HomeMy WebLinkAboutC23310A CO3 - Monterey Interchange Ramp Modif. @ I-10 CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Approve Amendment No. 3 to Contract C22310A with RBF Consulting,
Inc., for Additional Design Services, and Approve Construction
Cooperative Agreement No. 8-1425 with the State of California
Department of Transportation for the Monterey Avenue Interchange
Ramp Modification Project on Interstate 10 (Project 669-02)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANTS: RBF Consulting, Inc.
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1655 �
California Department of Transportation
Caltrans, District 8
464 West 4th Street
San Bernardino, CA 92401-1400
DATE: February 26, 2009
CONTENTS: Contract Amendment No. 3
Request for Additional Services
Cooperative Agreement No. 8-1425
Project Scoping Form
Vicinity Map
Recommendation:
By Minute Motion:
1. Approve Amendment No. 3 to Contract C22310A with RBF Consulting,
Inc., (RBF) in the amount of $409,285 for additional design services to
complete plans, specifications and estimate, bidding, award, and
construction support services for the Monterey Avenue Interchange Ramp
Modification Project on Interstate 10;
2. Approve Cooperative Agreement No. 8-1425 between the City of Palm
Desert and State of California Department of Transportation (Caltrans) for
the construction phase of the Monterey Avenue lnterchange Modification
Project on Interstate 10; and
3. Authorize the Mayor to execute said Amendment No. 3 and Cooperative
Agreement No. 8-1425.
Staff Report
Amendment 3 to C22310A with RBF Consulting-Monterey I-10 Interchange PS&E
Page 2 of 4
February 26, 2009
Funds for Amendment No. 3 to the contract with RBF are available in Measure A,
Monterey Ramp Modification, Account No. 213-4389-433-4001. Funds identified in
Cooperative Agreement No. 8-1425 are included in FY 2009 Measure A, Monterey
Ramp Modification, Account No. 213-4389-433-4001 and I-10 at Monterey-Landscaping
Account No. 400-4646-433-4001. Additional Fund 213 funds will be requested in FY
2010 Budget to complete funding of the project.
Background:
On October 14, 2004, City Council approved Contract C22310A with RBF in the amount of
$237,055 for engineering services to prepare the plans, specifications and estimate (PS&E) for
the proposed westbound on and off-ramp modifications at the Monterey Interchange on
Interstate 10 (I-10). The ramp modifications consist of realigning the westbound I-10 off-ramp to
Varner Road and inserting a loop on-ramp from northbound Monterey Avenue to westbound I-
10. This will eliminate the congestion and queuing of vehicles entering westbound I-10 that is
experienced on northbound Monterey Avenue.
On July 13, 2006, City Council approved Amendment No. 1 to Contract C22310A in the amount
of$157,710 for additional engineering services to complete the PS&E including the design of an
unforeseen retaining wall, soundwall, and a future lane through the interchange. On March 8,
2008, City Council approved Amendment No. 2 to Contract C22310A in the amount of $67,948
for landscaping and aesthetic design services. Because of the impending modification of the
ramps, the landscaping in the areas that would be affected by construction was deleted from the
County of Riverside landscaping project completed in mid-2006. The landscaping design and
installation will now be included with the ramp improvement project PS&E, or bid as a separate
project.
Approval of the Modified Access Report by the Federal Highway Administration is imminent and
the Project Approval and Environmental Documentation Phase is nearing completion. Design
has progressed and the 60 percent PS&E has been submitted to Caltrans. The majority of the
right of way was acquired in May 2007 at a cost of$3 million. The project is currently scheduled
to be advertised for construction in December 2009. The total estimated project cost is
approximately $12.7 million as shown in the following table:
descri tiorr Esti�nated cost
Ri ht of Wa Ac uisition $3,200,000
Pro'ect A roval/Environmental $665,000
Desi n $872,000
Construction Mana ement/Testin $700,000
Construction $7,300,000
Total Cost $12,737,000
Staff Report
Amendment 3 to C22310A with RBF Consulting-Monterey I-10 Interchange PS&E
Page 3 of 4
February 26, 2009
Discussion:
RBF Contract Amendment
Because of the delay in completion of the Project Approval and Environmental Documentation
Phase that delayed the initiation of the PS&E Phase, Caltrans requirements and standards have
significantly changed in the last four years requiring a substantial addition to services than were
originally scoped to complete the PS&E.
The additional design services include the following:
• Geotechnical infiltration test report of loop ramp drainage basin.
• Increase in the number of plan sheets from the 36 originally scoped in 2004 to the
currently estimated 91 plan sheets. This increases the effort to prepare and address
Caltrans review comments on the 60 percent, 100 percent, and final PS&E submittals.
The original contract only included draft and final PS&E submittals.
• Preparation of a Storm Water Data Report and Drainage Report.
• Traffic handling, ramp metering, and water pollution control plans.
• Utility Coordination established by new guidelines and standard practices requiring
Caltrans review and approval of all documents and agreements with utility companies
and utility potholing of 16 utilities per Caltrans high risk utility manual.
• Preparation of construction resident engineer's file.
• Additional project team meetings, project management, quality control, and
reimbursables for printing due to greater amounts and copies for three PS&E submittals.
• Conversion of PS&E from metric to imperial units and standards.
• Bidding, award, and construction design support services.
When this project was initiated, Caltrans required the use of inetric units. Caltrans is no longer
using metric units and now requires all project PS&Es to be in imperial units. We have
requested an extension of the use of inetric units, but Caltrans headquarters has resisted
granting any extensions. Since June 2008, Caltrans is no longer updating its metric standard
plans and special provisions and even if we were granted an extension, there would be a cost to
convert to maintain the metric standards and provisions ($39,180). We are at 60 percent PS&E
completion and, therefore, it would be in our best interest to avoid future issues and costs by
converting the PS&E now to imperial units. The cost to convert the PS&E now to imperial units
is $78,140. The contract is also being amended to include bidding, award, and construction
design support services. The total amount for Amendment No. 3, including the PS&E metric
conversion, and bidding/construction design support services resulting from negotiations with
RBF for the additional services not in original scope of work is $409,285. Total amount of the
RBF amended contract would be $871,998.
Staff reduced the cost of this amendment by approximately 27 percent from the initial cost
proposal submitted by RBF and, therefore, believes the final negotiated cost for Amendment
No. 3 is equitable for the additional services rendered. Also, the revised contract amount (less
the conversion to imperial units and bidding/design construction support services) is 10.2
percent of the estimate construction cost. This percentage is reasonable for this size and
complexity of project requiring Caltrans review and approval. Therefore, staff recommends that
Staff Report
Amendment 3 to C22310A with RBF Consulting-Monterey I-10 Interchange PS&E
Page 4 of 4
February 26, 2009
City Council, by Minute Motion, approve Amendment No. 3 to Contract C22310A with RBF
Consulting, Inc., in the amount of$409,285.
Caltrans Cooperative Aqreement
On March 13, 2008, City Council approved the cooperative agreement with Caltrans for the
project approval and environmental, design, and right of way acquisition phases of the project.
