HomeMy WebLinkAboutContract 1733 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ALBERT A. WEBB ASSOCIATES
FOR THE DESIGN OF
CIP 6514—TRAFFIC SIGNAL IMPROVEMENTS (HSIP CYCLE 8)
This Agreement for Design Professional Services ("Agreement") is entered into
as of July 26, 2017 ("Effective Date") by and between the City of Cathedral City, a
municipal corporation ("City") and Albert A. Webb Associates, ("Design Professional").
City and Design Professional 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 the
engineering and environmental services defined and described particularly in Section 2
of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design
Professional'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 Design Professional Services Agreement and the City Manager has
authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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.
Subject to the provisions of Section 19 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for nine months commencing on the
Effective Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Design Professional agrees to perform the services
set forth in Exhibit "A" "Scope of Work" (hereinafter, the "Services") and made a part of
this Agreement by this reference. Services include the design of Street improvements
for CIP 8659—Vista Chino East and CIP 8660 -Vista Chino West.
(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 Design Professional 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 Design Professional to continue
performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 "Administration and Implementation" or Section 27
"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. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Design Professional the amounts specified in Exhibit "B" "Cost Proposal" and made a
part of this Agreement by this reference. The total compensation, for CIP 6514 —
Traffic Signal Improvements (HSIP Cycle 8), including reimbursement for actual
expenses, shall not exceed One Hundred Sixty-Eight Thousand, Three Hundred Eighty
Dollars ($168,380), unless additional compensation is approved in writing in
accordance with Section 25 "Administration and Implementation" or Section 27
"Amendment" of this Agreement.
(b) Each month Design Professional shall furnish to City a separate, original
invoice for all work performed and expenses incurred during the preceding month for
each CIP Project. The invoices shall detail charges by the following categories: labor
(by sub-category), travel, materials, equipment, supplies, and sub-contractor
Professional contracts. Sub-contractor Professional invoices shall be detailed in the
same manner as Design Professional invoice. City shall independently review each
invoice submitted by the Design Professional to determine whether the work performed
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and expenses incurred are in compliance with the provisions of this Agreement. In the
event that no charges or expenses are disputed, the invoice shall be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Design
Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by
Design Professional which are disputed by City, City will use its best efforts to cause
Design Professional to be paid within forty-five (45) days of receipt of Design
Professional's correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Design
Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional's work under
this Agreement, either during performance or when completed. City shall reject or
finally accept Design Professional's work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional'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 Design Professional's work by City shall not
constitute a waiver of any of the provisions of this Agreement including, but not limited
to, Section 15 "Indemnification" and Section 16 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Design Professional 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 Design Professional. Upon
completion, expiration or termination of this Agreement, Design Professional shall turn
over to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
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 Design Professional in the course of providing the Services pursuant to
this Agreement, Design Professional's guarantees and warranties in Section 9
"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.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records
demonstrating or relating to Design Professional'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 Design Professional
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of 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 Design
Professional's address indicated for receipt of notices in this Agreement.
(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 Design Professional'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.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Design Professional 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
Design Professional shall at all times be under Design Professional'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 Design Professional
or any of Design Professional's officers, employees, or agents except as set forth in this
Agreement. Design Professional shall not at any time or in any manner represent that
Design Professional or any of Design Professional's officers, employees, or agents are
in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional'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. Design Professional
expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
(a) Design Professional 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. Design Professional
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, Design
Professional shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing services similar to the Services required of
Design Professional under this Agreement, and shall use such skill, prudence, and
diligence as other members of Design Professional'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 Design Professionals
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) Design Professional 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.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing
wage laws apply to any land surveying work performed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional 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 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design
Professional's performance of the Services. Design Professional 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. Design Professional 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.
(b) City may determine that Design Professional 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, Design Professional
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 Design Professional 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. Design
Professional 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 Design Professional 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.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Design Professional in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Design Professional. Design
Professional 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.
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(b) Design Professional, 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 Design Professional gives City notice of
such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of
Design Professional, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Design
Professional for any damages, costs and fees, including attorney's fees, caused by or
incurred as a result of Design Professional's conduct.
