HomeMy WebLinkAboutContract 1486 c-1486 p
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c O RIG I N A L DESIGN PR
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF CATHEDRAL CITY
AND a
T.Y. LIN INTERNATIONAL, INC. I
TO PROVIDE PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
PROPOSED WHITEWATER CHANNEL REGIONAL BIKE TRAIL, PHASE 2 I
PROJECT
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This Agreement is made and entered into as of the 7 � 6y of
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2011, by and between the City of Cathedral City, a municipal corporation located in th
County of Riverside, State of California, hereinafter referred to as the "City," and T.
LIN International, a corporation, hereinafter referred to as "Design Professional."
RECITALS
A. Design Professional is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
B. Design Professional possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
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terms and conditions described herein.
C. City desires to retain Design Professional to render professional services
as set forth in this Agreement.
AGREEMENT
SERVICES OF CONSULTANT
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1. Scope of Services: Extra Work
A. Design Professional shall furnish the services described in the
Scope of Services, attached hereto as Exhibit "A" and incorporated herein by this
reference. Design Professional shall provide said services at the time, place, and in the
manner specified in the Scope of Services.
B. At any time during the term of this Agreement, City may request
that Design Professional perform Extra Work. As used herein, Extra Work means any
work that is determined by City to be necessary for the proper completion of the l
services, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Design Professional shall not perform, nor be P
compensated for, Extra Work without written authorization from City. Design
Professional shall perform the Extra Work in the manner specified in the Scope of
Services.
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Design Professional Services Agreement
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2. Familiarity with Work
A. Design Professional warrants that it has thoroughly investigated
and considered the scope of services, has carefully considered how the services should
be performed and fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
B. If the services involve work upon any site, Design Professional
warrants that it has, or will, investigate the site and is or will be fully acquainted with the
existing conditions, prior to commencement of services hereunder. Should the Design
Professional discover any latent or unknown conditions that may materially affect the
performance of the services hereunder, it shall immediately inform the City of such fact
and shall not proceed without written instructions from the City except at its own risk.
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3. Standard of Care. Services shall be performed by Design Professional in
accordance with generally accepted professional practices and principles and in a I
manner consistent with the level of care and skill ordinarily exercised under similar
conditions by members of Design Professional's profession currently practicing in
California. By delivery of completed work, Design Professional certifies that the work
conforms to the requirements of this contract and all applicable federal, state and local
laws and the professional standard of care in California. Design Professional shall
perform such services and duties in conformance to and consistent with that degree of
care and skill consistent with the generally accepted professional standards prevailing
at the time the work is performed. In addition, Design Professional represents that its
work product does not infringe on any other copyrighted work. If Design Professional's
work does infringe on any other copyrighted work, this constitutes willful misconduct I
under this Agreement.
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4. Independent Evaluation Design Professional is responsible for making an
independent evaluation and judgment of all conditions affecting performance of the
work, including without limitation site conditions, existing facilities, seismic, geologic,
soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws
and regulations, and all other contingencies or design considerations. Data 4
calculations, opinions, reports, investigations, and other similar information provided by
the City relating to site, local or other conditions is not warranted or guaranteed, either
expressly or impliedly, by the City.
5. Licenses
A. Design Professional represents and warrants to City that it has all
licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is
legally required to practice its profession as well as perform the services as set forth
herein.
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Design Professional Services Agreement
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B. Design Professional represents and warrants to City that it shall, at
its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Design Professional to practice its profession.
C. Design Professional shall maintain a valid City business license.
6. Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made part hereof are set forth in the Special Requirements, attached
hereto as Exhibit "B° and incorporated herein by this reference. In the event of a conflict
between the provisions of the Special Requirements and any other provision of this
Agreement, the Special Requirements shall govern.
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COMPENSATION
7. Contract Sum. Compensation to be paid to Design Professional shall be
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in accordance with the Schedule of Charges set forth in Exhibit "C", which is attached
hereto and incorporated herein by reference. In no event shall Design Professional's
compensation exceed $87,910 without additional written authorization from the City.
8. Payment
A. Design Professional shall submit monthly billings to City describing
the work performed during the preceding month. Design Professional's bills shall
include a brief description of the services performed, the date the services were
performed, the number of hours spent and by whom, and a description of any
reimbursable expenditures.
B. City shall pay Design Professional no later than 30 days after
approval of the monthly invoice by City staff.
C. When payments made by City equal 90% of the maximum fee
provided for in this Agreement, no further payments shall be made until City has
accepted the final work under this Agreement.
