WEC Engineering/Laguna Sound Wall 08Last Revised 1-19-07
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and WEC Engineering ("Consultant"). The parties hereto
agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Laguna de la Paz
Sound Attenuation Wall Improvements, Project No. 2008-01, as specified in the
"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Consultant warrants that all services will be
performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Eighty -Five Thousand One
Hundred Seventy Dollars ($85,170) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Contractor specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. The term of this agreement shall commence on December 3,
2008 and terminate on December 31, 2009 (initial term). This agreement may be
extended upon mutual agreement by both parties (extended term). Unless earlier
terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
Scott D. Walker, P.E., Principal -In -Charge
Bradley Waldrop, P.E., Project Manager
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E. Public Works Director/City Engineer, or such other person as may be
designated by the City Manager of City. It shall be Consultant's responsibility to
assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions, which must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
WEC ENGINEERING
Attention: Scott D. Walker, P.E.
Principal -In -Charge
41-840 Beacon Hill, Suite A
Palm Desert, CA 92211
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
iAr z n//" .& 9 , r 8-"'
Bret M'Plumiee, Date
Assistant City Manager - Management Services
APPROVED AS TO FORM:
M. Kadherine Jen&VCity Attorney
CONSULTANT: WEC Engineering
By:
Name: Scott D. Walker, P.E.
Title: Principal -In -Charge
Date: 12 1 08
Last Revised 1-19-07
Exhibit A
Scope of Services
The Consultant's Scope of Work, dated November 20, 2008, is attached and
made a part herewith.
WORK PLAN
r-1
CD SCOPE OF SERVICES NOVEMBER 20TH, 2008
.Q
C'>
I'
tV The following scope of services outlines the intended work under this agreement between The City of La
o Quinta, Client and WEC Corporation, Consultant.
G
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LLJ PHASE 1
0
�- TASK 1 - SET EXPECTATION / KICKOFF MEETING
v Our Project Manager will conduct a kick-off meeting with the City to collaborate on the design effort. We
z will take this opportunity to set expectations amongst the team members with regard to schedule, scope an
W anticipated project progress. In addition to discussing the process for design and setting expectations of
wthe team, we will take this opportunity to explore cost saving approaches in both design and construction
o phases. Following this meeting, our team will have the information needed to more efficiently develop the
d project deliverables.
Deliverables:
a
This task will generate information that will be incorporated into additional deliverables not described in this
<J task. This task will not deliver a standalone product.
z
TASK 2 - RESEARCH AND INVESTIGATION
Our team will perform all research of utility company, and other agency records as necessary to secure oll
o
z the information, clearances, and/or plan review services required to identify, locate, and accurately layout
'-U all underground improvements and easements, centerline, right-of-way, property lines, curb and gutter,
h
�-- intersecting streets, cross gutters, and other ancillary items that may affect the project.
z Deliverables:
This task will generate information that will be incorporated into additional deliverables not described in this
t task. This task will not deliver a standalone product.
N
Q
Q._ TASK 3 -QUALITY MANAGEMENT PLAN
WEC will provide quality control and assurance for work products delivered to the City during this project.
--I Specifically, WEC will provide quality reviews on design calculations, construction documents, and project
w specifications. In addition, our team will walk the project during the initial phases to compare field identified
Ca
Q features against the project topographic survey to confirm accuracy. In addition, WEC will review spot
z elevations of the topographic survey to ensure conformity with field observations.
< TASK 4 - SURVEYING
_J
TASK 4.1. RESEARCH
Research City and County records for maps, ties, and bench marks.
TASK 4.2. STREET STATIONING
Eadson & Associates, Inc. will provide control points along the street centerline. Street stationing will
include a nail & tin at 100' stations, with painted stations at 50' intervals. Stationing will begin at the
South (or West) end of each street, and continue to the end of the project.
A minimum of two temporary bench marks will be provided along the proposed improvements.
WORK PLAN
r-,
SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
0
TASK 4.3. STREET SURVEYS
O
^ Provide Topographic survey data along each street from the City Right -of -Way to existing wall face.
Provide a detailed survey to include 25-foot cross -sections of existing features and visible utilities.
w
Cross section will be at 25-foot intervals as stated. Cross -sections will have variable width as required
o to capture existing features from back of walk to wall face.