(d) Design Professional shall promptly notify City should Design Professional,
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 Design Professional or be present at any
deposition, hearing or similar proceeding. Design Professional agrees to cooperate
fully with City and to provide City with the opportunity to review any response to
discovery requests provided by Design Professional. However, this right to review any
such response does not imply or mean the right by City to control, direct, or rewrite said
response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code
Section 2782.8, Design Professional 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 Design Professional, its officers, agents, employees or sub-
consultants (or any entity or individual that Design Professional 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 Design
Professionals, and Design Professional, 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. Design Professional 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
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or entity involved by, for, with or on behalf of Design Professional in the performance of
this Agreement naming the Indemnified Parties as additional indemnitees. In the event
Design Professional fails to obtain such indemnity obligations from others as required
here, Design Professional 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 Design Professional and shall survive the termination of
this Agreement or this section.
(c) City's Nealicgence. 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 16. INSURANCE.
Design Professional 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 form and content. These requirements are subject to amendment or
waiver if so approved in writing by the City Manager. Design Professional agrees to
provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design
Professional under this Agreement. In recognition of that interest, Design Professional
shall not assign or transfer this Agreement or any portion of this Agreement or the
performance of any of Design Professional'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 19 "Termination of Agreement." City acknowledges,
however, that Design Professional, in the performance of its duties pursuant to this
Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability
and continuity of Design Professional's staff and subcontractors, if any, assigned to
perform the Services. Design Professional shall notify City of any changes in Design
Professional's staff and subcontractors, if any, assigned to perform the Services prior to
and during any such performance.
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SECTION 19. 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 Design Professional. In the event
such notice is given, Design Professional shall cease immediately all work in progress.
(b) Design Professional may terminate this Agreement for cause at any time
upon thirty(30) days written notice of termination to City.
(c) If either Design Professional or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Design
Professional, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Design Professional or City,
all property belonging exclusively to City which is in Design Professional's possession
shall be returned to City. Design Professional shall furnish to City a final invoice for
work performed and expenses incurred by Design Professional, prepared as set forth in
Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice
shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation
and Method of Payment" of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this
Agreement, the City shall not have any obligation or duty to continue compensating
Design Professional for any work performed after the date of default. Instead, the City
may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design
Professional 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 Design Professional does not cure the default, the City may take necessary
steps to terminate this Agreement under Section 19 "Termination of Agreement." Any
failure on the part of the City to give notice of the Design Professional'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 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any
delays due to such causes.
SECTION 22. 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 Design Professional in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Albert A. Webb Associates
Attn: Bruce Davis, P.E., Sr. VP
3788 McCray Street
Riverside, CA 92506
Notice shall be deemed effective on the date 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.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design
Professional represents and warrants that he/she/they has/have the authority to so
execute this Agreement and to bind Design Professional to the performance of its
obligations hereunder.
SECTION 25. 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 27 "Amendment" and the City
Manager's contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made
in writing and approved by the Design Professional 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.
SECTION 28. 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 Design Professional shall not constitute a waiver of any of the provisions of
this Agreement.
SECTION 29. 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.
SECTION 30. 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 31. 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 Design Professional and City prior to the
execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid
and binding.
SECTION 32. 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
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).
SECTION 33. 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.
r+ •F C / D CITY ALBE;T A. WEB SSOCIATES
dziP
Charles P. McClendon By: i�� A411
CityManager 9 Its: SQ. V rGt 4631 11 fA/!'
ATTEST: khell)
By: Tx LE-SH S'-cETh
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Gary F. Howell
City Clerk
APPROVED •S TO '•RIS
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL'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 DESIGN PROFESSIONAL'S BUSINESS ENTITY.
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S
ACKNOWLEDGMENT
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.
State of California
County of Riverside )
On August 9th, 2017 before me, Deborah May - Notary Public
(insert name and title of the officer)
personally appeared Bruce Davis
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/tee
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ioa), and that by his/her/their signature(s) on the instrument the
person(8), or the entity upon behalf of which the person(e) acted, executed the 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. ,�_ DEBORAH C. MAY
COMM. #2117166 33
'chi 't rf NOTARY PUBLIC CALIFORNIA m
` / ` RIVERSIDE C.6 ` :r/t/
CJ m,., MyCommExpiresJuly 23,2019OUNTY
�d' (Seal)
ACKNOWLEDGMENT
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.
