HomeMy WebLinkAboutC223110H-I - Monterey Ave at I-10 Rmp Mdfctns 669-02 Contract Nos. C22310H 8�C223101
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C22310H FOR THE CONSTRUCTION
AND CONTRACT NO. C223101 FOR THE CONSTRUCTION
MANAGEMENT OF THE MONTEREY AVENUE AT I-10 RAMP
MODIFICATIONS PROJECT (PROJECT NO. 669-02)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Powell Constructors, Inc.
8555 Banana Avenue
Fontana, California 92335
CONSULTANT: Dynamic Engineering Services, Inc.
27395 Echo Canyon Court
Corona, California 92883
DATE: January 23, 2014
CONTENTS: Agreement and Bonds — Construction
Contractor's Proposal
Agreement - Construction Management
Vicinity Map
Recommendation
By Minute Motion;
1. Waive minor clerical irregularities in the contract bid submitted by
Powell Constructors, Inc.;
2. Award Contract No. C22310H for the construction of the Monterey
Avenue at I-10 Ramp Modifications Project (Project No. 669-02) to
Powell Constructors, Inc., of Fontana, California, in the amount of
$7,037,417.35;
3. Authorize the Finance Director to set aside a 10 percent contingency
in the amount of $703,741.74;
4. Award Contract No. C223101 for the construction management of the
Monterey Avenue at I-10 Ramp Modifications Project to Dynamic
Engineering Services, Inc., of Corona, California, in the amount of
$785,714.20; and
5. Authorize the Mayor to execute the contracts.
Staff Report
Award Contract No. C23310H and C233101 Monterey Avenue
Page 2 of 3
January 23, 2014
Funds are available in Account No. 213-4389-433-4001, Monterey Avenue at I-10
Ramp Modification. The City will receive federal, state and local reimbursement as
shown on the table below:
Source of Funding Amount
Federal Funds $2,761,000.00
CVAG $2,800,000.00
State Locaf Program Partnership (SLPP) $2,800,000.00
Total $8,361,000.00
Backqround
On September 26, 2013, City Council authorized staff to advertise and call for bids for
the construction of the Monterey Avenue at I-10 Ramp Modification Project. The bids
were opened on December 16, 2013, and the results are as follows:
Contractor Location Bid Amount
Powell Constructors, Inc. Fontana, CA $7,037,417.35
Skanska Civic USA West Riverside, CA $7,341,848.65
Granite Construction Indio, CA $7,598,520.00
Powell Constructors Inc., is the apparent low bidder, however, their bid contained
clerical irregularities. Staff consulted with the City Attorney and is recommending that
Council waive the irregularities and award the contract to Powell Contractors, Inc.
Staff was also authorized to advertise a Request for Proposal for professional
construction management services. Four firms submitted proposals and each proposal
was evaluated by City staff and by Caltrans. Interviews were held with the four firms.
The ranking, based upon qualifications, is as follows:
1. Dynamic Engineering Services, Inc., Corona, CA
2. Caltrop, Rancho Cucamonga, CA
3. FCG Consultants, Inc., Irvine, CA
4. RT Engineering & Associates, Inc., San Diego, CA
Staff evaluated the cost proposal submitted from Dynamic Engineering Services, Inc.,
(DESI) and negotiated an amount well within industry standards. As the construction
management firm, DESI will be providing construction inspection, surveying, material
testing, and environmental oversight as well as daily construction management.
Staff Report
Award Contract No. C23310H and C233101 Monterey Avenue
Page 2 of 3
January 23, 2014
Fiscal Impact
There is no fiscal impact associated with these actions beyond the cost of the contracts
and on-going routine, superficial, aesthetic maintenance (debris removal, graffiti
removal, cleaning and etc).
Prepared By: Depart t e d:
i
Bo Chen, P.E., City Engineer Mark Gree w od, P.E.,
Director of Pu lic Works
CITY COUNCILA ON
APPROVED —..DENtE�
RECEIYED OTHER
Paul S. Gibson, Director of Finance
MEET G D T� - ���-
AYE3s
Approval: NOES:
' ABSEN'h
ABSTAINs
�.._.. � � VERIFIED BYs
hn M. Wohlmuth, City Manager Or�gin�l oa FiMwttlt C1ty rk's Ut'tiw
f G/BC/clg
AGREEMENT
THIS AGREEMENT is made and entered into this 23�d day of Januarv, 2014, by and
between City of Palm Desert, California, hereafter called "CITY" and Powell Constructors, Inc.,
hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project,
1. Monterey Avenue at I-10 Ramp Modifications, City Project No. 669-02, Federal Aid
Project No. SLCM21 LN-5414(013) in strict accordance with the Contract Documents
identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to
be correct, has ascertained that its Subcontractors are properly licensed and possess
the requisite skill and forces, has examined the site and Contract in accordance with the
Contract Documents for the money set forth in its Bid to be paid as provided in the
Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The Agreement;
(b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e)
The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The
General Specifications; (i) The Special Provisions; (j) The Standard Specifications as
modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos.
2; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change
Orders issued; (o) Any additional or supplemental specifications, notices, instructions
and drawings issued in accordance with the provisions of the Contract Documents. All
of said Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall likewise
be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of the
Notice to Proceed and will do all things necessary to construct the work generally
described in Recital No. 1 in accordance with the Contract Documents and will complete
said work within 245 Calendar Days from the Notice to Proceed date to the satisfaction
of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and
employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or other
entity, including injury to Contractor's employees, and all claims which arise from
or are connected with the negligent performance of or failure to perform the work
or other obligations of this Agreement, or which are caused or which are claimed
to be caused by the negligent or intentional acts or omissions of Contractor, its
subcontractors, its agents or employees, and, all expenses of investigating and
defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person, firm or
corporation furnishing or supplying work, services, materials or supplies in
connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are made
part of this Agreement as set forth in Agreement paragraph 1, above.
d. Attention is directed to Section 8-1.10, "Liquidated Damages" of the Caltrans
Standard Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be 5 400.00 dollars per
calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties concerning the
works of improvements as referenced herein, the prevailing party in any such litigation,
being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's
fees incurred in any such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the amount
of its Bid as accepted by CITY, subject to such additions and deductions as may be
made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor
under this prime contract for satisfactory performance of its contract no later than 10
days from the receipt of each payment the prime Contractor receives from City of Palm
Desert. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide by all
applicable provisions of the California Labor Code; constitutes contractor's certification
that he is aware of the provisions of said Code and will comply with them; and further
constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code
which requires every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the provisions
of that Code, and I will comply with such provisions before commencing the
performance of the work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement which shall be deemed an original on the date first
above written.