TASK 5 -TEMPORARY CONSTRUCTION EASEMENT
Eadson & Associates will prepare one Temporary Construction Easement for this project. The final work
w product will be a plat and legal description for the region of private property in which it is anticipated that
Construction activities will take place. We have assumed that this task can be accomplished with a single
j temporary construction easement wholly within HOA property.
0
z
a TASK 6 - GEOTECHNICAL INVESTIGATION AND RECOMMENDATION
j Our team will provide soil sampling and testing to develop a preliminary and final Geotechnical Report
outlining foundation and construction recommendations and defining soil and seismic design parameters
_`r needed for improvement plan development.
7
O TASK % - UTILITY COORDINATION
aOur team will contact all utility agencies providing service within the City and obtain utility maps and records
for the project area. Field reviews to locate all surface utilities that are impacted by the project will be
w performed. Continuing coordination will be performed up to the Notice to Relocate prior to construction.
WEC will provide utility notices to all utility companies with facilities within the limits of the project. These
o notices will inform the utility of their need to relocate their facilities prior to construction or to adjust their
facilities to grade after completion of the street paving.
0
cr
N WEC will directly submit to each utility company their required number of preliminary and final plan sets
¢ that provide the location, elevation of the utility, and the elevation of the improvement with the conflict
area clouded To show the utility companies the areas that conflict. WEC will coordinate with the utilities
_¢ for relocation of their facilities if required. WEC will provide the utility companies with three (3) relocation
notices. Also, WEC will coordinate with the utility companies the scheduled relocation of the utilities prior
to the start of construction.
The utility notices to be provided are:
• 1 st Utility Notice for City Improvements, Preliminary Project Notice
• 2nd Utility Notice for City Improvements, Prepare to Relocate
• 3rd Utility Notice for City Improvements, Notice to Relocate
• 4th Utility Notice for City Improvements, Notice to Relocate Immediately
WEC will compose all utility letters and forms. The City will print the utility notices on City letter head and
WEC will pick-up and mail the letters, Certified, with Return Receipt requested back to the City. A copy of the
Certified Mail article numbers shall be provided to the City within a few days of mailing. WEC will document
on the return receipt card the project number, project name, and our name. Our team will call the utility
companies, as necessary, until a written response form is received from each potential conflicting utility.
WORK PLAN
SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
CD
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tit
o Our team will prepare and maintain a detailed utility coordination log that will be updated on regular basis
and can be provided to the Client upon request.
F-
w
We will measure and document the height of the existing overhead utility lines for traffic signal, safety
o lighting, and street light clearance.
We will coordinate with the utility companies for the relocation of any of their facilities that conflict with the
proposed improvements and continue coordination until the utility conflict is resolved.
z
w
Deliverables:
j 1 . Detailed utility coordination log.
0
a-
a_
z
DESIGN SERVICES
J
d
TASK 8 - WALL ALTERNATIVE ANALYSIS
Our team will develop a report that outlines the pros and cons of the three alternatives considered for these
walls.
d
z
These alternatives include:
1. Remove and Replace
2. Retrofit (6'-0" existing height to 8'-0" proposal height)
j 3. Parallel Wall Installation
0
z
The analysis will consider the needs outlined in the Acoustical Study prepared by Alliance Acoustical
0
Ili) Consultants, Inc. and the context in which the existing walls are constructed. This analysis will examine
Qproject costs, logistics of construction, and future maintenance concerns. The result of our analysis will be
Ct a report that identifies the best solution for the proposed wall system. There is a chance that the report will
d recommend a combination of the proposed alternatives. In this case, the report will clearly identify limits
-I for each wall alternative.
LLI
�< TASK 9 - CONCEPTUAL DESIGN
zOur team will develop 30% complete plans depicting plan views (40 scale) and typical cross sections of
the walls that are consistent with the Alternative Analysis Report. These plans will indicate limits of work,
,-�i
1 anticipated typical details, and areas of potential utility relocation and other important field coordination
items. Our team will submit these plans for review by the City before advancing to Final Design.
Deliverables:
1. 30% Plan View (40 Scale) - 24" x 36" Bond Hard Copy
2. 30% Typical Details - 24" x 36" Bond Hard Copy
TASK 10 - MEETINGS AND COORDINATION
WORK PLAN
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CD SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
co
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WEC will attend four meetings with the Client for this project. These meetings are anticipated around each
o plan check submittal (Concept review, 85%-90% Check Plans and Specs, 100% Check Plans, Specs, and
Engineer's Estimate, and Preliminary Final). Each of these meetings will be used to resolve comments on
the submittal packages provided above. These meetings are assumed to be held at the City offices or in
w the field at the project location.