State of California
County of Riverside )
On August 9th, 2017 before me, Deborah May - Notary Public
(insert name and title of the officer)
personally appeared Dilesh Sheth
who proved to me on the basis of satisfactory evidence to be the person(S)whose name(6) is/are-
subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in
his/MT/their authorized capacity(ies), and that by his/her/their signature(e)on the instrument the
person(a), or the entity upon behalf of which the person(g) acted, executed the 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. ,e"-< DEBORAH C. MAY
COMM. #2117166
in. `3 NOTARY PUBLIC CALIFORNIA m
¢ I RIVERSIDE COUNTY
My Comm.Expires July 23.20191
SignatureV' (Seal)
SECTION B. SCOPE OF WORK
0
WEBB's familiarity with City standards as well as Caltrans' LAPM and CA-MUTCD requirements and needs
will result in efficient work flow and smooth collaboration for the City. The scope of work will consist of the
preparation of Environmental Documents and Technical Studies and all other related documents and/or reports,
to comply with applicable local, state and federal regulations, policies, procedures, manuals and standards
necessary to obtain CEQA/NEPA environmental approvals reparation of Plans, Specifications and Estimates
(PS&E)for the project,and construction support.
A. GENERAL
TASK ,TASK DESCRIPTION DELIVERABLES
1.Meetings WEBB's project manager and design engineer will field review all 20 locations • Meeting agenda
to identify and list critical issues to discuss at the kick-off meeting and obtain • PDT meeting
guidance from the City.This will require less City Staff time later on. Agendas
• Quality Control Plan
WEBB will schedule, chair,and prepare meeting agendas and minutes for all
meetings.The agendas are to be submitted to the City for review five working
days before the meeting. The minutes shall be distributed to all attendees,
everyone who was invited,and the City's Project Manager within five working
days after the meeting.The minutes shall include,but not be limited to a list of
attendees with phone numbers and E-mail,synopsis of discussion items,any
pertinent information,action Items,and follow-up to action items.
WEBB will attend City Council meetings as required.WEBB will assist the City
Staff for preparation of City Council meetings.
2. Coordinate with WEBB will attend CVAG Regional Traffic Signal Interconnect Master Plan • Project and
CVAG Regional meetings. WEBB will make sure project equipment will be compatible with Regional •
Traffic Signal equipment selected for the regional project. Specification
Synchronization Comparison
Master Plan
3.Schedule WEBB will develop the four month design schedule. The schedule shall be • Project Schedule
provided to the City in both digital and hard copy.An updated schedule is to be • Critical Issues
handed out during the PDT Meetings.The project schedule will be divided into
tasks and subtasks in full detail including,but not limited to utility relocation(if
needed), City function timeline, critical path, and other outside sources such
as Caltrans review. Some of the tasks shall be, but not limited to planning,
environmental, design, relevant City Council meetings, Caltrans review, City
review,advertising,equipment order,and construction.
The environmental procedure will be in compliance with the Caltrans LAPM and
the project will need approval from Caltrans.The schedule will include traffic
signal equipment order and delivery timings.The schedule will also include
notice to proceed for equipment order and construction.
B. PHASE I —PLANNING, ENVIRONMENTAL, AND CONCEPTUAL DESIGN (35% COMPLETE)
TASK TASK DESCRIPTION DELIVERABLES
1.Traffic Counts WEBB's subconsultant has a good database of counts.WEBB will coordinate and ! • Traffic Counts
and Level of obtain recent counts for project intersections. If the subconsultant doesn't have • Traffic Analysis for
Service Analysis recent counts,they will collect counts.WEBB will use SYNCHRO APD and SIMTraffic Caltrans
for Level of Service Analysis.
2.Research Our traffic signal design experience has shown that you can't rely 100%on as-built • Base Drawing
of Record drawings.It is very important to field verify signal equipment.WEBB will ask the for Traffic Signal
Information City for assistance in opening traffic controller cabinet and pull boxes to verify Design with
equipment within the cabinet,number and size of conduits,and cables.WEBB will Utilities
meet with the City's Traffic Maintenance Staff in the field to identify the equipment
the City would like to re-use,remove and salvage,and remove and discard.
WEBB will provide engineering services related to the research and investigation
of utilities.WEBB will coordinate with the City to obtain copies of available pertinent
City records,such as street plans,traffic signal plans,and signing&striping plans
the City knowingly has in its possession.
