89.88% (Rate: 0.00% 534.25 $36,668.75 $110.01 c) TOTAL DIRECT LABOR COSTS [(a) + (b)1 e) Total Fringe Benefits [(c) x (d)] $12,729.13 $36,778.76 g) Overhead [(c) x (f)] $33,056.75 ) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (1)] $45,785.87 k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $8,256.46 OTHER DIRECT COSTS (ODC) Description Unit(s) Unit Cost Total 1) Travel (Per Caltrans Policies) $0.00 m) Mileage (per IRS rate) 8005 $0.58 $4,642.64 n) Material Testing (see attached) $0.00 $0.00 o) Subconsultant Costs p) Total Other Direct Costs [(1) + (m) + (n) + (o)] $4,642.64 TOTAL COST [(c) + (j) + (k) + (p)] $95,463.73 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 4 Jan-18 Local Assistance Procedures Manual Exhibit 10-H1 Cost Proposal Consultant EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 2 OF 2 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Contract No. Date 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $36,668.75 Total Hours per Cost Proposal 534.25 Avg Hourly Rate $68.64 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $68.64 $68.64 $70.70 $70.70 $70.70 Proposed Escalation + 0% + 3% + 0% + 0% + 0% 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 90.00% 10.00% 0.00% 0.00% 0.00% 100% Total Hours per Cost Proposal 534.3 534.3 534.3 534.3 534.3 Total 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 NOTES: Avg Hourly Rate (calculated above) $68.64 $70.70 $70.70 $70.70 * * * * Estimated hours (calculated above) 481 53 0 0 $70.70 * 0 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase $68.64 $70.70 $70.70 $70.70 $70.70 5 Year Contract Duration Year 1 Avg Hourly Rate Year 2 Avg Hourly Rate Year 3 Avg Hourly Rate Year 4 Avg Hourly Rate Year 5 Avg Hourly Rate Year 5 Avg Hourly Rate Total Hours per Year 480.8 Estimated Hours Year 1 53.4 Estimated Hours Year 2 0.0 Estimated Hours Year 3 0.0 Estimated Hours Year 4 0.0 Estimated Hours Year 5 534.3 Cost per Year $33,001.88 $3,776.88 $0.00 $0.00 $0.00 $36,778.76 $36,668.75 $110.01 $36,778.76 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. Page 2 of 4 Jan-18 Local Assistance Procedures Manual EXHIBIT 10-HI Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Chia -Chi Wang Title *: Project Manager/Principal Signature : Date of Certification (mm/dd/yyyy): 022/2122 Email: ccwang@dynamicesi.com Phone Number: 951-892-1420 Address : 11762 De Palma Road, Suite 1C88, Corona, CA 92883 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Contract Administration, Construction Management, Quality Assurance Electrical Inspection and Labor Compliance Monitoring Page 3 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ❑ Prime Consultant © Subconsultant ❑ 2nd Tier Subconsultant Consultant ECORP Consulting, Inc. Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 6/24/2022 Classification/Title Name Hours Actual Hourly Rate Total QA/QC Lisa Westwood, RPA 4.0 $ 73.20 $ 292.80 PI Task Manager John O'Connor, Ph.D., RPA* 9.0 $ 41.64 $ 374.76 Staff Archaeologist Robert Cunningham 395.0 $ 30.00 $ 11,850.00 Project Manager Caroline Garcia* 141.0 $ 26.00 $ 3,666.00 Sr. Bio. Oversight Wendy Turner* 21.0 $ 36.06 $ 757.26 Sr. Bio. Oversight Margaret Bomyasz 0.5 $ 58.44 $ 29.22 Biologist Christina Torres 4.0 $ 25.00 $ 100.00 Biologist Jessie Beckman 0.5 $ 32.50 $ 16.25 Biologist Alden Lovaas 37.0 $ 20.72 $ 766.64 Biologist Alexandra "Lexi" Dorough 36.0 $ 18.50 $ 666.00 Biologist Chelsie Brown 24.0 $ 28.00 $ 672.00 Biologist Corrina Tapia 0.5 $ 23.50 $ 11.75 Biologist Taylor Dee 16.0 $ 24.20 $ 387.20 Biologist Lauren Simpson 12.0 $ 34.25 $ 411.00 Biologist Carley Lancaster 0.5 $ 33.75 $ 16.88 Biologist Max Murray 0.5 $ 25.85 $ 12.93 Biologist Joshua Harris 16.0 $ 18.50 $ 296.00 Biologist Bryce "Adam" Schroeder 0.5 $ 33.72 $ 16.86 Biologist Josh