o 35%, 65%, 95% and 100% Plans
The Kimley-Horn team will prepare an Opinion of Probable Construction Costs (OPCC) based on anticipated construction items and quantities for comparison to project budget and assistance during the Contractor’s bidding process. Unit prices will be derived from readily available current bid information based on similar projects within the area. Backup will be generated for lump sum items.
Contingencies will be shown, as agreed upon with City staff.
6.6 CONSTRUCTION SCHEDULE
The Consultant shall prepare a minimally detailed construction Critical Path Method (CPM) schedule to support the calculation of the number of Working Days for the Project construction. The CPM schedule shall be provided at the 35%, 65%, 95%, and 100% milestones.
Deliverables:
o 35%, 65%, 95% and 100% Plans
6.7 Value Analysis
The Consultant will provide a Value Analysis (VA) in accordance with Caltrans PDPM Chapter 19. This entails the following:
• Provide a qualified, independent Certified Value Specialist (CVS) team leader to lead a VA study in accordance with Caltrans value methodology.
• Provide VA study documentation in accordance with City of Banning guidance. • Ensure that applicable data and correspondence and any other relevant information necessary for the VA study is collected, developed, and distributed.
• Facilitate VA Team Meetings.
• Develop the Draft VA Study Charter (Attachments A, B, and C per the Caltrans Team Guide). • Leading VA study. Participants will include the City of Banning, project development team staff, and key outside project stakeholders (local transportation agencies, local government, and permitting agencies). It is assumed that the City will provide any independent VA team members. • Complete the Preliminary VA Study Report with input/review of VA Team and technical reviewers in accordance with the VA Report Guide – Third Edition and with the following items:
• A distribution list for the VA reports must be developed with the City. • Submit Preliminary VA Study Report as an electronic copy; no more than 2 weeks following Initial VA Presentation, as specified in the report distribution list. • Coordinate with the City on the project stakeholders’ responses to the Preliminary VA Study Report and prepare for an implementation meeting to resolve the disposition of the VA alternatives and finalize the VA study reportables (costs, performance, and value indices). • Submit Final VA Study Report as specified in Caltrans VA Report Guide – Third Edition. Report should be submitted no more than 3 weeks following VA Final Presentation. Final VA Study Report will be an electronic copy in PDF format.
• Provide Caltrans HQ VA Program Manager electronic copies of the Preliminary and Final VA Study Reports so they can be included in their annual reports to FHWA.
Deliverables
o Preliminary and Final VA Study Report
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Task 7 - Right-of-Way
Licensed land surveyors will perform right-of-way engineering, mapping, and field surveys required for this task. This Project will require the acquisition of additional right-of-way. The acquisition process shall be conducted in accordance with the California Government Code, Code of Civil Procedure, and corresponding Regulations. City will review and approve all right- of- way-related work and deliverables.
7.1 RIGHT-OF-WAY REQUIREMENTS
The Consultant shall determine right-of-way needs and prepare exhibit strip plot map for submittal to Caltrans Right-of-Way. The Consultant shall identify the need for new right-of-way, new access control, permanent easements, and temporary construction easements. The Consultant shall coordinate with affected agencies to determine right-of-way impacts (including utility right-of-way needs). Caltrans will approve right-of-way requirements prior to initiating preparation of right-of-way maps.
Deliverables:
o Right-of-Way Requirements Map
The Kimley-Horn team will prepare Parcel Impact Memorandums for up to four (4) commercial businesses. The memorandums will summarize temporary and permanent impacts to these businesses to assist in negotiations, agency approvals, and documentation of right-of-way requirements.
7.2 RIGHT-OF-WAY MAPS
The Right-of-Way Base Map prepared during the data collection phase shall serve as the base map indicating existing features. Right-of-Way Maps shall include the following:
o Consultant shall identify improvements including monument business signs etc. that will be removed and or relocated as a part of the Project.
o Consultant shall prepare right-of-way maps at a scale approved by Caltrans reflecting rightof-way for the Project, including acquisitions and easements required for maintenance access, drainage, material sites, utilities, and construction work areas, as necessary. The Consultant shall also show access control.
o Consultant shall perform the Pre-Construction Record of Survey.
Deliverables:
o Right-of-Way Map
We anticipate providing right-of-way requirement mapping in our plan set and updating at each identified submittal.
7.3 APPRAISAL MAPS, PLATS, AND DESCRIPTIONS
o The Consultant shall hire a Right-of-Way Acquisition Consultant to prepare legal descriptions, plats, deeds, and maps for each parcel acceptable to Caltrans and the City for conveyance of marketable title interests and for accurate representation of right-of-way necessary for construction of the Project.
o The Consultant shall prepare legal descriptions, plats, and maps acceptable to utility 866
companies (as required) and the City for conveyance of marketable title interests and accurate representation of easements necessary for construction of the Project. o The Consultant shall prepare right-of-way maps acceptable to Caltrans. o A licensed Appraiser hired by the Consultant will be responsible for the preparation of appraisals as required by Caltrans. The appropriately licensed appraiser shall be used for commercial/industrial buildings, private homes etc. Consultant shall provide the required documentation to the Right-of-Way Acquisition Consultant to allow them to prepare the necessary appraisals for any property required for the Project. o An experienced Right-of-Way Acquisition Consultant shall be responsible for right-of- way negotiations and coordination with City representatives. o The Consultant shall prepare the necessary Caltrans Local Assistance Paperwork associated with utility relocations.
Consultant shall prepare exhibits and descriptions for Temporary Construction Easements (TCE) to assist the City's Right-of-Way Consultant in performing appraisals and acquisitions.
Deliverables:
o Plats and Legal Descriptions
o TCE Descriptions & Exhibits
We anticipate up to 20 plats and legal descriptions.
We assume no right-of-way transactions with Caltrans.
Land Title Services
• The Kimley-Horn team has an acute understanding of the history of government patents and the determination of land grant ownership priority rights. We will secure Preliminary Title Reports and Litigation Guarantees early in the acquisition process. When reports are delivered, our team will review and create Exception Reports, noting any exceptions that need to be cleared during the acquisition process. Our title team reviews all California Code of Regulations (CC&R’s) to ascertain any issues that need to be addressed during the acquisition process Real Estate Appraisal Services/Appraisal Reports
• The Kimley-Horn team will coordinate the preparation of appraisal reports that will be used for the proposed acquisition of the property rights required. Our team of appraisers will appraise the necessary permanent and temporary property rights required for project. Valuations will include a determination of the Highest and Best Use of Properties, an analysis and determination of the “larger parcel” (as defined by: Use, Contiguity, Common Ownership) as well as severance damages, if applicable to partial acquisitions. Appraisal reports will be used to establish the fair market value and become the basis for the determination of Just Compensation set by the County. All appraisals will be in compliance with Caltrans requirements and USPAP (Uniform Standards of Professional Appraisal Practice). For non-complex acquisitions with valuations less than $15,000, Paragon will provide Broker Opinions of Value/Waiver Valuations in lieu of appraisal reports.
Acquisition Services
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• The Kimley-Horn team will perform the required acquisition services in accordance with the Caltrans Right of Way Manual; the Uniform Relocation and Real Property Acquisition Policies Act (49 CFR Part 24), as amended; Title 25 California Code of Regulations; California Code of Civil Procedures and the County own policies and procedures. The Kimley-Horn team will prepare Receipt of Offer packages which list in detail all components of the offer delivered to the Owner.
A thorough Quality Assurance /Quality Control (QA/QC) will be performed by the Project Manager.
• The Kimley-Horn team will meet with Owners or their representative, (typically 3 contacts or more) from the date the offer is tendered until the signing of a purchase and sale agreement.
The Kimley-Horn team will contact and negotiate in good faith with the property owner, owner’s agent, tenants and/or lessees (as required and appropriate) at appointed times convenient for them to present the formal written offer. The offer will be delivered in person and the agent shall explain the relevant details of the acquisition. Paragon takes pride in its ability to successfully negotiate property and property rights agreements and settlements using good interpersonal skills, a sound understanding of the facts and issues, and solid technical prowess. • The Kimley-Horn team will maintain a parcel diary of all pertinent information and contacts made with respect to the acquisition negotiations. The diary will be updated documenting every contact with each property owner, including a summary of the status of negotiations indicating the concerns of the owner and all relevant information about the status of negotiations. We will coordinate the acquisition process with the County, legal counsel and property owners. The executed documents (acquisition agreements and executed deeds, etc.) will be promptly transmitted to your team for acceptance and processing.
Relocation Assistance Services
• The Kimley-Horn team will prepare and present the General Information Notice, Relocation Brochure, Notice of Eligibility and conduct interviews with the tenants immediately after the offer is presented.
• For the relocations required, we will contact and interview site occupants to discuss the project and their relocation needs and preferences. This is when the agent needs to receive information from the displace in order to ascertain their needs and desires for a replacement site. • The Kimley-Horn team will keep detailed, up to date and concise files for each displaced business, person or household and will personally inspect all referral and replacement properties to confirm they are decent, safe and sanitary (DS&S) and meet the needs of the displaced person(s). We will verify that move bid specifications are obtained for each commercial displace. A determination of furniture, fixture and equipment (FF&E) ultimate disposition will take place early. We will prepare and negotiate FF&E offers.
We assume that coordination and managing the disposition of Surplus Properties is excluded.
Task 8 - Coordination, Agreements & Permits
This task encompasses coordination with the City and its various departments (such as Public Works, Community Development, Banning Electric Utility, Water and Wastewater, Transit, Police etc.), other involved agencies, private property owners and business owners for compatible design and phasing of construction with existing and proposed conditions. This task also encompasses the agreements and permits necessary to design and construct the Project.
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Coordination may include:
A. Union Pacific Railroad (UPRR), Amtrak Sunset Limited, and the California Public Utilities Commission (CPUC)
B. Caltrans District 8 (Caltrans)
C. Riverside County Flood Control and Water Conservation District (RCFC&WCD) D. United States Army Corps of Engineers (USAGEUSACE)
E. Regional Water Quality Control Board (RWQCB)
F. California Department of Fish and Game
G. Non-City Affiliated Utility Companies (Gas, Frontier, Edison etc.) H. Property and business owners, and residents
The Consultant shall provide technical support and prepare documents necessary for executing agreements and obtaining permits needed for the construction of the Project. Permits anticipated for the construction of the Project include:
A. UPRR Construction & Maintenance Agreement
B. CPUC General Order 88-B Application
C. Caltrans Encroachment Permit
D. RCFC&WCD Encroachment Permit
Permits necessary for the design of the project shall be obtained by the Consultant (with City assistance, as necessary). Permits anticipated for the design of the Project include:
A. UPRR Right-of-Entry Permit
B. RCFC&WCD No-Fee Access Permit
C. Caltrans Encroachment Permit (for surveying, potholing, etc.) The Consultant shall provide technical support and required documentation to the Right-of-Way Acquisition Consultant for escrow agreements, temporary and permanent easements, County recordation, all required notices associated with the acquisitions and permits.
City shall pay for (or reimburse) any permit fees required for design and construction.
City shall waive (or pay other departments for) any permit fees related to survey, potholing, geotechnical investigation, etc. within City right-of-way.
Deliverables:
o Permits, as required for design and construction.
We have assumed an allowance of $15,000 for permit fees.
8.1 UNION PACIFIC RAILROAD (UPRR)
Coordination with UPRR Railroad will include a Right-of-Entry Agreement, the preparation and execution of a Construction & Maintenance Agreement, and plan submittals and review.
The Right-of-Entry Agreement will be executed between UPRR and the Consultant, permitting access 869
for data collection (e.g. survey). All personnel entering UPRR's right-of-way shall complete Union Pacific Property Access Training (UP-PAT).
Assumptions:
o The Consultant shall pay the License Fee and shall be reimbursed by the City. o Use of the UPRR right-of-way during design shall be limited to survey. and field inspection.
Geotechnical investigations and potholing shall be performed outside of the UPRR right-ofway.
Deliverables:
o UPRR Right-of-Entry Agreement
We have assumed an allowance of up to $15,000 for the UPRR License Fee, which will be determined by UPRR.
Construction & Maintenance Agreement
Review and approval of the design by UPRR will be required. Formal approval is expected to be provided through execution of a Construction and Maintenance Agreement. The Consultant shall prepare the text and associated exhibits.