PERFORMANCE SCHEDULE'
9. Time of Performance
The services of Design Professional are to commence upon execution of the
Agreement, with work to be completed pursuant to the Performance Schedule, which is
attached hereto as Exhibit "D" and is incorporated herein by this reference.
10. Time of Essence Time is of the essence in the performance of this
Agreement.
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Design Professional Services Agreement �,
COORDINATION OF WORK
11. Independent Design Professional Neither the City nor any of its
employees shall have any control over the manner, mode or means by which Design
Professional, its agents or 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 Design Professional's employees, servants, representatives or
agents, or in fixing their number, compensation or hours of service. It is understood that
Design Professional, in the performance of the work and services agreed to be
performed, shall act as and be an independent consultant and shall not act as an agent
or employee of the City. Design Professional shall obtain no rights to retirement
benefits that accrue to City's employees, and it hereby expressly waives any claim it
may have to any such rights.
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12. Conflicts of Interest
A. Design Professional (including principals, associates and
professional employees) covenants and represents that it does not now have any
investment or interest in real property and shall not acquire any interest, direct or
indirect, in the area covered by this Agreement or any other source of income, interest
in real property or investment which would be affected in any manner or degree by the
performance of Design Professional's services hereunder. Design Professional further
covenants and represents that in the performance of its duties hereunder no person
having any such interest shall perform any services under this Agreement.
B. The City has determined that Design Professional is not a I
designated employee within the meaning of the Political Reform Act.
13. Assignment and Subcontracting The parties recognize that a substantial
inducement to City or entering into this Agreement is h
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experience and competence of Design Professional. Assignments of any or all rights,
duties or obligations of the Design Professional under this Agreement will be permitted
only with the express consent of the City. Design Professional shall not subcontract any
portion of the work to be performed under this Agreement without the written
authorization of the City. If City consents to such subcontract, Design Professional shall
be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and subcontractor nor
shall it create any obligation on the part of the City to pay or to see to the payment of
any monies due to any such subcontractor other than as otherwise required by law.
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RECORDS AND REPORTS
14. Ownership of Documents All plans, studies, documents and other
writings prepared by and for Design Professional, its officers, employees and agents
and subcontractors in the course of implementing this Agreement, except working notes
and internal documents, shall become the property of the City upon payment to Design
Professional for such work, and the City shall have the sole right to use such materials
in its discretion without further compensation to Design Professional or to any other
party. Design Professional shall, at their expense, provide such reports, plans, studies,
documents and other writings to City upon written request.
15. Licensing of Intellectual Propertv
A. This Agreement creates a nonexclusive and perpetual license for
City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and
other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Design Professional under this Agreement ( "Documents and Data ").
B. Design Professional shall require all subcontractors to agree in
writing that City is granted a nonexclusive and perpetual license for any Documents and
Data the subcontractor prepares under this Agreement.
C. Design Professional represents and warrants that it has the legal
right to license any and all Documents and Data it provides to the City under this
Agreement.
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16. Confidentiality All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Design Professional in
connection with the performance of this Agreement shall be held confidential by Design
Professional. Design Professional shall not, without the prior written consent of City,
use such materials for any purposes other than the performance of the services under
this Agreement nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Design
Professional shall not use the City's name or insignia, photographs relating to project for
which Design Professional's services are rendered, or any publicity pertaining to the
Design Professional's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior
written consent of City.
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17. Books and Records.
A. Design Professional shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services, or expenditures and disbursements
charged to City for a minimum period of three (3) years, or for any longer period
required by law, from the date of final payment to Design Professional to this
Agreement.
B. Design Professional shall maintain all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3)
years, or for any longer period required by law, from the date of termination or
completion of this Agreement.
C. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during
regular business hours, upon written request by the City Manager, City Attorney, City
Auditor or a designated representative of these officers. Copies of such documents
shall be provided to the City for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be available
at Design Professional's address indicated for receipt of notices in this Agreement.
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D. Where City has reason to believe that such records or documents
may be lost or discarded due to dissolution, disbandment or termination of Design
Professional's business, City may, by written request by any of the above -named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in City Hall. Access to such records and documents shall be
granted to any party authorized by Design Professional, Design Professional's
representatives, or Design Professional's successor -in- interest.
INSURANCES
18. Insurance Requirements
A. Policies. Design Professional, at its own cost and expense, shall
procure and maintain, for the duration of the contract, the following insurance policies.