Corona -Bennett 12.0 $ 41.60 $ 499.20 GIS Support Torrey Rotellini 6.0 $ 23.54 $ 141.24 Sr. GIS Support Marc Guidry, GISP 9.0 $ 42.00 $ 378.00 Publications Laura Hesse 13.0 $ 26.56 $ 345.28 Project Controls Candy Coons 7.5 $ 30.05 $ 225.38 Project Accountant Jackie McComas 24.0 $ 31.00 $ 744.00 $ - LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculation) $ 22,676.64 $ 925.39 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 23,602.03 INDIRECT COSTS d) Fringe Benefits (Rate: 68.17% ) t) Overhead (Rate: 38.45% ) h) General and Adminstrative (Rate: 84.16% ) e) Total Fringe Benefits [(c) x (d)] $ 16,089.50 g) Overhead [(c) x (f)] $ 9,074.98 i) Gen & Admin [(c) x (h)] $ 19,863.46 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 5.0 %] DCONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional oases if necessarvl FIXED FEE $ 45,027.94 3,431.50 Description of Item Quantity Unit Unit Cost Total Mileage Costs 5,140 Mile $ 0.56 $ 2,878.40 Vehicle Rental 35 Day $ 100.00 $ 3,500.00 Lodging 35 Night $ 125.00 $ 4,375.00 Per diem/Meals 35 Day $ 41.00 $ 1,435.00 Exclusion Supplies 1 ea $ 550.11 $ 550.11 1) TOTAL OTHER DIRECT COSTS m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: 12,738.51 m) TOTAL SUBCONSULTANTS' COSTS $ n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 12,738.51 TOTAL COST [(c) + (j) + (k) + (n)] $ NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 84,799.98 Page 1 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 1O-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $22,676.64 Total Hours per Cost Proposal 789 Avg Hourly Rate $28.76 5 Year Contract Duration Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $28.76 $29.33 $29.92 $30.52 $31.13 Proposed Escalation + 2% + 2% + 2% + 2% + 2% $29.33 $29.92 $30.52 $31.13 $31.75 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated % Completed Each Year 20.0% 20.0% 20.0% 20.0% 20.0% 100.0% Total Hours per Cost Proposal * 789 * 789 * 789 * 789 * 789 Total Total Hours per Year 157.7 157.7 157.7 157.7 157.7 788.5 Year 2 Avg Houly Rate Year 3 Avg Houly Rate Year 4 Avg Houly Rate Year 5 Avg Houly Rate Year 6 Avg Houly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate Estimate hours (calculated above) (calculated above) $28.76 * 158 $29.33 * 158 $29.92 * 158 $30.52 * 158 $31.13 * 158 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $4,535.33 $4,626.03 $4,718.56 $4,812.93 $4,909.18 - $ 23,602.03 - $ 22,676.64 - $ 925.39 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-H1 EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Brant Brechbiel Title *: Vice President/CCO Signature :Lig Date of Certification (mm/dd/yyyy): 6/24/2022 Email: Phone Number: (714) 648-0630 bbrechbiel@n,ecorpconsulting.com Address: 2861 Pullman Street, Santa Ana, CA 92705 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Environmental Compliance Services LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 2 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ❑ Prime ❑x Subconsultant ❑ 2nd Tier Subconsultant Consultant FALCON Engineering Services, Inc. Project No. City Project No. 2011-05 DIRECT LABOR Contract No. Date 3/29/2022 Classification/Title Name Hours Actual Hourly Rate Total Roadway/Bridge Inspector Syed Afzal Biyabani 3477.02 $75.50 $262,514.91 SWPPP Dion Castro 240 $74.98 $17,995.54 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits $280,510.45 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] Rate: 0.00% $280,510.45 e) TOTAL FRINGE BENEFITS [(c) x (d)] $0.00 INDIRECT COSTS f) Overhead Rate: 149.65% g) Overhead [(c) x (f)] $419,783.88 h) General & Administrative Rate: 0.00% i) General & Administrative [(c) x (h)] $0.00 FEE (Profit) q) Rate: j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 