Deliverables:
o UPRR Construction & Maintenance Agreement
Submittals
The Consultant shall submit plans to UPRR via the City for review and approval. The requirements of the UPRR/BNSF Guidelines for Railroad Grade Separation Projects shall be followed, which includes the following submittals for Overpass structures:
• Concept Submittal
• 30% Submittal
• Final Plans Submittal
The Concept submittal shall include the following:
• Plan, Elevation, and Typical Section of proposed grade separation. • Photo log with pictures of the proposed project location. Site pictures shall be in all controlling directions including North, East, South, and West. The plan view should show a reference location and direction for each picture.
The 30% submittal shall include the following:
• Applicant response to Railroad review comments on the concept submittal. The 30% submittal shall reflect concept review comments.
• Design Plans showing a Plan View, Elevation View, Typical Section, Construction Notes and Railroad Profile Grade Diagram.
• Project Specifications and/or Special Provisions, including Railroad coordination requirements. • Shoofly Design Plans
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• Drainage Report (as required).
• Construction Phasing Plans must show all required phasing, construction procedures, temporary shoring layout, controlling dimensions and elevations.
The Final Plans submittal shall include the following:
• Applicant response to Railroad review comments on the 30% submittal. The Final Plans submittal shall reflect all previous review comments.
• Design Plans showing a Plan View, Elevation View, Typical Section, Construction Notes and Railroad Profile Grade Diagram.
• Project Specifications and/or Special Provisions, including Railroad coordination requirements. • Drainage Report (as required).
• Construction phasing plans must show all required phasing, construction procedures, temporary shoring layout, controlling dimensions and elevations.
At the conclusion of plan review and comment resolution, it is expected that UPRR will issue a letter of project acceptance.
Deliverables:
o UPRR Concept Submittal
o UPRR 30% Submittal
o UPRR Final Plans Submittal
• Assumes UPRR will provide the initial construction and maintenance agreement and our team will provide input. The City will provide necessary information not readily available to the Kimley-Horn team. The City will take the lead in negotiating the agreement with UPRR.
8.2 CALIFORNIA PUBLIC UTILITIES COMMISSION (CUPC)
The Consultant shall provide the City will the necessary support, applications, drawings, exhibits, meetings, and other material required to obtain CPUC approval. For a General Order 88-B, the application package may include:
• Request to CPUC Staff for Authorization to Alter Highway-Rail Crossing Pursuant to General Order 88-B (Application Form)
• Vicinity Map
• General Plan & Profiles
• CEQA Notice of Exemption
• Traffic Handling Plans
• Interim Conditions
Deliverables:
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o CPUC Field Diagnostic Meeting
o CPUC General Order 88- B Application
• The Kimley-Horn team will provide the City with the necessary support, applications, drawings, exhibits, meetings, and other material required to obtain CPUC approval of the proposed grade separation of the Hargrave Street At-Grade Crossing (DOT#760695J, CPUC#001B-568.80). This scope assumes CPUC approval will be obtained through the General Order 88-B process, and that the existing grade crossing will be removed and there will not be a temporary grade crossing with the shoofly tracks. Crossing warning device relocations and pre-emption calculations are excluded from this scope. The Kimley-Horn team will organize and facilitate one virtual diagnostic meeting, one field diagnostic meeting, and one review/coordination meeting during the application process. For a General Order 88-B, the application package encompasses:
• Request to CPUC Staff for Authorization to Alter Highway-Rail Crossing Pursuant to General Order 88-B (Application Form)
• Vicinity Map
• General Plan and Profiles
• Traffic Control Plans
• Construction Staging Plans
• CEQA Notice of Exemption
8.3 CALTRANS DISTRICT 8
Caltrans may exercise review and approval function through the City Project Manager at key points in the development process. All contacts with Caltrans will be directed through the City Project Manager.
The Consultant shall complete a Design Information Bulletin (DIB) 78-04 checklist for the geometric design. Once the DIB 78 is reviewed by Caltrans, a fact sheetDesign Standard Decision Document (DSDD) for mandatory bold design exceptions and for advisory underlined design exceptions will be prepared for Caltrans approval.
The Consultant shall complete the Permit Design Engineering Evaluation Report (DPEER) and shall support the City in obtaining an Encroachment Permit.
Deliverables:
o Caltrans Permit Design Engineering Evaluation Report
o Caltrans Encroachment Permit
• The Kimley-Horn team will obtain encroachment permits for geotechnical work, hazardous materials testing, and survey within Caltrans right-of-way. • It is assumed that Caltrans approvals will be processed through the Design Engineering Evaluation Report (DEER)/Short Form Quality Management Assessment Process (QMAP). This encompasses preparing a DEER report per the Caltrans standard template which will summarize the project. The DEER report will be prepared in parallel with design development and while an 872
encroachment permit is issued. We assume a dual permit is needed; one for applicable items in the design phase and another that the contractor will submit along with items that are required from them (i.e. SWPPP, insurance, etc.).
• If non-standard features are determined during design within Caltrans right-of-way, the KimleyHorn team will prepare a Caltrans Design Standard Decision Document (DSDD) to document and obtain approvals of non-standard features. For budgetary purposes, we have assumed up to ten nonstandard features will be documented.
8.4 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT The Consultant shall coordinate with RCFC&WCD for access to their right-of-way during the design phase via an Access Permit. A No Fee Access Permit typically covers:
• Environmental or Engineer surveys
• Site reconnaissance
• Water sampling
• Temporary access for staging work
The Consultant shall assist the City in obtaining an Encroachment Permit (if required) for construction.
An Encroachment Permit typically covers:
• Trenching for installation of water, sewer, storm drain, cable, and other utilities • Aerial utility crossings
• Water monitoring and extraction wells, soil sample borings, and potholes • Construction of trails, bridges, and other recreation/transportation features • Installation of landscape/hard scape, curbs, driveways, sidewalk, pavements and fences or walls.
Deliverables:
o RCFC&WCD No Fee Access Permit
o RCFC&WCD Encroachment Permit (if required)
• A permit may not be issued since the impacted portion of the storm drain is maintained by the City; however, we assume that RCFC&WCD may want to review the Drainage Study to confirm there are no impacts to their portion downstream.
8.5 UTILITY COORDINATION
The Consultant shall provide utility coordination that entails coordinating the protection and relocation of existing facilities as described herein except for those procedures that must be performed by the City.
The Consultant shall coordinate with utility owners and the City with respect to utility related matters.
Consultant shall provide copies of all correspondence with utility companies and other utility related information to the City. Correspondence, as described herein, shall be prepared by the Consultant for 873
either Consultant or City signature, as appropriate, as directed by the City's Project Manager.
Consultant shall monitor responses of utility notices received and make recommendations for mitigating conflicts. Consultant shall provide written responses to utility companies regarding stated concerns and conduct design coordination meetings with utility companies as needed. Unresolved issues shall be brought to the attention of the City's Project Manager as early as practical. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows:
• Consultant, through City staff, shall request and obtain a written acknowledgement of any conflicts from the respective utility owners.
• Reasonable efforts shall be made to accommodate utility company requests for minor design changes to accommodate their facilities. Consultant understands that the utility companies are generally operating within the City right-of-way but may have prior rights to that of the City in some cases.
• Consultant shall monitor each utility owner that has conflicting facilities and shall obtain relocation plans and other relevant information from utility owner. Consultant shall review relocation plans for conformance with the requirements of the project. • Consultant will provide support to review and comment on third-party utility design plans provided by the utility companies (Kinder Morgan, SCE, SoCal Gas, Frontier, AT&T etc). Plan review will consider routes; conflicts with other utilities; impacts to existing and proposed improvements; and potential easements.
• Consultant shall coordinate inclusion of special provisions in City's RFP documents for adjustments and relocations of utility facilities as alternate proposal items, if requested by the owning utility. Said work may require that cooperative agreements be prepared by City between the City and the owning utility companies. Engineer shall provide information and exhibits as required to support the preparation of cooperative agreements, if needed. • For utility conflicts that require relocating, City staff will submit the official notice to the utility companies to relocate conflicting facilities.
• Consultant shall make recommendations for special provision language regarding utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. • For utility conflicts with City owned water, sewer, or electricity that require relocating, Consultant shall prepare the required relocation plans or new installation plans as necessary to provide biddable Plans and Specifications. City staff will submit the official notice to the utility companies to relocate conflicting facilities.
• For utility conflicts or improvements within properties that will be affected by the Project, the Consultant is responsible for preparing the needed plans for relocation or demolitions and reestablishment (such as water, sewer, electrical services, gas services, and communication).
Consultant shall develop and maintain a master utility matrix throughout the life of the project as described in Task 4.4.4 2.4 Utility Notification.
Assumptions:
o The City shall be responsible for any design fees assessed by third-party utility companies. 874
o This scope includes up to six (6) meetings with utility companies. (Virtual Teams meetings is an option, per City approval)
o For budgeting purposes, this scope anticipates three (3) review packages (plans and estimates) from each utility company (Kinder Morgan, SCE, Frontier and SoCal Gas) for a total of twelve (12) review packages.
o Utility Easement Agreements to be provided by the Utility Owner.
Deliverables:
o Utility Meeting Minutes
o Supporting documentation for cooperative agreements (as required)
8.6 COMMUNITY ENGAGEMENT
The Consultant shall coordinate and manage the community engagement component in conjunction with the City. Consultant shall prepare for, schedule, produce, and manage Community Engagement Meetings at key decision points. Renderings for public meetings showing the selected plan shall be provided. The Consultant shall host and/or participate in community meetings, one-on-one meetings with property owners and/or business owners, as well as presentations to the City's Downtown Ad Hoc Committee, Planning Commission, and City Council during various progress phases. Based on input, the Consultant will incorporate changes to the design (when possible) and present the final schematic design to the Community and City Council using colored interactive viewing/navigation of project design alternatives and phases depicting overall look and feel to aide in stakeholders' and public's understanding of the proposed improvements.
The Consultant will work with the City to develop a detailed outreach approach, which is anticipated to include:
• Public Outreach Plan: A detailed Public Outreach Plan will serve as the guiding blueprint and document for informing and engaging the public and project stakeholders. • Public Meetings: Up to four (4) public meetings will be coordinated at strategic times during the project such as when a project milestone is reached or when significant impacts to public safety are expected.
• Stakeholder Database: A comprehensive stakeholder database for the project will include elected officials, city offices, businesses, schools, civic groups, residents, emergency responders, and other sensitive receptors and interested stakeholders in the project area. • Notification: Consultant will produce, with the City’s input, notices to send out to all stakeholders.
Assumptions:
o Renderings for public meetings shall consist of photo simulations (rendering superimposed on photograph) from ground and aerial perspectives.
o Up to four three (4 3) Community Outreach Meetings are included in this scope. o Up to two (2) one-on-one meetings with property and business owners are included in this scope.
o Up to two (2) presentations to the Planning Commission are included in this scope. o Up to two (2) presentations to the City Council are included in this scope. 875
Deliverables:
o Public Outreach Plan, Stakeholder Database
o Community Outreach Meetings
o City Council, Planning Commission Presentations
• We assume up to four separate photo simulations / renderings will be provided. • Based on the environmental assumptions, community engagement is limited to public outreach and not a formal hearing. Therefore, a court reporter and transcribing are not necessary. • We have assumed up to 1.5 mile radius for mailing of notices for public outreach.
8.7 Resource/ Regulatory Permitting (Optional)
• Based on initial review and design clarification that includes the diversion of flows west of Hargrave Street, the following permits may be required: Section 404 Permit under the Clean Water Act as issued by the USACE, Section 401 Permit under the Clean Water Act as issued by the RWQCB, and a Streambed Alteration Agreement as issued by the CDFW under Section 1600 et seq. of the California Fish and Game Code. It is assumed that if a Section 404 Permit is required, the project will fall under a Nationwide Permit. If an Individual Permit under Section 404 is required instead, it will be prepared under a separate amendment. If a Section 404 Permit is not required due to absence of aquatic resources under the jurisdiction of the USACE, a Waste Discharge as issued by the RWQCB may still be required. • This task does not include verification of jurisdictional resources by the USACE or RWQCB because verification is expected to occur during the preparation of the jurisdictional delineation report. CDFW does not typically verify the results of jurisdictional waters until a complete Streambed Alteration Agreement application is submitted. • The Kimley-Horn team will prepare the applications of all three anticipated permits with support from the project design team, including determining volumes of fill and dredged materials, impact areas, methods, and the Project Description. A complete Streambed Alteration Agreement requires a certified CEQA document or categorical exemption. If the project is changed after submittal to the CDFW, then the CDFW is no longer subject to their self-mandated processing deadlines. Permit packets are expected to be complete when submitted. Preparation of an on-site mitigation plan is not included in this Scope of Work as the mitigation requirement, if any, would likely be met through participation in a mitigation bank or in-lieu fee program, if available. Preparation of detailed sand transport studies or similar reports, if required by the regulatory agencies, are not included in this Scope of Work. A pre-application meeting with the RWQCB will be required as part of the permitting application preparation process. A field meeting with the USACE or RWQCB is not anticipated as part of the permitting process. The Kimley-Horn team anticipates that additional required coordination will take place via telephone, email, and U.S. mail. The Kimley-Horn team assumes the Client will pay any and all fees associated with regulatory agency permitting.
