HomeMy WebLinkAboutContract 1674 AGREEMENT FOR
PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
FALCON ENGINEERING SERVICES INC.
This Agreement for Professional Construction Management Services
("Agreement") is entered into as of January 11, 2017 ("Effective Date") by and
between the City of Cathedral City, a municipal corporation ("City") and Falcon
Engineering Services Inc., a Corporation ("Consultant"). City and Consultant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively
referred to as the "Parties."
RECITALS
A. City has sought, by Request for Proposals, the performance of
Construction Management services for the Date Palm Bridge Widening [Project], City
Project Number 8914, defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected
by the City to perform those services.
C. Consultant was selected by the City on the basis of Consultant's
demonstrated competence and the professional qualifications necessary for the
satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City's Municipal Code, City has authority
to enter into this Consultant Services Agreement and the City Manager has authority to
execute this Agreement.
E. The Parties desire to formalize the selection of Consultant for performance
of those services defined and described particularly in Section 2 of this Agreement and
desire that the terms of that performance be as particularly defined and described
herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
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SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 28 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for 3 years commencing on the Effective
Date, unless extended by contract amendment.
(b) Consultant is advised that any recommendation for award is not binding
on City until the Agreement is fully executed and approved by City.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Consultant agrees to perform the services set forth in
Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this
Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement. The
City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its
performance of this Agreement that are in addition to or outside of the Services unless
such additional services are authorized in advance and in writing in accordance with
Section 35 "Administration and Implementation" or Section 37 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. SAFETY.
(a) Consultant shall comply with OSHA regulations applicable to Consultant
regarding necessary safety equipment or procedures. Consultant shall comply with
safety instructions issued by City Safety Officer and other City representatives.
Consultant personnel shall wear hard hats and safety vests at all times while working on
the construction project site.
(b) Pursuant to the authority contained in Section 591 of the Vehicle Code,
City has determined that such areas are within the limits of the project and are open to
public traffic. Consultant shall comply with all of the requirements set forth in Divisions
11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably
necessary precautions for safe operation of its vehicles and the protection of the
traveling public from injury and damage from such vehicles.
(c) Any subcontract entered into as a result of this Agreement, shall contain
all of the provisions of this Section.
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(d) Consultant must have a Division of Occupational Safety and Health (CAL-
OSHA) permit(s), as outlined in California Labor Code Sections 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 feet or deeper.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) The method of payment for the Agreement will be based on actual cost
plus a fixed fee. Subject to any limitations set forth in this Agreement, City agrees to
reimburse Consultant for actual costs (including labor costs, employee benefits, travel,
equipment rental costs, overhead, and other direct costs) incurred by Consultant in the
performance of the work. Consultant will not be reimbursed for actual costs that exceed
the estimated wage rates, employee benefits, travel, equipment rental, overhead, and
other estimated costs specified in the approved Consultant's Cost Proposal, set forth in
Exhibit "B" "Compensation" and made a part of this Agreement by this reference, unless
additional reimbursement is approved in writing in accordance with Section 35
"Administration and Implementation" or Section 37 "Amendment" of this Agreement. In
no event will Consultant be reimbursed for overhead costs at a rate that exceeds City's
approved overhead rate set forth in the Cost Proposal. In the event that City
determines that a change to the work from that specified in the Cost Proposal and
contract is required, the Term of Agreement or actual costs reimbursable by City shall
be adjusted in accordance with Section 37 "Amendment" to accommodate the changed
work. The maximum total cost as specified in Paragraph "H" shall not be exceed,
unless authorized by amendment.
(b) In addition to the allowable incurred costs, City will pay Consultant a fixed
fee amount of One Hundred Nine Thousand, Seven Hundred Fifty-Three dollars
($109,753). The fixed fee is nonadjustable for the Term of Performance, except in the
event of a significant change in the scope of work and such adjustment is made in
accordance with Section 37 "Amendment" of this Agreement.
(c) Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal.
(d) When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost
estimate in accordance with Section 35 "Administration and Implementation" of this
Agreement before exceed such cost estimate.
(e) Progress payments will be made monthly in arrears based on services
provided and allowable incurred costs. A pro rata portion of Consultant's fixed fee will
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according the schedule set forth in Section 2 of this Agreement, City
shall have the right to delay payment or terminate this Agreement in accordance with
Section 28 "Termination of Agreement" of this Agreement.
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(f) No payment will be made prior to approval of any work, nor for any work
performed prior to approval of this Agreement.
(g) Consultant will be reimbursed, as promptly as fiscal procedures will permit
upon receipt of itemized invoices in triplicate in accordance with Section 35
"Administration and Implementation" of this Agreement. Invoices shall be submitted no
later than forty-five (45) calendar days after the performance of work for which
Consultant is billing. Invoices shall detail the work performed on each milestone and
each project as applicable. Invoices shall follow the format stipulated for the approved
Cost Proposal and shall reference the City project number and title. Final invoice must
contain the final cost and all credits due City including any equipment purchased under
the provisions of Section 12 "Equipment Purchase" of this Agreement. The final invoice
should be submitted within sixty (60) calendar days after completion of Consultant's
work. Invoices shall be mailed to City as detailed in Section 33 "Notices" of this
Agreement.
(h) The total amount payable by City, including the fixed fee, shall not exceed
One Million, Six Hundred Seventy-Two Thousand, Six Hundred Twenty-Six dollars
($1,672,626), unless additional compensation is approved in writing in accordance with
Section 35 "Administration and Implementation" or Section 37 "Amendment" of this
Agreement.
(i) Salary increases will be reimbursable if the new salary is within the salary
range identified in the approved Cost Proposal and is approved by City in accordance
with Section 35 "Administration and Implementation" of this Agreement. 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.
SECTION 6. COST PRINICPLES AND ADMINISTRATIVE REQUIREMENTS.
(a) Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
(b) Consultant also agrees to comply with federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
(c) Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to City.
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SECTION 7. AUDIT REVIEW PROCEDURES.
(a) Any dispute concerning a question of fact arising under an interim or post
audit of this contract that is not disposed of by Agreement, shall be reviewed by City's
Chief Financial Officer.
(b) Not later than thirty (30) days after issuance of the final audit report,
Consultant, may request a review by City's Chief Financial Officer of unresolved audit
issues. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from full and timely performance, in accordance with the terms of this
Agreement.
(d) Consultant and subconsultant Agreements, including cost proposals and
ICR, are subject to audits or reviews such as, but not limited to, a contact audit, and
incurred cost audit, and 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
Consultants responsibility to ensure federal, state, or local government officials are
allowed fully access to the CPA's work papers including making copies as necessary.
The contract, Cost Proposal, and ICR shall be adjusted by Consultant and approved by
City to conform to the audit or review recommendations. Consultant agrees that
individual terms of costs identified in the audit report shall be incorporated into the
Agreement by this reference if directed by City at its sole discretion. Refusal by
Consultant to incorporate audit or review recommendations, or to ensure that the
federal, state, or local governments have access to CPA work papers, will be
considered a breach of Agreement terms and cause for termination of the Agreement
pursuant to Section 28 "Termination of Agreement" and disallowance of prior
reimbursed costs.
SECTION 8. DISPUTES.
(a) 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 Manager and City Engineer, who may consider written or verbal
information submitted by Consultant.
(b) Not later than 30 days after completion of all work under the Agreement,
Consultant may request review by City Governing Board of unresolved claims or
disputes, other than audit. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
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SECTION 9. SUBCONTRACTING.
(a) Nothing contained in this Agreement or otherwise, shall create any
contractual relation between City and any subconsultant(s), and no subcontract shall
relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees
to be as fully responsible to City for the acts and omissions of its subconsultant(s) 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 Consultant. Consultant's obligation to pay
its subconsultant(s) is an independent obligation from City's obligation to make
payments to Consultant.
(b) Consultant shall perform the work contemplated with resources available
within its own organization and no portion of the work pertinent to this Agreement shall
be subcontracted without written authorization in accordance with Section 35
"Administration and Implementation" of this Agreement, except that, which is expressly
identified in the approved Cost Proposal.
(c) Consultant shall pay its subconsultants within ten (10) calendar days from
receipt of such payment made to Consultant by City.
(d) All subcontracts entered into as a result of this contract shall contain all the
provisions stipulated in this contract to be applicalbe to subconsultants.
(e) Any substitution of subconsultant(s) must be approved in writing by City in
accordance with Section 35 "Administration and Implementation" of this Agreement prior
to the state of work by the subconsultant(s).
SECTION 10. RETENTION OF FUNDS.
(a) Any subcontract entered into as a result of this Agreement shall contain all
of the provisions of this section.
(b) No retainage will be withheld by the City from progress payments due the
Consultant. Retainage by Consultant or subconsultants is prohibited, and no retainage
will be held by Consultant from progress due subconsultants. Any violation of this
provision shall subject the violating Consultant or subconsultants to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business
and Professions Code. This requirement shall not be construed to limit or impair any
contractual, administrative, or judicial remedies, otherwise available to the Consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the
Consultant or deficient subconsultant performance, or noncompliance by a
subconsultant. This provision applies to both DBE and non-DBE prime consultants and
subconsultants.
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SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES (DBE).
(a) This Agreement is subject to 49 CFR, Part 26 entitled "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs". Consultants who obtain DBE participation on this Agreement
will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
(b) The goal for DBE participation for this Agreement is 4.6%. Participation by
DBE consultant or subconsultants shall be in accordance with information contained in
the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant
Contract DBE Information (Exhibit 10-02) attached hereto under Exhibit B
"Consideration" and incorporated as part of the Agreement. If a DBE subconsultant is
unable to perform, Consultant must make a good faith effort to replace him/her with
another DBE subconsultant, if the goal is not otherwise met.
(c) DBEs and other small businesses, as defined in 49 CFR, Part 26 are
encouraged to participate in the performance of contracts financed in whole or in part
with federal funds. Consultant or subconsultant shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. Consultant
shall carry out applicable requirements of 49 CFR, Part 26 in the award and
administration of US DOT-assisted agreements. Failure by Consultant to carry out
these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement pursuant to Section 28 "Termination of Agreement" or
such other remedy as City deems appropriate.
(d) Any subcontract entered into as a result of this Agreement shall contain all
of the provisions of this section.
(e) A DBE firm may be terminated only with prior written approval from City
and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent
for the termination, Consultant must meet the procedural requirements specified in 49
CFR 26.53(f).
(f) 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 contract, 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.
(g) A DBE does not perform a CUF if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are passed in order
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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.
(h) 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 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.
(i) Consultant 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 prime consultants shall also show the date of
work performed by their own forces along with the corresponding dollar value of the
work.
(j) Upon completion of the Agreement, a summary of these records shall be
prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged
Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the
LAPM], certified correct by Consultant or Consultant's authorized representative and
shall be furnished to the City with the final invoice. Failure to provide the summary of
DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar
value of the invoice being withheld from payment until the form is submitted. The
amount will be returned to Consultant when a satisfactory "Final Report-Utilization of
Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to
the City.
(k) If a DBE subconsultant is decertified during the life of the Agreement, the
decertified subconsultant shall notify Consultant in writing with the date of
decertification. If a subconsultant becomes a certified DBE during the life of the
Agreement, the subconsultant shall notify Consultant in writing with the date of
certification. Any changes should be reported to City within 30 days.
SECTION 12. EQUIPMENT PURCHASE.
(a) Prior authorization in writing, by City in accordance with Section 35
"Administration and Implementation" of this Agreement shall be required before
Consultant enters into any unbudgeted purchase order, or subcontract exceeding
$5,000 for supplies, equipment, or services. Consultant shall provide an evaluation of
the necessity or desirability of incurring such costs.
(b) For purchase of any item, service or consulting work not covered in the
approved Cost Proposal and exceeding $5,000 prior authorization by City in accordance
with Section 35 "Administration and Implementation" of this Agreement; three
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competitive quotations must be submitted with the request, or the absence of bidding
must be adequately justified.
(c) Any equipment purchased as a result of this Agreement is subject to the
following: "Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of$5,000 or more. If the purchased equipment needs replacement and
is sold or traded in, City shall receive a proper refund or credit at the conclusion of the
Agreement, or if the Agreement is terminated pursuant to Section 28 "Termination of
Agreement" of this Agreement, Consultant may either keep the equipment and credit
City in an amount equal to its fair market value, or sell such equipment at the best price
obtainable at a public or private sale, in accordance with established City procedures;
and credit City in an amount equal to the sales price. If Consultant elects to keep the
equipment, fair market value shall be determined at Consultant's expense, on the basis
of a competent independent appraisal of such equipment. Appraisals shall be obtained
from an appraiser mutually agreeable to by City and Consultant, if it is determined to
sell the equipment, the terms and conditions of such sale must be approved in advance
by City." 49 CFR, Part 18 requires a credit to Federal funds when participating
equipment with a fair market value greater than $5,000 is credited to the project.
