Loading...
C17-68611-108 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 19th day of September, 2017, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and KyILEY-HORN AND ASSOCIATES. INC. whose address is 3880 Lemon Street. Suite 420. Riverside. CA 92501 ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. CITY desires to engage CONTRACTOR to provide Desigil Services for the Pennsylvania Avenue Widening Prosect; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Not with standing anything in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Desitin Services for the Pennsylvania Avenue Widening Project and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Darren Adrian as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 1 of 9 4. Comj�ensation. 4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal. CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed two hundred seventy nine thousand ei-,ht hundred gghty nine dollars.. ($279.889) without approval by the City Council of CITY. 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (151) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY'S: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; C. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advice CONTRACTOR in writing of the disputed portion. Oblisations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. Page 2 of 9 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. Page 3 of 9 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance, of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required X_ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY. 7. General Conditions I}ertaininL- to Insurance CoveratLe 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, Page 4 of 9 complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VH"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor (with the exception of Professional Liability Insurance), shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 8. Indemnification. 8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, reasonable attorneys' fees incurred by CITY, court costs, and defense costs, including expert witness fees to the extent arising out of, pertaining to, or Page 5 of 9 related to the negligence, recklessness or willful misconduct of the CONTRACTOR in the performance of this Agreement.. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability to the extent attributable to the negligence or fault of CITY. 9. Additional Services. Chan --es and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of AE,,reement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, Page 6 of 9 disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 12. Ownership of Documents: Audit. 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. 12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. 12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. Page 7 of 9 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. Page 8 of 9 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written. CITY: CITY OF BEAUMONT By: r l AlbCd 1 oyd White, Mayor CONTRACTOR: KIMLEY- RNA A SOCIATES, INC. By: Print Name: t Title: ! C t _ 1 S I- J__06� Page 9 of 9 EXHWIT "A" PROPOSAL Revised September 13, 2017 Pennsylvania Avenue Roadway 1,41idening Project Scope of Services The following scope of services contains the specific tasks requested by the City in the Notice of Intent to Award letter dated August 16, 2017. This removed tasks related to environmental studies and right-of-way acquisition contained in our original proposal dated April 27, 2017. This scope is for the Pennsylvania Avenue Roadway Widening Project along Pennsylvania Avenue between 6th Street and 1St Street and will be done simultaneously with the 1-101Pennsylvania Interchange project. Task 1: Project Management and Coordination Kimley-Horn team members will attend an initial kick-off meeting to confirm project elements, scope, and schedule; and attend coordination meetings with the City. Document significant items of discussion and decisions made during these meetings and forward to the attendees. We anticipate up to 15 meetings as part of this task. Prepare monthly progress reports, as part of the invoice package. Additionally, we will communicate with designated City staff (via phone, conference call, and email) to provide coordination between City staff and the Designer. We anticipate an 18 -month schedule and will run concurrently with the 1-10/Pennsylvania Interchange Project. Deliverables: Meeting Agendas and Minutes Progress Reports Invoicing Task 2. Utility Coordination Our Team will coordinate with affected utility agencies during the design. This entails sending utility notification letters to utility agencies identified from readily available City information and the field observation. We anticipate Beaumont Cherry Valley Water District, City of Beaumont (sewer), Southern California Gas, Southern California Edison, Frontier, and Time Warner. These letters will notify the utility agency of the Project, describe anticipated impacts and identify action required. We will provide follow-up calls to non- responsive agencies and generate a utility disposition matrix to serve as documentation and aid in tracking this task. Provide utility potholing to positively identify utilities within Caltrans RNV. Up to two days of potholing is anticipated (approx. 