Cooperative Agreement No. 8-1425 with Caltrans outlines the roles and responsibilities during
the construction phase, and commits the City to funding the project. The City attorney has
reviewed and approved Cooperative Agreement No. 8-1425.
Fiscal Impact:
Funds for Amendment No. 3 to the contract with RBF are available in Measure A, Monterey
Ramp Modification, Account No. 213-4389-433-4001. Funds identified in Cooperative
Agreement No. 8-1425 are included in FY 2009 Measure A, Monterey Ramp Modification,
Account No. 213-4389-433-4001 and I-10 at Monterey-Landscaping Account No. 400-4646-
433-4001. Additional Fund 213 funds will be requested in FY 2010 Budget to complete funding
of the project.
The project is currently funded by Measure A in the amount of $5,150,000, RDA Project Area 2
Fund 851 in the amount of $1,000,000, a Congestion Mitigation and Air Quality (CMAQ) Grant
in the amount of$1,566,000, and TE Grant in the amount of$378,000 (for landscaping).
Prepared By: Departme H ad: �
�� �
G(it.Gc..,' ./ ,
Jo A. Garcia, P.E. Mark Gree wood, P.E.
Engineering Manager Director of Public Works
Approv .
Homer Croy Paul Gibson
ACM for De e ment Services Finance Director
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CITYCOUNCILAC Ol�t
sti McCarthy APPROYED DENiLD
Acting ity Manage RECEIVED QTHER
MEET G DA
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CITY OF PALM DESERT
PROFESSIONAL SERVICE AMA NT
Contract Purpose
Consultant's Name
Address:
Monterey/I-10 Interchange -Additional Design Services
RBF Consulting
3300 Guasti Road, Suite 100
Ontario, CA 91761
Contract # / P.O. #
Amendment No.
Contingency: YES
C22310A I 11404
3
-
Account No. 213-4389-4331
Project No. 669-02
Vendor No. 11404
You are hereby requested to comply with the following changes to the contract:
DECREASE INCREASE
In Contract Price In Contract Price
$286,153.00
DESCRIPTION OF CHANGE
1. Additional design services including:
Geotechnical infiltration test for loop ramp drainage basin
Increase in plan sheets from 36 in original contract to 9lthat increases
effort to prepare submittal of 60%, 100% and final PS&E submittals
Preparation of storm water and drainage reports
Additional utility coordination and pothholing
Preparation of resident engineer file
Traffic handling, ramp metering and water pollution control plans
Additional project management, quality control, and reim bursables
2. Conversion of PS&E from metric to imperial Units
3. Bidding, award, and construction design support services
JUSTIFICATION:
$78,140.00
$44,992.00
TOTALS: $409,285.00
NET CHANGE IN CONTRACT PRICE: $409,285.00
Because of impending construction, the landscaping of the northeast quadrant of the interchange was eliminated from
the County of Riverside landscaping contract. The landscaping design in this area will now be included with the ramp
modification project being designed by RBF Consulting.
TOTAL BUDGET FOR PROJECT: + $9,723,591.38
Less: Expend. & Encumb. To Date: - $5,680,394.52
Less: This Change Order Amount: $409,285.00
BALANCE OF BUDGET $3,633,911.86
REMAINING FOR PROJECT:
CONTINGENCY:
Amount Approved by Council:
Less: Prior Change Order(s):
Less: This Change Order:
Balance Remaining of Contingency:
+ $23,705.50
- $23,705.50
- $0.00
The amount of the Contract will be increased by the Sum of: Four Hundred Nine Thousand, Two Hundred and
Eighty -Five Dollars ($409,285.00).
G:\PubWorks\Staff Reports\2009\February 26\08 Approve Amendment No 3 for RBF Consulting C22310A P669-02\Contract Amendment 3 C22310A RBF.doc Continued on reverse ...
Contract C22310A Amendment No. 3 Continued from front
This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant
shall perform all work as necessary or required to complete the Professional Service Amendment items for a not -to -
exceed price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension: None Days.
Revised Contract Total $871.998.00.
The undersigned Consultant approves the foregoing Professional Service Amendment # 3 as to the changes, if any, in
the contract price specified for each item including any and all supervision costs and other miscellaneous costs
relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on
account of said Professional Service Amendment # 3. The Consultant agrees to furnish all labor and materials and
perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required
to complete the Professional Service Amendment items. This document will become a supplement of the contract and
all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when
approved by the Owner.
Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that
fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or
equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown,
including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of
productivity, as well as any and all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
3. CERTIFIED
FUNDS AVAILABLE:
DEPARTMENT HEAD
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
CONSULTANT Date Accepted
4. APPROVED BY:
ROBERT A. SPIEGEL, MAYOR Date Approved
CITY MANAGER Date Approved
G:\PubWorks\Staff Reports \2009\February 26\08 Approve Amendment No 3 for RBF Consulting C22310A P669-02\Contract Amendment 3 C22310A RBF.doc Continued on reverse ...
i i ■
CONSLlLTINC',
February 19, 2009
Mr. John Garcia JN 10-104249.001
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2570
Re: Monterey Avenue Interchange at Interstate 10 — Additional Work Request fvr
PS&E Phase
Dear Mr. Garcia:
RBF is submitting this additional work request for the Monterey Avenue and I-10 interchange
Improvement project. As the project nears completion of the Environmental Approval phase of
work, and at the City's direction, RBF has proceeded with the final design (PS&E) phase of the
project.
On January 9, 2009, RBF submitted the 60% PS&E package to Caltrans. At this time the
project is continuing in metric units.
On December, 2, 2008, Caltrans approved the City's request to be the lead agency for
advertisement, award and administration of the project construction. Current construction cost
estimate is $6.8 million
Since 2007, Caltrans has been transitioning form the use of inetric units to imperial units for all
highway construction projects. The last standard metric detail sheets were issued in 2004. The
last metric standard specification book was issued in 1999. Caltrans stopped updating metric
special provisions and cost estimate guides in June 2008. In order to maintain the project in
metric units, additional effort would be required to maintain the integrity of standard details,
special provisions and unit costs for bid items. Caltrans has directed all projects not currently in
construction be converted to Imperial units. For these reasons we have included an optional
task to convert the project PS&E into Imperial Units.
Several new tasks have been added to the work plan since the PS&E scope of services was
prepared in 2004. These include: infiltration tests, spring plant surveys, storm water data
report, ramp metering plans, traffic handling plans, utility pot-holing, updating Caltrans metric
details and special provisions, and water pollution control plans. The plan sheet estimate in
2004 was forty (40) sheets. Not including landscape, irrigation and tieback wall plans, the
current plan sheet count is ninety-two (91) sheets.