1. Workers Compensation Coverage Design Professional
shall maintain Workers Compensation Insurance and Employer's Liability Insurance for
his/her employees in accordance with the laws of the State of California. In addition,
Design Professional shall require each subcontractor to similarly maintain Workers
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California for all of the subcontractor's employees. Any notice of
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cancellation or non - renewal of all Workers Compensation policies must be received by
the City at least thirty (30) days prior to such change. The insurer shall agree to waive
all rights of subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Design Professional for City. This provision shall
not apply if Design Professional has no employees performing work under this
Agreement. If the Design Professional has no employees for the purposes of this
Agreement, Design Professional shall sign the Certificate of Exemption from Workers
Compensation Insurance attached hereto as Exhibit "E ", and incorporated herein by
reference.
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2. General Liability Coverage Design Professional shall
maintain commercial general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the
work to be performed under this Agreement or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage Design Professional shall
maintain automobile liability insurance covering bodily injury and property damage for all
activities of the Design Professional arising out of or in connection with the work to be
performed under this Agreement, including coverage for owned, hired and non -owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined single
limit for each occurrence.
4. Professional Liability Coverage Design Professional shall
maintain professional errors and omissions liability insurance for protection against
claims alleging negligent acts, errors or omissions which may arise from Design
Professional's operations under this Agreement, whether such operations by the Design
Professional or by its employees, subcontractors, or sub consultants. The amount of l
this insurance shall not be less than one million dollars ($1,000,000) per occurrence.
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B. Endorsements Each general liability and automobile liability
insurance policy shall be with insurers possessing a Best's rating of no less than A:VII
and shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as additional insured's with
respect to liability arising out of work performed by or on behalf of the Design
Professional, including materials, parts or equipment furnished in connection with such
work or operations.
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2. This policy shall be considered primary insurance as
respects the City, its elected or appointed officers, officials, employees, agents and
volunteers. Any insurance maintained by the City, including any self- insured retention
the City may have shall be considered excess insurance only and shall not contribute
with it.
3. This insurance shall act for each insured and additional
insured as though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the City,
its elected or appointed officers, officials, employees or agents.
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5. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its elected or appointed officers, officials, I
employees, agents or volunteers.
6. The insurance provided by this policy shall not be I
suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30)
days written notice has been received by the City. j
C. Deductibles and Self- Insured Retentions Any deductibles or self -
insured retentions must be declared to and approved by the City. At the City's option,
Design Professional shall demonstrate financial capability for payment of such
deductibles or self- insured retentions.
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D. Certificates of Insurance Design Professional shall provide
certificates of insurance with original endorsements to City as evidence of the insurance
coverage required herein. Certificates of such insurance shall be filed with the City on
or before commencement of performance of this Agreement. Current certification of
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insurance shall be kept on file with the City at all times during the term of this
Agreement.
19. Indernrifty. To the fullest extent permitted by law, the Design Professional
shall indemnify, defend (with independent counsel approved by the City) and hold
harmless the City, and its directors, officers, and employees from and against all
liabilities (including without limitation all claims, losses, damages, penalties, fines and
judgments, associated investigation and administrative expenses, and defense costs,
including but not limited to reasonable attorneys' fees, court costs and costs of
alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or
relate to the negligence, reckless, or willful misconduct of the Design Professional or the
acts or omissions of an employee, agent or subcontractor of the Design Professional.
The provisions of this paragraph survive completion of the services or the termination of
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this contract. The provisions of this section are not limited by the provisions of section
18, "Insurance Requirements," relating to insurance.
ENFORCEMENT OF AGREEMENT
20. Entire Agreement This Agreement constitutes the complete and
exclusive statement of Agreement between the City and Design Professional. All prior
written and oral communications, including correspondence, drafts, memoranda, and
representations, are superseded in total by this Agreement. j
21. Waiver Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver of a subsequent breach of the same or any other
provisions under this Agreement. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of
payment.
22. Rights and Remedies 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.
23. Controlling Law Venue The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be held exclusively in a state court in the County of Riverside.
24. Litigation Expenses and Attorneys Fees If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the
prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys fees.
25. Execution This Agreement may be executed in several counterparts,
each of which shall constitute one and the same instrument and shall become binding
upon the parties when at least one copy hereof shall have been signed by both parties
hereto. In approving this Agreement, it shall not be necessary to produce or account for
more than one such counterpart.
26. Authority to Enter Agreement Design Professional has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and to bind each
respective party.
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27. Termination City may terminate this Agreement immediately for cause.
City may terminate this Agreement without cause upon fifteen days written notice of
termination. Upon termination, Design Professional shall be entitled to compensation
for services performed up to the effective date of termination.