8-10 potholes). Deliverables: • Utility Notification Letters • Utility Disposition Matrix- . Potholing Report Task 3: Research and Field Observation Our Team will obtain and review readily available record drawings and other data relevant to the design. This consists of obtaining information from the City, Caltrans, and impacted utility agencies. This information will be used to -assist in compiling base mapping and identifying design constraints. We will perform a field RevO Revised September 13, 2017 observation to field check and document visible conditions relevant to the design. This consists of observing existing hardscape, surface utility features, and other constraints found within the project area. We will obtain key photographs and field notes for the design. Task 4: Traffic Analysis (OPTIONAL) We will prepare a traffic analysis to evaluate the 1-10 Freeway mainline, Pennsylvania Avenue and ramps. Limits along the freeway are between Beaumont Avenue and Highland Springs Road encompassing analysis of mainline capacity, merge/diverge with ramps, and weaving. Limits along Pennsylvania Ave are between 6th Street and 1st Street (five intersections/four segments) encompassing segment and intersection analysis. Existing, Opening Year, and 20 -year Buildout Conditions will be analyzed. We assume RIVTAM model data will be provided to conduct future analyses. As part of the analysis, we will provide an Intersection Control Evaluation (ICE) according to Caltrans Traffic Operations Policy Directive No. 13-02. This will provide initial assessment/screening to identify intersection concepts that merit further consideration, and then engineering analysis to assist in comparing concepts. Deliverables: Draft and Final Traffic Analysis Task 5.• Field Surveying and Base Mapping (area coverage exhibit contained with fee) The Kimley-Horn Team will provide aerial mapping and supplemental field surveys at a scale of 1" = 50'. Aerial mapping will contain planimetrics and two -foot contours. We will perform supplemental field topographic surveys to encompass 25 -foot cross sections, planimetrics and culture: 1) along the outside ETW on 1-10 where the two proposed ramps will join; 2) westbound off -ramp just west of the gore area; 3) Pennsylvania Avenue between the Railroad and 6th Street; 4) and selective features potentially impacted by the proposed improvements. Aerial mapping will encompass the future extension of 2nd Street from Pennsylvania Avenue to approximately 700' west of Commerce Way. The supplemental surveys will be merged with the aerial mapping and delivered in a MicroStation DGN file format. We will recover the existing street centerline monuments along Pennsylvania Ave as shown on readily available maps and deeds within the project area. We will plot existing R/W based on record maps. We will plot property lines for impacted properties in the northeast quadrant based on record data. We will prepare a Record of Survey, as required under California PLS Act 8762. Plot overhead and underground utility lines based on readily available data and record drawings. Task 6: Geotechnical Engineering Analysis and Reports (additional description contained with fee) Our Team will perform a geotechnical evaluation consisting of field observations, obtaining field samples, and conducting analysis to assist with the design of the proposed ramps according to Caltrans standards and requirements. This will address items such as excavation and embankment requirements, pavement section and considerations for potential retaining walls. We anticipate obtaining up to seven borings, approximately 10 to 50 feet deep, for the analysis. Deliverables: • Draft and Final Geotechnical Design Report • Draft and Final Materials Report 2 RevO Revised September 13, 2017 • Draft and Final Foundation Report Task 7: Pavement Life Cycle Cost Analysis (LCCA) (NOT INCLUDED) Our Team will provide a LCCA based on Caltrans LCCA Procedures Manual. This will study the proposed pavement using engineering economic principles to evaluate long-term investment options using the RealCost software. We will coordinate results with Caltrans Materials group to gain concurrence on the approach for proposed pavement sections. Deliverables: .. Draft and Final LCCA Task 8: Drainage Reports Our Team will prepare a Drainage Report to address hydrology and