0
GL TASK 11 - COMMUNITY LIAISON
WEC will provide a dedicated community liaison for this project. The focus of this task will be coordination
H and communication with the Laguna de Lo Paz Home Owner's Association. Our staff will meet with this
wgroup various times throughout the project to communicate proposed project plans at the direction and
s authority of the City. In addition, we'll use this task to identify construction coordination items that may
j require special handling in the project specifications.
c
CL
a
s
POST DESIGN SERVICES
TASK 12 - BIDDING SUPPORT
z Our team will provide support to the City during the bidding and award process. The work anticipated for
this task includes addenda support or clarifications to bidders.
¢
TASK 13 - CONSTRUCTION SUPPORT
W Our team will provide design support during construction. These efforts are expected to include response
to Requests for Information (RFI), contractor questions and submittal reviews.
0
TASK 14 - REIMBURSABLES
0o Consultant incurs fixed costs during the provision of our service. These costs include but are not limited to
'-1) photocopies, facsimiles, printing, travel, and meals. Consultant is entitled to reimbursement for these items
NJ
at a rate of 1 15% of the direct costs to Consultant. The proposed fee for this item is budgetary and may be
2 modified during the life of this project.
PHASE 2
ZD FINAL DESIGN SERVICES
_J
TASK 1 - FINAL DESIGN (85% - 90% COMPETE)
Our team will incorporate comments provided during the Concept Review and advance the design to
85%-90% complete plan and specifications. This package will include plan, profile, typical section, and
construction details. During this task, our team will develop project special provisions that identify each item
of work and have been edited for this specific project.
Deliverables:
1. 85% - 90% Improvement Plans - 24" x 36" Bond Hard Copy
WORK PLAN
SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
1 1%
j 2. 90% - 95% Project Special Provisions -Hard Copy
0
TASK 2 - FINAL DESIGN REVISION (100% COMPLETE)
Our team will incorporate the comments received during the 85%-90% Plan Check and advance our design
w to 100% complete. In addition, ourteam will develop an Engineer's Estimate based on this 100% complete
a set of improvement plans.
Deliverables:
1. 100% Improvement Plans - 24" x 36" Bond Hard Copy
w 2. 100% Project Special Provisions and Bid Documents- Hard Copy
3. 100% Engineer's Estimate - Hard Copy
-�
TASK 3 - BID READY CONTRACT DOCUMENTS
° Our team will incorporate the comments received during the 100% complete Plan Check and develop the
s
final Bid Ready Contract Documents.
J
J
Q Deliverables:
- 1. Final Improvement Plans - 22" x 34" Mylar, AutoCAD 200 or later
z 2. Final Project Special Provisions and Bid Documents - Hard Copy, MS Word Electronic Copy
0
� 3. Final Engineer's Estimate -Hard Copy, MS Excel Electronic Copy
W
~ EXCLUSIONS
F-
C Consultant expressly excludes work for the following:
0 Any work not expressly stated in the above Scope of Services
z
0
t!) ADDITIONAL SERVICES
a
Although the following tasks hove not been included in this Scope of Services, Consultant may provide them
f L as additional work accompanying an addendum or new contract:
4
Management
• Construction Mana
W •Right-of-way Engineering g
• Final Design • Water Resources Design
• Planning and Entitlement Processing • Traffic Study
• Program Management • Traffic Signal Design
• Land Development
a
OWNER'S RESPONSIBILITIES
The Owner is responsible to provide existing information deemed helpful to Consultant to accomplish the
tasks outlined above. This includes previous design documentation for projects that have been completed
for the Client in the vicinity of this project by other design professionals.
ASSUMPTIONS
The following are a list of assumptions accompanying this Scope of Services:
• Only the three alternatives mentioned will be considered during the conceptual phase.
Last Revised 1-19-07
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed Eighty -Five Thousand One Hundred Seventy
Dollars ($85,170) except as specified in Section 1.6 - Additional Services of the
Agreement.
The project will be performed by Consultant in two phases in accordance with
the attached cost proposal. The Consultant shall not proceed with phase II until
authorization is received in writing from the City of La Quinta.