• The Section 401 Permit will include an Alternatives Analysis consistent with the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. The level of Alternatives Analysis for the project is anticipated to fall under the requirements of “Tier 876
2 Projects,” which specify an analysis of on-site alternatives that would potentially reduce impacts to waters of the State. Tier 2 Projects are those that impact more than 0.1 acre to 0.2 acre or more than 100 linear feet and less than or equal to 300 linear feet of waters of the State.
The specific tier will be determined once impacts are calculated.
Deliverables:
o 404 Nationwide Permit
o 401 Water Quality Certification
o Alternatives Analysis to support the 401
o 1602 Streambed Alteration Agreement
Task 9 - Bidding Services
9.1 RESIDENT ENGINEER (RE) PENDING FILE
The consultant shall provide the RE Pending File to the City for use by the Construction Management team during construction. It is assumed that the following will be provided:
• Permits
• Surveying Notes
• Copies of As-Built Data
• Geotechnical Report
• Drainage Report
• Relevant Correspondence and Memoranda
• Quantity Calculations
• Cross Sections
• Environmental Agreements & Reports
• Right-of-Way Agreements
Deliverables:
o Public Outreach Plan, Stakeholder Database
9.2 BIDDING PHASE SUPPORT
Consultant shall assist the City in providing clarification and prepare information to be used in addenda based on questions that may arise during the bidding process.
Consultant shall attend the pre-bid meeting and assist the City with bid evaluations and recommendation of bid award.
Assumptions:
o This scope includes two (2) addenda and one (1) pre-bid meeting. o Clarification and addenda for up to fifteen (15) questions are included in this scope. 877
o The city shall prepare, and make available to plan holders, any required addenda.
9.3 CONFORMED PLANS AND SPECIFICATIONS
Consultant shall prepare conformed plans and specifications for use in constructing the project. The Issued for Construction (IFC) conformed plans and specifications shall reflect changes made during bidding and will be noted as a revision to the final design plans.
Assumptions:
o IFC Plans and specifications shall be provided in .pdf format.
Deliverables:
o IFC Plans
o IFC Specifications
Task 10 - Construction Phase Funding
The consultant shall develop a funding strategy for construction phase. The consultant shall identify all the potential funding sources and associated requirements including deadlines and funding options to secure construction funding on behalf of the City.
Deliverables: - Construction Funding Source Strategy Memo o Grant Funding Support (Optional)
o As directed and approved by the City, we have allocated up to $100,000 to assist the City with Construction Phase Funding grant applications such as the Local and Regional Project Assistance Program (RAISE) Grant or the Reconnecting Communities Pilot (RCP) Discretionary Grant Program.
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Hargrave Grade Separation Sheet Count Table 11/11/2024
Sheet Title Scale Sheet Count
Basic Roadway Plans 80
General Plans 8
Title Sheet and Location Map NTS 1
Drawing Index, General Notes, Abbreviations NTS 1
Key Map and Line Index NTS 1
Survey Control NTS 1
Right-of-Way Plans NTS 4
Civil Sheets 72
Typical Sections NTS 5
Layouts 1" = 50' 5
Profiles and Superelevation Diagrams H: 1" = 50'
V: 1" = 10' 5
Construction Details 1" = 10' 20
Offsite Improvements 1" = 20' 6
Intersection Details 1" = 20' 4
Contour Grading 1" = 50' 5
Cross Sections 1" = 10' 10
Temp Water Pollution Control 1" = 50' 6
Erosion Control 1" = 50' 6
Rail Plans 62
Rail Road General Notes NTS 1
Rail Road Details NTS 2
Rail Road Construction Phasing NTS 2
Shoofly Typical Sections NTS 2
Shoofly Plan and Profile 1" = 50' 5
Shoofly Grading Plans 1" = 50' 5
Shoofly Geom Table NTS 1
Shoofly Cross Sections NTS 15
Railroad Mainline Track Typical Sections NTS 2
Railroad Mainline Track Plan and Profile 1" = 50' 5
Railroad Mainline Grading Plans 1" = 50' 5
Railroad Mainline Track Geom Table NTS 1
Railroad Mainline Track Cross Sections NTS 15
Spur Track Detail Sheet 1" = 50' 1
Traffic Plans 45
Stage Construction and Traffic Handling 28
Stage Construction Plans and Quantities NTS 4
Traffic Handling and Quantities 1" = 50' 20
Detour Plans NTS 4
Pavement Delineation and Sign Plan 8
Signing and Striping Plans 1" = 50' 5
Signing and Striping Details NTS 3
Street Lighting Plans 7
Street Lighting Plans 1" = 50' 5
Street Lighting Details NTS 2
Traffic Signal Plans 2
Traffic Signal 1"=20' 2
https://kimleyhorn.sharepoint.com/sites/Banning-HargraveGSPAED/Shared Documents/General/Scope_Fee/Sheet Count List.xlsx1 of 2 879 Hargrave Grade Separation Sheet Count Table 11/11/2024
Utility Plans 1" = 20' 29
Sewer 1" = 20' 9
Water 1" = 20' 6
Composite Existing 1" = 50' 4
Composite Proposed 1" = 50' 4
Utility Details NTS 2
Pothole Plans 1" = 50' 4
Landscape and Irrigation Plans 18
Landscape Plans and Details (City Limits) 9
Landscape Cover Sheet NTS 1
Landscape Plans 1" = 50' 5
Landscape Schedule and Details NTS 3
Irrigation Plans and Details (City Limits) 9
Irrigation Cover Sheet NTS 1
Irrigation Plans 1" = 50' 5
Irrigation Schedule and Details NTS 3
Drainage Plans, Profiles and Details 20
Drainage Layout 1" = 50' 5
Drainage Profiles 1"=10' 8
Culvert Crossing 1" = 50' 2
Drainage Details NTS 5
Miscellaneous Plans 54
Underpass Bridge Plans 1" = 20' 28
Undercrossing Retaining Wall Plans 1" = 20' 13
Miscellaneous Retaining Wall Plans 1" = 20' 10
Log of Test Borings NTS 3
Total Sheet Count 308
https://kimleyhorn.sharepoint.com/sites/Banning-HargraveGSPAED/Shared Documents/General/Scope_Fee/Sheet Count List.xlsx2 of 2 880 The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under US copyright law.
Copyright © 2024 Kimley-Horn and Associates, Inc.
Contact
Darren Adrian, PE
[email protected]
714.705.1304
3801 University Avenue, Suite 300
Riverside, CA 92501
881
HARGRAVES GRADE SEPARATION - BANNING, CA
SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE
FLUTED FORMATION ACCENT
HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE
FORMATION ACCENT
MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO
FLUTED FORMATION ACCENT
HEAVY SANDBLAST FINISH
Professional Design Services
Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Task 1 1,738 $ 485,411.95 149 $ 32,920.55 312 $ 39,456.36 2,199 $ 557,788.86 Task 2 1,112 $ 238,195.27 606 $ 96,501.03 24 $ 5,021.22 814 $ 128,980.27 2,556 $ 468,697.79 Task 3 124 $ 28,652.68 124 $ 28,652.68
Task 4 1,543 $ 339,131.75 150 $ 28,280.11 62 $ 8,045.96 15 $ 3,376.30 1,770 $ 378,834.11 Task 5 598 $ 136,439.12 702 $ 120,987.16 10 $ 1,295.84 1,310 $ 258,722.11 Task 6 15,412 $ 3,333,450.05 1,100 $ 197,686.81 220 $ 52,935.88 248 $ 74,651.80 16,980 $ 3,658,724.53 Task 7 450 $ 117,858.30 230 $ 39,627.06 739 $ 80,194.47 1,419 $ 237,679.83 Task 8 2,101 $ 534,363.38 182 $ 24,670.97 2,283 $ 559,034.35 Task 9 445 $ 102,461.63 445 $ 102,461.63
Task 10 60 $ 15,544.39 140 $ 23,445.46 200 $ 38,989.85
23,583 322 836 1,274 1,665 1,123 235 248 29,286
$ 5,331,508.52 $ 48,116.43 $ 136,128.09 $ 230,988.13 $ 282,887.99 $ 128,992.63 $ 56,312.18 $ 74,651.80 $ 6,289,585.77 $ 1,039,648.62
$ 568,649.04 $ 2,042.27 $ 1,361.28 $ 21,311.54 $ 25,394.50 $ 3,732.59 $ 622,491.22 $ 179,158.00 $ 12,800.00 $ 12,642.00 $ 84,595.00 $ 8,482.40 $ 119,480.00 $ 417,157.40 $ 6,079,315.56 $ 62,958.70 $ 150,131.37 $ 336,894.68 $ 316,764.89 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,329,234.39 All Tasks 1187 $ 272,404.18 275 $ 38,854.93 48 $ 8,149.16 $ 23,796.02 977 $ 163,627.49 2,212 $ 506,831.78 $ 29,054.14 $ 1,892.15 $ 10,316.49 $ 8,362.98 $ 44,083.14 $ 93,708.89 $ 29,054.14 $ 1,892.15 $ 81.49 $ 2,195.48 $ 40,083.14 $ 73,306.39 $ - $ 10,235.00 $ 6,167.50 $ 4,000.00 $ 20,402.50
$ 301,458.32 $ 40,747.08 $ 18,465.65 $ 32,159.00 $ 207,710.62 $ 600,540.67 TOTAL COST with Optional Tasks included: $ 6,380,773.88 $ 103,705.78 $ 168,597.01 $ 369,053.68 $ 524,475.51 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,929,775.06 Tasks
November 12, 2024
CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Total Project
Labor
SUMMARY OF COSTS
Kimley-Horn and
Associates, Inc.
Expenses
Total
Project
Hours
Cabrinha, Hearn, &
Associates
Construction Phase Funding
Bidding Services
Coordination, Agreements & Permits
Other Direct Costs
Labor Escalation
Expenses
TOTAL COST for OPTIONAL TASKS
Value Management
Strategies, Inc. Saylor Consulting Paragon Partners Consultants, Inc. Earth Mechanics, Inc. LSA Associates, Inc.