MISCELLANEOUS
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28. Notices Any notice required to be given under this Agreement shall be in
writing and either served personally or sent prepaid, first class mail. Any such notice
shall be addressed to the other party at the address set forth below. Notice shall be
deemed communicated within 48 hours from the time of mailing if mailed as provided in
this section.
If to City: Donald E. Bradley
City Manager
City of Cathedral City
68 -700 Avenida Lalo Guerrero
Cathedral City, CA 92234
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If to Consultant: Clark Femon, P.E.,
T.Y. LIN International
404 Camino del Rio South, Suite 700
San Diego, California 92108
29. Amendments This Agreement may be modified or amended only by a
written document executed by both Design Professional and City and approved as to
form by the City Attorney.
30. Severabilitv If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
31. 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.
CITY OFFICERS AND EMPLOYEES
32. Non - liability of City Officers and Employees No officer or employee of the
City shall be personally liable to the Design Professional, or any successor in interest, in
the event of any default or breach by the City or for any amount, which may become
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due to the Design Professional or to its successor, or for breach of any obligation of the
terms of this Agreement.
33. Prohibited Interests Design Professional maintains and warrants that it
has not employed nor retained any company or person, other than a bona fide
employee working solely for Design Professional, to solicit or secure this Agreement.
Further, Design Professional warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Design
Professional, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
34. Ecgual Opportunity Employment Design professional represents that it is
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an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of sex, marital status, race, color,
religion, ancestry, natural origin, physical handicap, sexual orientation or domestic
partnership status. Such nondiscrimination shall include, but not be limited to, all
activities related to initial employment upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
CITY OF CATHEDRAL CITY T.Y. LIN INTERNATIONAL
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By: ( /
By: �
Donald E. Bradley, Clark Fernon, P.E.,
City Manager Principal -in- Charge
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ATTEST: APPROVED AS TO FORM:
By: B
Pat Hammers, MM 4iC erk Charles R. Green, City Attorney
APPROVED AS TO CONTENT:
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William O. B ne, P.E., City Engineer
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EXHIBIT A
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SCOPE OF SERVICES
The Scope of Services is summarized below and more particularly described in the T. Y. Lin
proposal, dated November 9, 2010. The proposal is attached and made a part of this agreement.
Proiect Understanding
The City of Cathedral City is seeking to complete a six -mile Class I Bikeway that connects the
City's east and west boundaries. This scope is for Phase 2 of the project which will add a mile of
bike path to the City's existing two -mile section of the Class I Regional Bikeway. The proposed
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section of the bike path will be along the east side of the Whitewater Channel from Ramon Road
to 30th Avenue. Phase 2 will connect to a 0.5 mile striped Class 2 bike lane to be marked along
30th Avenue from the Whitewater Channel to Landau Boulevard.
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The goal of this project is to help complete the City's section of the Coachella Valley Regional
Bikeway and create a safe and convenient route for commuter bicyclists traveling to and from
work and school. This section of bike path will create a shortcut for cyclists and reduce the need
to bike along the heavily - traveled Vista Chino and Landau Boulevard.
T.Y.LIN, design consultant to Cathedral City, shall prepare the Class I Bikeway plans,
specifications, and cost estimates for Phase 2 of the Whitewater Channel Bike Trail. The plans
will identify the horizontal and vertical alignment, right -of -way and easement requirements,
signing, striping, permits, pavement structural design, grading, bikeway approaches, pavement
surfacing, drainage, and other appurtenant items as necessary.'
Proiect Approach
The Phase 2 project will join the proposed Phase 1 bike path near the Whitewater Channel along
Cimarron Golf Course, a Class II bike path along the north and south sides of 30th Avenue from
the Whitewater Channel to Landau Boulevard and provide an interim connection at Ramon
Road. 1
The Project will involve several key issues. The key issues will include connectivity, safety, golf
course coordination, pavement stability, community outreach, coordination with the Coachella`
Valley Water District and coordinating the connection at Ramon Road to anticipate the future
widening of the Ramon Road Bridge. Land use elements shall also be considered including the
Cimarron Golf Resort, the Whitewater River Channel, The Cimarron Cove residential
development and the concerns of the Dream Homes Community.
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es an Issues
There are several challenging technical considerations required for this design. Some of these
include:
Bicyclist Safety, Flooding, Coordination, Drainage, Pavement Stability, Striping, Signage,
Standards, Clearance, and Connectivity.