With the recent submittals, the following are the current milestone dates:
1) Submit 100% PS&E— May 2009
PLANNING ■ DE51GN � CONSTRIJGTION
3300 East Guasti Road,Suite 100,Ontario,CA 91761 ■ 909.974.4900 ■ Fax 909.974.4004
Offices located throughout Califomia,Arizona&Nevada ■ ww�N.RBF.com
p��n<en on recycien ozPer
2/19/2009
Mr.John Garcia
Page 2 of 9
2) Complete PS&E—September 2009
3) Right-of-way acquisitions —October 2009
4)Award Construction Contract— December 2009
4) Complete Construction— December 2010
The following additional tasks are related to our PS&E Phase work plan:
Task 3.1: Geotechnical Infiltration Test Report
The approved project alternative includes a loop on ramp. RBF proposes to utilize the loop
ramp as a drainage infiltration basin. Our geotechnical sub consultant, EMI will perform field
auger borings at proposed infiltration locations.
The infiltration test will be performed in accordance with ASTM D3385. Results obtained from
the field investigation and laboratory testing program will be used to establish infiltration rates
for design of the infiltration basin. Static and pseudo-static global stability analysis will be
performed based upon the idealized soil profiles from previous performed geotechnical borings
in the vicinity of the proposed infiltration basin to determine the stability of the surrounding
basin slopes during the dry, inundated and "rapid-drawdown" conditions.
Task 5.0: Riqht-of-Way Appraisal Maps/ Leqal Descriptions
The original scope of work prepared in 2004 included a task for preparation of the right-of-way
requirement map, and preparation of three (3) legal descriptions for the project. A project right
of way requirement map per the latest guidelines is the first map prepared in the process.
RBF will prepare one set of Appraisal Maps at an appropriate scale to facilitate the acquisition
of the fee parcels necessary for the construction of the project. The Appraisal Maps shall be
prepared in conformance with the Caltrans Right-of-Way Manual. This task is based on an
assumption of preparing three (3)Appraisal Map sheets.
RBF will provide the Appraisal Maps and Right-of-Way Maps to the City and/or the City's right-
of-way agent to facilitate the right-of-way agent's processing of the right-of-way authorization
and certification with Caltrans.
This task does not include Right-of-Way appraisal or acquisition services.
The project currently requires a total of six (6) legal descriptions for the construction of the
interchange. Three (3) additional legal descriptions are required for the construction of
soundwall on private property, the access elimination on Varner Road for the Self Storage
facility, and for roadway easements from the County of Riverside adjacent to the new off-ramp.
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CONSLILTING
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Mr.John Garcia
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Task 6.1: Draft PS$E
The scope of work prepared in 2004 estimated less than half the number of plan sheets than
the current plan set submitted to Caltrans on January 9, 2009. The following is a list of plan
sheets anticipated in 2004 compared to the recent 60% PS&E submittal to Caltrans.
2004 Scope 2009 60% Submittal
Title Sheet 1 1
Key Map 1 1
Typical Sections 1 2
Layout Sheets 3 4
Profile Sheets 2 3
Construction Details 2 7
Water Pollution Contro/ 0 3
Grading Plans 3 2
Drainage Sheets 4 6
Utility Plans 3 4
Stage Construction 2 6
Construction Area Signs 1 3
Traffic Handling Plans 0 16
Pavement Delineation 2 6
Summary of Quantities 1 2
Sign Plans 2 7
Standard Retaining Wall 1 2
Electrical—Traffic Signals 4 6
Electrical — Lighting 3 6
Electrical—Ramp Metering 0 4
Sub Total 36 91
Soundwall Plans and Tie Back Wall Plans were added to the contract as part of change order
number 1 in August 2006. Planting Plans and Irrigation Plans were added to the contract as
part of change order number 2 in April 2007.
The following categories of plan sheets are new Caltrans requirements since the original scope
of work was prepared in 2004.
Water Pollution Control Plans
Water Pollution Control Plans are required to depict Best Management Practices (BMP's) for
temporary water pollution control features including but not limited to, silt fences, check dams,
drainage inlet and outlet protection. The basis for Water Pollution Control Plans is the Storm
Water Data Report (SWDR). The SWDR outlines which temporary and permanent BMP's will
be part of the project construction.
. . .
CONSLILTING
PLANNING e DESIGN ■ CONSTRLJCTION
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Mr.John Garcia
Page 4 of 9
Traffic Handlinq Plans
Traffic Handling Plans show the sequence of operation, work to be performed, materials to be
used, and the traveled way to be used for all movement of traffic during construction sequence.
In 2004, Traffic Handling plans were not a requirement and it was assumed Traffic Handling
plans would be prepared by contractors.
Ramp Meterinq Plans
Caltrans policy, since 2007 is to use ramp metering on all interchange improvement projects as
an effective traffic management strategy to maintain an efficient freeway system. All freeways
within Riverside County are planned for High Occupancy Vehicle Lanes.
RBF will design ramp metering for the westbound loop on ramp and the westbound direct on
ramp.
In 2006, the configuration of the loop on ramp gore was altered. This change resulted in the
loop ramp as the beginning of the I-10 westbound auxiliary lane. This configuration has
resulted in modifications to the existing direct westbound on ramp. These modifications were
not included in the scope of work prepared in 2004. This has resulted in additional plans
sheets for the following:
Pavement Delineation Plans
Siqn Plans
Hiqhwav Liqhtinq Plans
Task 6.2: Final PS&E
Based on the new sheet count for the project plans, RBF will address Caltrans comments on
the 60% submittal. 100% design will be completed on all sheets, including construction detail
sheets.
Task 6.3: Plan Approvals
RBF will address Caltrans comments on the 100% submittal package, and incorporate
revisions into the final Plan approval package. This work effort will involve preparing a
comment/ response matrix, updating the final plans, incorporating revisions, incorporating final
utility dispositions, and finalizing quantity sheets.
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CONSIILTING
PLANNIN� ■ �ESIGN ■ CONSTRLJCTION
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, Mr.John Garcia
Page 5 of 9
Task 6.4: Drainaqe Report
As part of the standard Caltrans PS&E submittal checklist, RBF will prepare a drainage report
for the 60%. 100%, and Final submittals. The drainage report is prepared per Caltrans and
County of Riverside Flood Control District standards. Both Hydrology and Hydraulic
calculations are included in the report.
The original scope of work prepared in 2004 did not anticipate the preparation of drainage
reports.
Task 6.5: Storm Water Data Report
In accordance with current Caltrans standards (March 2007), a Storm Water Data Report
(SWDR)shall be prepared for the design phase of the project. A SWDR has been prepared for
the PA/ED phase of the project, however, Caltrans requires an updated SWDR in the PS&E
phase. Specific objectives of the SWDR include:
• Define storm water quality issues and pollutants of concern.
• Evaluate potential storm water impacts.
• Develop a list of potentially feasible permanent storm water Design Pollution Prevention
and Treatment BMP's.
• Develop costs for BMP's and the associated right of way costs for incorporating BMP's.
• Discuss the project with the Regional Water Quality Board (RWQCB) and local
agencies, if advised by the District NPDES Storm Water coordinator.