10.00% k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] 1) CONSULTANT OTHER DIRECT COSTS (ODCI ITEMIZE $419,783.88 70,029.43 Description Unit(s) Unit Cost Total 1) TOTAL OTHER DIRECT COSTS m) SUBCONSULTANT'S COST (Add additional pages if necessary) Included in OH Subconsultant 1: Subconsultant 2: Subconsultant 3: m) TOTAL SUBCONSULTANTS' COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] TOTAL COST [(c) + (j) + (k) + (n)] $0.00 $0.00 $770,323.76 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. LPP 15-01 January 2020 EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Wael Faqih, PE Signature: CM Email: wfaqih@falcon-ca.com Address: 341 Corporate Terrace Circle, Suite 101 Corona, CA 92879 Title*: Senior Vice President Date of Certification: March 29, 2022 Phone Number: (951) 264-2350 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List of services the consultant is providing under the proposed contract. Structures Representative, Construction Inspection, Roadway, Electrical, Signal, SWPPP Note: Mark-ups are Not Allowed Consultant ZT Consulting Group, Inc. Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 4 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) ❑ Prime Consultant ❑x Subconsultant ❑ 2nd Tier Subconsultant DIRECT LABOR Contract No. BRKLS-5433(014) Dune Palms Road Bridge Project Date 3/10/2022 Classification/Title Name hours Actual Hourly Rate Total Structural Manterial Rep.* Farzad Tasbihgoo, PE 44 $82.50 $3,630.00 QA Inspector Andrew Soria, CWI, PCI III, NACE 2 80 $54.50 $4,360.00 QA Inspector David Ramirez, ACI I, PCI II 32 $45.00 $1,440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits (Ratf . ) INDIRECT COSTS f) Overhead h) General and Administrative (Rate: 104.66% (Rate: 0.00% $9,430.00 $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)1 e) Total Fringe Benefits [(c) x (d)] $0.00 g) Overhead [(c) x (f)] i) Gen & Admin [(c) x (h)] $9,430.00 $9,869.44 $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $9,869.44 FEE (Profit) q) (Rate: 10.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $1,929.94 OTHER DIRECT COSTS (ODC) Description Unit(s) Unit Cost Total 1) Travel (Per Caltrans Policies) 4 $600.00 m) Mileage (per IRS rate) 989 $0.56 n) Material Testing (see attached) 1 $11,260.00 o) Subconsultant Costs $2,400.00 $554.03 $11,260.00 p) Total Other Direct Costs [(1) + (m) + (n) + (o)] $14,214.03 TOTAL COST [(c) + (j) + (k) + (p)] $35,443.41 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 4 Janaury 2018 Consultant ZT Consulting Group, Inc. Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 2 OF 2 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Contract No. BRKLS-5433(014) Date 3/10/2022 Dune Palms Road Bridge Project 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal $9,430.00 Total Hours per Cost Proposal 156 Avg Hourly Rate $60.45 ' 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 Year 2 Year 3 Year 4 Year 5 Avg Hourly Rate $60.45 $60.45 $60.45 $60.45 $60.45 Proposed Escalation 0% + 0% 0% + 0% 0% 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Each Year Year 1 60.00% Year 2 40.00% Year 3 0.00% Year 4 0.00% Year 5 0.00% Total 100% * * * * Total Hours per Cost Proposal 156.0 156.0 156.0 156.0 156.0 Total $60.45 $60.45 $60.45 $60.45 $60.45 Total Hours per Year 93.6 62.4 0.0 0.0 0.0 156.0 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year 1 Year 2 Year 3 Year 4 Year 5 NOTES: • • • Avg Hourly Rate (calculated above) $60.45 $60.45 $60.45 $60.45 $60.45 Estimated hours (calculated above) 94 62 0 0 0 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase Cost per Year $5,658.00 $3,772.00 $0.00 $0.00 $0.00 $9,430.00 $9,430.00 $0.00 44630 5 Year Contract Duration Year 1 Avg Hourly Rate Year 2 Avg Hourly Rate Year 3 Avg Hourly Rate Year 4 Avg Hourly Rate Year 5 Avg