SECTION 13. INSPECTION AND FINAL ACCEPTANCE.
Consultant 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 Term of Agreement including
review and inspection on a daily basis. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely
written explanation, otherwise Consultant's work shall be deemed to have been
accepted. City's acceptance shall be conclusive as to such work except with respect to
latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of
Consultant's work by City shall not constitute a waiver of any of the provisions of this
Agreement including, but not limited to, Section 24 "Indemnification" and Section 25
"Insurance."
SECTION 14. OWNERSHIP OF DOCUMENTS.
(a) All original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents prepared,
developed or discovered by Consultant in the course of providing the Services pursuant
to this Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Consultant. Upon
completion, expiration or termination of this Agreement, Consultant shall turn over to
City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents.
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(b) If and to the extent that City utilizes for any purpose not related to this
Agreement any maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files or other documents prepared, developed or
discovered by Consultant in the course of providing the Services pursuant to this
Agreement, Consultant's guarantees and warranties in Section 17 "Standard of
Performance; Familiarity With Work" of this Agreement shall not extend to such use of
the maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents.
SECTION 15. CONSULTANT'S BOOKS AND RECORDS.
(a) For the purpose of determining compliance with Public Contract
Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et seq., when applicable and other matters connected with the
performance of the Agreement pursuant to Government Code 8543.7, Consultant shall
maintain any and all documents and records demonstrating or relating to Consultant's
performance of the Services. Consultant shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, or other documents or records
evidencing or relating to work, services, expenditures and disbursements charged to
City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be
sufficiently complete and detailed so as to permit an accurate evaluation of the services
provided by Consultant pursuant to this Agreement. Any and all such documents or
records shall be maintained for three (3) years from the date of final payment under this
Agreement and to the extent required by laws relating to audits of public agencies and
their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Consultant's
address indicated for receipt of notices in this Agreement. The state, State Auditor,
City, FHWA, or any duly authorized representative of the Federal Government shall
have access to any books, records, and documents of Consultant and its certified public
accountants (CPA) work papers that are pertinent to the Agreement and indirect cost
rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Consultant's business, City may, by written request, require
that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors-in-interest
and authorized representatives.
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SECTION 16. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor
and not an officer, employee or agent of City. Consultant shall have no authority to bind
City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of
or against City, whether by contract or otherwise, unless such authority is expressly
conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or
agents of City, shall have control over the conduct of Consultant or any of Consultant's
officers, employees, or agents except as set forth in this Agreement. Consultant shall
not at any time or in any manner represent that Consultant or any of Consultant's
officers, employees, or agents are in any manner officials, officers, employees or agents
of City.
(c) Neither Consultant, nor any of Consultant's officers, employees or agents,
shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim
Consultant may have to any such rights.
SECTION 17. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
(a) Consultant represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Consultant shall at all
times faithfully, competently and to the best of its ability, experience and talent, perform
all Services. In meeting its obligations under this Agreement, Consultant shall employ,
at a minimum, generally accepted standards and practices utilized by persons engaged
in providing services similar to the Services required of Consultant under this
Agreement, and shall use such skill, prudence, and diligence as other members of
Consultant's profession commonly possess and exercise. In addition to the general
standards of performance set forth this section, additional specific standards of
performance and performance criteria may be set forth in Exhibit "A" "Scope of Work"
that shall also be applicable to Consultants work under this Agreement. Where there is
a conflict between a general and a specific standard of performance or performance
criteria, the specific standard or criteria shall prevail over the general.
(b) Consultant warrants that (1) it has thoroughly investigated and considered
the work to be performed, (2) it has investigated the issues, regarding the scope of
services to be provided, (3) it has carefully considered how the work should be
performed, and (4) it fully understands the facilities, difficulties and restrictions attending
performance of the work under this Agreement.
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SECTION 18. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in effect during
the term of this Agreement. Consultant shall obtain any and all licenses, permits and
authorizations necessary to perform the Services set forth in this Agreement. Neither
City, nor any elected or appointed boards, officers, officials, employees or agents of
City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply
with this section.
SECTION 19. STATE PREVAILING WAGE RATES.
(a) Consultant shall comply with the State of California's General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the work.
(b) Any subcontract entered into as a result of this Agreement, if for more
than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Section.
(c) When prevailing wages apply to the services described in Section 2 of this
Agreement, transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov.
SECTION 20. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of
this Agreement.
SECTION 21. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm,
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 Consultant's
performance of the Services. Consultant 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 City
Manager. Consultant 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.
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(b) City may determine that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests. If such a determination is made, Consultant shall file the subject
Form 700 with the City Clerk's Office pursuant to the written instructions provided by the
Office of the City Clerk within ten (10) days of the request.
(c) City understands and acknowledges that Consultant is, as of the date of
execution of this Agreement, independently involved in the performance of non-related
services for other governmental agencies and private parties. Consultant is unaware of
any stated position of City relative to such projects. Any future position of City on such
projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Consultant will, perform non-
related services for other governmental agencies and private parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
(e) Consultant 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. Consultant 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.
(f) Consultant hereby certifies that neither Consultant, its employees, nor any
firm affiliated with Consultant providing services on this project prepared the Plans,
Specifications, and Estimate for any construction project included within this Agreement.
An affiliated firm is one, which is subject to the control of the same persons through
joint- ownership, or otherwise.
(g) Consultant further certifies that neither Consultant, nor any firm affiliated
with Consultant, will bid on any construction subcontracts included within the
construction contract. Additionally, Consultant certifies that no person working under
this Agreement is also employed by the construction contractor for any project included
within this Agreement.
(h) Except for subconsultants whose services are limited to materials testing, no
subconsultant who is providing service on this Agreement shall have provided
services on the design of any project included within this Agreement.
SECTION 22. REBATES, KICKBACKS, OR OTHER UNLAWFUL
CONSIDERATION.
Consultant 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
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discretion; to terminate the Agreement without liability; to pay only for the value of the
work actually performed; or to deduct from the contract price; or otherwise recover the
full amount of such rebate, kickback or other unlawful consideration.
SECTION 23. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All financial, statistical, personal, technical, or other data and information
gained or work product produced by Consultant in performance of this Agreement shall
be considered confidential, unless such information is in the public domain or already
known to Consultant. Consultant shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization
from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the City Manager or unless requested by the City
Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Consultant gives City notice of such court order or
subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement,
then City shall have the right to reimbursement and indemnity from Consultant for any
damages, costs and fees, including attorney's fees, caused by or incurred as a result of
Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
(e) Permission to disclose information on one occasion, or public hearing held
by City relating to the Agreement, shall not authorize Consultant to further disclose such
information, or disseminate the same on any other occasion.
(f) Consultant 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,
Consultant's own personnel involved in the performance of this Agreement, at public
hearings or in response to questions from a Legislative committee.
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(g) Consultant 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.
(h) Any subcontract entered into as a result of this Agreement shall contain all
of the provisions of this Section.
SECTION 24. INDEMNIFICATION.
(a) Indemnification by Consultant. As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and
all of its officials, employees and agents ("Indemnified Parties") from and against any
and all claims. actions and proceedings (whether at law or equity, administrative or
judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses,
including attorney's fees and costs, (collectively "Claims") to the extent same arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, its officers, agents, employees or sub-consultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement, with the understanding that in the event Claims are
found by the trier of fact to have been caused by the joint or concurrent negligence of
the City and its contractors and Consultants, and Consultant, damages and expenses
from both indemnity and duty to defend obligations shall be borne by each party in
proportion to its negligence.
(b) Indemnification from Subcontractors. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this
section from each and every sub-consultant, subcontractor or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this Agreement
naming the Indemnified Parties as additional indemnitees. In the event Consultant fails
to obtain such indemnity obligations from others as required here, Consultant agrees to
be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 25. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term
of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a
part of this Agreement. All insurance policies shall be subject to approval by City as to
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form and content. These requirements are subject to amendment or waiver if so
approved in writing by the City Manager. Consultant agrees to provide City with copies
of required policies upon request.
SECTION 26. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and
entities who will fulfill the duties and obligations imposed upon Consultant under this
Agreement. In recognition of that interest, Consultant shall not assign or transfer this
Agreement or any portion of this Agreement or the performance of any of Consultant's
duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a
material breach of this Agreement entitling City to any and all remedies at law or in
equity, including termination of this Agreement pursuant to Section 28 "Termination of
Agreement." City acknowledges, however, that Consultant, in the performance of its
duties pursuant to this Agreement, may utilize subcontractors.
SECTION 27. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's staff and subcontractors, if any, assigned to perform the
Services. Consultant shall notify City of any changes in Consultant's staff and
subcontractors, if any, assigned to perform the Services prior to and during any such
performance. There shall be no change in Consultant's Project Management or
members of the project team, as listed in the approved Cost Proposal without prior
written approval by City pursuant to Section 35 "Administration and Implementation" of
this Agreement.
SECTION 28. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Consultant. In the event such
notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty
(30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may
terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all
property belonging exclusively to City which is in Consultant's possession shall be
returned to City. Consultant shall furnish to City a final invoice for work performed and
expenses incurred by Consultant, prepared as set forth in Section 5 "Compensation and
Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in
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the same manner as set forth in Section 5 "Compensation and Method of Payment" of
this Agreement.
(e) City may terminate this Agreement with Consultant should Consultant fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, City may proceed with the work in any
manner deemed proper by City. If City terminates this Agreement with Consultant, City
shall pay Consultant the sum do to Consultant under this Agreement prior to
termination, unless the cost of completion to City exceeds the funds remaining in the
Agreement. In which case, the overage shall be deducted from any sum to Consultant
under this Agreement, and the balance, if any shall be paid to Consultant upon demand.
(f) In no event shall the maximum amount for which the City be liable if this
Agreement is terminated exceed the total amount payable under Section 5
"Compensation and Method of Payment" of this Agreement.
SECTION 29. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the
City shall not have any obligation or duty to continue compensating Consultant for any
work performed after the date of default. Instead, the City may give notice to Consultant
of the default and the reasons for the default. The notice shall include the timeframe in
which Consultant may cure the default. This timeframe is presumptively thirty (30)
days, but may be extended, though not reduced, if circumstances warrant. During the
period of time that Consultant is in default, the City shall hold all invoices and shall,
when the default is cured, proceed with payment on the invoices. In the alternative, the
City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under Section 28 "Termination of
Agreement." Any failure on the part of the City to give notice of the Consultant's default
shall not be deemed to result in a waiver of the City's legal rights or any rights arising
out of any provision of this Agreement.
SECTION 30. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control
of Consultant. Such causes include, but are not limited to, acts of God, acts of the
public enemy, acts of federal, state or local governments, acts of City, court orders,
fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term
and price of this Agreement shall be equitably adjusted for any delays due to such
causes.
SECTION 31. CLAIMS FILED BY CITYS CONSTRUCTION CONTRACTOR.
(a) If claims are filed by City's construction contractor relating to work
performed by Consultant's personnel, and additional information or assistance from
Consultant's personnel is required in order to evaluate or defend against such claims;
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Consultant agrees to make its personnel available for consultation with City's
construction contract administration and legal staff and for testimony, if necessary, at
depositions and at trial or arbitration proceedings.
(b) Consultant's personnel that City considers essential to assist in defending
against construction contractor claims will be made available on reasonable notice from
City. Consultation or testimony will be reimbursed at the same rates, including travel
costs that are being paid for Consultant's personnel services under this Agreement.
(c) Services of Consultant's personnel in connection with City's construction
contractor claims will be performed pursuant to a written contract amendment, if
necessary, extending the termination date of this Agreement in order to resolve the
construction claims.
SECTION 32. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Consultant in every reasonable way to facilitate, without
undue delay, the Services to be performed under this Agreement.
SECTION 33. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: Wael Faqih, PE, Vice President
Falcon Engineering Services Inc.
371 Corporate Terrace, Suite 101
Corona, CA 92879
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
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SECTION 34. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 35. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 37 "Amendment" and the City
Manager's contracting authority under the Cathedral City Municipal Code.
SECTION 36. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 37. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Consultant and by the City. The City Manager shall have
the authority to approve any amendment to this Agreement if the total compensation
under this Agreement, as amended, would not exceed the City Manager's contracting
authority under the Cathedral City Municipal Code. All other amendments shall be
approved by the City Council. The Parties agree that the requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
Consultant shall only commence work covered by an amendment after the amendment
is executed and notification to proceed has been issued.
SECTION 38. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 39. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Riverside, California. In the event
of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of
California, in Riverside.
- 19 -
SECTION 40. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 41. CONTINGENT FEE.
Consultant 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 Consultant 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
contract price or consideration, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
SECTION 42. PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR
FEDERAL FUNDS FOR LOBBYING.