The SWDR will be signed by the Project Engineer, the District / Regional Design Storm Water
Coordinator, the designated Landscape Representative, and approved by the Project Manager
to verify that storm water quality design issues have been addressed, and the data is complete,
current, and accurate.
Task 11: Utility Coordination
Caltrans has established new guidelines and standard practices for projects involving local
agencies and Utility agreements. Prior to 2007, projects that were administered by local
agencies followed the lead agency guidelines for utility relocation procedures. New Caltrans
guidelines apply to all projects that Caltrans is performing oversight duties. Guidelines require
Caltrans utility coordinator approval of all documents, and agreements.
RBF has and will be performing coordination with Caltrans utility group to satisfy these
requirements. The following agreements will be processed through Caltrans reviews and
approvals:
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Page 6 of 9
. Notice to owner for positive location
. Pothole encroachment permits
. Notice to owners to determine prior rights
. Claim letter to owner
• Notice to owner for relocation
RBF will assist the utility company with their relocation plans by providing project base maps,
and appropriate sheets in electronic format. The files will be converted to imperial units. Utility
relocation plans will be prepared in imperial units by the utility companies.
Task 11.1: Utilitv Potholin�
The scope of work prepared in 2004 did not include potholing as a task item. RBF has
identified sixteen (16) potholes to identify high risk facilities with in the project limits per the
Caltrans high risk utility manual.
RBF will utilize an underground utility identification firm to perform the potholing. RBF survey
crews will determine the pothole locations horizontally and vertically.
Task 13� Additional Proiect Manaqement
RBF shall continue to coordinate with Caltrans, County of Riverside, and other participating
agencies to facilitate project delivery as a result of the extended schedule. Management
support shall carry forward to facilitate resolution of project design tasks.
RBF shall also maintain the preparation of an action item matrix, decision log, submittal log,
meeting agenda's, meeting minutes, project schedules, and distribute communication materials
to all project team members.
Task 13.1: Qualitv Control
Per the Caltrans Quality Control / Quality Assurance Plan, RBF will continue to perform Quality
Control on documents being submitted to Caltrans. RBF utilizes independent in-house
reviewers for third party checks of documents.
RBF will perform additional quality control checks and submit the quality assurance statement
on the Draft and Final PS&E submittals.
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CONSULTING
PLANNING ■ OES�GN ■ CONSTRIJCTION
2/19/2009
Mr.John Garcia
Page 7 of 9
Task 17: Resident Enqineer File
Under new Caltrans guidelines, all projects require a Resident Engineer file be prepared at
PS&E approval. Past projects that were not to be advertised by Caltrans did not require this
information for PS&E approvals. The RE file is a summary of project reports and pertinent
information that would be useful to the resident engineer during the construction phase of the
project.
The following reports and data are prepared specifically for the RE file, and are not reviewed
as part of the PS&E package. Typical information to be prepared includes the following:
. Survey Control Data
• Cross-Sections
• Grid Grades (pavement elevations only)
• Back-up calculations and quantity take-off items
. Permits
. Engineering Calculations
Task 18• Construction Biddin� Assistance (Optional)
RBF will provide construction bidding phase services during the contract advertising period as
follows:
. Attend pre-bid meeting
. Log questions and responses to bidders' questions regarding the bid documents.
• Evaluate need for addendum to bid documents to answer questions raised and prepare
addendum if required.
Task 19• Services Durina Construction (Optional)
Provide civil, traffic, and structural engineering support services during the construction of the
roadway and tie-back wall improvements. All services will be subject to the request, direction,
and authorization of the City. ft is anticipated the engineering support services may include the
following tasks:
. Pre-Construction and Field Meetings
• Response to Requests for Information (RFI)
• Shop Drawing Review
. Plan Revisions/Processing During Construction
• Certification and Quantity Verification
. Prepare Record Drawings
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CONSIJLTING
PLANNING ■ OESIGN ■ CONSTRUCTION
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Mr.John Garcia
Page 8 of 9
Task 20• Conversion from Metric to Imperiai Units (Optional)
In 2006, due to a lack of federal funding, Caltrans started the process of abandoning the metric
unit as the standard unit for highway construction projects. A deadline was established for
conversion of existing projects and for use on new projects to utilize imperial units.
The original date of June 2007 for advertising metric projects on the state highway system was
extended to July 2008.
This project received an exception to maintain metric units in 2006. Currently a request to
extend the metric exception is being processed at Caltrans. In the event this request is denied,
the project plans, specifications and cost estimates would be required to be converted to
imperial units for project advertising.
Assuming the project would be converted between the 60% and 100% level design, the
following is a list of items required for conversion:
a) Project base topographic mapping
b) Design Surveys
c) Supplemental Design Exception Reports
d) Storm Water Data Report
e) Drainage Report
f) Pavement Design Report
g) Materials Report
h) Utility Conflict Maps
i) Right of Way Appraisal Maps
j) Legal Descriptions
k) Draft Plans (60%)— 102 plan sheets
I) Special Provisions
m) Quantities and Cost Estimate
n) Foundation Report
o) Utility Pothole Plans
p) Bridge Type Selection Report
q) Draft Tie- Back Wall Plans (60%)—6 sheets
If the project utilized metric units, the following tasks would be required:
RBF will be required to update latest imperial standard details, convert into metric units and
add to the construction details set of plans. For any update to standards being utilized on this
project, this work effort will be required. RBF estimates approximately 25 standard detail
sheets will be reviewed for updates for each submittal.
RBF will be required to utilize latest Caltrans bid information in imperial units, and convert bid
prices into metric units for this project. Additionally, in December 2005, Caltrans issued a
memo requiring certification of engineer's cost estimates. This requirement has mandated
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CaNSIJLTING
PLANNING ■ DESIGN ■ CONSTRlJCTION
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Mr.John Garcia
Page 9 of 9
submitting unit price calculation sheets for all bid items prior to obtaining certification of project
cost estimate.
In order for RBF to complete the project specifications, a review and update of the latest
imperial special provisions will be required for the 60%, 95%, 100% and Final PS&E
submittals. This will entail the review and modification of every technical specification to insure
the latest addendums, quantity and pay clauses meet current Caltrans disclosure.
Reimbursables
The original contract budget in 2004 for reimbursables was $8,000. Amendment No. 2 added
$2,500.
For the 60%, 100% and final PS&E submittals to Caltrans, forty (40) copies are required. The
PS&E will be submitted 4 times. We are requesting an additional $17,000 for reimbursable
expenses in base tasks and $3000 for optional tasks.
Fee
In summary, RBF Consulting is requesting a net increase to our contract in the amount of
$269,153 for labor and $17,000 for reimbursable expenses not including optional services. We
are requesting an additional $120,132 for labor and $3000 for Reimbursable expenses in
optional tasks. Total fee for labor and expenses including optional tasks is $409,285.