hydraulics for the site and provide design recommendations. Modification of existing drainage inlets and other drainage structures (e.g. concrete ditch and headwall) are anticipated as part of the project. Modifications are intended to maintain existing drainage patterns and flows. Flows north of the freeway will discharge to the existing headway at the terminus of the concrete ditch at the end of the existing westbound off -ramp. Flows from the new eastbound off -ramp will discharge to the existing cross culvert that discharges south of the railroad tracks. Calculations will consist of comparing the pre- and post -project conditions at the site. Evaluation is limited to the impacted portion of the storm drain within the project site. Drainage inlets or overside drains will be incorporated into design where necessary, i.e. to limit flooded width, at low points, and changes in superelevation. Evaluation of the existing storm drain system is not anticipated to be necessary. The scope does not include improvements or upsizing the storm drain mainline within Pennsylvania Avenue. Since the project is located within the 100 - year floodplain for the Beaumont Channel, a Location Hydraulic Study, and Floodplain Encroachment Report will also be needed. These will follow Caltrans requirements using much of the information contained in the Drainage Report. Deliverables: • Draft and Final Drainage Report • Draft and Final Location Hydraulic Study • Draft and Final Floodplain Encroachment Report Task 9: Water Quality Management Plan (OPTIONAL) We will prepare a Water Quality Management Plan (WQMP) to address impacts the project may have on storm water quality. The effort for this task encompasses report preparation, calculations for Best Management Practices (BMPs) and coordination with the plans and special provisions. The landscaped area within the new westbound loop ramp will provide an opportunity for constructing a new treatment BMP. If onsite infiltration allows, a new infiltration basin will be proposed to treat the required water quality volume. If onsite infiltration is poor, then either a bioretention or detention basin will serve as the primary BMP. Vegetated swales will be constructed to pretreat stormwater before entering the basin where practical. It is anticipated that the BMP within the loop ramp area will be able to treat the required water quality volume for the entire project. A BMP is not anticipated to be constructed along the east bound off -ramp. Deliverables: • Draft and Final WQMP RevO Revised September 13, 2017 Task 70: Storm Water Pollution Prevention Plan (OPTIONAL) We will prepare a Caltrans format Storm Water Pollution Prevention Plan (SWPPP) for the Project to comply with the Construction General Permit (CGP). This will address disturbed areas identified with the design. We anticipate a Risk Level 2 for this project. Once the SWPPP is approved, provide information to assist the City in uploading to the SMARTS system. Deliverables: • Draft and Final SWPPP Task 11: Geometric Approval Dra wings (GADS) (NOT INCLUDED) The Kimley-Horn Team will prepare Caltrans format GADs. This entails a strip plot showing plan view geometric data with critical dimension; typical sections; ramp profiles; and traffic data for the approved build alternative. Deliverables: • Geometric Approval Drawing Task 72. Fact Sheets (OPTIONAL) We will provide documentation of non-standard features within Caltrans RIW. This entails preparation of Caltrans standard Fact Sheets for advisory or mandatory design exceptions. We anticipate both mandatory and advisory fact sheets with up to eight non-standard features. Deliverables: • Draft Fact Sheets • Final Fact Sheets Task 13: Interstate Modified Access Report (IMAR) (NOTINCLUDED) We will prepare a separate report that addresses FHWA policy requirements for modified access. Follow the submittal requirements described in FHWA's Interstate System Access Information Guide. We anticipate summarizing information generated from other tasks contained herein. Address up to three rounds of comments from Caltrans for the Interstate System Access Change Request. Address up to two rounds of consolidated comments from all agencies for Final Approval. Deliverables: • Draft IMAR • Final IMAR Task 14: Demolition Plans (NOTINCLUDED) We will provide demolition plans to identify removals within the limits of work. This entails showing removal of primary features such as pavement, curb/gutter, concrete ditch, sidewalk, fencing, signs, guard rail, and large trees. Task 75 Layouts, Profiles, Typical Sections and Details We will show layouts, profiles and super -elevation diagrams for the three proposed ramps and Pennsylvania Avenue street widening from 1St Street to 6th Street. Plot working cross sections at 25 -foot intervals. We will 4 RevO Revised September 13, 2017 show ramp and street