(a) Consultant certifies to the best of his or her knowledge and belief that:
(i) No state, federal or local agency appropriated funds have been
paid, or will be paid by-or-on behalf of Consultant to any person for influencing or
attempting to influence an officer or employee of any state or federal agency; a Member
of the State Legislature or United States Congress; an officer or employee of the
Legislature or Congress; or any employee of a Member of the Legislature or Congress,
in connection with the awarding of any state or federal contract; the making of any state
or federal grant; the making of any state or federal loan; the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any state or federal contract, grant, loan, or cooperative agreement.
(ii) If any funds other than federal appropriated funds have been paid,
or will be paid to any person for influencing or attempting to influence an officer or
employee of any federal agency; a Member of Congress; an officer or employee of
Congress, or an employee of a Member of Congress; in connection with this federal
contract, grant, loan, or cooperative agreement; Consultant shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(b) This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
- 20 -
(c) Consultant also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower-tier subcontracts,
which exceed $100,000 and that all such sub recipients shall certify and disclose
accordingly.
SECTION 43. DEBARMENT AND SUSPENSION.
(a) Consultant's signature affixed herein, shall constitute a certification under
penalty of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)", which certifies that he/she or any
person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three
(3) years; does not have a proposed debarment pending; and has not been indicted,
convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past three (3)
years. Any exceptions to this certification must be disclosed to City.
(b) Exceptions will not necessarily result in denial of recommendation for
award, but will be considered in determining Consultant responsibility. Disclosures
must indicate to whom exceptions apply, initiating agency, and dates of action.
(c) Exceptions to the Federal Government Excluded Parties List System
maintained by the General Services Administration are to be determined by the Federal
Highway Administration.
SECTION 44. STATEMENT OF COMPLIANCE.
(a) Consultant's signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that
Consultant has, unless exempt, complied with, the nondiscrimination program
requirements of Government Code Section 12990 and Title 2, California Administrative
Code, Section 8103.
(b) During the performance of this Agreement, Consultant and its
subconsultants shall not unlawfully discriminate, harass, or allow harassment against
any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of
family care leave. Consultant and subconsultants shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. Consultant and subconsultants shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.)
and the applicable regulations promulgated there under (California Code of Regulations,
Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and
- 21 -
Housing Commission implementing Government Code Section 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.
Consultant and its subconsultants shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other
Agreement.
(c) Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally-assisted programs of the Department of Transportation —
Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil
Rights Act). Title VI provides that the recipients of federal assistance will implement
and maintain a policy of nondiscrimination in which no person in the state of California
shall, on the basis of race, color, national origin, religion, sex, age, disability, be
excluded from participation in, denied the benefits of or subject to discrimination under
any program or activity by the recipients of federal assistance or their assignees and
successors in interest.
(d) Consultant, with regard to the work performed by it during the Agreement
shall act in accordance with Title VI. Specifically, Consultant shall not discriminate on
the basis of race, color, national origin, religion, sex, age, or disability in the selection
and retention of Subconsultants, including procurement of materials and leases of
equipment. Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including
employment practices when the Agreement covers a program whose goal is
employment.
SECTION 45. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.
In accordance with Public Contract Code Section 10296, Consultant hereby
states under penalty of perjury that no more than one final unappealable finding of
contempt of court by a federal court has been issued against Consultant within the
immediately preceding two-year period, because of Consultant's failure to comply with
an order of a federal court that orders Consultant to comply with an order of the National
Labor Relations Board.
SECTION 46. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Consultant and City prior to the execution of this
Agreement. No statements, representations or other agreements, whether oral or
written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 47. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
- 22 -
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY OF CATHEDRAL CITY FALCON ENGINEERING SERVICES INC.
Charles P. McClendon By: Wael Faqih, PE
City Manager Its: Vice P 1-sident
ATTEST: _
By: 110 1. 4 A - I
Its:
_I
Gary F. Howe I
City Clerk
APPROVED AS TO FORM
/
Eric S. Vail
City Attorney
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S
BUSINESS ENTITY.
- 23 -
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On d/14/1/'1Q/ -2 , bpi fi
before me, _ASM f v - F-71- t K-
Date Name And Title Of Officer(e.g."Jane Doe,Notary Public")
personally appeared W4V1- 'FAQ//4- ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
JASMINE C. FAQIR the same in his/her/their authorized capacity(ies), and that by
.ice llift Commission # 2127349
= his/her/their signature(s) on the instrument the person(s), or the
�' Notary Public-California z
',7 Riverside County = entity upon behalf of which the person(s) acted, executed the
M Comm.Expires Sep 197019 instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
to /7
/ /J
/`:Ignature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On JI t1AlRy 3 , 2014"
before me, J4S,'t7n/6 FAQ 1/'
Date Name And Title Of Officer(e.g."Jane Doe,Notary Public')
personally appeared /414/14 VA-6204 ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
JASMINE C.FACIIH entity upon behalf of which the person(s) acted, executed the
Commission # 2127349 Z instrument.
_:` : Notary Public California D
Riverside County I certify under PENALTY OF PERJURY under the laws of the
M Comm.Ex fires Sep 19 2019 State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
��I•
, /f ature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
EXHIBIT "A"
SCOPE OF SERVICES
A-1
3
Cathedral City Project No. 8914
Date Palm Drive Bridge over Whitewater River
Scope of Services
1. PROJECT DESCRIPTION 2
1.1. Project Controls System Development 2
1.2. Monthly Project Progress Meetings and Reports 3
1.3 Sub-Consultant Management 4
2. PRE-CONSTRUCTION PHASE SERVICES 5
2.1. Constructability Review 5
2.2. Construction Management Plan 5
2.3. Storm Water Pollution Prevention Plan (SWPPP) 6
2.4. Local Assistance Documentation I Federal Contract Management Requirements 6
2.5. Pre-construction walk 8
2.6 Public Information Website 9
3. CONSTRUCTION MANAGEMENT SERVICES 9
3.1 Pre-construction Conferences 9
3.2 Communications and Correspondence 10
3.3 Schedule Monitoring 11
3.4 Progress 1 Coordination Meetings 11
3.5 Payment Recommendations 12
3.6 Safety 13
3.7 Permits 13
3.8 Environmental &Mitigation Monitoring 14
3.9 Traffic Control and Signal Timing 14
3.10 Submittal Management and Review 15
3.11 Request for Information (RFI) Management and Review 16
3.12 Document Management 17
3.13 Construction Change Order Assistance 17
3.14 Review Certified Payrolls 19
4. CONSTRUCTION INSPECTION SERVICES 19
4.1. Inspection and Documentation 19
4.2. Materials Testing, Construction Testing & Quality Assurance Program (QAP) 20
4.3. Surveying 21
4.4. Final Acceptance- Punch List Assistance 22
5. CONSTRUCTION CLOSEOUT ACTIVITIES 23
5.1. Contract Closeout 23
5.2. Project As-Built Drawings 24
5.3. Final Project Report 24
5.4. Final Payment, Final Report of Expenditure Checklist 25
6. FIELD OFFICE AND EMPLOYEE EQUIPMENT 26
1
1. PROJECT DESCRIPTION
The existing structure was constructed in 1979 and consists of nine (9) spans of
continuous precast pre-stressed concrete I-girders, eight (8) pier walls and seat
abutments. The bridge is skewed at approximately 45 degrees to Whitewater
Stormwater Channel. All abutments and pier walls are supported on concrete piles. The
spans of the bridge are 75', 92.5', 81', 81', 92.5', 81', 81', 92.5', and 75' for a total length
of 751.5 feet. The existing bridge width is 56 feet consisting of one five foot wide
sidewalk and metal barrier on west side, four travel lanes and metal barrier on the east
side.
This project will widen the bridge from 4 lanes to 6 lanes. The widening of the existing
bridge will be about 20.25 feet on the west side, and about 31.67 feet on the east side,
for a total bridge width of 108 feet. This will accommodate a total of six-12 feet lanes, 10
feet median and 2-6 feet sidewalks with Type 26 barriers.
The CITY shall endeavor to provide copies of all applicable permits and conditions of
approval to the ENGINEER prior to commencement of the work contemplated by this
Agreement.
1.1. Project Controls System Development
Purpose:
To provide ENGINEER managers and CITY staff with cohesive and current
information regarding schedule, budgets, expenditures, and change orders in
an integrated cost and schedule information system.
The master schedule of the Project Controls System (PCS) will enable
critical activities and inter-relationships between the contractors, suppliers,
the City, the City's Project Manager, design engineers, utility companies,
and construction manager (including its subcontractors) to be monitored
efficiently during the construction phase of the project. The master
schedule will identify permit constraints, work area restrictions and other
known work and/or coordination constraints.
The cost-monitoring element of the PCS can provide project-wide monitoring
of expenditures for comparison with the original budgets and budget updates
resulting from change orders processed during the life of the project.
The automation of the above information will enable timely analysis,
intervention, and decision making to enable efficient control of the project.
Approach:
ENGINEER will develop the PCS using existing systems or software as supplied
by Falcon. A master schedule will be developed summarizing all significant
project activities including work by the contractor, long lead supplies/equipment
suppliers, the CITY project manager, design consultants, and the construction
manager.
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The schedule will be structured to include the following:
• Primary contractor work activities, including major submittals required
accomplishing the work.
• Principal work activities of the ENGINEER 's construction manager,
the CITY's project manager, design consultants, contractors, and
suppliers.
• Activities necessary for regulatory and FHWA compliance.
• Activities related to utility relocations.
• Relationships between submittals, approvals, procurement, and
delivery of materials for critical activities.
• Milestones associated with permitting and approvals.
• Substantial and final completion dates.
Assumptions:
1. The initial master project schedule will be developed based on
information available before the award of contracts for construction.
2. The CITY will provide a description of the CITY invoicing requirements
and guidelines for the project.
3. CITY will provide copies of all utility and other agency agreements.
Deliverables:
1. Draft master project schedule.
2. Initial master project schedule following review and approval by the
CITY.
3. Initial project cost breakdown.
1.2. Monthly Project Progress Meetings and Reports
Purpose:
To apprise CITY management and other stakeholders of ENGINEER's
activities under this contract via written report and monthly meeting.
Approach:
ENGINEER will provide a brief written report each month covering a summary of
the status and expenditures associated with each of the tasks described in this
scope of work; including highlights of any unusual contractual issues that arise
during the reporting period, description of current critical path, approved and
pending change orders and high lighting construction photographs for the current
period.
As requested by the CITY, the ENGINEER will schedule monthly progress
meetings, which will provide for additional discussion of progress reports and
issues related to this agreement, the construction agreements, any other
outstanding business.
Assumptions:
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1. A regular weekly construction meeting will be held. If additional meetings
are required, a monthly meeting can be established with the shareholders
requested by the CITY.
2. If necessary, CITY to submit proposed changes, amendments or
clarifications to the monthly progress reports, in writing, to ENGINEER.
Deliverables:
1. Monthly project progress report.
2. Monthly progress review meetings minutes as required.
1.3. Sub-Consultant Management
Purpose:
To coordinate and manage sub-consultant services contracted with ENGINEER.
Sub-consultants include inspectors, materials testing consultants, and others as
required for successful completion of the contract.
Approach:
ENGINEER will coordinate and manage the utilization of sub-consultants for the
CITY in order to comply with the terms of the contract documents and the
requirements of regulatory agencies.
ENGINEER will work with consultants contracted directly with the CITY.
ENGINEER will review and approve invoices provided by CITY consultants and
forward said invoices to the CITY for processing and payment as requested
including monitoring time and materials, performance and deliverables required
for the project.
Assumptions:
1. The CITY will retain final approval rights over invoices for CITY contracted
consultants.
2. All costs associated with ENGINEER's sub-consultant services will be
billed to the CITY in conjunction with ENGINEER's services on a monthly
basis.
Deliverables:
1. Copies of all sub consultant reports. Original reports will remain with
ENGINEER until project closeout, at which time all originals will be
forwarded to the CITY with the project documentation.
2. Copies of all sub-consultant invoices billed through ENGINEER.
3. Original invoices reviewed and approved by ENGINEER for CITY
contracted consultants or outside agencies.
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2. PRE-CONSTRUCTION PHASE SERVICES
ENGINEER shall provide specialized services during the project Pre-Construction
phase, including the bidding periods of the project. These services are intended to
involve the construction manager early in the project and to provide advanced
planning for construction phase activities.
2.1. Constructability Review
Purpose:
To provide the CITY and ENGINEER with reasonable assurance that project can
be adequately constructed as indicated on the Design Plans and to endeavor to
minimize contract change orders.
Approach:
ENGINEER will perform a constructability review of the project including
analyzing the phasing and staging of project construction for conflicts. The
constructability review will identify inconsistencies between the Project Plans, the
Specifications, and applicable permits for the Project and the Engineer's
Estimate. The ENGINEER will also perform an Independent Quantity Take-off of
the major items of work on the Project. The ENGINEER will provide any cost
saving measures identified for review by the CITY and/or discussion with the
design engineer.