Hourly Rate Year 5 Avg Hourly Rate Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 $9,430.00 Estimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. Page 2 of 4 Janaury 2018 Consultant ZT Consulting Group, Inc. Local Assitance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 3 OF 4 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Contract No. BRKLS-5433(014) Date 3/10/2022 Dune Palms Road Bridge Project Estiamte of Other Direct Cost (ODC) Material Testing Summary of Cost Units Cost per Unit Cost 1) Epoxy Coated Bars 0 $ 100.00 $0.00 2) Elastomer Seal 0 $ 1,200.00 $0.00 3) Splices - Mechanical or Hoops or Headed Bars 32 $ 180.00 $5,760.00 4) Bearing Pads 2 $ 625.00 $1,250.00 5) Structural Fasteners - Anchor Rods 0 $ 250.00 $0.00 6) Structural Fasteners - High Strength Bolts 0 $ 250.00 $0.00 7) Strands 25 $ 150.00 $3,750.00 8) PT Anchorage 2 $ 250.00 $500.00 $11,260.00 Travel Cost - Per Caltrans Policies (Note 1) Units Cost per Unit Cost 1) Travel per Note 1 - Per Trip 4 $ 600.00 $2,400.00 2) Mileage Per IRS 989 $ 0.56 $554.03 Total ODC $2,954.03 $14,214.03 Notes 1. Pre -approved travel and Per Diem will be reimbursed in accordance with the current Caltrans Travel Guide for consultants, and detailed in executed Task Order Cost Estimates. No charge will be invoiced for employee relocation costs. Page 3 of 4 Janaury 2018 EXHIBIT 10-H1 COST PROPOSAL (EXAMPLE #1) PAGE 3 OF 4 ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant ZT Consulting Group, Inc. • • Contract No. BRKLS-5433(014) Date 3/10/2022 Dune Palms Road Bridge Project Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Farzad Tasbihgoo Name: Signature : Gt farzad@zt Email: rn.com T,,ss,--- 1041 E Green St., Suite 204, Pasadena, CA 91106 Address: Title * Principal Engineer Date of Certification: 03/10/2022 818-929-8162 Phone Number: *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Source Inspection, Fabrication Visit, Construction Material Sampling at Shop, Travel to Shops for inspection and testing Page 4 of 4 Janaury 2018 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 DUNE PALMS ROAD BRIDGE PROJECT M Acliviry ID Activity Name 2 3 12 13 14 15 15 17 1A 12 22 2 26 29 11 35 17. 4A dn 41 42 41 44 45 671 49 51 53 54 55 56 57 99 91 62 63 65 Dune Plams Bridge SUBMITTALS PHASE 1 SUBSTRUCTURE(WEST) 51010 rear, rv,.nl 51020 55- rnsMon u)(,w') .rewx 061168.0 6+0001 616110805550 51155511 Original Start ®® SUPER -STRUCTURE (WEST) ROADWAY1 PHASE 2 SUBSTRUCTURE(EAST) IIIIIII� t ,awn 0166622 01686822 TNa m)1'rIrwauz. ax Meul 10 ;ate„ 0600022 B.- 02-.152.26 Fa) 012015510 1,5 6 0,622 16)I8126)a 68158: SUPER -STRUCTURE (EAST) +cs ,z za 26 5.5.51E555 azua >w.osx Tanl„54za 17,555 5200 192 a won sasnw;s leo2602202 ROADWAY 2o 83140443 CVWD Sewerline CVWD Waterline CVSC Channel UTILITIES By Othe unoo MILESTON wu,5x�m,rn,.m,oancawnlc2laE.,;..mne,.a.3w.,4MP. NIP 55438555 NIP .+� }sr.;xx. guRR,R�RE Mom i •;r•coatl<vJls,jzs)xax,I., Moil; a.Me%*I M.(4 • ca; me,5�, Pz.aM+, v.{n.rvu,Mon r �. I64.11/6,65 • IZI WN ie76 *8A67 ca e9 5.5.0555555555, 1 1913 ax . 8478.71.1555Ds23 • 25541. Ue 611.1I51.z51Mur,16A oR1zew)1,of1neRxr '" RIz aajoma0,11a. w. merzmmiawxaa 4•051.Ew,e, S,.me..R.ari.ucRain.l55nan., rla�l � R$avRne$mole�, �Vra nik eel 5555555555155,5554 05.51555565555(5551.0 E RvrtwX lead slen,l e�x}a em . 