3.Environmental NEPA Documentation • PES Form
WEBB's scope of work is based on our ongoing experience with Caltrans DLAE and • NEPA
assumes that no additional checklists or technical documentation will be required Documentation
by Caltrans to approve the PES Form,except as provide below.Due to the lack of • CEQA
disturbance to native soils,technical studies are not expected to be needed. Documentation
• Conduct a preliminary environmental investigation necessary to complete the I • Recommendations
PES Form (Exhibit 6-A of the Local Assistance Procedures Manual (LAPM))
per the instructions in Exhibit 6-B of the LAPM and Volume 1 of the Caltrans
Environmental Handbook (also referred to as the Standard Environmental
Reference(SER))
• Submit the PES Form with all required Caltrans attachments to the City for
review prior to submittal to the District Local Assistance Engineer (DLAE),
pursuant to Section 6.4 of the LAPM. One round of revisions will be made
prior to submittal to Caltrans
• Submit the PES Form with attachments to Caltrans for review
• NEPA Categorical Exemption and Environmental Commitments Record
• Coordination with Caltrans
CEQA Documentation
Complete a Categorical Exemption while the PES is being reviewed by Caltrans.
It is anticipated that because the project consists of improvements to existing
intersections with no ground disturbance, it will meet the requirements of a
Categorical Exemption in the CEQA Guidelines and a Notice of Exemption can be
prepared.
WEBB will prepare a Notice of Exemption pursuant to the CEQA Guidelines
Appendix E Notice of Exemption Form and City procedures.WEBB will complete
the tasks to prepare and process a Notice of Exemption(NOE)for the project.
Assumptions:
• All 20 intersections will be evaluated and processed through Caltrans as one
project
• No technical studies or checklists will be required by the City
• The PES Form will be limited to one rounds of revisions
81
B. PHASE I—PLANNING, ENVIRONMENTAL, AND CONCEPTUAL DESIGN (35% COMPLETE)cont rind
TASK TASK DESCRIPTION DELIVERABLES
4.Technology The CVAG has undertaken TSI master plan for the Coachella Valley to enhance • Concurrence from
Assessment existing and proposed traffic signal systems (communications, operations) to CVAG's Consultant
achieve inter-agency coordination, to implement traffic signal management on Consistency of
systems,to implement a system to ease operations and maintenance,and prepare Equipment.
agencies in the Coachella Valley for upcoming transportation technologies. • Controller,
r Communication
WEBB will ensure
proposed equipment upgrades are consistent with CVAG's and other upgrade
Regional Traffic Signal(TS!)Master Plan.WEBB has teamed up with Jaime Rodriguez recommendations
with Traffic Patterns LLC, who has over 20 years of experience in managing
transportation projects.
The main goal for this project is to reduce collisions and make these 20 intersections
safe for vehicles,bicycles,and pedestrians.WEBB and the Traffic Pattern Team will
ensure the City's goal is met first.if there is an additional budget left,this team has
the expertise to setup Cathedral City for future technologies.
A.Infrastructure Assessment
Traffic Patterns will inventory and document existing field and office traffic
signal infrastructure.This will assist our Team in providing a baseline for future
traffic signal improvements.The inventory will help advise staged improvement
options based on the city's near-term and long-term goals.
B.Communications Solutions
A robust and redundant communications network is critical for an efficient
traffic signal network and will help in the deployment of traditional ITS solutions
such.The more bandwidth available within the communications network will
helpiintegrating
n current and future Smart City/Connected Vehicle solutions.
The WEBB Team will evaluate Ethernet-over-Copper that can take advantage
of existing copper signal interconnect cables versus fiber optic upgrade and
possible wireless solutions.
C.ITS Applications
The WEBB Team will evaluate traditional ITS applications appropriate for
deployment including integrated video monitoring systems, Bluetooth vehicle
tracking, bicycle/pedestrian focused detection and counting solutions, and
central system solutions.ITS applications aimed at bicycle/pedestrian monitoring
and relatively new and new solutions are entering the market place regularly.
5.Utilities WEBB will conduct existing utility research for all utilities(underground,overhead, I • Utility Maps
Coordination dry, wet) within the project limits. The project will not require extensive utility
h because it doesn't require trenching or digging.
� I
6.Utility The project will not require potholing. • N,A
Potholing
7. Right-of-Way WEBB believes there will not be a need for right-of-way acquisition for the project. • N/A
WEBB will perform basic right-of-way research to ensure needed right-of-ways
are identified and provide Right-of-Way Certification for Caltrans project clearance
for authorization to proceed to construction.The improvement plans will show
existing property lines with all right-of-way and easement areas,assessor's parcel
numbers,addresses,owners,and/or types of businesses.