Optional Tasks
Optional Tasks
TOTAL COST:
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Labor Escalation
Right-of-Way
Plans, Specifications & Estimates (PS&E)
Environmental Documentation
Concept Development & Project Approval
Project Administration
Avant-Garde
Corporation
Data Collection
Basis of Design Document
All travel costs charged to the City by Kimley-Horn or its Subconsultants, including, but not limited to, travel, lodging and subsistence, shall not exceed the current IRS rates. 882
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23 Task 1 446 20 142 120 320 328 64 104 62 132 1,738 $ 485,411.95 $ 32,920.55 $ 39,456.36 $ 557,788.86
1.1 200 10 70 40 100 100 50 40 40 20 670 $ 194,368.16 $ 39,456.36 $ 233,824.52
1.2 20 40 10 10 80 $ 23,366.81 $ 23,366.81
1.3 10 4 16 4 4 48 4 28 4 12 134 $ 31,999.12 $ 31,999.12
1.4 72 144 72 288 $ 70,542.61 $ 17,680.51 $ 88,223.12
1.5 144 6 56 36 216 36 36 18 18 566 $ 165,135.26 $ 15,240.04 $ 180,375.30 Task 2 46 104 214 60 40 200 424 24 1,112 $ 238,195.27 $ 96,501.03 $ 5,021.22 $ 128,980.27 $ 468,697.79
2.1 6 40 40 20 106 $ 23,217.19 $ 96,501.03 $ 119,718.22
2.2 4 40 60 8 112 $ 22,653.83 $ 22,653.83
2.3 8 4 20 60 92 $ 19,970.57 $ 19,970.57
2.4 4 40 60 12 116 $ 21,897.41 $ 21,897.41
2.5 2 12 6 40 80 140 $ 27,467.48 $ 27,467.48
2.6 2 10 4 16 $ 3,880.49 $ 5,021.22 $ 8,901.71
2.7 4128 24 $ 7,675.02 $ 57,788.68 $ 65,463.69
288 18 $ 5,533.87 $ 9,494.47 $ 15,028.34
2.8 2 8 12 24 46 $ 10,462.76 $ 10,462.76
4 12 16 $ 5,618.52 $ 61,697.12 $ 67,315.64
4 26 50 60 100 240 $ 50,305.09 $ 50,305.09
4 22 40 40 80 186 $ 39,513.04 $ 39,513.04
Task 3 8 8 5 5 30 40 20 8 124 $ 28,652.68 $ 28,652.68
3.1 8 8 5 5 30 40 20 8 124 $ 28,652.68 $ 28,652.68
Task 4 59 2 130 199 197 243 568 133 12 1,543 $ 339,131.75 $ 28,280.11 $ 8,045.96 $ 3,376.30 $ 378,834.11
4.1 8 2 18 40 20 20 80 60 248 $ 53,125.18 $ 53,125.18
4.2 4 24 163 122 313 $ 64,844.42 $ 64,844.42
4 29 171 154 358 $ 77,849.85 $ 77,849.85
4.3 10 9 30 20 60 129 $ 29,701.76 $ 29,701.76
2 2 20 6 30 60 $ 12,580.50 $ 12,580.50
2 20 10 40 72 $ 17,325.99 $ 17,325.99
8 20 40 68 $ 15,083.03 $ 15,083.03
2 2 10 8 22 $ 5,343.88 $ 28,280.11 $ 33,623.99
2 10 6 6 24 $ 6,778.25 $ 6,778.25
2 6 20 6 40 20 6 100 $ 20,580.96 $ 3,376.30 $ 23,957.26 2 8 6 16 $ 3,836.60 $ 8,045.96 $ 11,882.56
6 2 20 40 9 6 83 $ 18,553.68 $ 18,553.68
4.4 15 15 20 50 $ 13,527.64 $ 13,527.64
Task 5 48 18 100 52 40 70 30 240 598 $ 136,439.12 $ 120,987.16 $ 1,295.84 $ 258,722.11
5.1 26 8 $ 2,347.31 $ 13,314.22 $ 15,661.53
5.2 $ - $ 34,477.51 $ 34,477.51
8 12 20 $ 7,228.40 $ 7,228.40
4 6 30 40 30 110 $ 23,479.51 $ 23,479.51
20 6 20 20 66 $ 18,445.48 $ 73,195.43 $ 91,640.91
4 40 6 60 110 $ 24,931.62 $ 24,931.62
8 60 8 120 196 $ 42,821.10 $ 42,821.10
2 6 10 30 40 88 $ 17,185.70 $ 1,295.84 $ 18,481.54
Task 6 425 10 1,160 525 1,613 1,914 2,535 4,210 2,940 80 15,412 $ 3,333,450.05 $ 197,686.81 $ 52,935.88 $ 74,651.80 $ 3,658,724.53
6.1 8 5 30 40 40 120 10 253 $ 58,334.87 $ 58,334.87
10 5 40 80 40 180 10 365 $ 85,412.14 $ 85,412.14
10 36 70 140 10 266 $ 58,061.05 $ 58,061.05
4 25 10 39 $ 9,661.70 $ 197,686.81 $ 207,348.51
10 80 70 125 5 290 $ 64,814.22 $ 64,814.22
$ -
40 174 165 379 $ 78,624.04 $ 78,624.04
55 231 175 461 $ 102,273.51 $ 102,273.51
CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.
Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL
PROJECT
COSTS
Sr.
Professional I
Project Development Team Meetings (36)
Water Quality Management Plan / Base SWPPP
Hydrology & Hydraulics Reports
Traffic Management Plan
Geotechnical Investigations & Report
Landscape & Aesthetic Concepts
Structure Type Selection Report
Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.
Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I
PROJECT ADMINISTRATION
Project Management Plan
Quality Control Plan
Project Controls (Budgeting, Cost Accounting and
Progress Reporting)
Sr.
Professional II
Geometric Concepts
Bridge and Retaining Wall Concepts
General Meetings and Coordination
Retaining Wall APS
Bridge Underpass APS
DATA COLLECTION
CEQA Statutory Exemption
NEPA
Sr.
Professional III
Traffic Forecasting Volumes Report (LSA)
Biological Resources
Preliminary Traffic Analysis Report
Construction Cost Estimates
Right-of-Way Cost Estimates
Project Concept Report
Plan and Profile Exhibits
Right-of-Way Exhibits
Utility Exhibits
Structure Exhibits
CONCEPT DEVELOPMENT & PROJECT APPROVAL
Utility Notification
BASIS OF DESIGN DOCUMENT
Preliminary Geotechnical Report
Air Quality
Noise Study
Initial Site Assessment
Traffic Study
Cultural Resources
ENVIRONMENTAL DOCUMENTATION
Aerial Mapping
Potholing
Right-of-Way Base Mapping
BASIS OF DESIGN DOCUMENT
Utility Base Mapping
Geotechnical Records Research and Findings
Traffic Analyses
Caltrans Traffic Reports
Preliminary Traffic Analysis
Update Traffic Analysis
Traffic Forecasting and Operations Assessment Methodology and Assumptions Memorandum
Intersection Control Evaluation / Intersection Safety and Operational Assessment Process (ISOAP)
Traffic Operations Analysis Report (TOAR)
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Reports
I-10 Hargrave Undercrossing Retaining Wall
Hargrave Street Underpass
Project Concept Report
Project Concept Approval
Avant-Garde
Total Cost
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23
CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.
Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL
PROJECT
COSTS
Sr.
Professional I Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.
Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I Sr.
Professional II
Sr.
Professional III
Avant-Garde
Total Cost
6.2 20 10 10 20 40 100 200 $ 46,732.63 $ 46,732.63
5 70 445 140 660 $ 141,055.70 $ 141,055.70
5 200 205 $ 42,559.25 $ 42,559.25
5 80 635 100 820 $ 190,120.75 $ 190,120.75
5 360 365 $ 94,554.76 $ 94,554.76
5 57 456 90 608 $ 129,856.39 $ 129,856.39
5 190 195 $ 44,862.79 $ 44,862.79
6.3 5 20 50 75 $ 14,307.18 $ 14,307.18
5 8 15 28 $ 6,164.67 $ 6,164.67
5 20 50 75 $ 16,948.24 $ 16,948.24
60 100 230 230 420 420 700 2,160 $ 443,794.86 $ 443,794.86 2 10 8 10 10 40 80 $ 16,295.46 $ 16,295.46
60 55 100 150 210 230 550 1,355 $ 275,819.36 $ 275,819.36 38 88 180 260 270 530 1,366 $ 278,880.05 $ 278,880.05
20 60 130 130 320 660 $ 139,874.74 $ 139,874.74
20 10 65 20 80 150 5 350 $ 79,128.74 $ 79,128.74
20 30 60 40 100 100 350 $ 79,559.84 $ 79,559.84
5 40 90 1,065 1,200 $ 229,218.64 $ 229,218.64
5 15 50 525 595 $ 112,570.15 $ 112,570.15
5 15 50 420 490 $ 93,488.10 $ 93,488.10
10 20 40 70 $ 14,982.85 $ 14,982.85
6.4 60 190 150 250 50 40 740 $ 213,313.74 $ 213,313.74
6.5 20 50 30 60 80 100 150 490 $ 109,791.32 $ 23,198.68 $ 132,990.00
6.6 10 40 80 130 $ 37,951.82 $ 29,737.20 $ 67,689.02
6.7 8 14 10 40 20 92 $ 24,436.47 $ 74,651.80 $ 99,088.27 Task 7 80 190 160 20 450 $ 117,858.30 $ 39,627.06 $ 80,194.47 $ 237,679.83
7.1 50 100 100 5 255 $ 67,076.69 $ 3,026.43 $ 70,103.12
7.2 10 30 40 5 85 $ 20,177.74 $ 20,177.74
7.3 20 60 20 10 110 $ 30,603.88 $ 39,627.06 $ 77,168.04 $ 147,398.98 Task 8 295 35 211 95 461 168 260 110 426 40 2,101 $ 534,363.38 $ 24,670.97 $ 559,034.35
8.1 50 10 30 20 100 20 60 290 $ 79,899.31 $ 79,899.31
8.2 15 25 36 60 136 $ 31,425.02 $ 31,425.02
8.3 100 5 35 30 160 20 60 410 $ 118,237.72 $ 118,237.72 5 20 25 $ 7,153.59 $ 7,153.59
10 10 10 20 30 20 100 $ 24,215.96 $ 24,215.96
10 20 10 50 80 60 230 $ 50,856.13 $ 50,856.13
8.4 10 20 40 10 80 $ 21,303.26 $ 21,303.26
8.5 40 80 60 160 40 380 $ 97,185.38 $ 97,185.38
8.6 45 36 36 72 36 40 265 $ 66,529.59 $ 24,670.97 $ 91,200.56 10 15 20 60 80 185 $ 37,557.41 $ 37,557.41
Task 9 35 10 80 20 80 40 180 445 $ 102,461.63 $ 102,461.63
9.1 5 10 40 40 80 175 $ 38,923.59 $ 38,923.59
9.2 20 40 40 20 120 $ 32,348.82 $ 32,348.82
9.3 10 20 40 80 150 $ 31,189.22 $ 31,189.22
Task 10 10 20 10 20 60 $ 15,544.39 $ 23,445.46 $ 38,989.85
10.1 10 20 10 20 60 $ 15,544.39 $ 23,445.46 $ 38,989.85 1,452 85 1,770 1,135 2,909 2,797 3,252 5,262 4,605 316 23,583 $584,384.87 $32,061.69 $591,275.17 $341,287.74 $747,794.13 $630,803.73 $659,292.61 $956,283.56 $748,435.66 $39,889.36 $ 5,331,508.52 $ 48,116.43 $ 136,128.09 $ 230,988.13 $ 282,887.99 $ 128,992.63 $ 56,312.18 $ 74,651.80 $ 6,289,585.77 $ 747,807.04 $ 14,842.27 $ 14,003.28 $ 105,906.54 $ 33,876.90 $ 119,480.00 $ 3,732.59 $ 1,039,648.62 $ 568,649.04 $ 2,042.27 $ 1,361.28 $ 21,311.54 $ 25,394.50 $ 3,732.59 $ 622,491.22 $ 3,960.00 $ 3,960.00
$ 15,000.00 $ 15,000.00
$ 15,000.00 $ 15,000.00
$ 10,000.00 $ 10,000.00
$ 2,000.00 $ 2,000.00
$ 15,000.00 $ 15,000.00
$ 118,198.00 $ 118,198.00
` $ 12,800.00 $ 12,642.00 $ 84,595.00 $ 8,482.40 $ 119,480.00 $ 237,999.40 $ 6,079,315.56 $ 62,958.70 $ 150,131.37 $ 336,894.68 $ 316,764.89 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,329,234.39 Construction Schedule
Plan Preparation
CONSTRUCTION PHASE FUNDING
Permit Fees
Travel/Mileage
UPRR License Fee
Renderings (Photo simluations)
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
Traffic Counts (extra intersection counts for TMP)
Cost Estimates
General Plans
Survey Control Plans
Right-of-Way Plans
Roadway Plans
Railroad Track Plans
Traffic Plans
Utility Plans
Landscaping & Irrigation Plans
Drainage Plans
COORDINATION, AGREEMENTS & PERMITS
Union Pacific Railroad (UPRR)
California Public Utilities Commission (CPUC)
CONSTRUCTION PHASE FUNDING
Appraisal Maps, Plats, and Descriptions
Riverside County Flood Control and Water Conservation
Community Engagement
Design Engineering Evaluation Report (DEER)
BIDDING SERVICES
Resident Engineer (RE) Pending File
Bidding Phase Support
Conformed Plans and Specification
TOTAL COST:
Utility Coordination
Encroachment Permits
Caltrans District 8
Underpass Bridge Wall Independent Check
Misc. Wall Design
Misc. Wall Independent Check
Misc. Retaining Wall Plans
Log of Test Borings
Specifications
Working Roadway Cross Sections
Value Analysis
Undercrossing Retaining Wall Plans
Potholing Allowance (Up to 40)
Calculations
Underpass Bridge Structural Calculations
Right-of-Way Requirements
Subconsultant Expenses
Utility Agency Fees
Outside Printing/Courier Services
Caltrans Coordination
Design Standard Decision Document (DSDD)
RIGHT-OF-WAY
Right-of-Way Maps
Civil/Survey Calculations
Undercrossing Retaining Wall Structural Calculations
Undercrossing Retaining Wall Independent Check
Underpass Bridge Plans
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23
CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.
Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL
PROJECT
COSTS
Sr.
Professional I Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.
Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I Sr.
Professional II
Sr.
Professional III
Avant-Garde
Total Cost
2.1.1 2 10 5 40 57 $ 10,890.30 $ 8,149.16 $ 19,039.46
4.1.1 8 2 10 40 40 120 220 $ 43,949.85 $ 43,949.85
5.1.1 2 4 2 8 $ 2,158.24 $ 7,730.91 $ 9,889.15
5.2.1 86 14 $ 4,762.12 $ 18,750.94 $ 23,513.06
5.2.2 23 5 $ 1,576.12 $ 9,792.15 $ 11,368.27
5.2.3 23 5 $ 1,576.12 $ 10,749.09 $ 12,325.21
5.2.4 6 8 12 26 $ 7,905.11 $ 23,796.02 $ 31,701.13
5.2.5 4 6 4 14 $ 3,802.36 $ 32,815.39 $ 36,617.74
5.2.6 14 5 $ 1,430.72 $ 11,710.03 $ 13,140.75
5.2.7 4 8 6 18 $ 4,641.53 $ 35,668.28 $ 40,309.81
5.3 2 20 4 4 4 34 $ 8,942.10 $ 8,942.10
12 10 60 8 110 80 280 $ 58,357.60 $ 58,357.60
6.1 6 15 40 80 40 181 $ 40,427.94 $ 40,427.94
8.7 20 40 20 80 $ 21,582.40 $ 36,410.71 $ 57,993.11
10.1.1 40 10 60 70 60 240 $ 60,401.64 $ 38,854.93 $ 99,256.58 117 39 98 248 70 85 154 292 84 1187
$47,088.86 $13,028.10 $29,468.02 $63,751.44 $15,787.01 $17,232.43 $27,987.01 $47,457.81 $10,603.50 $ 272,404.18 $ 38,854.93 $ 8,149.16 $ 23,796.02 $ 163,627.49 $ 506,831.78 $ 29,054.14 $ 1,892.15 $ 10,316.49 $ 8,362.98 $ 44,083.14 $ 93,708.89 $ 29,054.14 $ 1,892.15 $ 81.49 $ 2,195.48 $ 40,083.14 $ 73,306.39 $ 10,235.00 $ 6,167.50 $ 4,000.00 $ 20,402.50
$ 301,458.32 $ 40,747.08 $ 18,465.65 $ 32,159.00 $ 207,710.62 $ 600,540.67 TOTAL COST with Optional Tasks included: $ 6,380,773.88 $ 103,705.78 $ 168,597.01 $ 369,053.68 $ 524,475.51 $ 248,472.63 $ 56,312.18 $ $ 7,929,775.06 78,384.39 Visual Impact Assessment
VIA Work Plan
Visual Impact Assessment
Grant Funding Support
Storm Water Data Report (Long-Form)
CEQA SE Memorandum
2nd Aerial Survey
Caltrans Geometric Approval Drawing (GAD)
Aerially Deposited Lead Investigation
Community Impact Assessment
Paleontological Assessment (PIR/PER)
Water Quality Assessment Report
Expenses
Optional Tasks
DBESP
Focused Burrowing Owl Survey
NEPSSA Survey
Resource/Regulatory Permitting
Other Direct Costs
Escalation
TOTAL COST for OPTIONAL TASKS
Optional Tasks Subtotal Labor:
OPTIONAL TASKS TOTAL HOURS
Name
Ana Marie
LeNoue
Lissette
Montoya Megan LeNoue Julianna
Carrera Keith LeNoue Adriana
Robledo
Antonio
Solorzano
186.46% Overhead % Category/Title
Program
Director
Program
Manager
Program
Manager
Program
Manager
Program
Manager
Program
Coordinator
Program
Coordinator
10% Fee% Direct Rate $134.07 $140.19 $43.27 $45.67 $38.50 $34.00 $25.00 Billing Rate $422.46 $441.75 $136.35 $143.91 $121.32 $107.14 $78.78 Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8 18 48 36 80 182 $ 24,670.97
8.6 18 48 36 80 182 $ 24,670.97
Develop Outreach Plan 10 6 2 2 20 $ 5,459.90
Organize and Attend 4 public meetings 4 24 24 8 60 $ 8,345.14 Maintain Stakeholder database 2 2 20 24 $ 2,708.27
Produce and send notices 2 16 10 50 78 $ 8,157.65
Task 9 $ -
Task 10 15 65 30 30 140 $ 23,445.46
18 15 65 78 30 36 80 322
$7,604.33 $6,626.21 $8,862.51 $11,224.89 $3,639.47 $3,856.90 $6,302.12 $ 48,116.43 $ 14,842.27
$ 2,042.27
$ 2,000.00
$ 10,800.00
$ 62,958.70
Task O
10.1.1 10 10 60 85 40 70 275 $ 38,854.93
10 10 60 85 40 70 275
$ 4,224.63 $ 4,417.47 $ 8,180.78 $ 12,232.26 -$ 4,285.44 $ $ 5,514.36 $ 38,854.93 $ 1,892.15
$ 40,747.08
TOTAL COST with Optional Tasks included: $ 103,705.78
Other Direct Costs
Escalation
TOTAL COST for OPTIONAL TASKS
PROJECT ADMINISTRATION
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Advanced Avant-Garde Corporation
Total Hours Total Costs
DATA COLLECTION
CONCEPT DEVELOPMENT & PROJECT APPROVAL
BASIS OF DESIGN DOCUMENT
ENVIRONMENTAL DOCUMENTATION
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
COORDINATION, AGREEMENTS & PERMITS
RIGHT-OF-WAY
BIDDING SERVICES
Community Engagement
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
Full color Postcard production 5000 pcs
Postage and handling (4500 postal customers)
CONSTRUCTION PHASE FUNDING
OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:
TOTAL COST:
Optional Tasks
Grant Funding Support
Name
Camden
Cabrinha
Jamie
Bertchume Edward Uribe Imelda
Torres
Christian
Hidalgo
Michael
Naylor
Jonathan
Garcia
149.15% Overhead % Category/Title
Survey Project
Manager
PLS Party
Chief Party Chief Party Chief Chainman Chainman Chainman Apprentice 10% Fee% Direct Rate $80.10 $73.50 $64.01 $64.01 $56.78 $56.78 $34.07 $50.00 $55.00 $55.00 Billing Rate $219.53 $201.44 $175.43 $175.43 $155.61 $155.61 $93.37 $137.03 $150.74 $150.74 Task 1
Task 2 64 16 88 80 100 24 60 100 54 20 606 $ 96,501.03
2.1 64 16 88 80 100 24 60 100 54 20 606 $ 96,501.03
Task 3
Task 4
Task 5
Task 6
Task 7 90 90 50 230 $ 39,627.06
7.3 90 90 50 230 $ 39,627.06
Task 8 $ -
Task 9 $ -
Task 10 $ -
154 16 88 80 100 24 60 190 104 20 836
$33,807.01 $3,223.00 $15,437.75 $14,034.32 $15,561.41 $3,734.74 $5,602.44 $26,036.18 $15,676.52 $3,014.72 $ 136,128.09 $ 14,003.28
$ 1,361.28
$ 12,642.00
$ 150,131.37
2.1.1 8 16 16 8 48 $ 8,149.16
8 16 16 8 48
$ 1,756.21 -$ 2,806.86 $ -$ 2,489.83 $ -$ -$ 1,096.26 $ -$ -$ $ 8,149.16 $ 10,316.49
$ 81.49
$ 10,235.00
$ 18,465.65
TOTAL COST with Optional Tasks included: $ 168,597.01
TOTAL COST for OPTIONAL TASKS
OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
CABRINHA, HEARN & ASSOCIATES
CAD Office
surveyor Surveyor Admin
Support
Total Hours
DATA COLLECTION
Aerial Mapping
Total Costs
PROJECT ADMINISTRATION
BASIS OF DESIGN DOCUMENT
CONCEPT DEVELOPMENT & PROJECT APPROVAL
ENVIRONMENTAL DOCUMENTATION
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
RIGHT-OF-WAY
Appraisal Maps, Plats, and Descriptions
COORDINATION, AGREEMENTS & PERMITS
CONSTRUCTION PHASE FUNDING
BIDDING SERVICES
TOTAL COST:
Optional Tasks
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
Aerial Mapping Services
Other Direct Costs
Escalation
Aerial Mapping Services (Second Mobilization)
Aerial Mapping (Second Mobilization)
Name
Alahesh
Thurairajah
170.68% Overhead % Category/Title Principal
10% Fee% Direct Rate $101.60 $92.00 $69.70 $68.60 $58.30 $51.30 $38.50 $52.50 $27.20 Billing Rate $302.51 $273.93 $207.53 $204.26 $173.59 $152.74 $114.63 $156.32 $80.99 Task 1
Task 2 4 10 10 24 $ 5,021.22
2.6 4 10 10 24 $ 5,021.22
Task 3
Task 4 20 10 30 50 40 150 $ 28,280.11
4.3 20 10 30 50 40 150 $ 28,280.11
Task 5 $ -
Task 6 100 80 140 80 160 100 100 240 100 1,100 $ 197,686.81
6.1 $ -
100 80 140 80 160 100 100 240 100 1,100 $ 197,686.81
Task 7
Task 8
Task 9
Task 10
124 90 180 80 220 100 140 240 100 1,274
$37,511.48 $24,653.53 $37,355.46 $16,340.41 $38,189.16 $15,274.47 $16,048.62 $37,516.25 $8,098.75 $ 230,988.13 $ 105,906.54
$ 21,311.54
$ 60,000.00
$ 12,000.00
$ 2,520.00
$ 6,400.00
$ 2,000.00
$ 1,675.00
$ 336,894.68
5.2.4 20 40 40 16 116 $ 23,796.02
20 40 40 16 116
$6,050.24 $8,301.21 $6,943.48 $2,501.08 $ 23,796.02
$ 8,362.98
$2,195.48
$ 6,167.50
$ 32,159.00
TOTAL COST with Optional Tasks included: $ 369,053.68
OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:
TOTAL COST for OPTIONAL TASKS
Aerially Deposited Lead Investigation
Soil Cutting Contaminants Testing
Soil Cutting (drums) Disposal
R-Value Tests
Mileage
TOTAL COST:
Optional Tasks
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
Drill Rig Rental
Traffic Control Rental
CONSTRUCTION PHASE FUNDING
BIDDING SERVICES
COORDINATION, AGREEMENTS & PERMITS
RIGHT-OF-WAY
Geotechnical Investigations & Report
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Reports
ENVIRONMENTAL DOCUMENTATION
Preliminary Geotechnical Report
CONCEPT DEVELOPMENT & PROJECT APPROVAL
Project Concept Reports
BASIS OF DESIGN DOCUMENT
Technician
Geotechnical Records Research and Findings
DATA COLLECTION
Other Direct Costs
Escalation
ADL Lab Tests
Total Hours Total Costs
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Earth Mechanics, Inc.
Principal
Engineer /
Geologist
Senior
Engineer /
Geologist
Sr. Project
Engineer /
Geologist
Project
Engineer /
Geologist
Sr. Staff
Engineer /
Geologist
Staff Engineer
/ Geologist
Senior
Technician
PROJECT ADMINISTRATION
Name
Deborah
Pracilio
Ambarish
Mukherjee
Jodi
Ross-Borrego
Ryan
Bensley
Pam
Reading
Trevor
Wimmer Kelly Vreeland
216.47% Overhead % Category/Title
Env. Task
Mgr. Traffic Biology Env. Env. Sr. Env.
Planner
Sr.