505551•:1511en0, RJR caw )w;m rmaw ... _ �ojP;aew,ve�,tiw�' F^,;ry� _13:10zar'.k__' fi Actual Work 1 Remaining Work • Critical Remaining W... • Milestone Page 1 of 1 TASK filter: Critical. © Oracle Corporation PROJECT SCHEDULE Exhibit C Note: Schedule was based on the plans and specifications provided with the City of La Quinta RFP for Dune Palms Road Bridge Improvements Project. Exhibit D Special Requirements See Required Federal Forms Attached. Exhibit 10-01 and Exhibit 10-02. Exhibit D Page 1 of 1 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of La Quinta 3. Project Description: Dune Palms Road Bridge (CP#2011-05) 4. Project Location: 2. Contract DBE Goal: 17% Dune Palms Road spanning Coachella Valley Stormwater Channel from Corporate Center to Blackhawk Way 5. Consultants Name: T.Y. Lin International 6. Prime Certified DBE: 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information 10. DBE % Electrical/Signal Inspection, Labor Compliance 39638 Dynamic Engineering Services, Inc. 3.45% Materials Testing & Inspection 087710 AESCO 5.66% Surveying 38284 CL Surveying & Mapping 5.59% Public Outreach 46434 Connect & Company 4.46% Local Agency to Complete this Section 11. TOTAL CLAIMED DBE PARTICIPATION 19.17% 17. Local Agency Contract Number: RFP 2011-05 18. Federal -Aid Project Number: BRKLS-5433(014) 19. Proposed Contract Execution Date: July 1, 2022 20. Consultant's Ranking after Evaluation: 1 IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. February 2, 2022 Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. Digitally signed by Bryan McKinney DN:cn=Bryan MCKlnney,0,00, ail=b220707083u 29-0'0itaca 0' c=US Date: 2022.0].0] 08:35'.29-0]'00' Bryan McKinney 7/7/22 12. Preparer's Signature 13, Date Philip Yartey 646.264.2524 Public Works Director/City Engineer 14. Preparers Name 15. Phone Senior Vice President 16. Preparers Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of La Quinta 2. Contract DBE Goal: 17% 3. Project Description: Dune Palms Road Bridge (City Project # 2011-05) 4. Project Location: Dune Palms Rd Spanning Coachella Valley Stormwater Channel from Corp Center to Blackhawk 5. Consultant's Name: T.Y. Lin International 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $2,760,328.0 8. Total Dollar Amount for ALL Subconsultants: $ 1,420,478.16 9. Total Number of ALL Subconsultants: 7 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Electrical / Signal Inspection, Labor Compliance 39638 Dynamic Engineering Services, Inc. 11762 De Palma Road Suite 1 C88 Q+ $ 95,463.73 Materials Testing & Inspection 087710 AESCO Technologies Inc. 17782 Georgetown Lane Q ; 156,358.6! a Surveying 38284 CL Surveying & Mapping 8401 White Oak Ave. #113181. > 154,674.5; El Public Outreach 46434 Connect & Company, LLC 690 Carlsbad Village Drive, Suite 204 Q ; 123,414.11 a Local Agency to Complete this Section 14. TOTAL CLAIMED DBE PARTICIPATION $ 5299116 20. Local Agency Contract ��„mhor RFP 2011-05 21. Federal -Aid Project Number: BRKLS-5433(014) 19.20 22. Contract Execution July , 2022 nrA• Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. Digitally signetl by Bryan McKinney DN en=Bryan MCKlnney, n, ou, 7/7/22 mail=bmckinneyelaguintaca.goo, c=US Date: 2022 0].0] 08'.35 04-07'00' IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. ^ • ff 3/8/22 23. Local Agency Representative's Signature 24. Date Bryan McKinney (760)777-7045 15. Preparers Signature 16. Date Philip Yartey 646.264.2524 25. Local Agency Representative's Name 26. Public Works Director/City Engineer Phone 17. Preparers Name 18. Phone Senior Vice President 27. Local Agency Representative's Title 19. Preparers Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with Exhibit E Page 1 of 7 the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. Exhibit E Page 2 of 7 c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep -linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate Exhibit E Page 3 of 7 policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Exhibit E Page 4 of 7 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, Exhibit E Page 5 of 7 the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. Exhibit E Page 6 of 7 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 7 of 7 