B. PHASE I — PLANNING, ENVIRONMENTAL, AND CONCEPTUAL DESIGN (35% COMPLETE) ccnfi7ued
TASK ,TASK DESCRIPTION DELIVERABLES
8.Preliminary WEBB will prepare conceptual layout plans showing proposed video/radar hybrid • Preliminary 35%
Design system, detection zones, and striping.WEBB will follow typical elements of the Design Plans
(Conceptual General Design Submission Requirements.
Layout Plans,
35%)
I i
9.Submittals WEBB will prepare preliminary cost estimate and submit to the City for review. • Preliminary Design
Plans and Cost
WEBB will submit two sets of bond copies of the preliminary design drawings with Estimate
each submittal for checking by the City,along with the previous red-lined check
prints.WEBB will perform quality control on all submittals.The design drawings
will be as complete,accurate,and error-free as possible before plan checking is
considered, in order to reduce the number of plan checks required and related
costs therefore to the City and WEBB.
WEBB will,at no cost to the City,correct errors,omissions,and unworkable and/or
improper design/drafting on original drawings,which are discovered subsequent
to the completion of plan checking process.
WEBB will submit PES documentation to the City for initial review. Upon City
review and addressing any comments,WEBB will submit the PES and supporting
documents to Caltrans District 8,DLAE for review.WEBB will address all Caltrans
comments in order to receive final approval.
10
C. PHASE II — ENGINEERING DESIGN— PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
TASK TASK DESCRIPTION DELIVERABLES
1.Improvement The street improvement plans,traffic signal plans,and striping plans shall be in • Traffic Signal and
Plan Preparation accordance with the current City Standard plans or standards approved by the Modification
City Engineer.Existing utilities shall be indicated in plan view.These plans shall • Traffic Signal and
be prepared at 1"=20'scale,on 24"x 36"improvement plan sheets,and shall ! Synchronization
consist of: Timing Plans for
AM Peak,Mid-Day,
A. Develop New Traffic Signal Timing Sheets and Update Synchronization and PM Peak
WEBB will obtain existing traffic signal and synchronization timing from the
City.WEBB will prepare the updated traffic signal and synchronization for the
City and coordinate with City Staff for implementation.
B.Title Sheet
WEBB will include the title sheet per current City requirements
C.Detail Sheets
WEBB will include typical sections and other details as required.
D.Traffic Signal Plans
WEBB will prepare updated base file using as-built plans, field topography,
and field review with the City Traffic Signal Maintenance Staff. The design
will include Countdown Pedestrian Heads, Ped Push Buttons,and Advanced
Dilemma-Zone Detection System. Traffic signal plans include traffic signal
modification plans for 20 intersections.
Striping and signing plans not needed.
2.Deliverables During plan review with each submittal, PDF files of individual plan sheets will • Traffic Signal Plans
be submitted.The final design deliverables shall include, but not be limited to • Specifications
providing improvement plans ink on Mylar ready for advertising and bidding,along • Bid Documents
with Specifications(including appendixes),and a complete Estimate,all wet seal • Cost Estimates
stamped and signed by a licensed California Civil Engineer.The design shall be in
compliance with current Federal and State Americans with Disabilities Act(ADA)
requirements,whichever is more restrictive.The design and scope of services
shall also include complete and detailed estimate of quantities,construction cost
estimate,answers to all questions regarding the design during design,bidding and
construction,review of the project site to ensure plans are drawn correctly,and
attendance at project related meetings,including the pre-construction meeting.
WEBB will monitor quality on all deliverables, calculations, and other work
products.WEBB will prepare a Quality Control Plan for use on the project,\and
submit a copy to the City within 30 calendar days of Notice-to-Proceed.This is not
a separate task,but shall be included as part of project management.The Plans,
Specifications,and Estimate must conform to the City of Cathedral City standards
and practices.
All drawings shall be prepared with AutoCAD Land Development Software or
design software that is compatible with the land development software approved
by the City.The design shall be plotted using permanent drafting ink on Mylar,
and drafted on 24-inch x 36-inch Mylar sheets. No"stick-ens"will be allowed.
The originals and the electronic data of these drawings are to be considered to
be the property of the City at all times,and shall be submitted to the City,along
with a CD-ROM disk in AutoCAD Land Development format upon completion or as
otherwise directed by the City.
C. PHASE II — ENGINEERING DESIGN—PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)continued
TASK TASK DESCRIPTION DELIVERABLES
2.Deliverables The City will provide WEBB with its boilerplate Specifications and Technical • Traffic Signal Plans
(continued Provisions in Microsoft Word format. WEBB will be responsible for compiling • Specifications
the Project Specifications including the project specific scope of work in the • Bid Documents
Technical Specifications and provide special Technical Provisions beyond the • Cost Estimates
City's standard Technical Provisions.The Specifications will be signed by WEBB's
Civil Engineer registered in the state of California that is complete and ready for
bidding purposes and awarding contracts for construction for the improvements.