Assumptions:
The Project Plans and Project Specifications are essentially complete and ready
for advertisement.
Deliverables:
Constructability comments and report for review by the CITY and Design
Engineer. ENGINEER will provide two (2) copies of the comments and report.
2.2. Construction Management Plan
Purpose:
To provide the CITY and ENGINEER with uniform procedures and standards for
the administration of the construction contract.
Approach:
ENGINEER will develop a procedure that is usable for the construction project
utilizing the Caltrans Construction Management Manual and required portions
of the Local Assistance Manual, including referenced manuals and reports and
required. The CITY approved manual may used by the CITY, as it deems
appropriate.
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Assumptions:
The final project manual will be bound in a three ring binder to facilitate future
revisions.
Deliverables:
ENGINEER to provide copies of the manual as required.
2.3. Storm Water Pollution Prevention Plan (SWPPP)
Purpose:
To protect the CITY from potential fines from regulatory agencies by monitoring
contractors' activities regarding pollution prevention controls and/or activities for
general compliance with the contractor's SWPPP Best Management Practices
(BMP).
Approach:
ENGINEER will review the SWPPP prepared by the Contractor for general
conformance with the project topography, construction constraints, and staging.
The ENGINEER will provide comments to the CITY along with a copy of the
original SWPPP. Once all changes are incorporated and approved, the
ENGINEER will observe the contractor's implementation and work area for
general compliance with the SWPPP Best Management Practices (BMP) and
notify the contractor if the pollution prevention controls are not in accordance
with the SWPPP in accordance with oversight requirements. The ENGINEER will
also ensure all weekly, pre storm, post storm and monthly reports are being
completed and corrections being made in accordance with the approved SWPPP
and General Permit. ENGINEER will coordinate with the Contractor for a timely
submittal of the annual report for input into the SMARTS system.
Assumptions:
1. ENGINEER will not be responsible for contractor(s) means and methods
for complying with the BMP listed in the SWPPP.
2. ENGINEER will document site conditions with respect to SWPPP and
BMP weekly and maintain a separate file for said reports.
3. SMARTS Systems input will be completed by the CITY'S LRP in
accordance with established CITY protocols.
Deliverables:
Contractor(s)' SWPPP •monitoring reports and ENGINEER documentation of site
conditions kept in project file for the record.
2.4. Local Assistance Documentation /Federal Contract
Management Requirements
Purpose:
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To set-up the electronic and hard copy filing system for the documentation
required for compliance with FHWA Contract Management Requirements as
detailed in the Caltrans's Local Assistance Procedures Manual.
Approach:
ENGINEER in conjunction with the CITY will review the Local Assistance
Procedures Manual to insure that all contract administration procedures,
documentations, and filing system is set-up in accordance with Chapters 15, 16,
and 17 of the Local Assistance Procedures Manual. All subsections included in
these chapters have been discussed in details throughout various sections of
this Scope of Services:
• Chapter 1, Introduction and Overview
• Chapter 5, Accounting/Invoices Contents
• Chapter 7, Field Review
• Chapter 12, Plans, Specifications & Estimate
• Chapter 14, Utility Facility
• Chapter 15, Advertise and Award Project; including the following sections:
o Approval for Local Agency to Administer Projects.
o Project Advertisement,
o Contract Bid Opening, Contract Award, and Award Package
• Chapter 16, Administer Construction Contracts includes the following:
o Project Supervision and inspection
o Pre-construction meeting and partnering
o Contract time
o Sub-contractors
o Engineer's daily reports
o Project files
o Construction records and procedures
o Safety Provisions
o Labor compliance
o Equal employment opportunity
o Quality Assurance Program
o Contract claims
o Traffic safety in highway and street work zones
o Construction engineering review by the State.
• Chapter 17, Project Completion includes the following:
o Acceptance procedures
o As-built plans
o Report of expenditures
o Consequences
• Chapter 19, Progress Reviews
The CITY and ENGINEER will incorporate specific deliverables within the scope
of services and designate the party or parties responsible.
Assumptions:
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The CITY has reviewed the attached scope of services and deliverables to
ensure that all tasks required are identified and an individual party is assigned
responsibility for that task.
Deliverables:
Electronic and hard copies of all files appropriately filed per the requirements set
forth above will be provided at the end of this project. Individual tasks required
for compliance with the Local Assistance Procedures Manual are identified as
specific tasks including all required checklists, forms, filing system, procedures
for progress payments, change orders, claims, correspondence, as-builts,
reporting, permit compliance, permit renewals, final invoicing and claims
mitigations and resolutions.
Also using the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA
Guidelines, CAL OSHA Safety Orders, SWPPP & PMP preparation Handbook,
and all Bridge Manuals as applicable.
All above Chapters and sections have specific formats, checklists, and
procedures that will be implemented into the filing system as required by the
Local Assistance Procedures Manual and Contract Provisions.
2.5. Pre-construction walk
Purpose:
To document existing project site and neighboring site conditions prior to the
start of construction; to ensure that all patties are aware of and agree to the
condition of existing project site and neighboring site conditions prior to the start
of construction.
Approach:
Prior to the issuance of a Notice to Proceed, the ENGINEER will walk the entire
project and record existing conditions via a written log, still photographs, and
videotape where required. Photos will be logged and geo-tagged to allow for
quick reference during the project. ENGINEER will provide copies of all
documentation to the Contractor and the CITY. ENGINEER will keep
documentation originals in the project files until project completion. The CITY
and the contractor will be notified of the day and time of this survey.
Assumptions:
Project walk will not take longer than two days with approximately the same
amount of time to log, file and copy the information.
Deliverables:
1. A written log of any major deviations from project plans noted during
walk or existing damage
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2. A geo-tagged photo log
3. Digital video of relevant project features.
2.6. Public Information Website
Purpose:
Provide and make accessible to the general public, a webpage on a generally
accepted social networking site such as Facebook, dedicated to the Date
Palm Drive Bridge Improvements.
Approach:
ENGINEER will develop, in conjunction with the CITY a webpage to keep the
general public informed of the status of the project.
Assumptions:
Coordinate with the City to provide links from the social networking site
to and from the City's webpage.
Deliverables:
1. ENGINEER: Webpage
2. ENGINEER:Install and maintain a construction webcam to stream real time
video of the bridge construction.
3. CONSTRUCTION MANAGEMENT SERVICES
ENGINEER, on behalf of the CITY, will provide construction management services for a
single construction contract. Construction Management services will encompass the
Quality Assurance and enforcement of all construction contract requirements.
3.1. Pre-construction Conferences
Purpose:
To provide a forum for all project participants to meet prior to the start of work.
This meeting will outline the CITY's administration of the contract, introduce
project participants, and outline project requirements for the start of construction.
The ENGINEER and CITY will provide an overview of the procedures to be used
on the project.
Approach:
ENGINEER will schedule the preconstruction conference, prepare the agenda,
chair the meeting and take and distribute meeting minutes.
Assumptions:
1. The CITY will provide the meeting venue.
2. The CITY will assist ENGINEER in developing the attendee list.
3. ENGINEER will prepare a draft agenda for the CITY approval prior to the
meeting.
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Deliverables:
1. Written agenda and minutes of pre-construction conference.
2. Electronic copies of pre-construction meeting minutes to the attendees.
3. Review and comment on contractor's base-line schedule.
4. Establish ground rules of coordination & communications with contractor
and designer concerning the processing and reviewing of submittals and
RFI' s.
3.2. Communications and Correspondence
Purpose:
To provide for and/or facilitate effective communication, on behalf of the CITY,
and among all stakeholders in the administration of the construction contract.
Approach:
ENGINEER will obtain all pertinent information as required to develop a living
project directory of all key personnel working on the project and maintain this log
in electronic and hard copy form. ENGINEER will develop a graphic chart
indicating the proper flow of correspondence. ENGINEER will ensure control of
correspondence by maintaining an effective electronic communications policy
requiring Office Engineer inclusions on project e-mails. ENGINEER will log all
information received from the Contractor and others, in relevant project logs as
described above. Lastly, ENGINEER will prepare and/or forward appropriate
responses, obtaining CITY approval when required.
Assumptions:
1. The ENGINEER Correspondence Log will be used for all correspondence
received from the CITY, the Contractor and others.
2. All original correspondence will remain with the ENGINEER project files.
Electronic copies of letters and relevant project emails will be maintained
in an organized and searchable system.
3. The ENGINEER project files will be turned over to the CITY upon the
conclusion of the project.
Deliverables:
1. Communication flow chart.
2. Written logs of information received from the CITY, the Contractor, design
consultants, biologist, testing firm, citizens and/or others.
3. Electronic Communications Log
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3.3. Schedule Monitoring
Purpose:
To monitor and review the Contractor's schedule, after acceptance of baseline
schedule, to ensure project is on schedule and analysis the effect of any delays
or changes.
Approach:
ENGINEER will develop procedures, using available software, to review the
Contractor's monthly schedule updates for logic, duration, and resource changes
that affect the project Critical Path. ENGINEER will notify the CITY of the
Contractor's current construction schedule. If required or beneficial, the
ENGINEER will develop an independent construction schedule for use on the
project.
Assumptions:
Contract specifications will require the Contractor to use Critical Path Method
(CPM) scheduling tools/software in accordance with Standard Specifications and
industry standards. Contractor will be required to submit schedule narratives,
and recovered schedules as required for project progress. To ensure project
schedules are submitted in a timely manner, contract will permit withholding
progress payment pending updated schedule receipt.
Deliverables:
1. ENGINEER will prepare and transmit to the Contractor schedule review
comments.
2. Monthly review of contractor's schedule updates and provide summary to
CITY on schedule status and impact of changes to completion date.
3. Monitor and facilitate utility coordination with various utility companies and
the Contractor. Ensure contractor has incorporated relocations and other utility
windows in the schedule as required by the contract documents.
3.4. Progress /Coordination Meetings
Purpose:
To provide a forum for the review of the project status, the look-ahead schedule,
outstanding RFI's and submittals, and project issues.
Approach:
ENGINEER will conduct weekly progress/coordination meetings as required, to
be attended by the CITY, the Contractor, ENGINEER and other invitees.
ENGINEER will request the CITY and the Contractor to submit agenda items for
the meetings. The ENGINEER will provide a sample outline for review by the
CITY. Following each meeting, ENGINEER will distribute meeting minutes,
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requesting either the concurrence of those who attended, or suggested
corrections to the minutes, including applicable logs. Minutes will be filed as
either approved or amended.
Assumptions:
1. The CITY's and Contractor's staffs will be able to meet on a regular basis
with minimal absences.
2. The meeting room will be able to seat a minimum of 15 people.
3. Meetings will not take place more than once a week and will not last longer
than one hour.
4. The Contractor will submit a look-ahead schedule (3 week) at each meeting.
Deliverables:
1. Agenda with status of open items from previous meetings.
2. Meeting minutes, for review, with action items noted.
3. Amended meeting minutes, if required.
4. Submittal, Issues log, Change Order log and RFI and RFC working logs.
3.5. Payment Recommendations
Purpose:
To verify that the Contractor's request for payment does not represent more than
an amount that is reasonable for the work done on a monthly basis. To prepare
progress payment recommendations on behalf of the CITY for work completed
and materials stored on hand (if allowed).
Approach:
ENGINEER will review and approve the Contractor's monthly progress based on
the actual amount of work activities complete. The Contractor will submit a
certified application for payment to ENGINEER for final review. Once approved,
FALCON will prepare a payment application certificate, using software similar to
Excel, for approval and execution by the CITY.
Assumptions:
1. The CITY will make payments in accordance with the contract stipulations
and State Law to the Contractor once each month.
2. The software is acceptable to the CITY for preparing progress payment
application certificates.
Deliverables:
1. Contractor's certified application for payment.
2. Independent bid item calculations for all pay items completed by the
ENGINEER'S staff.
3. Progress payment request documents suitable for approval and execution by
the CITY.
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3.6. Safety
Purpose:
To review the Contractor's work site safety and notify the Contractor of unsafe
conditions, as observed. Implement the CAL OSHA Safety Orders requirements
for providing safe work site conditions.
Approach:
ENGINEER will observe contractors' work area. Contractors to be informed if
unsafe work conditions and/or areas are observed. Immediate shutdown of
contractors' work may be required if conditions endanger properly and/or life.
Random attendance of contractor's tailgate meeting. ENGINEER will conduct its
own bi-weekly staff safety meeting to discuss specific safety procedures and
issues relating to current or upcoming construction activities requiring unique
safety procedures.
Assumptions:
1. Contract document requires Contractor to submit its safety program and
safety officer prior to the start of work
2. Contract documents or Contractor's safety program requires contractor to
submit accident reports.
3. ENGINEER assumes no responsibility for safety of Contractor's work areas.
4. ENGINEER assumes no responsibility for implementation of Contractor
safety program or its construction means and methods.