Paleontologist
10% Fee% Direct Rate $95.36 $91.68 $81.71 $83.56 $89.45 $84.60 $57.57 $45.31 $45.00 $47.62 $38.11 $33.61 $52.57 $34.61 $36.82 $36.82 $34.72 Billing Rate $331.96 $319.15 $284.45 $290.89 $311.39 $294.51 $200.41 $157.73 $156.65 $165.77 $132.67 $117.00 $183.01 $120.48 $128.18 $128.18 $120.87 Task 1 40 12 12 85 149 $ 32,920.55
1.4 20 70 90 $ 17,680.51
1.5 20 12 12 15 59 $ 15,240.04
Task 2 4 30 88 8 256 384 4 8 24 8 814 $ 128,980.27
2.7 $ -
1 16 40 2 120 160 2 4 12 4 361 $ 57,788.68
12 8 2 16 24 4 2 59 $ 9,494.47
2.8 $ -
$ -
2 12 40 4 120 200 2 4 8 2 394 $ 61,697.12
Task 3
Task 4
Task 5 41 26 115 108 67 160 77 10 58 40 702 $ 120,987.16
5.1 2 6 10 2 20 $ 3,193.35
8 16 24 4 8 60 $ 10,120.88
5.2 24 72 80 8 24 208 $ 34,477.51
4 12 46 8 12 46 38 6 14 24 210 $ 35,686.31
1 4 10 2 34 10 2 4 8 75 $ 12,976.27
1 2 38 2 5 3 8 59 $ 11,098.42
1 8 21 2 21 12 2 3 70 $ 13,434.43
Task 6
Task 7
Task 8
Task 9
Task 10
85 42 26 215 201 323 544 81 18 82 8 40 1,665
$28,216.97 $13,404.45 $7,395.61 $43,088.36 $31,704.09 $53,544.78 $72,171.06 $14,823.41 $2,168.70 $10,510.49 $1,025.41 $4,834.65 $ 282,887.99 $ 33,876.90
$ 25,394.50
$ 482.40
$ 8,000.00
$ 316,764.89
5.1.1 2 14 30 2 4 52 $ 7,730.91
5.2.1 2 8 28 8 28 18 3 5 100 $ 18,750.94
5.2.2 1 3 4 20 19 8 1 3 59 $ 9,792.15
5.2.3 1 3 2 46 7 2 61 $ 10,749.09
5.2.5 2 24 4 46 100 20 24 220 $ 32,815.39
5.2.6 1 5 2 50 4 8 70 $ 11,710.03
5.2.7 8 28 8 130 12 28 214 $ 35,668.28
8.7 4 27 54 8 51 24 9 24 201 $ 36,410.71
21 41 24 28 5 88 44 50 94 276 100 95 13 98 977
$6,971.25 $11,662.30 $6,981.28 $8,718.94 $1,472.53 $17,636.16 $6,940.20 $7,832.63 $15,582.69 $36,616.20 $11,700.21 $17,385.49 $1,566.28 $12,561.31 $ 163,627.49 $ 44,083.14
$ 40,083.14
$ 4,000.00
$ 207,710.62
TOTAL COST with Optional Tasks included: $ 524,475.51
Paleontological Records Search
NEPSSA Survey
Permitting
OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:
Other Direct Costs
Escalation
CEQA SE Memorandum
Community Impact Assessment
Paleontological Assessment (PIR/PER)
Water Quality Assessment Report
DBESP
Focused Burrowing Owl Survey
Mileage
Traffic Counts
TOTAL COST:
Optional Tasks
TOTAL COST for OPTIONAL TASKS
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
CONSTRUCTION PHASE FUNDING
BIDDING SERVICES
COORDINATION, AGREEMENTS & PERMITS
RIGHT-OF-WAY
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Natural Environmental Study - Minimal Impacts (NES-MI)
Jurisdicitonal Delineation (JD)
Bat Habitat Assessment
MSHCP Consistency Analysis
ENVIRONMENTAL DOCUMENTATION
CEQA Statutory Exemption
Preliminary Environmental Study Form
NEPA Categorical Exemption
CONCEPT DEVELOPMENT & PROJECT APPROVAL
Caltrans Traffic Reports
Intersection Control Evaluation
Traffic Forecasting Volumes Report
BASIS OF DESIGN DOCUMENT
Traffic Analysis
Preliminary Traffic Analysis
Update Traffic Analysis
Project Development Team Meetings
DATA COLLECTION
Total
Hours Total Costs
PROJECT ADMINISTRATION
Project Controls (Budgeting, Cost Accounting and Progress Technical
Principal
Sr GIS/
Graphics GIS/Graphics
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
LSA Associates Inc.
Associate
Planner/
Technical
Specialist
Sr.Planner/
Technical
Specialist
Planner/
Technical
Specialist
Asst Planner/
Technical
Specialist
Technical
Editor
Document
Management
Project
Assistant
Name
Mark
Mendoza
Dan
Akins
Dioniso
Marquez
Brett
Brown
Laura
Mascaranes
Sarah
Riggs
Jennifer
Benson
Category/Title
Project Director Project Manager Relocation
Manager Title Manager Sr. Agent Agent Project Coordinator Billing Rate $237.08 $148.00 $153.13 $112.28 $91.87 $81.65 $76.55 Task 1 60 60 12 60 60 60 312 $ 39,456.36
1.1 60 60 12 60 60 60 312 $ 39,456.36
Task 4 10 16 8 16 4 8 62 $ 8,045.96
4.3 10 16 8 16 4 8 62 $ 8,045.96
Task 5 2 2 4 1 1 10 $ 1,295.84
5.2 $ -
2 2 4 1 1 10 $ 1,295.84
Task 7 49 82 58 31 234 150 135 739 $ 80,194.47
7.1 4 21 1 26 $ 3,026.43
7.3 49 78 58 10 234 150 134 713 $ 77,168.04
119 158 58 51 310 214 203 1,113
$28,212.52 $23,384.00 $8,881.54 $5,726.28 $28,479.70 $17,473.10 $15,539.65 $ 128,992.63 $ 119,480.00
$ 2,900.00
$ 780.00
$ 77,500.00
$ 19,500.00
$ 13,300.00
$ 5,500.00
$ 248,472.63
Assumptions:
1.) 15 Parcels to be acquired (14 partital acquisitions ‐ Permanent easement and/or temporary easements; 1 full acquisition)
2.) 1 SFR displacement requires a Relocation Plan and a residential relocation
3.) There is only one displacement (family) that will occur from the full acquisition.
4.) The property rights required from the State (Caltrans) will be in the form of an Encroachment Permit.
Hargrave Grade Separation Professional Design Services
Paragon Partners Consultants, Inc.
TOTAL
HOURS TOTAL COST
CITY OF BANNING
PROJECT ADMINISTRATION
General Meetings and Coordination
CONCEPT DEVELOPMENT & PROJECT APPROVAL
Right-of-Way Cost Estimates
RIGHT-OF-WAY
Right-of-Way Requirements
Appraisal Maps, Plats, and Descriptions
Projects Concept Report
ENVIRONMENTAL DOCUMENTATION
NEPA
Initial Site Assessment
Other Direct Costs
Mileage
Postage
TOTAL COST:
Subconsultant - Obtain & Review Appraisal Reports
Subconsultant - Obtain & Review Appraisal Reviews
TOTAL HOURS
Subtotal Labor:
Phase 1 ESA (1)
Title Reports (14)
Name
114.55% Overhead % Category/Title
10% Fee% Direct Rate $105.00 $125.00 $90.00 $91.34 $89.50 $35.21 $105.00 $135.00 Billing Rate $247.81 $295.01 $212.40 $215.57 $211.22 $83.10 $247.81 $318.61 Task 1
Task 2
Task 3
Task 4 1 5 2 5 2 15 $ 3,376.30
4.3 1 5 2 5 2 15 $ 3,376.30
Task 5 $ -
Task 6 7 25 27 18 20 3 120 220 $ 52,935.88
6.5 7 25 27 18 20 3 100 $ 23,198.68
6.6 120 120 $ 29,737.20
Task 7 $ -
Task 8 $ -
Task 9 $ -
Task 10 $ -
8 30 27 20 25 5 120 235
$1,982.48 $8,850.30 $5,734.80 $4,311.40 $5,280.50 $415.50 $29,737.20 $ 56,312.18 $ -
TOTAL COST: $ 56,312.18
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
CONSTRUCTION PHASE FUNDING
BIDDING SERVICES
COORDINATION, AGREEMENTS & PERMITS
Construction Schedule
RIGHT-OF-WAY
Cost Estimates
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
ENVIRONMENTAL DOCUMENTATION
Construction Cost Estimates ( ROM)
Project Concept Reports
CONCEPT DEVELOPMENT & PROJECT APPROVAL
BASIS OF DESIGN DOCUMENT
DATA COLLECTION
Total Hours Total Costs
PROJECT ADMINISTRATION
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Saylor Consulting
Sr. Struct
Estimator
Sr. Electrical /
Systems
Estimator
Technical
Services
Sr.
Scheduler Civil Estimator Sr. Civil
Estimator Manager Constructability
Engineer
Name
Robert
Stewart
Eric
Trimble
Linda
Chia
Jessica
Combs
Sandra
Northrop
Angelina
Chang
222.12% Overhead % Category/Title Principal CVS Team
Leader
Asst. Team
Leader
Project
Coordinator
Asst. Project
Coordinator Technical Editor
10% Fee% Direct Rate $159.01 $109.04 $68.75 $62.60 $56.19 $37.74 Billing Rate $563.42 $386.36 $243.60 $221.81 $199.10 $133.72 Task 1 $ -
Task 2 $ -
Task 3 $ -
Task 4 $ -
Task 5 $ -
Task 6 8 104 96 8 8 24 248 $ 74,651.80
6.7 8 104 96 8 8 24 248 $ 74,651.80
Task 7 $ -
Task 8 $ -
Task 9 $ -
Task 10 $ -
8 104 96 8 8 24 248
$4,507.39 $40,181.82 $23,385.91 $1,774.49 $1,592.79 $3,209.40 $ 74,651.80 $ 3,732.59
$ 3,732.59
$ 78,384.39
PROJECT ADMINISTRATION
CITY OF BANNING
Hargrave Grade Separation Professional Design Services
VALUE MANAGEMENT STRATEGIES, INC.
Total Hours Total Costs
DATA COLLECTION
CONCEPT DEVELOPMENT & PROJECT APPROVAL
BASIS OF DESIGN DOCUMENT
ENVIRONMENTAL DOCUMENTATION
PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
COORDINATION, AGREEMENTS & PERMITS
Value Analysis
RIGHT-OF-WAY
BIDDING SERVICES
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Escalation
CONSTRUCTION PHASE FUNDING
TOTAL COST:
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: January 28, 2025
SUBJECT: Discussion Regarding Utility Billing Issues and Efforts to Correct Errors and Bring Billing Current
RECOMMENDATION:
Provide feedback and direction.
BACKGROUND:
The City has historically used NaviLine Customer Information System for its Utility Billing solution. On April 26, 2022, the Electric Utility Director brought an item to City Council for consideration to approve a contract with Milsoft Utility Solutions, Inc. for Utility Billing purposes. City Council approved that contract; however, no Request for Proposals or cooperative purchasing agreement was used as required by Purchasing Policy (B-30). Only quotes were obtained. That approving staff report is located on page 60 of the City Council Agenda linked below.
http://banning.ca.us/ArchiveCenter/ViewFile/Item/2627
Milsoft was implemented by City Staff on November 1, 2024. The Administrative Services Director explained to Milsoft that he was not comfortable with going live at that time. Milsoft said that everything was ready and that with the data, it would be catastrophic to not implement as scheduled. Staff had run parallel billing between the systems in September and October and was able to reconcile all activity, so the decision was made to go ahead with the implementation.
Staff was unable to bill a single route until mid-November and it took until the end of December to bill November. Staff determined that Milsoft had improperly coded some water billing codes and that many billing errors had occurred. One correction to a developer payment took nine days to resolve. Staff has a full folder of the issues identified in the first two months of implementation.
On December 20, 2024, the City Manager provided Milsoft a 30-day notice of cancellation and notified Council of the action. Milsoft asked the City to reconsider and give more time to correct the issues identified. Staff is working to get the old NaviLine Customer Information System back up and running. We have coordinated with the bank, the payment portal host, paper statement provider, and NaviLine to revert.