The latest edition of the Green book will be used on the project,except for striping
and traffic signs.The technical portion of the Caltrans Standard Specifications will
be used for the striping and traffic signs.
Technical provisions for the bridge improvements based upon Caltrans Standard
Specifications (latest imperial units' specifications) and the latest Caltrans
Standard Special Provisions shall be incorporated into the City's bid documents.
Specifications for the project shall conform to the most recent applicable
standards and specifications from:
• City of Cathedral City
• Standard Specifications for Public Works Construction(Greenbook)
• State of California Transportation Department Standard Specifications and
Standard Plans(2015)
• WEBB will calculate the amount of liquidated damages using the City's
formula and determine the length of time in working days for construction
3.Submittals to WEBB will submit two sets of bond copies of the design drawings with each • Traffic Signal Plans
City,Agencies, submittal for checking by the City,along with the previous red lined check prints. • Conduit Fill
Utilities,Etc. The design drawings should be as complete,accurate,and error-free as possible Calculations
before plan checking is considered,in order to reduce the number of plan checks
required and related costs therefore to the City and consultant.Submittals shall
be 35%conceptual,65%,100%,and final.
i I
WEBB will submit two sets of quantity calculations with each submittal for
checking by the City,along with the previous checked calculations.
WEBB will submit two sets of the contract documents with each submittal for
checking by the City,along with the previous check prints.A disk in Microsoft Word
format containing the final contract documents shall be submitted to the City.
4. Final Estimate WEBB will provide a construction quantity and cost estimate with each submittal i • Cost Estimate
of Quantities of plans.The unit costs shall be based upon the most current cost information for
and Costs recent similar projects in the area compiled by WEBB and approved by the City.
WEBB will be required to periodically submit updated preliminary cost estimates
as design progresses.
I I
WEBB's final construction cost estimate shall be based upon,and in agreement
with,the final items of work with estimated quantities. Computations showing
estimated quantities and costs for each location of work as well as the sum totals
for each segment of the project and total project shall be submitted to the City
for review along with a set of plans showing items of work with quantities on
each sheet.Submission of computations does not relieve WEBB's responsibility of
submitting an accurate estimate of quantities.
121
C. PHASE II—ENGINEERING DESIGN—PLANS, SPECIFICATIONS,AND ESTIMATES (PS&E) continued
TASK TASK DESCRIPTION DELIVERABLES
5. Reproduction The City will have copies of the design drawings and contract specifications • Final Plans
of the Design reproduced for bidding purposes. • Specifications
Drawings • Cost Estimate
and Contract
Documents
6.Questions WEBB will answer questions regarding the technical provisions, the 1 • Response to RFIs
During design drawings, or conflicts in the design during the bidding process and
Bidding& pre-construction meeting.
Pre-Construction
Meeting WEBB will assist the City, at no charge, in preparation of addenda regarding
omissions or conflicts in the design.
D. PHASE III —CONSTRUCTION SUPPORT
TASK TASK DESCRIPTION DELIVERABLES
1. Pre-Construction WEBB will attend the Pre-construction meeting and answer questions regarding ;, • Response to RFIs
Meeting the technical provisions and the design drawings during the meeting.
2.Construction WEBB will be available to review design change requests and assist the City in • As-built Plans
issuing contract change orders.A line item shall be included in the proposal for • Response to RFIs
design change request during construction.
WEBB will be available to answer questions regarding the technical provisions,
the design drawings,or conflicts in the design during the construction,and assist
the City in issuing contract change orders regarding omissions or conflicts in the
design,at no charge to the City.Any design change due to errors/omissions,poor
design,and/or unclear construction shall be at WEBB's own cost.
Preparation of As-Built Drawings-WEBB will incorporate all redline comments
prepared by the contractor and project Inspector on the signed design plans.
The as-built drawings shall be provided to the City and approved prior to the
release of the final progress payment.WEBB will attach hanging file tabs to
the Mylar as-built drawings.A line item shall be included in the proposal for
as-built drawings.