CONTRACTOR: Powell Constructors, Inc.
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20_, before me, , a Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
On , 20_, before me, , a Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature (seal)
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on
January 23, 2014, awarded to Powell Constructors, Inc., hereinafter designated as the
Principal, a Contract for Monterey Avenue at I-10 Ramp Modification PROJECT; City
Project Number No. 669-02; Federal Project No. SLCM21LN-5414(013) and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the
faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as
Surety, are held and firmly bound unto the City in the just and full amount of Seven Million,
Thirtv-seven Thousand, Four Hundred Seventeen Dollars and 35/00 ($7,037,417.35) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and abide by, and
well and truly keep and faithfully perform the covenants, conditions, and agreements in the said
contract and any alterations made as therein provided, on his or their part to be kept and
performed, at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents
as therein stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and virtue.
It is acknowledged that the Contract provides for one year guarantee period, during which time
this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration,
or addition to the terms of the Contract or to the work or to the specifications. Said Surety
hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
�Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next pageJ
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this day of , 20 , the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by
its undersigned representative, pursuant to authority of its governing body.
Principal's Name Surety's Name
Principal's Signature Surety's Signature
Title Title
Address Address
Telephone Telephone
State of California )
)
County of )
Subscribed and sworn to (or affirmed) before me on this day of
(month), (year), by
, proved to me on the basis of satisfactory evidence to be the person(s)who
appeared before me.
Signature of Notary (Seal of Notary)
State of California )
)
County of )
Subscribed and sworn to (or affirmed) before me on this day of
(month), (year), by
, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Signature of Notary (Seal of Notary)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on
January 23, 2014, awarded to Powell Constructors, Inc., hereinafter designated as the
Principal, a Contract for Monterey Avenue at I-10 Ramp Modifications; City Project Number
669-02, Federal Project No. SLCM21 LN-5414(013), and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract,
providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work contracted
to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay
the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and , as
Surety, are held and firmly bound unto the City in the just and full amount of Seven Million,
Thirtv-seven Thousand, Four Hundred Seventeen Dollars and 35/00 ($7,037,417.351 lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs,
executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, or to pay any person for any
work or labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, or
for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and his or its
Subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with
respect to such work and labor as required by the provisions of Section 3247 through 3252 of
the California Civil Code, or for any amounts required to be deducted, withheld, and paid over to
the Franchise Tax Board or Internal Revenue Service from the wages of employees of the
Principal or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an
amount not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop notices under
Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the said Contract or to the work to be performed thereunder
or the Specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Specifications.
No final settlement between the Obligee and the Principal hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
Principal and Surety agree that if the Obligee is required to engage the services of an attorney
in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's
fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this day of , 20 , the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by
its undersigned representative, pursuant to authority of its governing body.
Principal's Name Surety's Name
Principal's Signature Surety's Signature
Title Title
Address Address
Telephone Telephone
State of California )
)
County of )
Subscribed and sworn to (or a�rmed) before me on this day of
(month), (year), by
, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Signature of Notary (Seal of Notary)
SECTION 4—81D SCHEDULE
MONTEREY AVENUE AT 1-10 RAMP MODIFICATIONS PROJECT
CITY PR4.lECT NO.669-02
FEDERAL AID PROJECT NO.SLCM21 LN-5414(013}
City of Palm Desert
Department of Publ�C Wo�ics
73-510 Fred Waring Orive
Palm Desert, CA 92260
To Wham it May Concem:
Pursuant to the Invitation to Bid,the undersigned hereby proposes and agrees that on award by
the City under this Bid, and in accordance with#he provisions therein stated,to execute a
Contract,with necessary bonds,to fumish and install any and aN labor, materials, transportation
and services for the Monterey Avenue at h10 Ramp Modiflcations City Project No.669-02,
Federal Aid Pro�ect No.SLCM21 LN-5414(013)in accofdance with the Plans and
Specifications therefore adopted and on file with the City within the time hereinafter set forth and
at the prices named in this Bid .
Unit prices in each and every case shali represent a true unit price used in preparing the bid
schedule totals (Bid Form). Unit prices listed herein shail include material, installation and
appurtenant work as is necessary to have the item complete and in ptace meeting the tu{I intent
of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of
the bid.The purpose of the unit pricing is for bid evaluation and changes in the work during
construction.The basis of award shall be the lowest combined price for ail base bid area.