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any Exhibit F Page 1 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions Exhibit F Page 2 of 3 identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 3 of 3 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT 4GENDA TITLE: APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05, LOCATED ON DUNE PALMS ROAD OVER THE COACHELLA VALLEY STORM WATER CHANNEL RECOMMENDATION A. Appropriate Highway Bridge Program Advanced Construction Funding in the amount of $14,936,122; and B. Approve agreement for contract services with TY Lin International to provide construction management and inspection services, and authorize the City Manager to execute the agreement; and C. Approve plans, specifications, and engineer's estimate, and authorize for bid the Dune Palms Road Bridge Project No. 2011-05. EXECUTIVE SUMMARY • The Dune Palms Road Bridge Project (Project) (Attachment 1) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC). • The Caltrans sponsored Highway Bridge (HBP) Funding Program is oversubscribed for Federal Fiscal Years (FFY) 2020/21 and 2021/22. New programming capacity is currently unavailable for new projects already in construction or ready to advertise. • In June 2021, Council directed staff to move forward with 'at risk' advance funding using the Caltrans Advance Construction Procedure for the construction phase of the Project and Caltrans has approved the City's request. 123 • Following a request for proposals (RFP), staff recommends to executed an Agreement for Contract Services (Agreement) with TY Lin International (TYLI) to provide construction management and inspection services (CMI services) for the Project in the amount of $2,764,651 (Attachment 2). • The Project includes: ✓ Construction of an all-weather bridge with typical section including: > a 6-ft sidewalk on both sides of the bridge ➢ two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes > two (2) 12-ft inside lanes ➢ and a 9'-8" raised median ✓ Channel improvements upstream and downstream from the bridge ✓ Bridge approach roadway improvements ✓ Ancillary improvements related to the bridge FISCAL IMPACT Staff and the Financial Advisory Commission (FAC) recommend using a combination of Measure G Reserves and Unassigned Reserves to fund the $14,936,122 of Local Advance Construction funding. Funding is budgeted in the Construction Engineering Phase of the Project for the $2,764,651 CMI services Agreement with TYLI. The estimated overall cost of the Project is $24,189,652. These costs are separated into the following phases: Phase Estimated Cost New Bridge Federal Funding (Caltrans-HBP) Non -Participating Plus Local Share Engineering/Design $1,750,000 $1,549,275 $200,725 Right of Way $1,570,554 $1,166,825 $403,729 Construction $16,695,276 $11,241,037 $5,454,239 Const. Engineering $2,504,292 $2,217,050 $287,242 Contingency $1,669,530 $1,478,035 $191,495 Total Costs: $24,189,652 $17,652,222 $6,537,430 These costs include both participating (eligible for reimbursement) and non- participating costs. Currently, the following cost shares are anticipated: Caltrans-HBP Funding Share: $17,652,222 City of La Quinta Funding Share: $1,084,100 CVAG Funding Share: $5,395,230 CVWD Funding Share: $58,100 Total Cost: $24,189,652 124 BACKGROUND/ANALYSIS The Project will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the CVSWC. In November 2020, Caltrans advised that the HBP Funding Program had been oversubscribed for FY 2020/21 and 2021/22 and there is no additional programming capacity for projects already in construction or ready to advertise. At the direction of the City Council in June 2021, the City agreed to provide 'at risk' advance funding using the Advance Construction Procedure outlined in Section 3.7 of the