•
•
1 13
OPTIONAL SCOPE OF WORK
TASK TASK DESCRIPTION DELIVERABLES
1.Smart City The WEBB Team identify Smart City applications that can integrated into the city's • Specifications
Applications ! traffic signal system network.Solutions that will be considered include parking and Cost
occupancy management systems, WIFI networks, and 3rd party cloud-based Estimate for
traffic signal data sharing platforms. Building or taking advantage of transitSmart City
agency partnerships introduce opportunities for better informing the public j Infrastructure
regarding transit location.Cloud platforms that integrate GPS position data for
transit vehicles in combination with traffic signal data would move Cathedral
City forward,Integrating GPS position data with city fleets including emergency
response vehicles can prove to be a critical element in future Emergency
Response Management.
2.Connected The WEBB Team will identify current practices across the country in deploying • Connected
Vehicle connected vehide applications in conjunction with traffic signal system j Vehicle
Applications upgrades.Connected Vehicles that receive the most attention include Dynamic Infrastructure
Short Range Communications(DSRC)solutions that are capable sharing limited Plan
traffic signal data to and through the environment with connected and self
driving automobiles.DSRC applications transmit Signal Phase and liming(SPAT)
data but SPAT data currently lacks detection data which is critical in supporting
future prediction data and in properly advising the status of roadway conditions
ahead of vehicle position.
Alternatives to DSRC equipment include Cloud Broadcast data solutions.
Depending on the central system selected by the City, more modem central
systems include Connected Vehicle modules that allow a City to directly
broadcast its signal and detection status information to managed accounts. It is
critical that the City understand the different in continually evolving connected
vehicle solutions because it will advise the basic central system decision.
Traffic Patterns currently consult to various technology companies across
California in developing and deploying connected vehicle applications.Our team
is best suited to help advise the City on solutions because we are directly involved
in the design and deployment of new solutions being introduced to the market.
141
SECTION E. PROJECT SCHEDULE
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31
ALBERT A.
WEBB
ASSOCIATES
Corporate Headquarters
3758 McCray Street
<iversice,CA 92596
9E1 666'97,x; June 27,2017
Palm Desert Office John A. Corella, PE
41-99Q Cork St,FiIl4 #831:3
y
'aim Desert,CA 9221 City Engineer
95' 686.1070 City of Cathedral City
Murrieta Office 67200 Avenida Lalo Guerrero
2;1870 Kairr a Street#160 Cathedral City, CA 92234
Jr rleta,CA 92.562
951.686.;070 RE: HSIP Traffic Signal Improvements(HSIP Cycle 8)-City Project No.6514
Dear Mr.Corella:
Albert A. Webb Associates (WEBB) is committed to providing the highest quality
service to the City of Cathedral City(City)and to the"on time"delivery of all aspects
of the HSIP Traffic Signal Improvements Project. We propose to conduct this work
for the total amount of$168,380.
We have enclosed the following items for the City's review:
• Breakdown of Cost
• Hourly Rate Schedule
I appreciate the opportunity to propose on this effort and welcome an opportunity to
answer any questions you may have regarding our team or capabilities.
Sincerely,
(,r
)„7/f _ --
Bruce Davis, PE-Senior Vice President
Albert A. Webb Associates
3788 McCray Street, Riverside,CA 92506
951.686.1070 bruce.davis@webbassociates.com
I.an Toe
www.webbassociates.com
BREAKDOWN OF COST
0
City of Cathedral City-Traffic Signal Improvements(HSIP Cycle 8)CP#6514 Federal Project#HSIPLN-5430(033)
c d
ea .171
4.
