2014-15 NAI Consulting - CIPPROFESSIONAL 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 NAI CONSULTING, INC. ("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 Project Management and
Contract Administrative Support Services, 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 ("Additional Services") when directed to do so by the Contract Officer.
Consultant shall not perform any Additional Services until receiving prior written
authorization from the Contract Officer. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforeceable. Failure of Consultant to secure the Contract Manager's written
authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time due, whether by way of compensation,
restitution, quantum meruit, etc. for Additional Services provided without the appropriate
authorization from the Contract Manager. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.2 of this Agreement.
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 Three Hundred Ninety -Eight Thousand,
Four Hundred Dollars ($398,400.00) (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. Regardless of the method of
compensation set forth in the Schedule of Compensation, Consultant's overall
compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of
this Agreement, "Additional Services."
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both City
and Consultant in advance of the Additional Services being rendered by Consultant.
Any compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer. Any greater amount of
compensation for additional services must be approved by the La Quinta City Council.
Under no circumstances shall Consultant receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Method of Billing. 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 Consultant 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 specked 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. Extensions to the Schedule of
Performance which are determined by the Contract Officer to be justified pursuant to
this Section shall not entitle the Consultant to additional compensation in excess of the
Contract Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of
this Agreement, the term of this agreement shall commence on June 1, 2014 and
terminate on June 30, 2015 (initial term). This agreement may be extended for One
additional year(s) upon mutual agreement by both parties (extended term).
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:
a. Lloyd "Nick" Nickerson, Jr., President
Email: nnickerson@naiconsulting.com
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
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, Commercial General Liability
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 (on the Commercial General
Liability policy only) shall be delivered to and approved by City prior to commencement
of the services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
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. .
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.
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.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without 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 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.
5.3 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. 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.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that 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.
10. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. 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 A without the written
consent of the Consultant.
b. 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 therewithand 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.
6.2 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.
a. 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 6.2(b). Notwithstanding Section 6.2(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 6.2(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.
7.0 RECORDS AND REPORTS.
7.1 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.
7.2 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.
7.3 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.
7.4 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 bylaw. 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.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 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.
8.2 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 8.7.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
8.8 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 8.3.
8.8 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 8.2, 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 8.3.
8.9 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.
9.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 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.
9.2 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.
9.3 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.
10.0 MISCELLANEOUS PROVISIONS
10.1 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: Frank Spevacek,
City Manager
78-495 Calle Tampico
La Quinta, California 92253
To Consultant:
NAI Consulting, Inc.
Attention: Lloyd Nickerson, Jr.
President
68-955 Adelina Road
Cathedral City, CA 92253
10.2 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.
10.3 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.
10.4 Severabilitv. 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.
10.5 Authori . 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
an a k, City Manager Date i
ATTEST:
Susan Maysels, City Clkrk
APPROVED AS TO FORM:
/;) dA
M. Katherine JerW, City Attorney
CONSULTANT: NAI Consulting, Inc. Y
By:
Name: Lloyd Nickerson, Jr.
Title: President
Date: /Yl a as t,/
Exhibit A
Scope of Services
As directed by City Staff, the consultant's services shall include, but are not limited to
the performance of the following assignments, duties and tasks:
• Prepare and submit necessary documents, and coordinate with various regional,
county, state and federal funding agencies to acquire and maintain funding approval.
• Prepare and track project schedules.
• Prepare correspondence, reports, and memorandums necessary to administer
various City capital improvement projects.
• Assist with bidding procedures, prepare bid summary comparisons in a table format,
and make recommendations for City Council consideration to award Public Works
contracts for construction.
• Prepare and conduct informal request for proposals to construction support sub -
consultants, summarize proposals received and make recommendations for award
of Professional Services Agreements.
• Monitor and report on project status, budget vs. actual expenditures, and contract
time vs. actual time.
• Prepare staff reports for City Council consideration, as necessary.
Other work objectives may include:
• Preparation and/or management of the City's Development Impact Fee Update; and
• Continued assistance with issues associated with the Coachella Valley
Transportation Uniform Mitigation Fee (TUMF) Program.
• Continued assistance with the Measure A Yz Cent Sales Tax Capital Improvmement
Plan and Maintenance of Effort requirements.
• Provide design services for minor Capital Improvement Projects.
• Other duties as assigned by the Public Works Director/City Engineer
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section
2.2 of this Agreement, the maximum total compensation to be paid to Consultant under
this Agreement is Three Hundred Ninety -Eight Thousand, Four Hundred Dollars
($398,400.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in
installment payments made on a monthly basis and in an amount identified in
Consultants Schedule of Compensation attached hereto for the work tasks performed
and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement.
Project Manager
Professional Civil Engineer
Design Engineer
CAD Draftsman
Project Technician
Secretarial Support
$145.00 per hour
$145.00 per hour
$110.00 per hour
$85.00 per hour
$85.00 per hour
$65.00 per hour
Any reimbursable expenses shall be provided at cost, without mark-up or additional
overhead.