Caltrans Local Procedures Manual, and Caltrans approved the City's request. The environmental, engineering/design and right-of-way phases are complete and are fully funded. The construction phase which includes Construction, Construction Engineering, and Contingency is estimated at $20,869,098. The HBP Funding will ultimately contribute 88.53% or up to $14,936,122 toward eligible (Construction Phase) costs. This is the amount the City is required to advance. Staff and the FAC recommend using a combination of Unassigned Reserves and Measure G Reserves for this advance funding due to their current balances. The City anticipates these funds to be reimbursed within two to five fiscal years The City's non -reimbursed share of the construction phase will be $932,987. In November 2021 staff advertised an RFP seeking qualified firms to provide CMI services for the Project. Three proposals were received from Anser Advisory Consultants (Anser), Southstar Engineering and Consulting, and TYLI. The selection committee conducted interviews with Anser and TYLI. TYLI was selected as the most qualified firm to provide the requested services. The fixed fee plus cost contract amount for CMI services is $2,764,651. The financial documents for TYLI and all subconsultants will need to be reviewed and approved by the Independent Office of Audit and Investigations (IOAI) through Caltrans prior to executing the Agreement. The proposed Project improvements will replace the existing low water crossing with a new all-weather bridge consisting of a curb -to -curb roadway width of 72 feet with a 6-ft sidewalk on each side of the bridge. The bridge is anticipated to be 480 feet long and 86 feet wide. The typical section will include a 6-ft sidewalk on both sides of the bridge, two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes, two (2) 12-ft inside lanes, and a 9'-8" raised median. 125 The Project will construct channel improvements immediately upstream and downstream of the proposed bridge consisting of concrete slope protection and cutoff walls to protect the bridge foundations from scour. Construct bridge approach roadway improvements (including drainage) to accommodate the raised profile for the proposed bridge. Other ancillary construction activities associated with the bridge construction will include but is not limited to: • Removal / Demolition of two mobile homes and a single family home; • Two main sewer main relocations to avoid conflict with the northern abutment; • Water main relocation from upstream to downstream of the bridge within the channel area below the slope protection cut off wall; • Spectrum relocations north of the channel into the new parkway; • Minor Frontier reconstruction of an underground conduit system south of the channel; • Electrical (IID) distribution undergrounding for the full length of the project under a relocation agreement; • Interim electrical distribution line shoo fly for the initial bridge construction phase; • Construction of a multi -use trail (CV/Link) underpass of the bridge along with two secondary connecter trails from CV/Link to Dune Palms Road; and • Construction and removal of a bypass road. Contingent upon approval to advertise the project for bid on February 15, 2022, the following is the project schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (543 Working Days) Accept Improvements ALTERNATIVES February 15, 2022 March 1 to April 1, 2022 April 15, 2022 April to May 2022 May 2022 to June 2024 July 2024 Staff does not recommend an alternative. Prepared by: Approved by: Julie Mignogna, Management Analyst Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. Agreement with TY Lin International 126 ATTACHMENT 1 Dune Palms Bridge N.T.S. 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