typical sections. We will provide blow-up details for new ramp intersections, ADA curb ramps and joins with freeway. We will provide a strip plot of the existing ground profile for the future 2nd Street extension from Pennsylvania Avenue to approximately 700' west of Commerce Way based on the aerial mapping obtained in Task 5. Task 76: Drainage Plans Provide drainage plans for impacted systems. We anticipate surface conveyance along the proposed ramps up to Pennsylvania Avenue, and then minor modifications to join existing storm drain. Modification is anticipated at the existing westbound offramp crossing Pennsylvania Avenue to connect to the proposed loop ramp area. Show details for catch basins and items that deviate from published Caltrans standards. Task 79: Composite Utility Plans The Kimley-Horn Team will provide composite utility plans to show existing underground and overhead utilities within the project area, and proposed relocations. These will identify high risk utilities and reflect existing facilities per readily available record information, the field observations, field surveys, and selective potholing, as indicated herein for positive identification complying with Caltrans requirements. We will show proposed facilities based on utility coordination as indicated herein. This plan if for coordination purposes only. Utility relocation plans are anticipated to be by the respective utility agency. Task 20: Pavement Delineation and Sign Plans We will prepare pavement delineation and sign plans showing proposed signing and striping along the three ramps. We will show necessary transition striping and advanced signing along Pennsylvania Avenue. Standards will be according to the California Manual on Uniform Traffic Control Devices (MUTCD). Task 22 Traffic Handling and Detour Plans Our Team will prepare traffic handling plans at a scale of 1"=50' to indicate temporary traffic delineation for adding the ramp connections. This consists of showing short-term lane closures along the freeway outside lane for the two new ramps. Along Pennsylvania Avenue, this consists of showing a traffic shift for up to two stages of work. For the realigned westbound of -ramp, provide a short-term detours plan for full closure of the ramp for the join to existing ramp just west of the gore area. Task 24: Erosion Control Plans We will prepare erosion control plans at a scale of 1"=50'to indicate erosion control BMPs to be implemented by the contractor prior to and during construction. These will address disturbed areas of the site and also serve as the basis for development of the SWPPP described herein. This plan considers the entire disturbed area of the project and does not attempt to address construction staging. Task 25 Specifications Our Team will provide Caltrans Standard Special Provisions (SSP's) for the items identified on the plans noted herein. We will provide additional information on these, such as bid item description, according to content shown on boiler plate special provisions provided by the City. We will provide a bid item list incorporating these items. We anticipate that the City will prepare the other sections of the specification document and incorporate these SSP's within a designated section of the overall document. Task 26.• Opinion of Probable Construction Cost RM Revised September 13, 2017 We will prepare an opinion of probable construction cost for comparison to project budget and assistance during the contractor's bidding process. We will show measurement of units per the project specifications and provide additional detail for lump sum items. Derive unit prices from readily available current bid information on similar work within the area. Submit backup information along with the estimate if requested for City record and concurrence. Deliverables: 65% PS&E — Four sets to City 95% PS&E — Four sets to City 100% PS&E — Four sets to City Final PS&E — One set signature bonds and electronic files RM Revised September 13, 2017 Assumptions: The following assumptions have been made in regard to our scope and fee: 1. The City will coordinate with Caltrans regarding submittals, status, resolution of comments and other related coordination as part of the PEER and encroachment permit process. Our effort is limited to the coordination stated in Task 1. 2. Our team will execute agreements for the design of both the 1-10/Pennsylvania Interchange and Pennsylvania Avenue Roadway Widening Projects. We assume the Roadway Widening Project runs concurrent with the 1-10/Pennsylvania Avenue Interchange Project. Two separate bid packages will be prepared, one for the Interchange and the other for the Roadway Widening. 3. The geotechnical report will cover both the interchange and widening projects in a single report. 4. The drainage report will cover both the interchange and widening projects in a single report. 