Deliverables:
1. Accident reports from Contractor.
2. Bi-weekly safety meeting minutes
3. Copies of safety issues discussed during contractor's tailgate meetings.
3.7. Permits
Purpose:
To verify the contractor has copies of applicable permits and that the work
activities abide by the requirements of the permits granted by regulatory
agencies. All permits shall be kept current and renewed prior to expiration
throughout the project duration.
Approach:
ENGINEER will review and enforce requirements stipulated in permits issued by
regulatory agencies.
Assumptions:
1. All permits will be provided to ENGINEER for review.
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2. All permits will be included in the contract documents.
Deliverables:
1. Monitor that the typical erosion control measures, BMPs, in the vicinity of
streams will be employed in accordance with the conditions in the 401 Water
Quality Certification requirements of the Regional Water Quality Control
Board.
2. Monitor that the all trash will be placed in containers and promptly removed
from the site
3. Monitor is to insure compliance with any U.S. Army Corps of Engineers 404
permit authorization and the California Regional Water Quality Control.
3.8. Environmental Mitigation and Monitoring Plan
Purpose:
Provide required cultural, archaeological and paleontological monitoring to comply
with the requirements outlined within Mitigation Monitoring and Reporting Program.
Approach:
Provide a Native American monitor on-site during ground disturbing activities
associated with the Project to observe the archaeological work, and report
observations to the represented Tribe(s). Provide a Paleontological monitor during
grading, boring and trenching operations for the road improvements. A qualified
biologist shall perform a nesting raptor survey within seven days prior to any
construction activities. A qualified biologist shall perform a burrowing owl survey
within 14 days prior to any construction activities. If clearing is done between
February 1St and June 30th a qualified biologist shall perform a nesting bird survey
prior to clearing and grubbing activities.
Assumptions:
1. The Engineer will follow the qualified biologist recommendations for
protecting bird species identified within the Mitigation Monitoring and
Reporting Program.
2. The Engineer will follow the directives of the Paleontologist and Cultural
Monitor during ground disturbing activities.
Deliverables:
Monitor, review and provide recommendations for compliance with the Mitigation
Monitoring and Reporting Program.
3.9. Traffic Control and Signal Timing
Purpose:
To provide an efficient means for keeping traffic flowing through the site to
adjacent residents and businesses during construction. Verify Contractor
compliance with approved traffic control plans.
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Approach:
ENGINEER will provide the necessary expertise to evaluate and modify
temporary traffic controls, including signal timing as necessary to ensure the safe
and efficient handling of traffic through the project site. ENGINEER will verify
Contractor compliance with traffic control plans. Work with the CITY's, traffic
engineering Department.
Assumptions:
Any CITY desired changes to the traffic handling will be communicated to
ENGINEER in a timely manner.
City Staff will have ultimate control of signal timing.
Deliverables:
Monitor, review and provide recommendations for modifications to traffic
handling during the course of construction.
3.10. Submittal Management and Review
Purpose:
To provide an efficient means of processing and reviewing submittals, including
working drawings submitted by the Contractor, and forwarding applicable
submittals to the Project Designer as may be appropriate.
Approach:
ENGINEER will develop a comprehensive submittal list for managing receipt,
review and return of submittals. ENGINEER will update and submit status
submittal logs for review at each coordination meeting. ENGINEER will work with
the Contractor and Designer and outside agencies (where applicable) to
encourage timely submission, review and approval of submittals as outlined in
the Contract Documents, prior to inclusion of submitted materials in the progress
of the work. In addition, ENGINEER will perform the engineering reviews and
approvals for working drawings and calculations provided by the Contractor in
accordance with applicable sections of the contract documents and
specifications and within the review timeframes.
The following steps will be taken in reviewing the Contractor's submittals:
1. Log all submittals and assign responsibility.
2. Ensure that the Contractor has provided a complete submittal,
coordinated with the work of other trades, and that all deviations have
been noted. Submittal is returned to the contractor if it is not complete.
3. Construction Manager reviews submittal for general compliance with the
specification.
4. Applicable Submittals are forwarded to Designer or outside agency for
review as required. Submittal status is logged.
5. ENGINEER follows up on all delegated submittals on a weekly basis to
ensure timely return and avoid schedule impacts.
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6. ENGINEER to perform engineering review of submittals consisting of
working drawings and calculations. Such submittals shall be reviewed and
approved by ENGINEER's Resident Engineer in accordance with
applicable sections of the Standard Specifications for Public Works
Construction (Greenbook), State Standard Specifications and the City
Standard Plans.
7. Approved submittals are returned to the Contractor for use in work.
Submittal status is logged.
8. ENGINEER to inform Contractor if a re-submittal is required.
Assumptions:
1. ENGINEER will not be responsible for errors or omissions in submittal lists.
2. Coordination and submission of submittals in accordance with requirements
of the contract is the responsibility of the Contractor.
3. ENGINEER will forward to the Designer submittals designated by the CITY to
be reviewed and approved by Designer.
4. CITY will be responsible to approve all architectural submittals and colors.
Deliverables:
1. Submittal status log, maintained electronically and distributed with weekly
meeting minutes
2. Calculations and independent analysis, where required.
3. Copy of all approval letters, approved working drawings, submittals and final
submittal log.
3.11. Request for Information (RFI) Management and Review
Purpose:
To provide an efficient means of processing Requests for Information (RFI's)
submitted by the Contractor. The efficient management of RFI permits timely
communication between the Designer and the Contractor.
Approach:
ENGINEER will receive, log and review all RFIs for completeness and verify the
question is reasonable and understandable. ENGINEER will provide a short
technical review of the RFI to determine if the issue is addressed adequately in
the contract documents. ENGINEER will return the RFI if the question is unclear
or, in the opinion of ENGINEER staff, the answer is contained in the contract
documents, noting where the requested information can be found in the contract
documents. ENGINEER will track RFIs and facilitate the timely response from
the Designer.
Assumptions:
The Designer will respond with an answer to all RFIs within the contract
stipulated time period for response.
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Deliverables:
Comprehensive log of all outstanding RFIs and their status maintained
electronically and distributed with weekly meeting minutes.
3.12. Document Management
Purpose:
To provide the CITY with an electronic means of tracking all documents
exchanged between the parties involved in the construction of the project.
Approach:
ENGINEER will use electronic filing system and the ENGINEER File Index
modified to conform to the Caltrans filing system to log all documents in the
project field office. Documents will be scanned into the document control
system and attached to the file index categories. All documents will be filed
as an electronic file and hardcopy.
Assumptions:
1. ENGINEER will use cloud based electronic filing system.
2. The CITY will have access to the electronic filing system.
Deliverables:
1. Comprehensive logs of all documents in the project files (electronic and
hardcopy). Electronic files shall not require special software to read or
access.
2. All hardcopy project documents exchanged on the project between the
various parties.
3. Establish and process project control documents to include:
• Daily inspection and Resident Engineer's diaries
• Weekly Statement of Working Days
• Monthly progress report and monthly progress pay estimate
• RFI's, Submittals
• Correspondences with Contractor, Permitting Agencies, Utility
Companies, Regulatory Agencies, and other stake holders
• Survey requests and survey notes
• Materials receipts, materials testing results, and certificate of
compliance
• Mix designs for concrete and asphalt
3.13. Construction Change Order Assistance
Purpose:
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To provide a comprehensive, logical and rational method for addressing and
processing changes as they occur in the field. To address unforeseen conditions
and/or additional work required to complete the contract in a cost and schedule
effective manner. To provide independent analysis of costs submitted by the
Contractor.
Approach:
ENGINEER will negotiate change orders on behalf of the CITY and will use the
following approach in assisting & coordinating the process with the CITY:
Requests for Changes by the CITY
1. ENGINEER will forward a Request for Quote (RFQ) to the Contractor
for pricing. The RFQ shall contain a description of the extra work to
fairly price the work.
2. ENGINEER will prepare an independent cost estimate of the extra
work.
3. ENGINEER will review the cost quote from the Contractor for
completeness, negotiate cost and time extension requests as required
and, obtaining CITY concurrence throughout the process. Obtain CITY
authorization for proceeding with the change, based on definitive cost
and time extension values.
4. Should ENGINEER and the Contractor be unable to negotiate a
reasonable price, the CITY will be consulted prior to directing the work
via alternative contract change options such as proceeding on a time
and material basis or proceeding by force account.
Requests for Changes by Contractor
1. ENGINEER will review requests of proposed cost and/or time impacts
for merit. If ENGINEER determines the request fails on merit, the
Contractor will be informed of the reasons why the request is denied.
2. ENGINEER will prepare an independent cost estimate and schedule
analysis of the work.
3. ENGINEER will negotiate extra work cost and time extensions with the
Contractor.
4. ENGINEER will prepare change order documents for approval and
execution by the CITY.
Assumptions:
1. ENGINEER will have authority to make minor changes to work that it
determines to have no cost or time impacts to the construction project.
2. The contract will require the Contractor to submit a project schedule time
impact analysis to demonstrate critical path impact to the project's
schedule in order to substantiate any/all Contractor requests for contract
time extension.
3. Extra work costs successfully negotiated between ENGINEER and the
Contractor will be submitted to the CITY for approval.
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Deliverables:
1. Perform quantity and cost analysis as required for negotiation of change
orders
2. Change order documentation ready for approval and execution by the
CITY.
3.14. Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the
provisions of the contract and applicable State and Federal Law. To verify the
certified payroll reports contain information required by the Labor Code.
Approach:
ENGINEER will collect, receive and review certified payrolls from the Contractor
and each of its subcontractors. ENGINEER will check for the "Statement of
Compliance"from the Contractor and/or subcontractors, and spot-check wages
for each classification of laborer or craftsperson. ENGINEER will notify the CITY
and the Contractor of all discrepancies and/or errors and request a corrected
Certified Payroll. In the case of errors or omissions, ENGINEER will notify the
contractor and ensure proper remediation. All deficiencies will be logged along
with corrections. In accordance with requirements, ENGINEER staff will conduct
field interviews for verification of compliance, interviews shall be a minimum of
one interview per trade per contractor on site per month.
Assumptions:
1. ENGINEER will not be held responsible for enforcement of the Labor Code,
ENGINEER will provide recommended actions to the CITY for review
2. ENGINEER will maintain a weekly list of subcontractors working on the
project.
3. ENGINEER will not be responsible for identifying workers on site.
Deliverables:
1. Hardcopies of the Contractor's certified payrolls maintained.in the project
files.
2. Log of Contractors on Site
3. Log of non compliance notices and corrections.
4. Wage Determinations used for the contract period.
4. CONSTRUCTION INSPECTION SERVICES
4.1. Inspection and Documentation
Purpose:
To provide the CITY with documentation of construction activities, duration of
activities, manpower and equipment allocation, inspections, and work conditions.
19
Approach:
ENGINEER will provide the CITY with knowledgeable staff, familiar with
construction activities to be performed on the project. ENGINEER will document
the Contractors' daily activities, manpower, on-site equipment and items
considered pertinent to the project including safety, SWPPP, traffic control and
other peripheral considerations. ENGINEER will ensure all inspection staff is
provided with sufficient training and safety equipment to successfully
complete required inspections.
Assumptions:
1. ENGINEER shall provide inspectors who are experienced and qualified for
the inspection required.
2. All inspections will be within the project limits.
Deliverables:
1. ENGINEER Resident Engineer's reports and Inspector's daily and/or special
inspection reports maintained in the ENGINEER project files and turned
over to the CITY at the completion of the project. Copies of these daily
reports will be maintained in the electronic filing system for review as
required.
2. Digital photographs and videos as necessary to provide documentation of
construction activities. All photos will be logged, dated and titled in
accordance with electronic file system conventions for retrieval and
archival purposes.
3. Field measurements sheets for quantity calculations for progress
payment.
4. As-Built set of plans and review contractor's marked set.
5. Certificate of compliance for all material accepted on basis of COC
6. Weigh Master certificates, tags and other field documents collected by
inspection staff
4.2. Materials Testing, Construction Testing &Quality Assurance
Program (QAP)
Purpose:
To provide project site and laboratory testing of construction materials used in
the project for the purpose of determining quality and acceptability of materials
and workmanship incorporated into the project and in compliance with the
contract documents.
Approach:
ENGINEER will coordinate and manage the utilization of the materials and
testing laboratory for the purpose of providing laboratory and field-testing of
materials in accordance with test methods and frequencies specified in the
contract documents, as required by the California Test Methods, and Caltrans'
20
Quality Assurance Manual. The Engineer will provide a log of all materials
requiring source inspection and coordinate with the CITY to ensure compliance
with FHWA and local assistance requirements for tagging and inspection.
Assumptions:
1. ENGINEER shall provide material testers and laboratory technicians who are
experienced and qualified for the inspection required.