Exhibit C
Schedule of Performance
Consultant shall complete all project management services as specified in Exhibit A
("Scope of Services") within the timeframe specified by this Contract, unless
extended by amendment or otherwise directed by the City.
Exhibit D
Special Requirements
Projects covered by this Agreement may be partially funded by various Program funds
administered through the California Department of Transportation (Caltrans). As such,
the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, and Caltrans Local Procedures Manual Processing Procedures for
Implementing Federal and/or State Funded Local Public Transportation Projects.
Debarment And Susaension Certification.
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Consultant's signature affixed to this Agreement shall constitute a certification,
under penalty of perjury, that, except as noted below, he/she or any other person
associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible
by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following
space.
None.
Exceptions will not necessarily result in denial of award, but will be considered in
determining bidder responsibility. For any exception noted above, indicate below to
whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions. The above certification is part of the Agreement. Signing this
Agreement on the signature portion thereof shall also constitute signature of this
Certification.
Rebates, Kickbacks Or Other Unlawful Consideration. The CONSULTANT
warrants that this contract was not obtained or secured through rebates
kickbacks or other unlawful consideration, either promised or paid to any LOCAL
AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY
shall have the right in its discretion; to terminate the contract without liability; to
pay only for the value of the work actually performed; or to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or
other unlawful consideration.
2. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying.
A. The CONSULTANT certifies to the best of his or her knowledge and belief that:
1) No state, federal or local agency appropriated funds have been paid, or
will be paid by -or -on behalf of the CONSULTANT to any person for
influencing or attempting to influence an officer or employee of any state
or federal agency; a Member of the State Legislature or United States
Congress; an officer or employee of the Legislature or Congress; or any
employee of a Member of the Legislature or Congress, in connection with
the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of
any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any state or federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than federal appropriated funds have been paid, or will
be paid to any person for influencing or attempting to influence an officer
or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative
agreement; the CONSULTANT shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
B. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, US. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower -tier
subcontracts, which exceed $100,000, and that all such sub recipients shall
certify and disclose accordingly.
3. Certifications.
Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification of
Local Agency, are attached and a part of this Agreement.
4. Cost Principles.
A. NAI agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to
determine the allowability of cost individual items.
B. The NAI also agrees to comply with federal procedures in accordance with 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
C. Any costs for which payment has been made to DESIGN PROFESSIONAL that
are determined by subsequent audit to be unallowable under 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by NAI to the City.
5. Retention of Records/Audit.
For the purpose of determining compliance with Public Contract Code 10115, et
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et
seq., when applicable and other matters connected with the performance of the
contract pursuant to Government Code 8546.7; the CONSULTANT,
subcontractors, and the City shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All
parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The state, the State Auditor, City, FHWA, or
any duly authorized representative of the federal government shall have access
to any books, records, and documents of the CONSULTANT that are pertinent to
the contract for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall
contain this provision.
Community Development Block Grant (CDBG) Project Regulations
CDBG funded work under this Professional Services Agreement is subject to all
applicable Federal, State, and local laws and regulations, including but not limited to the
regulations pertaining to the Community Development Block Grant program (24 CFR
and Part 570), Executive Order #11246,and other applicable requirements.
1. Access to Records and Records Retention:
The Consultant and any sub -consultants shall allow all duly authorized County, Federal,
or State officials or authorized representatives access to the work area, as well as all
books, documents, materials, papers, and records of the Consultant and any Sub-
consultants that are directly pertinent to a specific program for the purpose of making
audits, examinations, excerpts, and transcriptions.
The Consultant and any sub -consultants further agree to maintain and keep such
books, documents, materials, papers, and records, on a current basis, recording all
transactions pertaining to this agreement in a form in accordance with generally
acceptable accounting principles.
All such books and records shall be retained for such periods of time as required by law,
provided, however, notwithstanding any shorter periods of retention, all books, records,
and supporting detail shall be retained for a period of at least four (4) years after the
expiration of the term of this Agreement.
2. Federal Employee Benefit Clause:
No member of or delegate to the congress of the United States, and no Resident
Commissioner shall be admitted to any share or part of this agreement or to any benefit
to arise from the same.
3. Equal Opportunity
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Consultant will ensure that all
qualified applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin. The Consultant will take affirmative action to
ensure that applicants are employed and the employees are treated during
employment, without regard to their race color, religion, sex, or national origin. Such
actions shall include, but are not limited to, the following: employment, up -grading,
demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in a conspicuous place, available to employees and applicants for
employment, notices to be provided by HUD setting forth the provisions of this non-
discriminating clause.
4. Section 3 of the Housing and Community Development Act of 1968
Economic Opportunities for Section 3 Residents and Section 3 Business Concerns
Sec. 135.38 Section 3 clause.