BASE BID AREA 1
UNIT PRICE ITEM TOTAL
ITEM tTEM (In Figures) (In Figures)
NO. CODE CONTRACT ITEM UNiTS �UANTITY DOLLARS DOLLARS
1 �70 ADDfTIONAL TRAFFIC �S 1 $50,000.00 $50,000.00
CON7ROL
2 066100 ADOITIONAL DUST CONTROL LS 1 $8,000.00 ���•00
3 066105 RESIDENT ENGINEERS �S i $127��a� $127,500.00
OFFICE
4 066208 REPAIR EXISTING LS 1 $5,000.00 $5,000.00
IRRIQATION SYSTEM
5 086230 ADDITlONAL APPLY �S � �� �p,pp
PESTICIDES
WATER POLLUTtON
6 066595 CONTROL MAINTENANCE LS 1 $20,000.00 $20,000.00
SHARING
Bid Schedule 4-1 RR
7 068596 �DITIONAL WATER LS 1 $10,000.00
POLLUTION CONTROL $����•�
8 �97 STORM WATER SAMPLING LS 1 $5,000.00
AND ANALYSIS $5,000.00
9 066610 PARTNERING LS 1 $20,ppp,pp $20,000.00
PAYMENT ADJUSTMENTS
1� 066670 FOR PRICE INDDC LS 1 $83,000.00 $83,000.00
FLUCTUATIONS
1� �g�g INCENTIVE FOR HOT MIX LS 1
ASPHALT(QC/QA) ���•� ����•�
12 066919 DISPUTE RESOLUTION LS 1 $5,000.00
BOARD $5,000.00
13 070030 LEAD COMPLIANCE PLAN LS 1 �
a�.-
14 080050 PROGRESS SCHEDULE
(CRITICAL PATH METHOD �S 1 � 5� �
15 120090 CONSTRUCTION AREA LS 1
SIGNS � -�� _
16 120100 TRAFFIC CONTROL SYSTEM LS 1 �
$�pop,-
17 i20110 FLASHING ARROW SIGN Eq 1
Sao, 5�, -
18 120116 TYPE II BARRICADE E,q 2p
Sp. �� -
19 120120 TYPE III BARRICADE E,q ig
I Q�.- �,-
20 120149 TEMPORARY PAVEMENT SQ�. �
MARKIN(3 (PAINT) S.- _
21 120300 TEMPORARY PAVEMENT � 1100 ,
MARKER 4_- ��� _
22 120159 TEMPORARY TRAFFIC LF 24575
STRIPE(PAIN� p,�4o �$3p _
23 120165 CHANNEUZER(SURFACE � 285
MOUNTED a .- '�l ZS.�
24 128652 �RTABLE CHANGEABLE
MESSAaE SIGN �S � LS �S _
25 12900p TEMPORARY RAILING(TYPE �F 8540
� �'�•� t Dao.-
26 129100 TEMPORARY CRASH � 1��
CUSHION MODULE o`�5�.' �'t zSo.-
27 129150 SCRENARY TRAFFIC LF 8540 aS
10 �S ."
28 130100 JOB SITE MANAC3EMENT LS 1 �
PREPARE STORM WATER � °��
29 130300 POLLUTION PREVENTION LS 1
PLAN LS 3�.-
30 130330 STORM WATER ANNUAL � �
REPORT � - �� _
Bid Schedule 4-2RR
TEMPORARY HYDRAULtC
31 130530 MULCH(80NDED F16ER SQYD 50707 S�
MATRIX �' 4�,SlaS.�
32 130570 TEMPORARY COVER S�YD 2000 ` �� �.� _
TEMPORARY DRAINA(3E
33 130620 �NLET PROTECTfON EA 3 a�p• -150.-
34 130840 TEMPORARY FIBER ROLL LF 4762
a. �i5 a�.-
TEMPORARY QRAVEL BA(3
35 130650 BERM LF 4099 '-t. " l to �'-t ,-
� ��710 TEMPORARY � 4
CONSTRUCTION ENTRANCE aStac�_- 10 ocn^
37 130730 STREET SWEEP{NC3 LS 1 � �s� _
TEMPORARY CONCRETE
38 130900 WASHOUT LS 1 � b�.�
REMOVE YELLOW PAINTED
39 141101 TRAFFIC STRIPE LF 5200 � � 3�ao.-
HAZARDOUS WASTE
REMOVE YELLOW
40 141103 TMERMOPLASTIC PAVEMENT LF 4605
MARKINQ (HA2ARDOUS t,oQ
WASTE � • a�co3. +
41 141120 TREATED WOOD WASTE LB 20273 �,l� 30�v 9S
CONTRACTOR SUPPLIED
42 146002 BIOLOGIST LS 1 L$ �,po0.-
43 150204 ABANDON CULVERT LF 180 �� � a,� _
44 15a221 ABANDON iNLET EA 1 ��. - -�o�. -
45 150605 REMOVE FENCE LF 1796 � - �(g _
dfi ��p�2 REMOVE METAL BEAM �F 1462
GUARD RAIL $•� 1 tdZ ."
47 150868 REMOVE FLARED END EA 2
SECTION SO�' tc�•�
48 150710 REMOVE TRAFFIC STRIPE LF 38165 40 (S alo ."
49 150715 REMOVE THERMOPLASTIC SQF.T 24� _ �.
PAVEMENT MARKING
� ���� REMOVE PAVEMENT EA 1979
MARKER �.� ti 9�• �
5i 150742 REMOVE ROADSIDE SIGN EA 12 aS._ ��
52 150757 REMOVE SI(3N STRUCTURE EA 1 y� _ �� _
REMOVE ASPHALT
53 ��n1 CONCRETE DIKE �'F �� a• - 01�-10.�
Bid Schedule 4-3RR
54 150801 REMOVE OVERSIDE DRAtN EA 3 � _ ���
REMOVE PIPE(LF)(15"
55 �'S�S�2 ABANDONED SEWER LINE �F 1 lv0.- � -
58 150820 REMOVE INLET EA 1 -�� _ �a� _
57 150822A REMOVE RSP CY 7
�. 3S'o.-
58 150850 REMOVE SIQPE PAVING S�FT 2910
y •- Il �o�ID.�
59 �5pg53 REMOVE CONCRETE SQYD 1531
PAVEMENT lo•- t S 31 D.`
RELOCATE iRR1GATION
60 152355 CONTROLLER(SOLAR) � � �-IoGp, - y�,-
61 152390 RELOCATE ROADSIDE SIGN EA 11 a�p,- aa�._
82 153130 REMOVE CONCRETE CURB lF 190 a•- 3Ft0.-
63 153138 REMOVE CONCRETE CURB SQYD 75
AND SIDEWALK 3�•' a SO."