'- o r
M 7
Task Description 'at ti � ��pl c
c g2
0
T . 4 :1 _ ¢ ,a` uo , ro •'3 in ae i-
General
Task 1-Meetings
1.Kickoff Meeting 2 2 1 5 $ 810 $ 810
2.Project Development Team(PDT)Meetings(monthly) 6 2 8 $ 1,680 $ 1,680
3.City Council Meeting/Council Study Session 2 2 4 $ 720 $ 720
Task 2-Coordinate with CVAG Regional Traffic Signal Synchronization Study 8 8 16 $ 2,880 $ 2,880
Task 3-Schedule 2 2 4 $ 660 $ 660
GENERAL TOTAL_ 20 0 0 0 14 3 374$ 6,750_$ - $ - S 6,750
Phase I-Planning,Environmental,and Conceptual Design(35%Complete)
Task 1-Traffic Counts and Level of Service Analysis 4 24 4 32 $ 4,200 $ 6,700 $ 10,900
Task 2-Research and Record Information 4 60 8 72 $ 8,880 $ 8,880
Task 3-Environmental 4 8 12 48 8 80 $ 10,360 $150 $ 10,510
Task 4-Technology Assessment 4 4 4 12 $ 1,800 $ 9,800 $ 11,600
Task 5-Utilities Coordination 2 4 8 14 $ 1,680 $ 1,680
Task 6-Utility Potholing(Not Needed) 0 $ S
Task 7-Right of Way 12 4\ 16 $ 1,800 $ 1,800
Task 8-Preliminary Design(Conceptual Layout Plans,35%) 8 320 328 $ 40,320 $ 40,320
Task 9-Submittals 1 8 8 16 $ 1,680 $ 200 $ 1,880
PHASE I TOTAL 26 8 Ol 12 480 44 570 $ 70,720 $ 16,500 $ 350 $ 87,570
Phase II-Engineering Design-Plans,Specifications,and Estimates(PS&E)
Task 1-A-Develop New Traffic Signal Timing Sheets and Update Synchronization 4 80 4 88 $ 10,920 $ 10,920
Task 1-Improvement Plan Preparation(Traffic Signal) 8 380 8 396 $ 48,240 $ 48,240
Task 2-Deliverables 2 16 8 26 $ 3,120 $ 3,120
Task 3-Submittals to City,Agencies,Utilities,Etc. 2 2 4 $ 660 $ 660
Task 4-Final Estimate of Quantities and Cost 4 8 12 $ 1,920 $ 1,920
Task 5-Reproduction of the Design Drawings and Contract Documents 2 4 8 14 $ 1,680 $ 500 $ 2,180
Task 6-Questions During Bidding 2 2 2 6 $ 900 $ 900
PHASE II TOTAL 24 0 0 0 490 32 546 $ 67,440 $ - $ 500 $ 67,940
Phase Ill-Construction Support
Task 1-Pre-Construction Meeting 2 2 $ 480 $ 480
Task 2-Construction
a.Questions During Construction 8 16 4 28 $ 4,200 $ 4,200
b.Preparation of As-Built Drawings 2 8 10 $ 1,440 $ 1,440
PHASE III TOTAL 12 0 0 0 24 4 40/$ 6,120 $ - $ - $ 6,120
GRAND TOTAL 82 8 0 12 1008 83 1193 $151,030 $16,500 $850/ $168,380
HOURLY RATE SCHEDULE
0
ALBERT A.
WEBB
ASSOCIATES FEE SCHEDULE
RATES
CLASSIFICATION $/HOUR
Engineers/Project Managers/Planners/Scientists/
Assessment/Special Tax Consultants/Landscape Architects/Designers
Principal II 240.00
Principal I 220.00
Senior III
200.00
Senior II 190.00
Senior I 180.00
Associate III 170.00
Associate II 155.00
Associate I 145.00
Assistant V 130.00
Assistant IV 120.00
Assistant III 103.00
Assistant II 88.00
Assistant I 73.00
Survey Services
2-Person Survey Party 220.00
1-Person Survey Party 160.00
Inspection Services
Inspector(Non-Prevailing Wage) 110.00
Inspector(Prevailing Wage) 120.00
Administrative Services
Project Coordinator 90.00
Administrative Assistant III 80.00
Administrative Assistant II 70.00
Administrative Assistant I 55.00
Other Direct Expenses
Incidental Charges Cost+15%
Postage Cost
Special Consultant 325.00/Hour
Subcontracted Services Cost+15%
Survey/Inspection Per Diem 100.00/Day
Survey/Inspection Vehicle 0.81/Mile
Mileage 0.72/Mile
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
*A FINANCE CHARGE of 1)1 96 per month(1896 per year)will be added to any unpaid amount commencing thirty(30)days from invoice date. A
mechanic's lien may be filed for any invoice remaining unpaid after thirty(30)days from invoice date.
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 be at least as broad as
Insurance Services Office form number CA 0001 covering Automobile Liability,
including code 1 "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
C-1
$1,000,000 per occurrence. This coverage may be written on a "claims made" basis,
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.
C-2
d. Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
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.
C-3
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VICINITY MAP CITY OF CATHEDRAL CITY
ALBERT A. ENGINEERING CONSULTANTS
INTERSECTION LOCATIONS 'VI/ F 3768 McCRAY STREET
F RIVERSIDE CA. 9506
PH. (951) 686-1070
ASSOCIATES FAX (951) 788-1256
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