Staff is working with NaviLine on a way to bring the billing detail into NaviLine in an upload format to save time and bring billing current as quickly as possible. We will be sending messages to customers stating that new bills for the month of Novemebr will be calculated in NaviLine and billing for December will be processed shortly afterward. We will be bringing all payments made to Milsoft bills into NaviLine prior to November billing so that those payments will be reflective in the bills provided. 893
JUSTIFICATION:
This was a failed implementation. Staff is taking action to rectify the utility billing issues identified during the Milsoft go-live.
FISCAL IMPACT:
Staff time and overtime from the failed implementation and reverting back to the previous system. We may contract with NaviLine for assistance in creating an import for billing to help speed the conversion process back to NaviLine.
ALTERNATIVES:
Provide feedback and direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Milsoft Agreement.pdf
2. CityofBanning Quotes 51167&51216.pdf
3. Banning - Notice of Default and Termination (Milsoft).pdf 894
"'"**i"#F":i:'.ffS'#:,:J!ii'il,'01,313n""'
This Confact for Software License, SuppoG and Subscription (hereinafter referred to as "Contaof') is by and between CITY OF BANNING. CA (hereinafter refered to as "Customef) and Miboft Utility Solutions, Inc., a Texas corporation (hereinafter referred to as "Milsoff'), and is effective on the date signed by the latter ofcustom€r and Milsoft C'Effective Date").
Whereas, Customer has the desire and capacity to procure from Milsoft the authorized use of its proprietsry software known as Mltsofl iXpo Hc@d Sol btrs ircr. trinencisl M.nag€[cnt Work Mrnaeement rnd Custo[er Information Svstems with eB[si[ess. Mobil,e. ePrint md exfutins inte{rrtions. S€tuo apd Subscriptiotr: TextPowep S€tup end "System"), more particularly identified in Section I below1, and Whereas, i[{ilsoft has the desire and capability to fumish and support the System for Customer as quoted and in accordance with the terms and conditions ofthis Conrract; Nots, thercfore, in consideration ofthe prernises, the Contract Price and the respective covenants contained hereiq the Customer and Milsoft (the '!arties") hereby agree as follows:
l. !EIE!& The System (or "System Components") shall consist of tlle licensed System softwarc (the "Software") and subsoiption services described in Milsoft Quotes #-!!!@q4!.,t1!2!!, mnstituting "Schedule d" for purposes of this Contract urd incorporated herein by reference as iffirlly set fort[ as well as any other software md,/or services that may be added by future quote and acaeptanc€ as addenda hereto.
2. @ The itemizcd and/or aggregate pricing for the System Components, basic irutallation, training if included and software license (collectively the bas€ "Contract hice") is set forth in Schedule { together with the terrns ofpayment; Mikol's quoted pricing irchdes base fees fu TatPoweP Setup and Servicet to be incttrred and ulilized per the Terms & Conditions ofTextPower's EULI\ incorporated herein by reference as Schedule B.
3. SI{IE![EN@EpB& If and to the extent deerned necessary by Milsofl the Parties shall in good faith mutually develop and agree upon a Statement of Work ('SOW") to describe and set forth with particularity the essential scope of work, technical specifics, period ofperformance, scheduleVmilestones, acceptance criteria, change orden and other rcquirements unique to the proj€ct.
4. DELIYERY. INSTALLATION AI{D TIJRNOYER For the Contract Price and in accordance with the SOW (if applicable), Milsoft shall deliver the System Componenb to the Customer's location identified in Schedule A and, subject to Customer's preparatory compliance as described in Section 7, shall install the System on site, or by r€mote electonic delivery, or combination thereof as appropriate. The Turnover Date shall be the date, after completion of installation and testing, upon which Milsoft turns over the System to Customer for fully operational use.
5. IBAry& Milsoft shall provide basic System administration and user taining to Customer's designated employees, if aad as may be described in more detail in the Statement of Work or Schedule 4. q. qUPP-ORT SERVICES' Support is included at no additional cost for the products and services provided heretmder by Subscription. For the components ofSoftware not covered by subscription hereundir, Customer will be eiigible to participate in Milsoft's annually renewable suPport program (the "support Program") for technical and user support, So-ftware fixeVpatches, and upgrades to future Softwarc edifions. The Support Progmm is offered at an initial annua rate oizO% of the Retail irrice of the nonsubscription Software, excluding any discounts, plus any applicable sales taxes. Renewal pricing is subject to change in view of software complexity and market conditions, not to exce€d 5% variance during the nnt s years ira from one year tI the next thereafter. Ifpayment is not received when due, Milsoft may withhold services until paid. In the event Customir declines or discontinues its participation in the SuPport Program, in onder to again be eligible to receive support Customer may be required io upgrade and/or agree to Pay an increased rate based upon tie extent ofmaintenance missed and appropriare to the circumstances. 895
For purposes ofthis Contrac! support ofthe Softwar€ means:
. support related to System applications;
. delivery ofSoftware fixes/patches;
. delivery ofupgrades to the latest Software versions made available by Milsoft.
Hours of support availability will be 24 hourVday, 7 days/week, year-round for outage managernent, CIS and communications systems; and no less tlar 7:00 a.m. to 7:0O p.m. Central Time, Monday through Friday, exceping normal business holidays observed by Milsoft, for all other support issues. With prior notice and as reasonably requeste4 Customer shall allow online access to the System and sufficient access to Customer's prcmises as needed for Milsoft to provide its support services.
The services to be provided under the Support Progran do not oover damages or claims due to misuse, negligence, accidents, thefts, unexplained data loss, Ioss of data due to Hardware failure, lack of daily backups, abuse, electrical outages, fire, flood, wind acts of God or public enerny, or improper wiring, insallatioq repair or alteration by anyone other than Milsoft approved technicians. Repais necessitated by any one or more ofthe above-excepted caues may be performed by Milsoft upon request, provided the Customer agrees to pay for such extra work at Milsoft's cunent hourly rates. Such work would not rcpresent or imply any additional warranty or representation regarding the System, the System Components or the flurctionality ofthe System.
7. CUSTOMER'S OBLTGATIONS. PREP AIYD SPECS: INTBGRATION WITH 3d.PARTY SOFTWARE.
7.1 Customer assumes respomibility for care and risk of loss ofthe System ComponenE upon delivery to its location.
Customer is responsible for meeting the data requirements, purchasing and providing any other hardware and/or thnd paty softrvare, and preparing iB location for installation consistent witi the specifications, requfuements and reoommendations per SOW, Schedule { RFP/Response or applicable tetms and conditions, at its exp€nse. Any Cuslomer data required for installation shall be timely delivered to Milsoft pursuam to its instructions. Customer shall also secur€ any permits, licenses or other govemmental approvals for its installation site as may be required by applicable law or regulation, at i6 expense. Once a Milsoft technician is on-site as r€asonably scheduled, if the installation is delayed due to failure of the Customer to have mei the preparatory requirements, there may be a charge of$1,000 per day assessed until ready io proceed.
7.2 Milsoft products are generally amenable to integration with a variety ofproducts from third-party vendors loown by Milsoft to be certifiably interoperable (including but not limited to many Multispeako integrations, when applicable), subject to verification, and with a range ofother third-party products that may require morc extensive customization. The development or pmvision by Milsoft ofany and all interface betwe€n its products and third-party software (whether deemed necessary at the time of Milsoft product imtallation or as needed in the fitrure due to change ofcircumstances) can only be undertaken pu$uant to specific evaluation and may, at the discretion of Milsoft, require reasonable adjustnent oftime and./or cost.
Every interface to be developed and provided for inlegration with third-pafy products must be testable by Mitsoft with consent and cooperation of the third-party vendor (whose consent and cooperation shall be provided by Customer, as Customer's responsibility) ard wilt be specific only to the version or iteration ofthe thfd-party product in use at the time ofthe interface development. Customer shall be responsible for alerting Milsoft to future additions, updates or new venions of all third-party product and for providing renewed consent and cooperation of each third-party for testing, as any such changes could render the Milsoft interface less firnctional tmless addressed. ln such event, Milsoft offers no warranty for the previously provided interface, and assumes no responsibility to develop or provide additional interface without further €rcement and compensation, ifat all.
No other reprcsentetion, wrrratrty or promise regardirg i[terfaces or itrt€gration betwecn Milsoft products and thirdparty software is expressed or implied.
E. soFIwAR"E LICENSE' Upon successful installation ard as ofthe Tumover Date, Milsoft grants to Customer, and Customer accepts, a non-exclusive and non-transferable license to use the Software fumished hereunder (including modifications and enhancements fumished underthe terms ofthis Contnct, and modifications and enhancements fumished under thJterms ofthe Support Program described in section 6) strictly upon the terms and conditions contained herein. Title to and ownenhip of all Softwarelirall remain with Milsoft or its licensors. Customer shall have no right to sell, sublicense, publish, disclose, display, assign, duplicate, alter, lease, or otherwise make available the coding or functional essence ofthe Software io any third party, alihough authorized interfaces with Customer's third-party pmducts will b€ permitted wilh Milsoff's informed consent. Customei shai tat<e ap-pmpriate action with its employees, agents, contractors, consultants and other represcntatives or end users lo ensure compliance with th;e terms and conditions.
Customer may make copies ofthe Softwar-e only for backup purposes and/or archival purposis, and any such copy must contain the same_copyrighl notice and proprietary ma*ings that the original Software contains. Cuitomer acknowledges the $ftware represent a very large-scale investment in the develoP-ment ofan intangible ass€t by Milsoft and must be strictly prote;ted hereonder. In the eyent ofa brEach under the provisions ofthis software license by Customer, upon wriften notice which may L given atitre election of Milsoft, customer shall forfeit all rights as licensee under this contract and sirall immediately r"t rn *r" soniu."-to ttaitrot along with ali 2 896
documentation and source media associated ther€with. Customer assumes full liability to Milsot for any damages (including cons€quential damages), whether or not foresecn by the parties hereto, rEsulting dircclly or indir€ctly from any compromise ofany rights owned by Milsoft and not expr€ssly confenpd under this Contract, if such darnages arc the result of the negligarce or willful act or omission of Customer (including any employee, agenl, contractor, consultant or other rrpresentativc of Customer). CUSTOMER
ACKNOWLEDGES THAT TIIE SOFTWARE IN E)GCUTABLE LINE CODE FORM REMAINS A CONFIDENNAL TRADE SECRET AND CUSTOMER AGREES NOT TO ATTEMPT TO REVERSE.ENGINEE& TRANSLATE, DECIPHER" DECOMPILE, MODIFY OR DISASSEMBLE THE SOFTWARE, NOR INCORPORATE TI{E SOFTWARE IN WHOLE OR IN PART INTO ANY
OTTIER SOFTWARE OR PRODUCT OR DEVELOP DERIVATIVE WORKS THEREFROM OR ALLOW ANY OTHER THIRD PARTY TO DO SO, WITHOUT THE EXPRESS WRITTEN CONSENT OF MILSOFT.
9. CONFIDENTIALTTY.
9,1 During performanc-e ofthis Contnct or in the contemplation thereof, and subjcct to and in conformity with Seaion 8, employees, agents and authorized contractors or mnsultants of each party to this Contract may have acc€ss io private or confidential information owned by the other party, including, but not limited to, the Software, and information conccming costs, charges, operating prooedurcs and methods ofdoing business, which may be owned or mntrolled by the other party. With resp€ct to 8ny suoh information so accesxd or acquired, each party agrees as follows: (a) all such information shall be and shall remain the exclusiv€ prop€rty ofthe party which owns the information; (b) each party shall limit access to such information ofthe other party to their respective employees, agents and authorized contractors or consultants who have a need to know consistent with the receiving psrty's authorized use of such information; (c) the receiving party shall keep, and have its employees, agents and authorized mntracton or consultants having access keep, all such information confidential; (d) the receiving party shalt not copy, publish or disclose to oth€rs, or p€mit its employees, agents and authorized conFactors, consultants or anyone else to copy, publish or disclose to others, any such information without the owning party's prior written consenq (e) lhe receiving party shall retum such information to the owning party at its request; and (f) the receiving party shall use such information only for the purpose ofperforming its obligations hereunder. 9,2 Each party shalt secure and pmtect the other party's confidential information in a manner consistent with the protection it provides to is own confidential information, but in any case using no less than reasonable degree of care. Each party's duties of confidentiality as regards the confidential information shall survive any canceilation, expiration or termination of this Contract.