5. All drawings will be submitted in a format compatible with MicroStation V8i. 6. Specifications and other written documents will be submitted in Microsoft Word Version 2010 or later. 7. Cost estimates and other spreadsheets used will be submitted in Microsoft Excel. 8. A single Build Alternative will move forward. For purposes of this scope and fee, we are assuming the configuration shown as Concept 1 in the RFP will be the Build Alternative. 9. Design changes or additions due to evaluation of non-standard features, or other request, are not included. 10. Field Surveys: All surveys will be tied to the County of Riverside horizontal (NAD83, Zone 6) and vertical (NAVD88) datums. Coordinate and process encroachment permit with Caltrans to conduct field surveys within Caltrans right-of-way (permit fees up to $750). Provide traffic control for the field surveys consisting of cones along the edge of traveled way and a warning sign indicating field surveys in progress. Lane closures or other form of traffic control is not anticipated to be necessary. 11. For all above -stated deliverables we anticipate one round of consolidated comments per submittal. If additional comments are received, we will schedule a workshop to resolve and then make the final submittal. 12. Effort for the Location Hydraulic Study is based on receiving the backup hydrologic model (HEC -1 model) from FEMA that was used to establish the 100 -year flood hazard area shown on the effective FIRM panel. The FEMA model will be modified to reflect the project conditions and demonstrate no impact to the existing floodplain. The effort does not include budget for creating a new hydrologic model if the original model cannot be obtained from FEMA or another local agency. 13. Utility relocation designs are not included. If needed, these can be provided at an additional cost. RevO Revised September 13, 2017 14. Geotechnical testing during construction is anticipated to be provided by others or by separate agreement. 15. We assume no impact to the existing freeway undercrossing structure. Structural design or analysis of this bridge is not included. 16. Construction staking is not included. We assume this will be provided by others. 17. Items indicated as optional can be provided for an additional fee as indicated in the Fee Estimate. 18. Project schedule will not exceed 18 months. 19. Environmental studies and right-of-way acquisition tasks are not included. 20. Number of drawings are indicated for each discipline within the fee sheet. If these change, we will need to re -assess our effort and fees. 21. Work for common tasks associated with the interchange occur simultaneously. 22. Retaining walls are not needed. 23. Utility relocation designs are not included. If needed, these can be provided at an additional cost. 24. Impacts to the existing at -grade railroad crossing are unknown at this time. Work associated with the at -grade crossing is not included. 25. Traffic signal modifications at 6t" Street are not included. If needed, it can be provided at an additional cost. Attachments: • Expanded Scope for Field Surveys and Base Mapping (Towill) • Expanded Scope for Geotechnical Engineering Analysis and Reports (Kleinfelder) s RevO Komley))) i'iorn Hourly Billing Rate Task 1 Project Management and Coordination Task 2 Utility Coordination Task 3 Research and Field Observation Task 5 Field Surveying and Base Mapping Task 6 Geotech Engineering Analysis and Reports Task 8 Drainage Report Task 15 Layouts, Profiles, Typ Sections and Details (8 Task 16 Drainage Plans (2 Sheets) - Task 19 Composite Utility Plans (2 Sheets) - Task 20 Pvmt Delineation and Sign Plans (2 Sheets) - Task 22 Traffic Handling Plans (2 Sheets) - Task 24 Erosion Control Plans (2 Sheets) Task 25 Specifications - Task 26 Opinion of Probable Construction Cost - TOTAL HOURS - Subtotals FTE (Weeks) Expenses (as a percentage of labor fees) Labor Escalation TOTAL COST OPTIONAL ITEMS FTask4Traffic Analysis Water Quality Management Plan (City R/W) Task 9 Water Pollution Control Plan (Caltrans R/W) Task 10 Storm Water Pollution Prevention Plan Task 12 Fact Sheets Expenses - Utility Potholing TOTAL COST FOR OPTIONAL ITEMS 9/1/2017 R/W Acq. CPSI Schedule = Total Hours 18 Months Labor Cost Total Cost 261 44 $ $ 52,410.00 6,860.00 $ $ 52,410.00 6,860.00 20 30 $ $ 3,230.00 4,270.00 $ $ 3,230.00 25,467.00 28 $ 5,120.001 $ 24,670.30 130 $ 18,990.00 $ 18,990.00 328 $ 53,240.00 $ 53,240.00 80 $ 13,200.00 $ 13,200.00 46 $ 6,970.00 $ 6,970.00 46 $ 7,210.00 $ 7,210.00 46 $ 7,210.001 $ 7,210.00 46 $ 7,210.00 $ 7,210.00 146 $ 24,930.00 $ 24,930.00 95 $ 15,200.00 $ 15,200.00 1346 $ _ $ 226,050 $ 266,797 33.7 3.50% $ 7,912 $ 5,180 $ 279,889 150 $ 24,440.00 $ 24,440.00 80$ 80 $ __12,010.00 12,010.00 $ $ 12,010.00 12,010.00 84 $ 13,010.00 $ 13,010.00 182 $ 31,700.00 $ $ 31,700.00 10,000 $ 103,170