2. ENGINEER will insure the implementation of the Quality Assurance Program
for source inspections, materials acceptance, and special inspections as
required by the contract.
3. All material testing, materials acceptance and special inspections will be
within the project limits or as required by the contract.
Deliverables:
1. Laboratory test reports maintained in the ENGINEER project files and turned
over to the CITY at the completion of the project.
2. Laboratory and technician certifications
3. Summary sheet of all test reports submitted by others to substantiate
compliance with contract documents.
4. Summary sheets of all Certificates of Compliance or source release tags
furnished by the Contractor along with the applicable delivered materials at
the job site.
5. Coordinate source inspections and special inspections as required by the
contract document and the Quality Assurance Program.
4.3. Surveying
Purpose:
To provide construction survey staking services for the construction of storm
drains, curb & gutters, other utilities, street sections, sub-grades, bridge, walls
and for monitoring settlement and other appurtenances as may be required for
completion the Date Palm Drive Bridge Widening.
Approach:
ENGINEER will manage and provide all survey staking services necessary for
the construction of this project. Resident Engineer will review contractor's survey
staking request for completeness and schedule survey staking in a timely
manner.
The survey staking services shall conform to Section 11 "Engineering Surveys"
of the Caltrans Survey Manual and the following requirements:
1. Construction staking shall begin no later than two working days after the
initial request is made through the ENGINEER's Resident Engineer.
2. ENGINEER will insure that all survey-staking services are coordinated to
meet the contractor's operations schedule; staking requests are submitted
and reviewed in a timely manner.
21
3. ENGINEER will provide field office support and office space to the survey
crews and check field staking notes after staking.
4. ENGINEER survey staking sub-consultant, if required and approved by
the CITY, shall provide all labor, tools, equipment and other
miscellaneous items necessary to perform their work, and providing one
set of construction stakes as required by the construction contract.
Assumptions:
ENGINEER will provide the Survey services on this contract under the direction
of the CM.
Deliverables:
1. Maintain log of construction staking requests
2. Maintain a construction-staking plan set in the field office for review,
reference, and document any as-built changes.
3. Maintain files of all field notes for review and reference.
4. Limits of clearing and grubbing will be flagged at 100-foot intervals
5. Slope Stakes will place at 100-foot intervals; intermediate slope stakes will
not be required. Rough grade will be staked at all grade breaks and at 50-foot
intervals. Slope stakes will be provided for roadway.
6. Finished grading stakes for curb and gutter and edge pavement will be
placed at all grade breaks, at 50-foot intervals on straight sections, and 25-
foot intervals on curved sections, and at the beginning and end of curves.
7. Utilities and storm drains will be staked at 25-foot intervals, ends of pipes,
and at appurtenances, drop inlets shall be staked with two 5-foot offset
stakes parallel to curb, showing offset to curb line.
8. Waterline and Appurtenances will be staked at 50-foot intervals, at grade
breaks, and at appurtenances (valves, crosses, ends, etc.)
9. Retaining walls, bridge abutments and bents: one set of stakes will be
provided for bridge construction as follows: Three stakes will be provided at
each abutment, pier or bent. One stake will be provided at the intersection
of the control line and abutment/bent/pier centerline. The other two stakes
will be placed on the centerline of the abutment/pier/bent, one on either
side of the structure, offset as requested by the Contractor. Approach
slabs will be established at limits of slabs, with one set of stakes to offset
requested by the Contractor. The Contractor shall provide retaining wall
staking and additional survey controls as required to construct the
structure to the grades and tolerances required by the Standard
Specifications and Special provisions.
10.Other improvements such as permanent delineation, signs, lighting,
signals, traffic detector loops, guard rails, etc., will be staked by the
Construction Engineer.
11.CITY to provide a minimum of 4 control points at designated locations for
the construction survey staking.
4.4. Final Acceptance - Punch List Assistance
22
Purpose:
To provide the CITY with reasonable assurance that the work of the project has
been completed in compliance with the general intent of the contract documents.
To coordinate final inspections by CITY, permitting agencies, Utilities and others
to ensure all work has been accepted and deficiencies noted and corrected.
Approach:
ENGINEER will coordinate a walk-through with the CITY, the Designer, and the
Contractor. ENGINEER, with assistance from the CITY and Designer will
prepare a punch list indicating all deficiencies and/or omissions noted in the
walk-through. ENGINEER will then forward the punch list to the Contractor for
correction of the work in accordance with timelines defined in the contract.
ENGINEER, in conjunction with the CITY, will inspect items on the punch list
once the Contractor has notified ENGINEER that the work is complete.
Completed items on the punch list will be signed off by ENGINEER. Upon
completion of the punch list work ENGINEER will notify the CITY the work is
complete and forward a copy of the completed punch list.
Assumptions:
Contractor will provide a preliminary punch list of outstanding work items for
review by ENGINEER prior to requesting a final walk-through from the CITY, and
the Designer.
Deliverables:
Completed and signed-off punch-list submitted to the CITY with the closeout
documents.
5. CONSTRUCTION CLOSEOUT ACTIVITIES
5.1. Contract Closeout
Purpose:
To provide the CITY with final closeout documentation, including any permit
completion documentation.
Approach:
ENGINEER will turn over all project files, contract correspondence and
documents including final logs at time of project completion.
Assumptions:
CITY will file final Notice of Completion and Acceptance of Work.
Deliverables:
1. Notice of Completion form for CITY.
23
2. Notices of Completion for any Permits, including "duplicate" permits for
project.
3. Copy of the Contractor's performance bond, good for the warranty period.
4. Final project documentation in accordance with the requirements of the
Caltrans local assistance manual and FHWA requirements.
5. CITYs LRP to file NOC with RWQCB for closing out the SWPPP.
5.2. Project As-Built Drawings
Purpose:
To provide the CITY with accurate record drawings indicating all changes and
as-built conditions.
Approach:
ENGINEER will monitor Contractor required record drawings on a monthly basis.
In addition to monitoring the Contractor's drawings, ENGINEER will maintain a
copy of up-to-date contract plans and a log of all changes for the purpose of
aiding the Designer in final review of the record drawings.
Assumptions:
1. The Contractor will be responsible for preparing the record drawings for
review by the designer
2. ENGINEER will assist the Designer in review of the record drawings.
3. Designer will be required to submit final As built drawings in electronic and
reproducible format.
Deliverables:
1. One set of contract drawings indicating recorded changes to the contract, as
maintained by ENGINEER. This set will be in addition to the Contractor's
marked up set of contract drawings. Provide one copy of the revised Mylar
drawings. The design consultant will prepare the record drawings for the
project.
2. Electronic and hard copy log of all changes.
5.3. Final Project Report
Purpose:
To provide the CITY with a written history of the construction contract. The
contents of the final report are to fulfill federal requirements for federal financial
participation.
Approach:
ENGINEER will review the project documents and prepare a written report for
the CITY. As a minimum, the report will include the following:
24
1. 1. Names of all organizations involved with the Projects, i.e., CITY,
contractor and any other parties that may have a significant part in the
construction of the projects. •
2. Chronological history of the construction effort, to include all significant
dates.
3. Change order history, to include summary statement about each change,
negotiated cost of each change and other information deemed necessary
by ENGINEER and the CITY's Project Manager.
4. Summary of Requests for Information, in tabular or matrix form.
5. Summary of outstanding claims not resolved when the notice of
completion is filed.
6. Summary of final contract amount.
7. Final DBE Report.
8. Final Report of Structures
9. Project photographs.
Assumptions:
CITY will provide input to ENGINEER regarding the form of the final report and
federal required documents to be included in the report.
Deliverables:
One hard copy and one electronic file will be provided.
5.4. Final Payment, Final Report of Expenditure Checklist
Purpose:
To provide the CITY with the final contract cost and final balance due the
Contractor.
Approach:
Following completion of the contract work, ENGINEER will, in accordance with
the Designer, determine the final quantities and cost of all outstanding unit price
work and all outstanding approved change order work. ENGINEER will prepare
for the CITY and the Contractor, a final balancing change order quantifying the
final contract amount. Contractor will include amount of final balancing change
order in submission of last certified application for payment, submitted to
ENGINEER. Once approved, ENGINEER will forward application for payment to
the CITY for final approval and processing.
Assumptions:
1. There are no outstanding issues or claims.
2. The CITY is responsible for filing Notice of Completion and addressing all
subcontractor claims prior to release of final payment. The CITY will prepare
and file the Report of Expenditure Checklist for federal reimbursement.
25
Deliverables:
1. Final Pay Estimate including finalized bid items, claims, change orders,
punch-list items, and corrected shop drawings.
2. Contractor's last certified application for payment with application certificate
6. FIELD OFFICE AND EMPLOYEE EQUIPMENT
Reference Section 8 of the General Project Requirements titled "Facilities for Agency
Personnel"
26
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EXHIBIT "B"
COMPENSATION
B-1
■
Exhibit 10-02 Local Assistance Procedures Manual
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1 Local Agency: City of Cathedral City 2.Contract DBE Goal: 4.6%
3.Project Description: Construction Management for the Date Palm Bridge Widening
4.Project Location: Date Palm Drive between Perez Road and Gerald Ford Drive
5.Consultant's Name: Falcon Engineering Services Inc. 6.Prime Certified DBE: 0 7.Total Contract Award Amount $1,672,626.00
8.Total Dollar Amount for j Subconsultants: $297,895.14 9.Total Number of ALL Subconsultants:
3
11.DBE 13.DBE
10.Description of Work,Service,or Materials Certification 12.DBE Contact Information Dollar
Supplied Number Amount
FALCON Engineering
Construction Management/Inspection 39342 Wael Fagih,(951)2642350
1020 Aquino Circle,Corona,CA 92879 1,374,730.86
+ Dynamic Engineering Services,Inc.
Signal/Street Light Inspection 39838 Chia-Chi Wang,(951)892-1420
27395 Echo Canyon Ct,Corona,CA 92883 20,994.76
Local Agency to Complete this Section $
1,395,725.50
20.Local Agency Contract
Number: 8914 14.TOTAL CLAIMED DBE PARTICIPATION
21.Federal-Aid Project Number: BHLS-5430(027)
83.4576
22.Contract Execution
Date: 1-II-f-r
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit,
this form Is complete and accurate. regardless of tier.Written confirmation of each listed DBE is
required.
10/20/2016
3.Local Agency Representative's Signature 24.Date 15.Preparer's Signature 16.Date
ti0)77G-J3€L Mahe Faqih (951)768-9419
Bill Simons, PE
25.Local Agency Representative's Name 26.Phone 17.Preparer's Name 18.Phone
Principal Engineer 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: 3880 individuals te Records and Form Management 1120 N Street MS-89,Sacramento, A 95814�a��call(918)854-8410 or TDD(916)ssa
Page 1 of 2
July 23,2015
DATE PALM DRIVE BRIDGE IMPROVEMENT PROJECT,CITY PROJECT No.8914,FEDERAL AID PROJECT NO.MILS 5430
PERSONNEL HOURS
CONVERSE DAVID EVANS EMTISPECTN6 FALCON T90 T80 TBD
FALCON FALCON FALCON FALCON FALCON FALCON FALCON D61 SOILS/
STRUCTURE CULTURAL PAUORTOIOGKAE
ESTIMATED PROJECT RESIDENT RED/ LEAD OFFICE DOCUMENT REVIEW/ ELECTRICAL MATERIALS SURVEY OOII%IE
STAGE OF CONSTRUCTION SECTION DURATION MANAGER ENGINEER INSPECTOR INSPECTOR ENGINEER CONTROL INSPECTION INSPECTION TESTING STAKING TESTING WEBAPRAGE MONITOR BIOLOGIST tAcarroe
)MAJOR WORK PERFORMED) (MONTHS) W.FAQIH S.WALKER °.JOHNSON R.ORITO A.GRIFFIN A.ARIEF D.CASTRO A.