This adjustment is necessary for completion of work tasks associated with the Final PS&E
process. We appreciate the efforts by City staff to assist and coordinate with our project team
on this improvement project. Should you have any questions please contact me at (909) 974-
4935. We look forward to continuing our efforts on this project and its successful completion.
Sincerely, �
!�
�,� ._ � o '��,.,��� �. ��
,�":- �
�- ''�Y� .�-
effrey Fromhertz, P.E. �
Vice President
Transportation / Public Works
Attachments
cc: Brad Mielke
Steve Huff
H:\Pdata\10-104249�Admin\contract\ammendments\PS&E_Ammendment_003.doc
. . .
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n�n��vrt,nr.u�RNIA DUSlNE55 TRANSPORTATIONANDHOUSINGAGENCY ARNOLDSCIiWARZENEGGER Govcrnor
DEPARTMENT OF TRANSPORTATIUN
DISTRICT S � 6
D�SJGN G&AGREEMfiNTS(MS 971) '
464 WEST 4TH STI2EET,6TH FT,OOR
SAN$ERNARDTNO,CA 92401-1400 Tlexyotu•power?
PI�.ONE(909)38&-7I43 Be energy e�cientl
FAX{909)383-6230
February 9, 2008
08-Riv-10-PM 44.0/45.0
Mr. 3ohn A. Garcia,P.E. Modify Existing Monterey Avenue
Engineering Manager Interchange zn Riverside County
City of Paim Desert EA OFO501
73-510 Fzed Waring Drive District Agreement No. 8-1425
Palm Desert, CA 92260
Dear Mr. Garcia:
Enclosed far execution by the City of Palm Desert(CITY) are four(4) original Cooperative
Agreements,Dzstrict Agreement Nurnber 8-1425,for the above-referenced project.
Please have the appropriate parties for the CITY sign and retuzx�.all original agreements by
March 3,2009 with a certified notarized Resolution or Minute Decree approving the agreement
and authorizing the execution of fihe agreement.
Please leave the effective date blank. The effective d�te will be the date the District
Director signs the agreement.
After the agreernent is fiilly executed,we will return one(1)original for your records.
Alterations of any kind made to the enclosed agreements will render them null and void and will _
require further review from the State's Legal Counsel.
Ifyou need znore information,please cantact me at(909) 388-7143.
Sincerely,
M A� A ' UF
, Office Cliief
Design G &A ments
Enclosure �
c: Emad Makar,Program/Project Management
"Caltrans inrproves niobility across California"
08-Riv-10-PM 44.0/45.0
Modify Existing Monterey Avenue
Interchange in Riverside Couzity
EA OF0501
District Agreement No. 8-�425
CONSTRUCTION
CDOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED 1NT0 EFFECTTVE ON ,2009, is
between the STATE OF CALIFORNIA,acting by and through its Department of Txansportation,
referred to hezein as"STATE", and the
CITY OF PALM DESERT, a body politic and
a rnunicipal corporation of the State of
California,referred to herein as"CITY."
RECITALS
1. STATE and CITY,pursuant to Streets and Highways Code sections 114 and 130, are
authorized ta enter into a Cooperative Agreement for improvements to the State Highway
System{SHS)within CITY's jurisdiction.
2. CITY desires to modify the existing Monterey Avenue Interchange ramps on
Interstate 10(I-10),re£erred to herein as"PROJECT".
3. CITY is willing to be responsible for one hundred percent(100%)of all construction
capital outlay and su�port costs activities of which a portion will be funded out of Federal -
Congestion Mitigation and Air Quality(CMAQ)fiinds in#he amount o£$1,566,000, and
CITY's local matching funds in the amount of$203,000, and Federal Regional
Improvement Prograxn/Transportatian Enlaancement(RIPlTE)locals funds in the amount
o£$37$,000, and CITY's local matching funds in the ainonnt af$302,000,except that the
costs of STATE's Independent Quality Assurance(IQA)will be borne by STATE. The
PR07ECT cost estimate is shown on Exhibit A, attached hereto and made a part of this
Agreement.
4. The parties agree that CITY will prepare the contract documents and advertise, avt1ard,
ar�d administer the construction contract for PROJECT.
5. PROJECT(Project Approval and Environmental Documentation(PA&ED);Plans,
Specifications and Estimates(PS&E); and Right of Way) for PROJECT were covered in
a pxior Cooperative Agreement executed by STATE and CITY on Apri121,2008
(District Agreement No.8-1283)
1
District Agreexnent No. 8-1425
6. The terms of this Agreement shall supersede any inconsistent terms of any prior
Memorandum of Understaziding(MOU} or agreement relating to PROJECT.
7. The parties now define herein below the terms and conditions under which PROJECT is
to be owned,constructed, financed, operated, and maintained.
SECTION I
CITY AGREES:
1. To be responsible for one hundred percent(100%)of total actual PROJECT construction
cost(of which portion will be funded out of CMAQ and RII'/TE with the balance to be
funded using local agency funding sources, as shawn in Exhibit A}required for
satisfactory comple�ion of PROJECT, including,but not limited to COZEEP
(construction zone enhancement enforcement program},"State-furnished material"and
source inspection costs,except far costs of STATE's IQA. If it becomes necessary to
obtain additional funds to complete PROJECT these additionai funds will be provided by
CTTY.
2. All PR4dECT work performed by CITY, or performed on CITY's behalf, shali be
performed in accordance with all State and Federal laws,regulations,policies,procedures
and standards that STATE would normally follow. Alt such PR03ECT work shall be
submitted to STATE for STATE's review, comment, concurrence, and/or approval at
appropriate stages of development.
3. All PROJECT work,except as set forth in this Agreement, is to be performed by CITY.
Should CITY request that STATE perform any portion of 1'ROJECT work, except as
otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for _
such work pursuant to an amendment to this Agreement or a separate executed
agreement.
4. To permit STATE to monitor,participate,and oversee selectian of personnel who will
provide construction-engin.eering services for PR�JECT. CITY agrees to consider any
reyuest by STATE to avoid a contract award or to discontinue services of any personnel �
considered by STATE to be unqualified on the basis of credentials,pro�essional
expertise, failure to perfonm, and/or other pertinent criteria.
5. To make written application to STATE £or necessary encroachment permits autb.orizing
entry of CITY onto SHS right of way to perform required t�vork as more specifically
defined elsewhere in#his Agreement. CITY shall also zequire CT.TY's consultants and
contractors to make written application to STATE�or the same necessary encroachment
permits.
2
District Agreement No. 8-1425
6. To subxnit a written request for any"State-furnished material"identified in the PROJECT
plans, specifications, and estimates (�S&E) a minunum of forty-five (45)days in advan.ce
of the need for such materials. To then pay STATE,within fifteen(15)days of receipt of
STATE's billing,the actual cost invoiced for the requested"State-furnished material".
CITY may take delivery of the"State-furnished rnaterial" after STATE's receipt of
CITY's payment and at the location directed by STATE.
7. STATE shaIl perform source inspection as outlined in STATE's Construction Manual,
Construction Manuai Supplement for Local Agency Resident Engineer,and Local
Agency Structure Representative Guideline. CITY shall reimburse STATE for all direct
and indirect costs incurred for any source inspection performed by STATE.