REMOVE CONCRETE
� ��21� SIDEWALK AND DRIVEWAY �Y 12 �o• - $4D'
65 153215 REMOVE CONCRETE (CURB LF 522
AND GUTTER 5.- a
66 153251 REMOVE SOUND WALL LF 154 SO•� 1-�� ,�
67 155232 SAND BACKFIIt CY 21 a5._ ��._
68 157560 BRIDGE REMOVAL LS 1
PORTION � �p p -
69 160102 CLEARING AND(3RUBBINa LS 1 LS �c�p,-
70 190101 ROADWAY EXCAVATION CY 81518 t3 --
`�,�3`��
192037 STRUCTURE EXCAVATION
71 F RETAINING WALL) CY 787 3a._ a3 �p.-
72 192060 STRUCTURE EXCAVATION CY 213
( (CiROUND ANCHOR WALL S(�.' �p t,so.-
73 193013 STRUCTURE BACKFILL CY 954
(F) RETAININC3 WALL) So.` i-{1 7op,-
74 193027 STRUCTURE BACKFILL CY 13
(� (QROUND ANCHOR WAIL liac7- ce.-
193031 PERVIOUS BACKFILL
75 F) MATERIAL(RE7AININO WALL CY 22 $S." �70,-
76 200002 ROADSiDE CLEARING LS 1 �
� �
77 200114 ROCK BLANKET SQYD 1885 �- �� aS,
78 202006 SOIL AMENDMENT CY 6
1bo•- l� ,-
Bid Schedule 4-4RR
79 202011 MULCH CY 15 �5,_ as._
80 202035 FERTIUZER(PACKEn EA 866 1 _ � _
SLOW RELEASE OR
81 202036 CONTROLI.ED RELEASE LB 29
FERT{LIZER S•� 1i-45.-
82 204022 PLANT(GROUP Z) �► � �pp0,- aa �o,-
83 204031 TRANSPLANT PALM TREE EA 1 ��_ �� _
84 204035 PLANT(GROUP A) EA 230 _ y� � _
85 204038 PLANT(C3ROUP U) EA 24 �1O.- �}Ogo.�
MAtNTAIN EXiSTfNG
86 �� PLANTED AREAS �S � LS �� -
PLANT ESTABLISHMENT
87 204099 WORK 250 DAYS LS 1 � ��0.-
CHECK AND TEST EXISTINQ
88 ��0 �RRIGATION FAC1LITfES LS 1 � 5�� _
MAItdTAIN EXISTINQ
89 206401 IRRIGATION FACILITIES �S 1 LS ��p �
� 208560 CONTROL&NEUTRAL LS 1
(P) CONDUCTORS � �.~
9� 206602 i' ELECTRIC REMOTE � 2
(P) CONTROL VALVE ?�.- �p.-
92 208604 1 1/2" ELECTRIC REMOTE � 2
(P CONTROL VALVE 50•- ��•-
93 2�P�5 SPRINKLER(TYPE B-5) EA 7 a5• ��5.'
�
� 20 P 76 SPRINKLER (TYPE B•6) EA 9 �p.- 4So._
95 208�2 SPRINKLER(TYPE C-2) EA 96
(P) 20•� la ao '
96 208575 2M GATE VALVE EA 3
(P) �oo.- lSoo.-
97 208595 1'PLASTIC PIPE(SCHEDULE � 3�
(P-F 40 (SUPPLYUNE 3•` 9(a�o."'
208597(P- i 112" PtAST1C PfPE
98 � (SCHEDULE 40)(SUPPLY FT 450
LINE �"�"� �g�•�
99 208598 2' PLASTIC PIPE (SCHEDULE � 1450
(P-F) 40)(SUPPIY LINE) 5�"� ZaSC� .�
100 2�3 BALL VALVE EA 2 �.,p _ S� _
2��� 8'CORRUGATED HIC3H
101 DENSiTY POLYETHYLENE F? 210
�F� PlPE CONDUIT ��. ^ 10,5�•-
Bid Schedule 4-5RR
MOVE-IN/MOVE-OUT
102 210010 EROSION CONTROL) � 2 �pp- � y�p,-
1Q3 210430 HYDROSEED SQFT 294000 �.�- D._
104 210630 INCORPORATE MATERIALS S�FT 294000 � � �( , _
� .
105 260203 CI.ASS 2 AaGREGATE BASE CY 2526 5O,_ �� ,3�.-
106 280000 IEAN CONCRETE BASE CY 788
1�0.- p �('j,-
107 390129 HOT MIX ASPHALT(TYPE C) TON 12429 -�� � o��c� �ba
108 390132 HOT MIX ASPHALT(1YPE A) TON 0.87 �,�.- 3�,�,5. '
109 390132A HOT MIX ASPHALT(TYPE A)- TON 319
BOND BREAKER 130. - 470.'
110 390137 RUBBERIZED HOT MIX TON 1023
ASPHALT(GAP GRADED) $$.r �,D D a �
111 394074 P�CE HOT MIX ASPHALT �F 69
DIKE PE C) a0.- (3F5o.J
PLACE HOT MiX ASPHALT
112 394077 DIKE PE LF 25 �.- 5�,_
113 395000 LI�UID ASPHALT(PRIME TON 13
COA7� l I�• — 1 00-
114 397005 TACK COAT TON 3
CtUO.� `i0J• -
115 4p1p5p ���NTED PLAIN CONCRETE CY 2069
PAVEMENT a30-� �7S�ZO.-
116 401083 SHOUE.DER RUMBLE STRIP STA 8.26
(CONCRETEC�ROUND-IN) 55�•r �S 3.'