PRE—CONSTRLKTION PHASE SERVICES 2 3 xB t 140 0 0 M
40 0
0 0 0 210 0 0 0
C ooswnamlrcy Renew 2.1 30 24
8 32 40
Construction Management Plan 2.3 8
Storm Water Pollution Documentation Plan 2.3 8 24 20 40
Local Assistance DONmtionWon 2.5 4 4 4 CO
vrI fo tiOfl WnwER 25
Public IMOmunon we6Frcel 2.6
ICONSTRURN e6 MANAGEMENT SERVICES` 3 I is I no I 3146 SN I 540 I NA I944 I 4 I 0 I 0 1 0 0 I 0 I S 10,OR.O4 I$ S,°°O.O°I$ S,°O°AO
4 3 4 4 3 4 4
Pte—construction and C0rr spnhrmre 3.1 20 24 40
Communications and eMon0ence 3.3 144 80
Schedule ion Me ings 3.3 140 160 160 180
Progress ayment Recommendations 3.4 80 180
Payment Recommendations 35 180 160 176 80
Safety 3.6 30 120 130
Permits 3.7 24 $ 10,(100.W $ 5,000.00 $ 5.000.00
Entiromra cControlan BMOnTonng 38 40 40
Traffic Management and Timing 3.9 140 80 40 40
Submittal Request for oemem aat Renew 3.10 80 40 40
Rep 000smeilMertbn(RR) 311 16 40 160 520
Document Order AssKtaent 3.12 1B8 40 40 30
Construction Change C erer ASS Payrolls 3.14 240
Review Certified Payrolh 3.14
[CONSTRUCTION INSPECTION SERVICES I 4 I 15 I 0 I 224 I 1520 I 1852 I 32 I 0 1 264 I s 20,994.76 1$111,900.3$I$165,0°0.00 I S S,noo.00 I 0 I 0 I 0 I 0 I
264 $ 20,994.]6 $ 5,000.00
Inspection and Documentation 05,20 4.2 40 1480 1])2 $111,900.38
Testing8OualKy Assurance Program 0.3
80 32
$R $165,000.00
2ICg 4.3
Final Acceptance Punch List AssSIuance 4.4 24 40 80
ICDFBTIIUCTION CLOSE-(RIT ACTNITES I 5 I 1 I 4 I 46 I 0 I 0 I 44 I 56 1 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I
0
Contract u a 24 16 56 Close-ut 5.1 16
Project AS--Built Drawings 5.2 8
Final Final ymnit 5.3
16 16
0761 NOent 5.4 18
PROJECT LABOR 70761 IKKMSI I I 152 I 1604 1 2104 I 2432 I 858 I 1040 I 276 1$ x0,991.)61$111,900.341$165.000.00 I$ 5,010.00 I 160 1$ 10,000.00 1$ 5,000.00 I$ 5,000.00
•
•
•
•
•
DATE PALM DRIVE BRIDGE WIDENING PROJECT COSTS
TOTAL ESTIMATED
HOURLY PAY CONSULTANT OVERHEAD TOTAL DIRECT INDIRECT TOTAL LABOR HOURLY PROJECT
COMPANY RATE COST FACTOR ODC1 LABOR COST COSTS FEE(RN COST NWNG RATE HOURS ESTIMATED COST W/ODCS
PERSONNEL 32,804.64
Wa0 Waller,P FALCON 5 105.CO 0.80 $ - $ 64,840.00 5 35,072.00 $ 2,708.64 $ 31,264.08 $ 206.01 nC $ 331,264.06
Dan.lWatOF,,P.E. FALCON $ ]82.00 0.80 $ - $168,840.00 5138,022.00 $ 27,941.04 5338,461..4 $ 206.01 2104 $ 33849994
Wray 0380,P.E. FALCON $ 8200 080 $ - $192,128.00 5 133,702.40 $ 31,12454 5 336,955.14 5 160.84 2104 $ 376,955.14
Rey OrtfRn,P. FALCON $ 5.20 0.80 $ - 5192,118.00 $353,41.40 5 31,114.74 376,955.14 5 155.00 856 $ 13099882
Amy/melt. P.E. FALCON $ 7800 0.80 $ - $ 66,764.00 $ 53,414.0 $ 10,316.22 5 130,96882 $ 153.01 856 $ 89,467.10
Dion Castro FALCON $ 3800 0.80 S 5 45,600.00 $ 36,4&1.20 5 7,387.20 $ 89,467.20 5 74.56 1200 5 29,241.65
lion Castro FALCON $ 5400 0.80 $ - $ 14,901.20 $ 11,923.20 $ 2,414.45 5 29,243.6 5 105.95 276 5 20,994.76
Electrical Inspection $ 120,994.36
Soils A Materials Testing 8- g°t 797'8 T.1 RT ` $ 16.920'20
CnnstnMion Surveying 5`<sSai'::�s..a"8...r ,=,x.'_.'.1..' $ 5,000.00
CIDH Pile Testing 5 10,020.00
Collura!Monitor 5 5,x'20
Biologist $ 5,000.20
Paleontological Monitor _
TOTAL ESTIMATED COSTS$ 1,652.126.00
TOTAL ESTIMATED COSTS FOR CONSTRIICTIONWEBUM$ 18,000.00
TOTAL ESTIMATED FIELD OFFICE SUPPLY COSTS 5 2,50000
TOTAL ESTIMATED PROJECT COSTS$ 1,672,626.00
r
COST PROPOSAL Page 1 of 2
ACTUAL COST-PLUS-FIXED FEE CONTRACTS
Note:Mark-ups are Not Allowed
Consultant FALCON Engineering Services, Inc. Contract No. 8914 Date 10/03/2016
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
(Project Manager) Wael Faqih,PE 152 $ 110.00 $ 16,720.00
(SR/ARE) Scott Walker,PE 1608 $ 105.00 $ 168,840.00
(Construction Insp.) Darius Johnson,PE 2104 $ 82.00 $ 172,528.00
(Construction Insp.) Rev Orito,PE 2432 $ 79.00 $ 192,128.00
(Construction Insp.) Amy Griffin,PE 856 $ 78.00 $ 66,768.00
(Construction Insp.) Ameilia Arief 1200 $ 38.00 $ 45,600.00
SWPPP Dion Castro 276 $ 54.00 $ 14 904.00
LABOR COSTS $677,488.00
a) Subtotal Direct Labor Costs $8.00
b) Anticipated Salary Increases(see page 2 for sample)
c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $677,488.00
FRINGE BENEFITS
d) Fringe Benefits(Rate: 0.00%) e)TOTAL FRINGE BENEFITS 0.00
[(c)x(d)] $
INDIRECT COSTS 0.00
f) Overhead(Rate: %) g)Overhead[(c)x(f)] $
h) General and Administrative(Rate: 80%) i)Gen&Admin[(c)x(h)] $ 541,990.40
j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 541,990.00
FEE(Profit) k)TOTAL FIXED PROFIT[(c)+(j)]x(q)] $ 109,753.00
q)(Rate: 9/o
OTHER DIRECT COSTS(ODC)
Description Unit(s) Unit Cost Total
1) Travel/Mileage Costs(supported by consultant 0.00
actual costs) $ $
m) Equipment Rental and Supplies(itemize) 2 $ 9,000 $ 18,000.00
n) Permit Fees(itemize),Plan sheets(each),Test
Holes(each),etc. (binders for the filing system,reproducing plans and specifications for all team members,any incidental costs
incurred before the Contractor sets up the construction office) $ 2,500.00
q) Subconsultant Costs(attach detailed cost proposal
in same format as prime consultant estimate for subconsultant: DESI $ 20,994.76
Converse $111,900.38
David Evans $165,000.00
o) CIDH Pile Testing $ 5,000.00
p) Environmental Monitoring $20,000.00
$ 322,895.14
p)TOTAL OTHER DIRECT COSTS[(I)+(m)+(n)+(o)] $ 343,395.00
TOTAL COST[(c)+(j)+(k)+(p)] $ 1,672,626.00
NOTES:
• Employees subject to prevailing wage requirements to be marked with an*.
• ODC items should be based on actual costs and supported by historical data and other documentation.
• ODC items that would be considered"tools of the trade"are not reimbursable.
• ODC items should be consistently billed directly to all clients,not just when client will pay for them as a direct cost.
• ODC items when incurred for the same purpose,in like circumstances,should not be included in any indirect cost pool or in overhead rate.
COST PROPOSAL Page 2 of 2
ACTUAL COST-PLUS-FIXED FEE CONTRACTS
Consultant FALCON Engineering Services, Inc. Contract No. 8914 Date 10/03/2016
1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours)
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 5000 = $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year(Multiply estimate%each year by total hours)
Estimated'Yo Completed Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% * 5000 = 750 Estimated Hours Year 3
Year 4 15.0% * 5000 = 750 Estimated Hours Year 4
Year 5 10.0% * 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000
4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2
Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4
Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1
Increase $0.00
NOTES:
• 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.
EXHIBIT 10-H
Local Assistance Procedures Manual Sample Cost Proposal
EXHIBIT 10-H SAMPLE COST PROPOSAL(EXAMPLE#1) Page I oft
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS
(DESIGN,ENGINEERING AND ENvIRONMF.NTAI.STUDII'S)
Note:Mark-ups are Not Allowed
Consultant Dynamic Engineering Services,Inc. Contract No.
8914 Date 10/3/2016
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
Electrical Inspector John Kannor or Leon Fuentes 136 $ 57.50 $ 7,820.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
LABOR COSTS $ 7,820.00
a) Subtotal Direct Labor Costs $ 0.00
b) Anticipated Salary Increases(see page 2 for sample)
c)TOTAL DIRECT LABOR COSTS [(a)+ (b)] $ 7,820.00
FRINGE BENEFITS
d) Fringe Benefits(Rate:43.33% ) e)TOTAL FRINGE BENEFITS
((c)x(d)] $ 3,388.41
INDIRECT COSTS 524 83
f) Overhead(Rate: 70,65°0) g)Overhead [(c)x(f)] $ 5~
h) General and Administrative(Rate:10.00%) i)Gen&Admin[(c)x(h)] $ 782.00
j)TOTAL INDIRECT COSTS Re)+(g)+(i)] $ 9,695.24
FEE(Profit)
q)(Rate: 10.00% ) k)TOTAL FIXED PROFIT [(c)4 (j)]x(q)]S
OTHER DIRECT COSTS(ODC)
Description Unit(s) Unit Cost Total
I) Travel/Mileage Costs(supported by consultant
3200 $0.54 $1,728.00
actual costs)
m) Equipment Rental and Supplies(itemize) $ $0.00
n) Permit Fees(itemize),Plan sheets(each),Test $0.00
Holes(each),etc.
o) Subconsultant Costs(attach detailed cost proposal
in same format as prime consultant estimate for $0.00
each subconsultant)
p)TOTAL OTHER DIRECT COSTS[(I)s (m)+ (n)+(o)] $ 1,728.00
TOTAL COST[(c)-t (j)+(k)4 (p)] $ 20,994.76
NOTES:
• Employees subject to prevailing wage requirements to he marked u ith an•.
• ODC items should he based on actual costs and supported by historical data and other documentation.
• ODC items that would be considered"tools of the trade"are not reimbursable.
• ODC items should he consistently billed directly to all clients,not just when client will pay for them as a direct cost.
• ODC items when incurred for the saute purpose.in like circumstances,should not be included in any indirect cost pool or in
overhead rate.
Page 1 of 5
LPP 15-01 January 14,2015
■ t
4
i
i
S
EXHIBIT 10-H
Local Assistance Procedures Manual Sample Cost Proposal
EXHIBIT 10-H SAMPLE COST PROPOSAL(EXAMPLE#1) Page 2 of 2
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS
(SAMPLE CALCULATIONS FOR ANTICIPA I ii)SALARY INCREASES)
Consultant Dynamic Engineering Services.Inc. Contract No. 8914 Date 10/3/2016
1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours)
Avg 5 Year
Total Hours per
Direct Labor
Subtotal per Cost Cost Proposal Hourly Contract
Rate Duration
Proposal
S 19,624.25 136 = S 144.30 Year I Avg
Hourly Rate
2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year 1 S 144.30 -+ 0.00% = S 144.30
Year 2 $ 144.30 + 0.00% _ $ 144.30
Year 3 S 144.30 + 0.00% = S 144.30
Year 4 $ 144.30 -1 0.00% _ S 144.30
3. Calculate estimated hours per year(Multiply estimate%each year by total hours)
Estimated%Completed Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 _ 0.0% * _ 0 0
Year 2 0.0% * 0 --
Year 3 0.0% * — 0
Year 4 0.0% _ * 0
Year 5 0.0%
Total 0% --
4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 S 144.30 * 0 = S 0.00
Year 2 $ 144.30 * 0 = $0.00
Year 3 _ 5 144,30 * 0 = S 0.00
Year 4 $ 144.30 * 0 = $0.00
Year 5 S 144.30 * 0 = S 0.00
Total Direct Labor Cost with Escalation = S 0.00
Direct Labor Subtotal before Escalation = S 19.624.25
Estimated total of Direct Labor Salary = Transfer to Page 1
Increase 0.00
j
NOTES:
• This is not the only way to estimate salary increases.Other methods will he 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=S25.000 is not an acceptable methodology)
• This assumes that one year will he worked at the rate on the cost proposal before salary increases are granted.