8. To deposit with STATE within twenty-five(25)days of receipt of STATE's billing
thereof the amount of said biil,which amount zepresents the estimated cost of source
inspection, as referred to in Section I of this Agreement.
9. To pay STATE upon completion of all work on PROJECT and within twenty-five(25)
days o�receipt of a detailed statement made upon final accounting of costs therefore, any
amount,over and above the aforesaid deposits£or State-furnished materials and source
inspection,required to complete CITY's financial obligations assunned pursuant to this
Agreement.
10. To advertise,award, and administer the construction cantract far PROJECT in
accordance with requirements of the Local Agency Public Construction Act and the
California Labor Code,including its prevailing wage provisions. Workers employed in
the perfarmance of work contracted for by CITY, and/or performed under encroachment
permit, are covered by provisions of the California Labor Code in the same manner as are
workers employed by STATE's contractors. The use af any Federal funds towaxds
PROJECT construction will mandate the inclusion and enforcement of all applicable
Federal labor mandates.
11. Construction by CITY of those portions of PROJECT which lie within the SHS right of
way sha11 not com�.ence until CITY's contract plans involving such work, the utility
relocation plans, and the right of way certification have been reviewed and accepted by
STATE and encroachmenf permits have been issued to CITY and CITY's contractor.
12. CITY's construction contractdr shall maintain in force,until completion and acceptance
of the PROJECT construction contract, a policy of General Liability Insurance,including
coverage of Bodily Injury Liability and Property Damage Liability,that complies with all
coverage requirements with Section 7-1.12 of STATE's then effective Standard
Specifications. Such policy shall contain ata additional insured endorsement naming
STATE and its officers, agents, an.d employees as additional insureds. This insurance
coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to
STATE which shall be delivered to STATE before the issuance of an encroachment
permit to CITY's constructian contractor.
3
District Agreerr�ent No. 8-1425
13. To require the construction contractor to furnisln both a payment and a performance bond,
naming CITY as obligee with both bonds complying with the requirements set forth in
Section 3-1.02 of STATE's current Stazadard Specificatians prior ta perfo�nxng any
PROJECT construction work. CITY shall defend,indemnify, and hold harmless STATE
and its officers, agents,and employees from a11 claims and suits by stop notice claimants
related to the construction of PROJECT.
14. To have PROJECT constructed by contract to fhe satisfaction af and subject to STATE's
acceptance in accordance with the STATE accepted PROJECT PS&E.
15. Contract administration procedures shall confazm to STATE's Construction Manual,
Construction Manual Supplemen#for Local Agency Resident Engineer, Local Agency
Structure Representative Guideline,and the PROJECT encroachment permits.
16. Construction within the existirig or ultimate SHS right of way shall comply witb
STATE's Standard Specifica.tions,the PROJECT Speczal Provisions, and STATE's
Construction Manual.
17. If any existing utility facilities conflict with the construction of PROJECT or viotate
STATE's encroachment policy, CITY shall make all necessary arrangements with the
owners of such facilities for their timely accommodation,protection,relocation, or
removal. •
The costs for the PROJECT's positive identification and location,protection,relocation,
or removal of utility facilities whether inside or outside STATE's right of way shall be
determined in accordance with Federal and California taws an.d zegulations, and
STATE's policies,procedures, standards,practzces, and applicable agreements including,
but not limited to, Freeway Master Confiracts.
18. All survey work shall con£orm to the methods,procedures, and requirements of STATE's .
Surveys Manual and STATE's Staking Information Booklet. _
19. PROJECT rnaterial testing and Quality Control/Assurance shall conform to STATE's
Construction Manual, Construction Manual Supplement for Local Agency Resident
Engineer, Local Agency Structure Representative Guideline and STATE's California
Test Methods, and shall be perfoz-med by a material-tester certified by STATE,at CITY's
expense.
20. Ta furnish,at CITY's expense ac�d subject to the approval of STATE, a field site
representative who is a licensed civil engineer in the State of Califarnia to perform the
functians of a Resident Enginaer. The Resident Engineer shall not be an employee or
subcontractor of the entity, if any,that prepared the PROJECT PS&E or an employee of
the constxuction contractor. .
21. If the Resident Engineer is not also a registered Landscape Architect, CITY will furnish,
at CTTY expense and subject to approval of STATE, a Landscape Architect to perform
4
District Agreement No. 5-1425
the function of an Assistant Resident Engineer/Ianspector who is responsible for both daily
vn-site inspections az�.d final decisions including,but not limited to, any highway planting
and the irrigations systems that comprise a portion of the PROJECT work. Final
decisions shall continue to be suhject to the satisfaction and approval of STATE.
22. At PROJECT's expense, to fumish sufficient qualified support staff, subject to the
approval of STATE,to assist the Resident Engineer in,but not limited to, structure
representative, construction surveys, soi(s and foundatian tests,measurement and
computation af quantities, testzng of construction materials, checking shop drawings,
preparation of estimates and reports,preparation of the mandated"As-Built"drawings,
and other inspection and staff services nec�ssazy to assure that the construction is being
performed in accordance with the PROJECT PS&E. Said qualified support staff shall be
independent of the design engineering company and construction contractor, except that
the PROJECT designer may be retained to check shop drawings, do soils foundation
tests, test construction materi.als, and perform construction surveys.
23. Within one hundred eighty(180)days£ollowing the completion and acceptance afthe
PROJECT construction cantract, to furnish STATE with a complete set of"As-Built"
plans (hard copy and electronic formats)in accordance with STATE's then current
CADD Users Manual,Plans Freparation Manual, and STATE practice. The submittal
must also inclezde all STATE requested contract records, including survey documents and
Records of Surveys (to include monument perpetuation per the Land Surveyor Act,
section 8771). CITY shall also submit corrected full-sized harcicopy structure plans.
24. To retain or cause to be retained£ar audit by STATE or other government auditors for a
period of four(4)years from the date of final payment under the PROJECT contract, ar
four(4) years from STATE payment of the final voucher,whichever is Ionger, all records
and accounts relating to PROJECT construction. CITY shall retain said records and
accounts longer for such periods as are required in writing by STATE.
25. Upon campletion of PROJECT construction, CITY wiil operate and maintain, at CITY's _
cost,any part of PROJECT Iocated outside of the existing SHS right of way, including
CITY underpasses ax�d overcrossings of then existing SHS right of way,until any
subsequent acceptance of any part of PROJECT into the SHS by STATE, approval by the
Federal Highway Administratian(FHWA),i£rec�uired, and conveyance of acceptable
title to STATE.
26. If CiTY cannat complete PRQJECT as originally scoped,scheduled, and estimated,
CITY will, only with STATE's pzior written consent, amend the PROJECT PS&E for a
suitable resolution to ensure an alternate form of modzfied PROJECT that will, at all
times,provide a safe and operable SHS.