117 404092 SEAL PAVEMENT JOINT LF 2529 � -
118 404093 SEAL ISOLATION JOINT LF 4596 0 _ � 0_
480210 C3ROUND ANCHOR
��9 (i') SUBHORIZONTAL � � 3'���- l 4g',Oc�O.-
124 490601 �6"CAST-IN-DRILLED-HOIE �F �
CONCRETE PILING 11 D•� 3�}1p0.�
121 4��� FURNfSH RIL{NG(CLASS 90} LF 2318
(p 31�- -z�,gs�. -
122 490737 DRiVE PILE(CLASS 90) EA 90 ���_
1 ,OOd,--
60"CAST-IN-DRILLED-HOLE
123 498052 CONCRETE PILE(SIt3N LF 22
FOUNDATiON �'SSO•� IS 7o�r�.-
510060 STRUCTURAL CONCRETE,
124 RETAININ(3 WALL CY 4T7 �,_ a3� SZ�.-
125 510061 STRUCTURAL CONCRETE, CY 1
SOUND WALL �5�- 1 Soo. �
Bid Schedule 4-6RR
1� 510502 MINOR CONCRETE(MINOR CY 18
STRUCTURE � �.- -
510503A MINOR CONCRETE(MINOR
127 �F� STRUCTURE)ANCHOR CY 2.5
BLOCK ($Q6.- '-150�-
128 511035 ARCHITECTURAL S�FT 1085
(� TREATMENT 35." 31 �t� -
129 511064 FRACTURED RIB TEXTURE S�FT 146
(� SO.- -73a�.-
1� 518002 SOUND WALL(MASONRY SQFl. 31� �� � �s ,� �
F BLOCK)
13� 520103 BAR REINFORCIN(3 STEEL LB 82598 �
(P- RETAINING WALL) �a3$g�l�
132 ��� STRUCTURAL SHOTCRETE CY 67 �� _ � ��
1� 560218 FURNISH SIaN STRUCTURE �B 14761 _v
{ (TRUSS) `�•s° ldv y2 ,S�
1� 56Q219 INSTALL SIGN STRUCTURE �g 14761 30
(� frRUSS> �• " �t 8' �=
135 5gp244 FURNISH LAMINATED PANEL SQFT 142
SIGN 1'-TYPE A) c`} . " 1g$1. �
FURNISH SIN(3LE SHEET
136 560248 ALUMINUM SIGN (0.063'- SQFT 232
UNFRAMED �O •' �3�0•-
FURNISH SiNGLE SHEET
137 560249 ALUMINUM SIGN(0.080"- SQFT 190
UtVFRAMED 1 •' �D.�
FURNISH SINGLE SHEET
138 560251 ALUMfNUM SIGN(0.063"- S�FT 25
FRAMED la•�
FURNISH SINGLE SHEET
139 560252 ALUMINUM SIGN (0.080'- SQFT 105
FRAMED �3. � t3co5."
140 568011 ROADSIGN SIGN-0NE POST EA 34 ��,`.� _ $,�� _
141 566012 ROADSIC3N SIGN-TWO POST EA 5 $� _
�t�.�
INSTALL SIGN (STRAP AND
142 568001 SAODLE BRACKET METHOD) � 23 l00•' a3�.-
143 568007 INSTALL StC�N OVERLAY SqFT 7.50
l�D� 11a5.-
INSTALL ROADSIDE SIGN
144 �017 PANELON EXISTINO POST EA 2 t b.� 3c�o,-
145 �010p �8`ALTERNATIVE PIPE �F 71 _
CULVERT g0" 5
�� 820140 24'ALTERNATIVE PIPE LF 291
(P) CULVERT "ZO.' 2a,3 D.'
147 698506 18'PIPE DOWNDRAIN LF 31 �S.- a(�3s•_
148 700617 DRAINAGE INLET MARKER EA 3 _
v• �tv.�
Bid Schedule 4-7RR
149 705311 18`ALTERNATIVE FLARED � 1
END SECTION 3� _ _
150 7p5315 24'ALTERNATIVE FLARED � 2 �
END SECTION e,��� � _
15� 721017 ROCK SLOPE PROTECTION CY 59
� (FACING,METHOD-B �g n , �� �_
152 721420 CONCRETE(DITCH LINING) CY 5 q� _
�4Sm.-
153 721810 SLOPE PAVIN�(CONCRETE) CY 15
i �m.- � �
154 �290�1 ROCK SLOPE PROTECTION SQYD 154
FABRIC(CLASS 8 a,- �, _
155 730020 MINOR CONCRETE(CURB) CY 78
��� sas.- �qso.-
156 730040 MINOR CONCRETE(GUTTER) LF 232
�• 5�roo.-
157 731507 MINOR CONCRETE(GUTTER
DEPRESSION) CY 3.5 co5o.- �a�s.-
158 731516 MINOR CONCRETE CY 11,8
(DRIVEWA C1� 35v.- '-4\3D.-
159 731521 M�NOR CONCRETE CY 75
(SIDEWAL 3�0' �So.'
160 731623 MINOR CONCRETE(CURB CY 2
RAMP) I� ' a�._
�61 750001 MISCELLANEOUS IRON AND �B 510
F� STEEL �, -
l O�-D.'�
�62 800360 CHAIN UNK FENCE(TYPE CL- LF 1956
�P s� t�.- 3315a,-
163 820107 DELINEATOR(CLASS 1) Eq g5
30• - assn,-
164 832003 M�TAL BEAM QUARD �F 100
RAILlNG (WOOD POST Sv.- SO�o.-
165 �521 CASLE RAILING LF 416
�p�� 2a- Ql"3.�
186 839541 TRANSITION RAILIN(3 (TYPE
(P WB � 2 3300.-
C.PC.o 00.'
167 839581 END ANCHOR ASSEMBLY � 2
PE SFT') L l 50� a 300.-
168 839585 ALTERNATtVE FLARED � 4
TERMINALSYSTEM 3cxo._ a op� -
169 839704 eODNCRETE BARRIER(TYPE LF 230
10 839721 CONCRETE BARRIER(TYPE ���� l� 100.�
F) 732A LF 184
1�o.- ao, a�_-
THERMOPLASTIC TRAFFIC
171 840502 STRIPE(ENHANCED WET LF 5805
N�aFt1'v�s�s� D•� y�,�,�, -
172 840504 4"THERMOPLASTIC TRAFFIC �F 10875 D�loo
STRIPE (QS 9-5.'