Page 2 of 5
January 14,2015
LPP 15-01
COST PROPOSAL Page 1 of 2
ACTUAL COST-PLUS-FIXED FEE CONTRACTS
Consultant Converse Consultants Contract No. 8914 Date 10-03-16
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total
(PIC Hashmi Quazi 10 $ 129.01 $ 1,290.10
(Project Manager) Jordan Roper 80 $ 33.65 $ 2,692.00
(Field Engineer) Antonio Maciel 40 $ 23.08 $ 932.20
(Field Tech/Insp.) William Kowalski 150 $ 42.63 $ 6,394.50
(Field Tech/Insp.) William Kowalski 150 $ 44.41 $ 6,661.50
(Field Tech/Insp.) Gerardo Portea 120 $ 42.63_ $ 5,115.60
(Field Tech/Insp.) Gerardo Portea 120 $ 44.41 $ 5,329.20_
(Lab Tech.) Michael Padgett 40 $ 25.70_ $ 1,028.00
(Lab Tech.) Sony Pheng 40 $ 13.50 $ 540.00
(Office Admin.) Danielle Ertl 30 $ 28.32 $ 849.60
LABOR COSTS $ 30,823.70
a) Subtotal Direct Labor Costs $ 0.00
b) Anticipated Salary Increases(see page 2 for sample)
c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $ 30,823.70
FRINGE BENEFITS
d) Fringe Benefits(Rate: 3124%) e)TOTAL FRINGE BENEFITS
[(c)x(d)] $_ 9,629.32
INDIRECT COSTS
f) Overhead(Rate:117.92/o o ) g)Overhead[(c)x(f)] $ 36,347.31
h) General and Administrative(Rate: 28.24%) i)Gen&Admin[(c)x(h)] $ 8,704.61
j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 45,051.92
FEE(Profit)
q)(Rate: 9.00%) k)TOTAL FIXED PROFIT [(c)+(j)]x(q)] $ 7,695.44
OTHER DIRECT COSTS(ODC)
Description Unit(s) Unit Cost Total
1) Travel/Mileage Costs(supported by consultant 0.00
actual costs) $ $
m) Laboratory Testing Services Costs $ $ 18,700.00
n) Permit Fees(itemize),Plan sheets(each),Test $ $ 0.00
Holes(each),etc.
o) Subconsultant Costs(attach detailed cost proposal
in same format as prime consultant estimate for
each subconsultant) $ $ 0.00
p)TOTAL OTHER DIRECT COSTS[(I)+(m)+(n)+(o)] $ 18,700.00
TOTAL COST[(c)+(j)+(k)+(p)] $ 111,900.38
NOTES:
• Employees subject to prevailing wage requirements to be marked with an*.-
• ODC items should be based on actual costs and supported by historical data and other documentation.
• ODC items that would be considered"tools of the trade"are not reimbursable.
• ODC items should be consistently billed directly to all clients,not just when client will pay for them as a direct cost.
• ODC items when incurred for the same purpose,in like circumstances,should not be included in any indirect cost pool or in overhead
rate.
i
COST PROPOSAL Page 2 of 2
ACTUAL COST-PLUS-FIXED FEE CONTRACTS
Consultant Converse Consultants Contract No. 8914 Date 10-03-16
1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours)
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 5000 = $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%)
Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year(Multiply estimate%each year by total hours)
Estimated%Completed Total Hours per Cost Total Hours per
Each Year Proposal Year
Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% * 5000 = 750 Estimated Hours Year 3
Year 4 15.0% * 5000 = 750 Estimated Hours Year 4
Year 5 10.0% * 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000
4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2
Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4
Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1
Increase $0.00
NOTES:
• 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.
ATTACHMENT B-Page 2 of 2
Consultant ors ubcons ulta nt Converse Consultants
Contract No. 8914 Date 5/5/2016
SCHEDULE OF OTHER DIRECT COST ITEMS Unit Unit Cost COSt To
-- - Description of Items 5 $ Cost $ Total
A, Reproducton and Binding 0 $ 30.00 $ -
C. M ender 1200 $ 0.58 $ 690.00
C. Mileage 6e 2 $ 150.00 $ 300.00
D. AST C 28- Uncompacted Meth Void Content t it,Relative Density ew 4 $ 160.00 $ 640.00
E. ASTM C Lab Test Test Method
ofletDe Sieve Relative Foend Coarse Absorption of Fine Aggregate 15 $ 160.00 $ 2,400.00
F, Caltrans Lab Test 202-Method of Testfor Sieve Analysis of F lne and Coarse Aggregates 2 $ 175.00 $ 350.00
G. Caltrans Lab Test 205-Method of Testfor Determining Percentage of Crushed Particles 2 $ 23000 $ 350.00
H. C alb-ens Lab Test 211-Abrasion of Coarse Aggregate by Use of the Los Angeles Abrasion Testing Machine 2 $ 200.00 $ 400.00
I. Caltrans Lab Test 214-Method of Testfor Soundness of Aggregates by Use of S odium Sulfate 8 $ 180.00 $ 1400.00
1. Caltrans Lab Test 216-Method of Testfor Relative Compaction of Untreated and Treated Soils and Aggregates 4 $ 11000 $ 440.00
K. Caltrans Lab Test 217-Method of Test for Sand Equivalent 4 $ 10.00 $ 440.00
L. Caltrans Lab Test 226/370-Method ofTestfor Determination of Moisture Content of Soils and Aggregates 1 $ 150.00 $ 13500
M. Caltrans Lab Test 227-Method of Test for Evaluating Cleanness of Coarse Aggregate 2 $ 130.00 $ 360.00
N. Caltrans Lab Test 229-Method of Test for Durability Index
31000 $ mom
O. C Cleans Lab Test 301-Method of Test for Determining the Resistance"R"Value of Treated and Untreated Bases,S ubbases and Basement S oils by the S tebilometer 1 $ 260.00 $ 260.00
P. Caltrans Lab Test 304-Method of Preparation ofHMA for Test peclmens 1 $ 9500 $ 60.00
Q. Caltrans Lab Test 308-Method of Testfor Determining Bulk Specific Gravity and Density of Compacted Hot Mix Asphalt 1 $ 175.00 5 175.00
R. Caltrans Lab Test 309-Method of Testfor Theoretical Maximum Specific Gravity and Density of Hot Mix Asphalt 1 $ 175.00 $ 34500
S. Caltrans Lab Test 366-Method of Testfor 5tabilometer Value ._ - -_ - - - 2 $ 50.00 $ 100.00
T. Caltrans Lab Test 367-Method ofTestfor Determining Optimum Bitumen Content(OBC) 0 $2,350.00 $
U. Caltrans Lab Test 371-Method of Testfor Resistance of Compacted Bituminous Mixture to Moisture Induced Damage - - ---
- - - - 2 $ 230.00 $ 46000
V. Caltrans Lab Test 382-Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method 2 $ 230.00 $ 69000
W. Caltrans Lab Test 382-Determination of Asphalt Content of Bituminous Paving_Mixtures by the Ignition Method(Correction Factor) _ _ _
-- 260 $ 25.00 $ 6,500.00
X. Celt-ens Lab Test 523-Method of Testfor Compressive Strength of C ncrete Molded Concrete Cylinders 10 $ 105.00 $ 1,05000 V. Caltrans tab Tent 523 of Testfor Flexural tendL of Concrete --- - - -- _ 1 $ 150.00 $ 150.00
Z. Caltrans Lab Test 643-Method for Determining Field and laboratory Resistivity and pH Measurements for S oil and Water $18,700.00
TOTAL ODC's=
IMPORTANT NOTES:
1.List direct cost Items with estimated costs.These costs should be competitive in their respective Industries and supported with eppropnate document lions.
2.Proposed items should be consistently billed directly to all clients(C ommercial entities,Federal Gout,S tate Govt,and Local Gout Agency),and not just when the client will pay for them as a direct cost
3.Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in overhead rate.
4.Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice)
5.Items listed above that would be considered'tools of the trade are not reimbursable as otherdirectcosts.
6.Travel related costs should be pre-approved by the contracting agency.The rates should notexceed the State Department of Personnel Administration(DPA)requirements.
7.If mileage is claimed,the rate should be supported by the consultants calculation of their actual costs for company vehicles.In addition,the claimed should be supported by mileage logs.
8.H a consultant proposes rental costs fora vehicle,the company must demonstrate that this is their standard procedures for all of their contracts and that they do not own any vehicles that could be used
for the same purpose.
•
•
i
Exhibit 10-H
Local Assistance Procedures Manual Cost Proposal
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED-FEE CONTRACTS
(Construction Management-Surveying)
8914
Consultant: David Evans and Associates, Inc. Contract No.: Date: 12/22/2016
DIRECT LABOR - -
Classification/Title Name Hours Actual Hourly Rate Total
Survey Manager Robert D.Vasquez 21 $64.80 $1,360.80
Survey Party Chief* Jerry Woodrow 525 $49.83 $26,160.75
Survey Party Chief* Duane Balderston $46.11 $0.00
Survey Instrumentman* David Figueredo 490 $43.61 $21,368.90
Survey Instrumentman* Jeffrey Bolton $43.61 $0.00
Survey Analyst Ken Murto $41.00 $0.00
Survey Analyst John"Jay" Bentley 90 $46.50 $4,185.00
Sr Survey Analyst David Crosswhite 6 $54.60 $327.60
Project Coordinator Dolores Moriera 10 $30.80 $308.00
Project Admin Teresa Nelson _ 5 _ $31.16 - $155.80
LABOR COSTS
a) Subtotal Direct Labor $53,866.85
b) Anticipated Salary Increases
c) TOTAL DIRECT LABOR COSTS $53,866.85
FRINGE BENEFITS
d) Fringe Benefits: 61.39% e) TOTAL FRINGE BENEFITS $33,068.86
INDIRECT COSTS
f) Overhead Rate: 120.10% g) Overhead $64,694.09
h) General and AdminRate: 0.33% j)i) Gen TOTAL 177.76
INDIRECT COSTS $64,871.85
FIXED FEE(Profit)
n) Rate:
8.00% k) TOTAL PROFIT $12, 60
TOTAL LABOR COSTS $163,952.16
OTHER DIRECT COSTS(ODC)
I) Travel/Mileage/Vehicle $1,047.84
m) Equipment-Scanner
n) Permit Fees
o) Subconsultant Costs
p)TOTAL OTHER DIRECT COSTS $1,047.84
* Mileage is based on TOTAL COST $165,000.00
the current IRS rate of
$0.54/mile. (1,916 X
$0.54)
Page 1 of 2
r•ir �
NOTES:
• Employees subject to prevailing wage requirements to be marked with an'.
• ODC items should be based on actual costs and supported by historical data and other documentation.
• ODC items that would be considered"tools of the trade"are not reimbursable.
• ODC items should be consistently billed directly to all clients,not just when client will pay for them as a direct cost.
• ODC items when incurred for the same purpose,in like circumstances,should not be included in any indirect cost pool or in overhead rate.
• Travel related costs should be pre-approved by the contracting agency.The rates should not exceed the State Department of Personnel
Administration(DPA)requirements.
Page 2 of 2
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Service Provider shall procure and maintain the
following scope and limits of insurance:
Only the following "marked" requirements are applicable:
X _ Commercial General Liability (CGL): Insurance written on an occurrence
basis to protect Service Provider and City against liability or claims of liability which may
arise out of this Agreement in the amount of one million dollars ($1,000,000) per
occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001). There shall be no
endorsement or modification of the CGL limiting the scope of coverage for either
insured vs. additional insured claims or contractual liability. All defense costs shall be
outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less
than $1,000,000 for injuries, including accidental death, to any one person, and subject
to the same minimum for each person, in an amount not less than one million dollars
($1,000,000) for each accident, and property damage insurance in an amount of not
less than one million dollars ($1,000,000). A combined single limit policy with aggregate
limits in an amount of not less than $2,000,000 shall be considered equivalent to the
said required minimum limits. Coverage shall tL abilty,ancluding code 1
Services Office form number CA 0001 covering Automobile
"any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the
City.
X Workers' Compensation Insurance: Workers' Compensation insurance that
includes a minimum of one million dollars ($1,000,000) of employers' liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of
subrogation against the City and its respective elected officials, officers, employees,
agents and representatives. In the event a claim under the provisions of the California
Workers' Compensation Act is filed against City by a bona fide employee of Service
Provider participating under this Agreement, Service Provider is to defend and
indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate
to the Service Provider's profession in an amount not less than one million dollars
$1,000,000 per occurrence. This coverage may be written on a "claims made" basis,
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and must include coverage for contractual liability. The professional liability insurance
required by this Agreement must be endorsed to be applicable to claims based upon,
arising out of or related to Services performed under this Agreement. The insurance
must be maintained for at least three (3) consecutive years following the completion of
Service Provider's services or the termination of this Agreement. During this additional
three (3) year period, Service Provider shall annually and upon request of the City
submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the
insurer or either Party to this Agreement, reduced in coverage or in limits except after
30 days' prior written notice by certified mail, return receipt requested, has been given to
City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by
City, and its respective elected and appointed officers, officials, employees or
volunteers, shall apply in excess of, and not contribute with, Service Provider's
insurance.
c. Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
d. Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
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provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
e. The insurer waives all rights of subrogation against the City,
its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1. Service Provider shall furnish certificates and endorsements from
each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers, or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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