27. If CITY terminates the PR4JECT prior to completion, STATE shall require CZTY, at
CITY's expense,to return the SHS right of way to its original condition or to a safe and
operable condition acceptable to STATE. I�CITY fails to do so, STATE reserves the
right to finish FROJECT or place PROJECT in a safe and operable condition and STATE
5
District Agreement No. 8-1425
will bill CITY for all actual expenses incurred and CITY agrees to�ay said bill within
thirty(30)days of recaipt.
28. If unanticipated cultural, archaeological,paleontological or other protected materials are
encountered during PROJECT construction, CITY shall stop work in that area until a
qualified professional can evaluate the nature and significance of the find and a plan is
approved far the removal or protection of that material. The costs for any removal or
protection of that material shall be covered as a PROJECT cost contemplated by this
Agreement.
29. To provide, at PROJECT capital expense, a Construction Zone Enhancement
Enforcement Program(COZEEP)by contracting directly with the California Highway
Patrol (CHP) for all traffic restrictions as outlined in STATE's Construction Manual.
SECTION II
STATE AGREES:
1. At no cost to CITY,to provide IQA to assure that CITY's PROJECT work is pezformed
in full coxnpliance with the approved�R4JECT PS&E and in accordance with STATE's
then effective poiicies,procedures, standards, and practices. This IQA function includes
both the obligation and the authority to reject noncompliant PROJECT work and
rraaterials accepted by CITY,to order any actions needed for public safety or the
preservation of property on the SHS, and ta assure compliance with all provisions of the
encroachment permit(s}issued by STATE ta CITY and CITY's contractor.
2. Upan proper application by CITY and by CITY's contractor,to issue, at no cost to CITY
and CITY's contractor,the necessazy encroachment permits for required work within the
SHS right of way as more specifically defined elsewhere in this Agreement. _.
3. To pravide, at CITY's cost, any"State-fiirnished material"as shown on the PROJECT
PS&E as determined by STATE to be appropriate and available during construction af
PR07ECT. Upon receipt of CITY's request far any such"State-furnished materiais",
STATE will order those materials and STATE's Project Manager will have an invoice
submitted to CITY for the costs of those materials. Upon receipt of those materials and
CITY's payment, STATE will xnake those"State-furnished materials" available to CITY
at a STATE designated site.
4. Independent assurance testing, specialty testing, and approval of the type of asphalt and
concrete plants shaIl be by STA:TE, at STATE's expense.
5. To submit an invaice ta CTTY for the estimated direct and indirect cost o£source
inspection,purse�ant to Section I of this Agreement,prior to start of PROJECT
construction and upon receipt of said estimate from STATE's representative.
6
District Agreement No. 8-1425
6. Upon cornpletian of PROJECT and aIl work incidental tk�ezeto,to furnish CITY with a
detailed statement of the State-furnished materiais and source inspection costs to be borne
by CITY. To thereafter refund to CITY,promptly after completion of STATE's final
accounting of said PROJECT costs, any amount of CITY's deposits required in Section I
of this Agreement remaining after actual State-furnished materials and source inspection
costs to be borne by CITY have been deducted, or to bill CITY for any addit�onal amount
required to complete CITY's financial obligations assumed pursuant to this Agreement.
SECTION IIX
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terrns of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of funds by the California Transportation Commission{CTC).
2. The parties to this Agxeement understand and agree that STATE's IQA is def ned as
providing STATE policy and procedural guidance through to completion af the
PROJECT construction phase administered by CITY. Th7s guidance includes prompt
reviews by STATE to assure#hat all work and products delivered or incorporated into the
PR03ECT by CITY conform with then existing STATE standazds. IQA does not include
any PROJECT related work deemed necessary to actually develop and deliver the
PROJECT,nor does it involve any validation to verify and recheck any work performed
by CITY and/or its consultants or contractors and no liability will be assignable to
STATE,its officers and employees by CITY under the terms of this Agreement or by
third parties by reason of STATE's IQA activities. All work performed by STATE that is
not direct IQA shall be chargeable against PROJECT funds as a service for which
STATE wili invoice its actual costs and CITY will pay or authorize STATE to reimburse _
itself from then available PROJECT funds pursuant to an amendment to this Agreement
authorizing such services to be performed by STATE.
3. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT perrnits, agreements,
and/or approvals from apprapriate regulatory agencies,unless the parties agree otherwise
in writing. If STATE agrees in writing to obtain said PROJECT percnits, agreements,
and/or approvals,thase said costs shall be a PROJECT cost.
4. CITY shall be fuliy responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation,permit(s),
agreement(s), and/or appravals for PROJECT. The costs of said compliance and
im�lementation shall be a PROJECT cost.
5. If there is a legal challenge to the environmental docu�nentation, including investigative
studies and/or teclxx�ical environmental report(s),perrnit{s),agreement(s), and/or
7
District Agreement No. 8-1425
approval(s) for PROJECT, all iegal costs associated with those said legal challenges shall
be a PROJECT cost.
6. Tf, during performance of PROJ'ECT construction,new information is obtained which
requires the preparation of additional environmental documentation to co�nply with the
Califomia Environmental Quality Act(CEQA}and if applicable,the National
Environmental Policy Act(NEPA),this Agzeement wi11 be amended to include
coxnpletion of those additional tasks.
7. All administrative reports, studies,materiais,and documentation,including,but not
limited to, all administrative drafts and administrative finals,relied upon,produced,
created or utilized for PROJECT will be held in confidence pursuant to Government
Code section 6254.5(e). The parties agree that said material will not be distributed,
released or shared with any other organization,person or group other than the parties'
employees, agents and consultants whose r�vozk xequires that access without the prior
written approval of the party wxth the authority to authorize said release and except as
required or authorized by statute or pursuant to the terms of this Agreennent.
8. Duning PROJECT construction,zepresentatives of CITY and STATE will cooperate and
consult with each other to assure that all PROJECT wozk zs accomplished according to
the PROJECT PS&E and STATE's then appIicable policies,procedures,standards, and
practices. Satisfaction of these requirements shall be ver�fied by STATE's IQA
representatives who are authorized to enter CITY's property during construction for the
purpose of monitoxing and coordinating construction activities.
9. PROJECT PS&E changes shall only be impleznented by contract change orders that have
been reviewed and concuned with by STATE's representative(s). A11 changes affecting
public safety or public convenience, all design and specification changes, and all major
changes as defined in STATE's Constzuction Manual shall be approved by STATE in
advan.ce of performing that work. Unless otherwise directed by STATE's representative,
change orders authorized as provided herein will not require an encroachment permit _.
rider. All cha.nges shall be shown on the"As-Built"plans.
10. CITY shall provide a construction contract claims process acceptable to STATE and shall
process any and all claims through CITY's claims process. STATE's representative will
be made available to CITY to provide advice and tech.�.ical input in arny claims process.
1 l. In the event that STATE proposes and/or requires a change in design standards,
implementation of those new or revised design standazds shall be done in accordance
with STATE's Highway Design Manual, Sectzon 82.5,"Effective Date for Implementing
Revisions to Design Standards." STATE shall consult with CTTY in a timely mannez-
regarding the effect of proposed and/or required PR07ECT changes.