Notwirlstanding the foregoing, rec€iving party may disclose Confidential Information as requircd by applicable law (e.g. California's Public Records Act) or by proper legal or govemmental authority; in such event, rec€iying party shall give the owning party prompt notice ofany such legal or govemmental demand and reasonably cooperde with such owner in any effort to se€k a protective ord€r or otherwise to cont€st such required disclosure, at owner's expense.
9.3 Each party at all times shall maintain appropriate intemal policies and procedures reasonably sufficient to satisry its obligaions under this Section 9- Should eilher party or its employees, agents and authorized contraclors ot consultants use, disclose or attempt to use or disclose any such information in a manner contaD/ to this Contrsct, the owning party shall have the right to seek injunaive reliefagainst such breach or threalened breach (without posting a bond or other security), in addition to any other remedies that may be available at lalx or in equity.
10. PRODUCT CHANGES. Milsoft res€rves the right to make modifications and distibute enhanc€ments !o existing Software.
In addition, upon notice to Customer ofno less than nine (9) months or upon the downgmding ofthe third party (ag. Microsoft or IBM) manufacturer's mainsream support ofCustomer's hardware, Milsofl may require that specified upgrades to the Cusomer's hardware or Sysiem Components be made as a condition for continued Milsoft subscription or support.
I1, LI IITED WARRANTIES.
I1.l Software. Upon delivery end continuing through th€ lirst thirty (30) calendrr days followilg the Turnover Date, Milsoft warrents exclusively thst theSoftware sball substantially conform to, ,Dd perform in substantial eccordance with, ell applicable Software specifications. Milsoft represetrts rnd werratrts getrerrtly that it owns the Software or thst it h8s the right to license customer's use ofthe Softwsre in lccordrtrce with the provilions ofthis Contract. In event ofbrcach or failure, custoEer's exclusive remedics shalt be. at the option and expensc of Milso& eithcr (i) to have Milsoft promptly correct any discreprncy in performance th.t mrterirlly iEprirs the rpproprirte functiooality ofthc Software; or (ii) tl have Milsoft refund the pric€ psid for the licensed us€ ofthe Software, provided that Customer must rllow Milsoft to de,inja[ the Software within 30 days of customer's tim€ly notilicrtion to Milsoft of the discrepency. ALL cLAlMs AND REMEDIES ARE LIMITED TO THOSE EXPRESSLY PROVIDED IN THTS CONTRACT. ll'2 Sappon Semices. -With r-espect to services provided under th€ Support program or other work, Milsoft warrltrts erclusively thrt srch s€rvices shall be performed in e good rnd worknenlike irshion, -In event of breach or frilurg customcr's exclusive rem€dies shelt beJ rt the option and expent of Milsoft, either (i) t" rr"r" rvrir*ft-pr"mpily correct such services' or (ii) to haye Mirsoft refund the price prid for the applicabte portion ofthe services. 897
12. DISCLAIMER OT OTEER WARRANTIES. TIIERE ARE NO OTHER WARRANTTES EXPR"ESSED OR IMPLIED, INCLUDING, BUT NOT LIMTTED TO, ANY TMPLIED WARRANTIES OF NOI\IIMRINGEMENT, MERCIIANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. GENERAL LIMITATION OF LIABILITY. T}IE LIABILIry OF MILSOFT, TTS LICENSORS AND ITS AFFILIATES, IF AI{Y, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAM OF ANY KIND
WHATSOEVER WITFI RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY MILSOFT, REGARDLESS OF TIIE LEGAL THEORY OR THE DELIVERY OR NON-DELIVERY OR ALLEGED FAILURE OF A}.IY PRODUCTS OR SERVICES, S}IALL NOT BE GREATER TT{AN TTIE FEES ACTUALLY PAID BY CUSTOMER TO MILSOFT HERELINDER IN CoNNECTION wlTll TIIE PRODUCTS OR SERVICES AT ISSUE DURING Tr{E TWELVE (12) MONTH PERTOD IMMEDIATELY PRECEDING TTIE DATE IJPON WHICH SUCH CLAIM ACCRI.JED. UNDER NO CIRCUMSTANCES WILL MILSOFT, ITS LICENSORS OR A}.iY AFFILIATE BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, TNCIDENTAL, CONSEQI.'ENfiAL, E)GMPLARY OR PIJNITIVE DAMAGES OF A}IY KIND, INCLTJDING, BUT NOT LIMITED TO,
COMPENSATION, REIMBIJ'RSEMENT OR DAMAGES ON ACCOIJNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, HfENDITURES, INVESTMENTS, COMMITMENTS, BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE SOFTWARE, COST OF CAPITAL, AND THE CLAIMS OF ANY TI{IRD PARTY, OR FOR AI.IY OTHER REASON W}IATSOEVE& REGARDLESS OF WHETHER SUCH CLAIM HAS ITS BASIS IN ANY T1IEORY OF CONTRACT, EQUITY, TORT (INCLI]DING NEGLIGENCE), STRICT LIABILITY OR OT}IER LEGAL THEORY, EVEN TF EITHER PARTY HAS BEEN ADVISED OF TI{E POSSIBILITY OF AI.IY SUCH DAMAGES.
14. PAYMENT, Timely payment by Cwtomer to Milsoft at its principal place of business of all sums due hereundu is a material element of this Contract. Unless otherwise specificd in Schedule 4 or by a subsequent agreement of the pafties in r,vriting, payment shall be due upon billing and paid within thirfy (30) days ofinvoice. Without limiting Milsoff's orher rights and remedies for any failure ofcustom€r to make payment, Milsoft may charge interest on all unpaid sums at the lesser ofthe rate of 1.57o per month or the maximum contract rate sllowed by law. Milsoft has no desire to exceed the maximum amourt of interest that may be contracted for, charged or received under applicable law, and any intercst paid in excess ofsaid maximum amount shall be crcdited toward any past due payment or refunded to Customer.
15. IAXE& Unless specified as such, the prices set forth herein do not include any sales, use, excise, ad valorem, property or other taxes applicable to the sale, use, license or delivery ofthe System Components and any related serviccs supplied hereunder. 1, is rnderstood al as a goverumentql entity, Customer is not subject to or liablefor t6ation. t6. FORCE MAJEURE. Neith€r party shall be deemed in default ofany pmvision ofthis Cortract, or responsible for failures in performance, resulting from any cause beyond its reasonable control, which includc, without limitation, acts of God, civil or military authority, civil disturbances, wat, fires, orother catrstrophes. In the eventofany failureor delay resulting from such causes, an equitable adjustment ofs€hedule and any other appmpriate terms and conditions shall be agreed upon by the parties.
17. NON-wAlvER No waiver of any breach or default shall constitute \f,aiver of subsequent breach or default. No failure or delay to exercise any right, power, or privilege under this Contact shall op€rdte as a waiver ofsuch righ! power, or privilege; nor shall any single or Partial exercise ofany righq power, or privilege preclude further exerrise ofsuch right,fowir, or priviiege. - !8: TERJvt snd TERMINATION.. The initial term of Subscription hereunder shall be for the duration of 5 years as stated in Schedule d and may continue in rEne\f,al or extension thereof in the time and manner stated lherein; in the absence of fi[ther written agreemenl or notice ofcancelldion or termination, agrEement to €xtend on a month-lo-month basis may be infen€d so long as Customer continues to pay and Milsoft continues 1o accept monthly subscription p8yments. Ifat any time eithei party fails to p€rform a material obligation and does not remcdy such failure within thirty (30) days followinc notice fiom the non-defaulting party, ihe non-defaulting party may elect to terminate this contract by giving notice oftermination to tlic party in default. Termination-foi difault shall in no wa| prejudice the rights or remedies aYailabte tothe non-defaulting palty as a resuli ofthe default nor relieve Customer of its obligation tl pay Milsoft for all compliant product grovided and sewices actually rend€red up to the date of termination. -in
tne event either pary breaches or default hereunder to the detriment of the other, in addition to other righ* -a ."r"ai.to" fJfr ingea shall be entitled to recover its reasonablc attomey's fees and related expenses incurred, including b,-ut not limited to court'cosis incunea at uoth trial and appellate levels, in the enforcemenl ofthis Contract. l9'. DISPUTE RESOLUTION. The panies-will anempt in good faith to promptly resolve any dispute arising out ofrhis contract without resorting to litigation. Beforc any suit for damages may proceed, ttre parties rut suumii tJ non-u-inding mediation by an impartial mediator, at a mutually conyenient location, with-each party Uearing its ow" ",i";;y;. i;;;Je-*pJr-ses. eny aispute not ,o resolved by negotiation or mediation may then be submitted to a court of compaent jurisdiction. N"tr,irJtrr"ir.a r,erein, however, shall preclude the parlies from first seeking t€mporary injunctive or other equitable reii"r li p*rl*"rir, "?il, Jghtr.
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20. GOVERNING LAW: CHOICE OF FORUM. The vslidity, performance aod constuction of this Contract shall be govemed by the laws ofthe State of Califomia (wirhout giving effecl to principles ofconflicts of law). The parties agree that the Uniform Computer Information Tnnsaction Act and the UN Convention on Intemational Sale of Goods do not apply. Any lega.l claim or action shall be filed in the state and local venue in which Milsoft maintains its principal corporate oftices, unless otherwise agrecd.
21. SUCCESSORS AND ASSIGNS, This Contract shall irure 1o thc b€n€fiiofand be binding upor successon and assigns of the parties; how€ver, Customer may not assign without the conscnt of Milsoft, which shall not b€ uffeasonably withheld.
22. CONSTRUCTION AND CAPIIONS: PARTIAL INVALIDITY. Captions are for convenience only and shall not be constued to expand or limit any provision hereunder. Should any provision offtis Contract be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affecr any other provision of this Contract. 23, CONTROLLING TERLS. ORDER OF PRECEDENCE. Any terms or conditions appcaring on the face or rwerse side of any purchase ordel preliminary quote, acknowledgment or confirmation that are different from or in addition to those requircd hereunder shall not be binding upon thc parties, even ifsigned and rctumed, unless both parties exprcssly agree in writing to be bound by such. In event of any c.nflict or inconsistency bet\ryeen the main body ofihis Contract and dte pmvisions of any schcdule or other attachment, the provisions ofthis Confiact shall prevail, except as to thejobsperific details ofSchedule d. Schedule B or applicable SOW.
24. NOTICE. All notices given under this Contract must be in writing and shall be deemed duly given only upon (a) personal hand delivery; G) the fourth day following deposit in the United States Mail, postage paid, certified/retum receipt requested; (c) d€livery by a naionally recognized overnight courier service that obtains signed acknowledgment of receipq or (d) confirmation of electrcnic trsnsmission via facsimile or email; using the addrcsses or numbers shown below or any other address or numbers as either party may designate by ten days prior \rT itten notic€ given in accordance with this provision.
If to ('ustomer: If to Milsoft:
Mlhoft Utility Solutions, Inc.
,4lrn. Ad8m Tumer, CEO ofBusiness Operalions
P.O. Box 5726
Abilene, Texas 7960t
Facsimile: (325) 690-0338
Email: adam.tumer@milsoft .com
City of Bantring
25, ENTTRE AGR"Ef,,MENT: AMENDMENTS: SIGNATURDS. The SOW (if any) and all rcferenced schedules and addenda arc integral pans of this Contract as if writtcn verbatim herein. Collectively, this Confact sets forth all authorizcd and material r€prEsentations, constitutes the panies' entire agreemcnt 8nd understandings with respect to the subject matter, and supcEedes any and all other agr€emerts, proposals and/or representations, subject to Milrcft's Response to Request for Pmposal as Accepted (ifapplicable) which is incorporated herein by reference. No addendum, amendment or modification shall be effective unless in writing and duly executed by authorized represcntatives of both parties. Signatures may be made and,/or delivcred by electmnic means, 8nd any true, corrcct and oomplete copy of this futly signed instrumerrt shall be as enforceablc as the original.
IN WITNESS WHEREOF, the parties have signed by their duly authorized representatives as ofthe dates entercd below.
MILSOFT UTILITY SOLUTIONS, INC.
Adam Tumer, CEO ofBusiness Operations
@rt,lr N@
ort, /1to/ A.JOI:)
Date:
By:
CITY OF BANNING
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