Bid Schedule 4-8RR
173 840506 8`THERMOPLASTIC TRAFFIC LF 4955 -�0 50
STR)PE ( • - $ 3. —
174 840508 8"THERMOPLASTIC TRAFFIC LF 2120 a�
STR{PE BROKEN i 2-3) { • �y��,-
175 840515 THERMOPLASTIC PAVEMENT SQFl. 12�8
MARKINQ �. ~ 5112.`
THERMOPLASTIC PAVEMENT
176 840516 MARKINC3 (ENHANCED WET SQFT 692
NICiHT VISIBILIT -I• '�8�}c�.�
177 840525 4'THERMOPLASTIC TRAFFIC LF 7380 y5
STRIPE BROKEN 36-12 3�3a�.-
178 g4p52g 4'THERMOPLASTIC TRAFFIC LF 4250 � ,S� a�,�5.-
STRIPE BROKEN 17-
179 850101 PAVEMENT MARKER(NON- � �239 � �
REFLECTIVE) a . 3oq�•5--
180 850111 PAVEMENT MARKER � ��
(RETROREFLECTIVE 5• ` 3(e�o. �
181 860251 SIGNAL AND LIGHTING LS 1
(LOCATION 1)(REMOVE) �S lS oOo.�
�82 860252�P� SfQNAL AND LIaHTiNG LS 1
LOCATION 2 MODIFI� � 3'� �p,-
860253 Sl(3NAL AND LIGHT4NG
1� p (LOCATION 3 LS 1 LS 50 pop.-
184 86i 101 �MP METERINO SYSTEM LS 1
(LOCATION 1) � 91 Do.-
185 861102 RAMP METERING SYSTEM LS 1
(LOCATION 2 LS ga app-
186 861504 MODIFY LIGHTING AND SIGN LS 1
{LLUMINATION �S \�15 �OO•-"
187 999990 MOBlLIZATION(10%) LS 1 LS loSD cxap�
TOTAL BASE BID AREA 1
l�,S�f�,5�1.
BASE B{D AREA 2
STORAGE FACIUTY IMPROVEMENTS DUE TO ACCESS RESTRICTION
UNIT PRICE ITEM TOTAL
iTEM tTEM (In Figures) (In Figures)
NO. CODE CONTRACT ITEM UNITS �UANTITY DOLLARS DOLLARS
188 REMOVE GATE EA 1
aSC�.- 'S'b.
189 REMOVE PILASTER F�► 2 '5'0. - 5�•_
1� REINFORCED CONCRETE LF 31
BLOCK WALL p�.- (��j,-
191 MASONRY PILASTER EA 8 g�_ ��� ,
WROUGHT'IRON MOTORIZED
192 (3ATE � 2 c�oo,- �'�,oc�0,�
Bid Schedule 4-9RR
193 PIPE SWING GATE EA 1
�OG�- yQGY7,-
��4 PORTLAND CEMENT gp� 4907
CONCRETE PAVEMENT IQ. � ag 44 '
195 REMOVE CONCRETE SQ� 1297 5 - b� _
198 CONCRE7E SWALE CY 14
900.- -
REMOVE WROUQHT IRON
197 FENCE LF 38 �, -
198 REMOVE BLOCK WALL LF 46 � � `g�,p ,
199 WROUGHT IRON FENCE LF 275 Sp.- i.�-� � D�
200 UNCLASSIFIED EXCAVATION LS 1 � 3��v�.�
201 LANDSCAPE LS 1 � � ,
202 IRRIGATION LS 1 � S�O.�
CONCRETE CURB(TYPE A1-
203 6� LF 280 �, - ���.^
204 LIC3HTING AND ELECTRICAL �S 1 ��ppp,—
WORK LS
205 TRAFFIC CONTR�L LS 1 �
OGti7��
206 MOBILIZATION (10%) LS 1 �
2a,�3� ._
TOTAL BASE BID AREA 2 a �� —
CITY/STATE WIL.L FURNISH THE FOLLOWING MATERIALS: (Items 207 and 208 are the
costs fo�CHP and Caltrans lnspection services ao no tnstallation costs are neecled with
these two items; items 209 to 212 are the matertals p�ovided by Caltrans fo�the signal
and lighting or rolated work and the inatallation costs associated with these four items
shall be included in the related bid items above.)
207 066062 COZEEP CONTRACT LS 1 $99,180.00 $99,180.00
TRAFFIC MANAGEMENT
208 066063 PLAN-PUBLIC LS 1 $25,000.00 $25,000.00
INFORMATION
209 066843 �DEL 170 CONTROLLER LS 1 $45,000.00 $45,000.00
ASSEMBLY
210 066843A MODEL 2070 CONTROLLER LS 1 $45,000.00 $45,000.00
ASSEMBLY
211 066844A BATTERY BACKUP SYSTEM LS 1 $5,000.00 $5,000.00
212 066915 80E TWW(3ENERATION LS 1 $210.00 $210.00
TOTAL CfTY/STATE FURNISHED MATERIALS $219,390.00
Bid Schedule 4-10RR
The low bid will be determined by catculating the sum of the total Base Bid Area 1 Bid
Price plus the total Base Bid Area#2 Bid Price plus City/State Fumished Materials.