12. The party that discovers hazardous materi.al (HM) will immediately natify the ather
party(ies)to this Agreement.
S
District Agxeement No. 8-1425
HM-1 is defined as hazardous material(including but not limited to hazardous waste)that
requires removal and disposal pursua�nt to federal or state law, whether it is disturbed by
PROJECT or not.
HM-2 is defined as hazardous material{including but nat limited to hazardous waste)that
may require removal and disposal pursuant to federal or state Iaw, anly if disturbed by
PROJECT.
13. STATE, independent of PROJECT,is responsible for any HM-1 found within existing
SHS xight of way. STATE will undertake HM-1 management activities with minimum
impact to PROJECT schedule and will pay all costs for HM-1 management activities
CITY, independent of PROJECT,is responsible for any HM-1 found outside existing
SHS right of way. CITY will undertake HM-1 managerxxent activities with minimum
impact to PROJECT schedule and wiii pay all costs for HM-1 management activities.
14. If HM-2 is found within the limits of PROJECT,the public agency responsible for
advertisement, award, and administration(A.AA)of the PROJECT construction contract
will be responsible for HM-2 management activities.
Any management activity cost related to HM-2 is a PROJECT construc�ion cost.
15. Management activities related to either HM-� or HM-2 include,without timitation,any
necessary manifest requirements and designation of disposal facility.
16. STATE's acquisition or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
�7. STATE, in exercising its authority under section 591 of the Vehicie Code,has included
all of the requirements set£orth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code as
applicable to the PROJECT areas open to public traffic. CITY shall take atl necessary _
precautions for safe operation af CITY's vehicles,the construction contzactor's
equipment and vehicles andlor vehicles of personnel retained by CITY to assure the
protection of the traveling public and STATE employees from injury and damage from
such vehicles or equipment.
18. Upon PROJECT completion and acceptance,subject to the approval of STATE, STATB
will commence its operational responsibilities over the new SHS £acilities while the
respective future maintenance responsibilities o£�he parties are defined by existing
Maintenance Agreement#RN-33-015188, entered into effective on November 20,2001,
. which agreement adequately ide�ntifies cuxrent and future obligations of the parties
relative to priar existing facilities and these new PROJECT facilities.
19. Upon PROJECT completion, subject to the approval of STATE, STATE will operate and
maintain traffic signals, signs and safety lighting{collectively"Electrical Facilities"), as
defined by existing Maintenance Agreement#RTV-33-015188, entered into effective on
9
District Agreement No. 8-1425
November 20,2001,that details the shared funding responsibilities of the parties for
operation, maintenance and energy costs related ta said Elect�ical Facilities.
Maintenance is broadly deemed to include all necessary routine rnaintenance, repairs,
modifications and replacements.
20. Upon sakisfactoxy completion of all PRQJECT work under this Agreement, as determined
by STATE, actual ownership and title to rnaterials, equipment, and appurtenances
instaIled within the operating SHS right of way for SHS operations wilI be vested in
STATE,and matezials, equipment, and appurtenances installed for non-SHS operations
both inside (overcrassings and underpasses for local traffic) and autside of the SHS right
of way will autamatically be deemed to be under the control of CITY or an appropriate
third party as determined by CrTY.
21. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not a party to this Agreement or to affect the legal
liability of either party to the Agreement by imposing any standard of care with respect to
the developrnent,design,construction,operation, or maintenance of the SHS and public
facilities different from the star�dard of care imposed by law.
22. Neither STATE nor any officer or employee thereof is responsible for any injury,damage
or Iiability occumng by reason of anything done or o�nitted to be done by CITY under or
in connection with any work, authority or jurisdiction con�£erred upon CITY or arising
under this Agreement. It is undexstood and agreed that,CITY will fully defend,
indemnify and save harmless STATE and all its officers and employees from a11 claims,
. suits or actions of every natne,kind and description brought forth under, including,but
not limited to,tortiaus, contractual, inverse condemnation or other theories or assertions
of liability occurring by reason of anything done or omitted to be dane by CITY under
this Agreement.
23. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done hy STATE nnder _.
or in connection with any work, authority or jurisdiction canferred upon STATE or
arising under this Agreement. It is understood and agreed that, STATE wi11 fully defend,
indeixu�ify and save harmless C�TY and all its officers and employees from all claims,
suits or actions of every name,kind and description brought forth under,including,but
not limited to,tortious, contractual,inverse condemnation or other theories or assertions
of liability occurring by reasan of anything done or omitted to be done by STATE under ,
this Agreement.
24. Prior to the commencement of a�ny work pursuant to this Agreement,either STATE or
CITY may terminate this Agreement by written notice to the other party.
25. No alteration or variation of the terms of this Agreement shall be valid unless made by a
formal amendrnent executed by the parties hereto and no aral understanding or agreement
not incorporated herein shall be binding on any of the parties hereto.
1Q
District Agreement No. 8-1425
26. This Agreement shall terminate upon satisfactory completion of all post-PROJECT
construction ohligations of CITY and the delivery of required PROJECT construction
documents, with concurrence of STATE, or on December 31, 2015,whichever zs earlier
in time,except that the ownership,operation,maintenance,indemnification,
environmental cazx�z�nitments, legal challenges,and claims articles shall remain in effect
until terminated or modified,in writing,by mutual agreement. Should any construction
� related or other claims arising out of PROJECT be asserted against on.e of the parties,the
parties agee to extend the fixed termination date of this Agzeement,until such time as �
the construction related or other claims are settled,disnnissed or paid.
SIGNATURES ON FOLLOWING PAGE:
11
District Agreement No. 8-1425
STATE OF CALIPORNIA CITY OF PALM DESERT
DEPARTMENT 4F TRANSPORTATION
WILL KEMPTON BY�
Director Mayor
gy; Attest:
RAYM�ND W.WULFE,PhD CITY Clerk
District Director
APPR�VED AS TO FORM AND APPROVED AS TO F�RM AND
PROCEDURE: PROCEDURE:
By: BY�
Attorney, CITY Counsel
Department of Transportation �
CERTTFIED AS TO FUNDS:
By:
District Budget Manager
CERTIFIED AS T�FINANCIAL
TERMS AND POLICIBS:
By:
Accounting Adnainistrator
12
District Agreement No. 8-1425
EXHIBIT A
COST ESTIMATE
Lvcal Progranr�Funds Local Pxograam Funds Local Funds
CONTRUCTION Federal% Match% Federal°/a Match%
pg�E 88.53 11.47 100%
55.6 44.4
dd ' � , ,,
' �' ' +� � ��' 0 0 0 0 $500,000
i'
$I,566,OQ0 $203,000 $378,000 $302,000 $5,300,000
0 0 0 0 $S,oaa
4 0 0 0 $5,000
$1,566,000 $203,000 $378,000 $302,000 $5,810,000
13
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