C �
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Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
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Exhibit D
Special Requirements
NONE.
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fy OF'LN�'� ..
PROJECT NO. 2008-01
PROFESSIONAL SERVICES AGREEMENT
LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS
CONSULTANT: WEC Engineering
Attention: Scott D. Walker, P.E.
Principal -In -Charge
41-840 Beacon Hill, Suite A
Palm Desert, CA 92211
CONTRACT AMENDMENT NO. 1
Pursuant to the terms of the original Contract Agreement, you are hereby
directed to make the herein described changes or do the following described
work not included in the plans and specifications for this Contract. Unless
otherwise stated all work shall conform to the terms, general conditions, and
special provisions of the Contract.
DESCRIPTION OF CHANGE
In accordance with Exhibit B of WEC Engineering's Professional Services
Agreement, the City of La Quinta authorizes WEC Engineering to perform the
Phase II final engineering services for Alternative 2 - Retrofit.
Previous Contract Amount Thru Contract Amendment No. -0- $54,650.00
Add this Amendment $13,370.00
Revised Contract Total $68,020.00
The contract completion date is not affected by this contract amendment.
Submitted i( Date:
BY: rj-�---
Approved /yj //� vale:
We, the undersigned Consultant, have given careful consideration to the
change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may
be noted above, and perform all services necessary to complete the above
Page 1 of 2
specified work, end helehy accept es fu// peyment the &mount shown
&hove.
Accepted Title:
By: -6 dytjCIPIL,
Consultant: / �f EG✓ Date: 28 09
Page 2 of 2
4? ,
La •cy`
r
Of'y OF T�'O
PROJECT NO. 2008-01
PROFESSIONAL SERVICES AGREEMENT
LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS
CONSULTANT: WEC Engineering
Attention: Scott D. Walker, P.E.
Principal -In -Charge
41-840 Beacon Hill, Suite A
Palm Desert, CA 92211
CONTRACT AMENDMENT NO. 2
Pursuant to the terms of the original Contract Agreement, you are hereby
directed to make the herein described changes or do the following described
work not included in the plans and specifications for this Contract. Unless
otherwise stated all work shall conform to the terms, general conditions, and
special provisions of the Contract.
M•iFM iiF iF iFRiF iF iFi MMiF iF iF iFRiF iFk iFMiF iF iF iF iFwiF iFki MiF %iF iF it iFMYiiMMiFiiF iFYM IiF iF•
DESCRIPTION OF CHANGE
The City of La Quinta authorizes WEC Engineering to perform up to eight (8)
potholes along the existing Laguna de la Paz property wall to determine the
depth and horizontal location for existing utilities. WEC Engineering's
Additional Work Request Number 1 is attached and made a part of this
Contract Amendment.
Previous Contract Amount Thru Contract Amendment No. -1- $68,020.00
Add this Amendment $4,000.00
Revised Contract Total $72,020.00
The contract completion date is not affected by this contract amendment.
Page 1 of 2
Submitted
By:
Approved
By:
Date: 9 J11tb(�
Date:
x xxx xxxxxxx xxxxxxxxxrxxxxxx xxxxx xxx xxxxxxxxxxxxxxxxxxxxxx
We, the undersigned Consultant, have given careful consideration to the
change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may
be noted above, and perform all services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above.
Accepted /J / / Y Title:
By:
Consultant: / CIE(. Date: 8 II
/09
Page 2 of 2
VEC
July 21, 2009
Mr. Nick Nickerson
City of La Quinta / NAI
P.O. Box 1504
La Quinta, CA 92247
Subject: Additional Work Request #001, Laguna de la Paz Sound Attenuation
Wall
Dear Mr. Nickerson:
WEC appreciates the opportunity to submit this additional work request for the subject
project.
Potholing (8 Total) $500 each
WEC Engineering will perform utility potholing to determine depth and horizontal location
for up to eight (8) potholes along the existing Laguna de la Paz property wall within the
limits of our project and at the locations previously marked by Dig -Alert or located with
record drawings.
TOTAL: $4,000.00
We trust this meets your expectations. If you have any questions or require additional
information, please do not hesitate to contact me.
Respectfully submitted,
WEC ngineering
Bradley Waldrop
Engineering Manager
26672 Towne Centre Drive • Suite 320 • Foothill Ranch • California • 92610
Ph: 949.600.5105 Fax: 949.600.5106