Task and Deliverable Details
1.0 Project Management
_ 1.1 Project kick -off meeting.
1.2 Site visit.
1.3 Data collection.
1.4 Progress schedule.
1.5 Public workshops.
1.6 PDT meetings.
1.7 Focus meetings.
1.8 Implement a QA/QC plan.
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Deliverables: Project schedule (CPM), Monthly progress reports, Meeting agenda and
minutes and Monthly invoices.
2.0 Preliminary Engineering
2.1 Layout preliminary alignment and identify land ownerships and easements.
2.2 Prepare exhibits for the 30 avenue connection and for connection at Ramon
Road.
Deliverables: Exhibits of the proposed alignments and end connection alternatives.
3.0 50% Plans, Specifications and Estimates
3.1 50% Level of completion plans.
3.2 Preliminary estimate of probable cost.
Deliverables: 50% Plans and estimates.
4.0 90% Plans, Specifications and Estimates
4.1 90% Level of completion plans.
4.2 Specifications.
4.3 Engineer's opinion of probable cost.
Deliverables: 90% Plans, specifications and estimates.
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5.0 Final Plans, Specifications and Estimates
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5.1 Mylar final plans.
5.2 Final specifications.
5.3 Final engineer's opinion of probable cost.
Deliverables: Final approved plans, specifications and estimates.
6.0 Construction Phase and As -Built Preparation
6.1 Provide bid phase support.
6.2 Provide technical oversight during construction.
6.3 Prepare as-built plans from red lines furnished by others. 1
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EXHIBIT B
SPECIAL REQUIREMENTS
Not applicable
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EXHIBIT C
SCHEDULE OF CHARGES
The Schedule of Charges is summarized below and more particularly described in the T. Y. Lin
proposal, dated November 9,- 2010. The proposal is attached and made a part of this agreement.
Adjustments in the initial proposed fee amount have been made. The design consultant shall
reconfirm the costs and distribution of hours after the kick -off meeting.
PERSONNEL FUNCTION HOURS BILLING RATE AMOUNT
PIC 8 $ 250.00 $ 2,000.00
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Project Manager 60 $ 210.00 $ 12,600.00
Senior Transportation Engineer 147 $ 160.00 $ 23,520.00
Assistant Transportation Engineer 180 $ 120.00 $ 21,600.00
CADD Technician 169 $ 110.00
$ 18,590.00
Clerical 16 $ 75.00 $ 1,200.00
OTHER DIRECT COSTS UNIT QUANTITY UNIT COST AMOUNT
Reproduction EA 1 1800 $ 2,000.00
Copying EA 1 60 $ 100.00
Transportation/Travel EA 1 750 $ 800.00
Special Deliveries EA 1 100 $ 100.00
SENIOR ASST
Task
PROJECT TRANS TRANS CADD TOTAL
NM Task PIC MANAGER ENGINEER ENGINEER TECH CLERICAL HOURS
1 Project Management 6 36 27 12 16 97
2 Preliminary Engineering 6 24 26 29 85
3 50'1x. Plans and Estimates 4 40 60 64 168
4 90% PS &E 4 32 50 1 60 146
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5 Final PS &E 1 4 6 16 8 35
6 Construction Phase 1 6 18 16 8 49
TOTALS &0 60.0 147.0 180.0 169.0 16.0 580.0
TOTAL DIRECT LABOR $79,510
TOTAL OTHER DIRECT COSTS $3,000
TOTAL OUTSIDE SERVICES $5,400
TOTALNOT TO EXCEED CONTRACT SERVICES $87,910
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EXHIBIT D
PERFORMANCE SCHEDULE
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Notice to proceed 1/31/1
Kick -off Meeting 2/3/11
Initial Action Items 3 wks 2/7/11 -2/25/11
Preliminary Engineering 5 wks 2/28/11 - 4/1/11
Public Workshop No. 1 3/29/11
50% PS &E 8 wks 4/4/11 - 5/27/11
90% PS &E 7 wks 5/31/11 - 7/15/11
Public Workshop #2 7/14/11
Final PS &E 4 wks 7/18/11 - 8/12/11
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Out to Bid 8118/11 - 9/22/11
Contractor Selection /Contracts 4 wks 9/22/11 - 10/26/11
Pre - Construction Meeting 11/15/11
Construction Phase 4 mons 11/28/11 - 2/28/12
As -built Preparation 1 wks 3/15/12 — 3/30/12
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EXHIBIT E t
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject
to the Workers Compensation Laws of the Sate of California.
Executed on this day of , 2011 at
California.
Design Professional
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