TOTAL AMOUNT OF BASE 81D AREA 1 PLUS BASE 81D AREA 2 PLUS CITY/STATE
FURNISHED AAATERIALS-IN FIGURES:
� �}D3-1 , `�l 1 . 3S
TOTAL AMOUNT OF BASE BID AREA 1 PLUS BASE BID AREA 2 PLUS CITY/STATE
FURNISHED MATERIALS-IN WORDS:
'�s1-c.� t��11t►o n ,�.��-�I -St� �ou-sc,�.�ol , �o,�,� h�l,rtcl
�-c<v�-�. c�,oljar5 ax�d 3s1�� �,35 Cc,��s>
�
Bid Amount of each of the above 8id Items must be fiUed in and completed. lt ls understood that
the quantities shown hereon are but estimates and the bidder is responsible to verify quantities
prior to submitting a bid. Final payment will be based upon actual work performed, subject to
such adjustments and alterations as elsewhere provided herein.
�� � Title: President
Signature Michael B. Powell Bidder
State of Califomia )
)
Counry of San Bernardino )
Subscribed and swom to {or affirmed) before me on this 16th day of December
(month), 2013 (year), by Michael B. Powell
, proved to me on the basis of satisfactory evidence to be the erson who
appeared before me. �~�� SHERRI EVANS
� COMM.�2017516
z
Z NOT11R1f PllBLIC-CALIFORNUI�
SAN BERNARONW COUN'TY �
� My Comm.Expiros Apri130,2017
i
Si nature of Not :.r �-' '~ -
9 ary ' .��._ L.�:_�_.�__ ... (Seal of Notary)
Sherri Evans
Bid Schedute 4-11 RR
AGREEMENT
THIS AGREEMENT, made and entered into this 23�d day of Januarv, 2014, by
and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter
referred to as "CITY" and Dvnamic Enqineering Services, Inc., hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional services as set forth in Exhibit "A" (CONSULTANT'S Proposal of
Services) in connection with the Construction Management of the Monterev Avenue at
I-10 Ramp Modifications Proiect 669-02.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(2) CONSULTANT shall perform all work necessary within the
schedules provided herein to complete the services set forth in Exhibit "A" attached
hereto and by reference incorporated herein and made a part hereof.
(3) All information, data, reports and records and maps as are existing
and available from the CITY and necessary for the carryings out of the work outlined in
Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and
CITY shall cooperate in every way reasonable in the carrying out of the work without
delay.
(4) CONSULTANT represents that, it employs or will employ at its own
expense, all personnel required in performing the services under this Agreement.
(5) All of the services required hereunder will be performed by
CONSULTANT or under its direct supervision, and all personnel engaged in the work
shall be qualified and shall be authorized or permitted under state and local law to
perform such services.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Public Works has not
authorized CONSULTANT to proceed.
(7) The CONSULTANT shall work closely with the CITY's Director of
Public Works, or his designated representative, who shall be the principal officer of the
CITY. The CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The Registered Civil CONSULTANT
hereby designated by the CONSULTANT as its representative for supervision of the
work required by this Agreement is Chia-Chi Wanq R.C.E. No. 50540.
(8) The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the
consultant, to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this
Agreement without liability or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
(9) The right is reserved by the CITY to terminate the Agreement at
any time upon seven (7) days written notice, in the event the project is to be abandoned
or indefinitely postponed, or in the event the CONSULTANT'S services, in the sole
judgment of CITY, are unsatisfactory or because of the CONSULTANT'S failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the CONSULTANT shall be paid the reasonable
value of the services rendered, based upon CONSULTANT'S standard hourly rates, up
to the time of the termination. The CONSULTANT shall keep adequate records to
substantiate costs and provide copies of original timecards in the event of termination or
suspension.
(10) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY. CITY acknowledges and agrees that all plans, specifications, reports and other
documents prepared by CONSULTANT pursuant to this agreement shall be used
exclusively on this project and shall not be used for any other work without the written
consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-use or
other use of the plans, specifications, reports or other design documents, CITY shall
require the party using them to indemnify and hold harmless CITY and CONSULTANT
regarding such re-use or other use, and CITY shall require the party using them to
eliminate any and all references to CONSULTANT from the plans, specifications,
reports and other design documents.
(11) The CONSULTANT shall comply with all federal, state and local
laws, ordinances and reguiations applicable to work.
(12) No change in the character or extent of the work to be performed
by the CONSULTANT shall be made except by supplemental authority in writing
between CITY and the CONSULTANT. The supplemental authority shall set forth the
changes of work, extension of time and adjustment of the fee to be paid by CITY to the
CONSULTANT, if any.
(13) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The CONSULTANT
shall take affirmative actions to insure equal employment opportunity and that
employees are treated, during their employment, without regard to their race, religion,
color, sex or national origin. Such actions shall include, but not limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay, or other forms of compensation and selection for
training, including apprenticeship. This clause shall be included in each related
subcontract, if any, awarded by the CONSULTANT.
(14) The CITY agrees to pay the CONSULTANT for the work required
by this Agreement on the following basis:
CONSULTANT shall submit invoices monthly for services performed in
the previous month not to exceed the total contract amount of: �785,714.20 Seven
Hundred Eiqhty-Five Thousand, Seven Hundred Fourteen Dollars: 20/100 ONLY).
CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice.
CITY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of
receipt of said invoice.
(15) The CONSULTANT agrees to complete the work as displayed in
Exhibit "A" and described in the CONSULATANT Proposal submitted by Dynamic
Engineering Services, Inc., dated November 6, 2013.
(16) In the event that any judgment is entered in any action upon this
Agreement, the party hereto against whom such judgment is rendered agrees to pay the
other party an amount equal to the reasonable value of the legal services performed in
his or its behalf in such action and that such amount may be added to and made a part
of such judgment.
(17) This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned by the CONSULTANT without written consent of
the CITY.
(18) The CONSULTANT shall be an independent contractor, not an
employee of the CITY. �
(19) Prohibited interests are as follows:
No officer, member or employee of the CITY during his tenure or one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non-contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such
information will be made in writing to the other party or parties, even if such interest
would not be considered a conflict of interest under applicable laws.
The CONSULTANT hereby covenants that he has, at the time of this
Agreement, no interest, and that he shall not acquire any interest in the future, direct or
indirect, which would conflict in any manner or degree with the performance of services
required to be performed pursuant to this Agreement. The CONSULTANT further
covenants that in the performance of this work no person having any such interest shall
be employed by the CONSULTANT.
(20) The CONSULTANT shall indemnify and save harmless the CITY,
its officers and employees from and against any liability, loss, cost or expense resulting
from any injury or damage to persons or property arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents
or employees, while engaged in the performance of this Agreement. The
CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed,
certification of adequate coverage for "errors and omission" insurance in amounts
approved by the City Attorney. Any such insurance shall not be canceled prior to
written notice to and approval from the CITY.
(21) The City shall not be responsible for payment for services by the
Consultant that are directly related to addressing discrepancies, errors, omissions,
ambiguities, etc. in the plans, specifications, and estimates.
(22) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(b) Exhibit "A" (CONSULTANT'S Proposal of Services, and any written
modifications thereto).
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT DYNAMIC ENGINEERING
a Municipal Corporation SERVICES,INC.
Van G. Tanner, Mayor (to be notarized) Authorized Signature (to be notarized)
Date: Date:
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mark Greenwood, P.E. David J. Erwin, City Attorney
Director of Public Works
CONSULTANT NOTARY ACKNOWLEDGMENT
State of }
} SS
County of }
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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.
Signature (Seal)
CITY NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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.
Signature (Seal)
EXHIBIT "A"
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Page 2
EXHIBIT "A"
City of Palm Desert, Monterey Avenue / 1-10 Ramp Modification Project, No. 669-02
Project Activities
Constructability
Review/Quantity
Takeoff
Coordinate with
utility companies
Photograph and
Video the site
Pre -construction
Conference
Weekly Progress
and Sched. Mtgs.
Deficiency Log
Process Submittals
Track Quantities
Process RFIs
Review Contract
Change Orders
WSWD & Weekly
Status
Biological
Monitoring
Labor Compliance
Progress Payments
Project
Documentation
Project
Schedule
Utility relocations
QA/Inspection
Progress Photos
SWPPP
Outreach
Landscape
Daily Reports
Safety Monitoring
Final Inspection
"As -Built" Drawings
Final Pay Req.,
Cert. of Completion
Dispute Resolution
Project Files
Review for constructability, bidability and perform value engineering.
Perform independent quantity take off for construction cost.
Meet with all utility companies responsible for relocating their own lines
and/or equipment
Take Pre -Construction photos and videotape the existing condition
Arrange a pre -construction meeting with agencies, contractor, utility
companies & address all concerns. Review contract admin items.
Conduct weekly meetings to discuss schedule, change orders, new issues,
submittal status, RFI's, safety, deficiencies etc.
Maintain log of non -compliant work items.
Review and track all submittals for completeness & constructability.
Track quantities of completed/force account work for payment.
Answer Contractor's RFIs, ensure Designer answers design RFIs
Review CCO's proposed by the Contractor. Recommend needed CCO's.
Track cash flow for CCO's
Issue a Weekly Statement of Working Days, showing days remaining, rain
days etc.
Provide monitoring, develop employee education program, ESA fencing,
enforce Biological Mitigation Plan
Monitor for compliance with the applicable labor laws and contract
requirements, such as prevailing wage requirements
Review contractor's payment requests, verify completed quantities.
Maintain filing system in accordance with Caltrans LAPM for project
documentation.
Review contractor's baseline, monthly, & "look -ahead" submittals. Notify
all parties of deviations from schedule.
Continuation of pre -construction activities. Assist in coordination and
scheduling of utility work.
Inspect work to ensure compliance with contract documents. Reject
unacceptable work using Deficiency Log.
Continue taking pictures to document the contractor's progress.
Assist with review, approval and monitoring of Contractor's SWPPP
Respond to citizens and business owners concerns
Registered Landscape architect provide onsite inspection and provide
decisions on planting and irrigation
Document contractor's daily operations and provide daily diaries
Review, monitor, document and enforce contractor safety procedures for
compliance with laws and regulations
Conduct a final inspection/walk through including maintenance & service
personnel.
Review Contractor's red line drawings, submit to the designer
Process the contractor's final payment request, issue a Certificate of
Completion, obtain applicable permits and a Project Final Report
As requested, provide assistance in resolving any outstanding disputes
Deliver all project files including photographs.
Page 1
D
tDELIVERABLE
Constructability
comments/Construct
ion Cost
Meeting agenda and
minutes
Photos, dated, with
labels, video.
Meeting agenda and
minutes
Meeting agenda and
minutes
Deficiency Log
Submittal Apprvi Log.
list of Quantities
RFI Log
Logs of Potential and
Issued CCO's
WSWD & Weekly
Status
Reports and
Inspection
Verify Payrolls,
Employee Interviews
Certified Pay Request
Project files/logs
Prog. Schedules,
Sch. Correspondence
Relocated utilities
Daily Reports. NCR
and Deficiency Log.
Label the Pictures
SWPPP Review
Minimize complaints
Accurate
documentation
Daily Reports
Conduct regular
safety/tail:ate m :s
Punch lists and
Notice of Completion
As -Built Redline Dwg
Final pay Req., Cert.
of Completion
Arbitration support
Project files/ e-files.
Team Past
RE/SR
RE/Inspector
RE/SR/Inspector
RE/SR
RE/SR
RE/SR/Inspector
RE/SR
RE/SR/Inspector
RE/SR
RE/SR
RE/SR
RE/inspector/BM
RE/SR/Inspector
RE/SR/Inspector
RE/SR
RE/SR
RE/Inspector
RE/SR/Inspector
Inspector
RE/SR/Inspector
RE/POM
Inspector/LA
Inspector
RE/SR/Inspector
RE/SR/Inspector
Inspector/RE/SR
RE/SR
RE/SR
RE/Inspector
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