All Section 3 covered contracts shall include the following clause (referred to as
the Section 3 Clause):
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed
to low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative
of the contractor's commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the
Section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to
take appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the regulations of
24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
F. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the regulations of
24 .CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
H. With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum
extent feasible, but not in derogation of compliance with Section 7(b).
5. Certifications and Reporting
Contractor agrees to complete and submit the following reporting forms at the initiation
of project activities:
A. Exhibit B-5/13-6: BIDDER CERTIFICATION FOR AFFIRMATIVE ACTION
B. Exhibit B-8: QUESTIONNAIRE REGARDING BIDDER
C. Exhibit PA-5: SECTION 3 SUMMARY REPORT
ok TLD 6-3-14
NAICONS:91 - PSAYL
CERTIFICATE OF LIABILITY INSURANCE
"Ispos I
THIS CERTIFICATE IS ISSUED AS A MATTER. OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,- EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: If the eer06gte holder Is an ADDITIONAL INSURED, the polioy(les) must be endorsed. H SUBROGATION IS WAIVED, subject to
the temp and conditions of the policy, Certain policies may require an endoreamont A statement on this certificate does not confer rights to the
certificate holder In lieu of such endoreeme s .
PRODUCER License{ OF09643
Desert Empire Ins Services, Inc.
77664 Country Club Drive:
Su1te401
Palm Desert, CA 92211
NDANE:NT Penny J. Saylor, C.I.C.
PRONE PAx
(760) 360-4700 No: (760) 360.4799
AOORESg: enn .saylo desertempirelns,com
INSUREISAFFORDWGCOVERAGE
NAICS
W URA:Vall Fo 0 Insurance Company,
20608
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CURED
wNNjsIB:Amerlcan States Insurance Company-
19704
NAI Consulting, Inc.
I NNRENG: Preferred Em to ere insurance Co -
10900
INsuRER o: Hanover Insurance Company
22292
98955 Adelina Road -
Cathedral City, CA 92234
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: . RFVIRInN NUMBER!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
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OFSCRPTWN aF OPERATMNiS ILOCAt10N81VEfiICLES (ACORD 107, AOaUor,M RmpHu &ONuk,mxy M.tma.m a aMn Nuca k.pulr«n
10 Day Notice of Cancellation apples for Non -Payment of Premium.
Coverage subject to all policy terms, conditions and exclusions. '
Additional Insured: The City of Ls Quints, City employees, officers, City Engineer, Its consultants, elected officials, agents and sub-coluu0anls.
Project Fiscal Year 20MO15 Project Management and Contract Administrative Support Services
City of La Quints Public
78495 Calls Tampico
La Qulnte, CA 92263
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CORPORATION.
ACORD 2512014101) The ACORD name and [age are registered marks of ACORD
86-146968-A
(Ed 01106)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance proVided.underthe following:.
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the
4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is
does not apply to "bodily injury," "property
amended to include as an insured any person or
damage." "personal and advertising injury"
organization whom you are required to add, as an
arising out of an architect's, engineers. or
additional insured on this policy under a written
surveyor's rendering of or failure to render any
contract or written agreement; but the written
professional services including:
contract or written agreement must be:
a. The preparing, approving, or flailing to
1. Currently in effect or becoming effective during
prepare or approve maps, shop drawings,
the term of this policy; and
opinions, reports, surveys, field orders.
2. Executed prior to the "bodily injury," "property
change orders or drawings and
by any architect. engineer or
survey
damage,' or "personal and advertising injury"
r perf
surveyor performing services on a project of
a prof
B. The insurance provided to the additional insured is
which you serve as construction manager;
limited as follows::
or
1. That person or organization is an additional
b. inspection, supervision, quality control,
insured solely for liability due to your negligence
engineering or architectural services done
specifically resulting from "your work" for the
by you on a -project of which you serve as
additional insured which is the subject of the
construction manager,
written contract or written agreement: No
6. This insurance: does not apply to "bodily injury,"
coverage applies to liability resulting from the
"property damage,' or "personal and advertising
sole negligence of the additional insured.
injury" arising; out of:
2. The Limits of Insurance applicable to: the
a. The construction or demolition work while
additional insured are those specified in the
you are acting as a construction or
actingcontra
written contract or written agreement or in the
demolition This exclusion does
Declarations of this policy, whichever is less,
not apply to work done for or by you at your
These Limits of Insurance are inclusive of, and
not in addition to; the Limits of Insurance shown
premises.
in the Declarations. C.
BUSINESSOWNERS GENERAL LIABILITY
3. The coverage provided to the additional insured
CONDITIONS - Duties in The Event of
Occurrence, Offense, Claim or Suit (Section E.2.)
within this endorsement and section Wed
of the Businessowners Liability Coverage Formis
LIABILITY AND MEDICAL EXPENSE
"Insured
amended to add the following:
DEFINITIONS - Contract" (Section
F.9.) within the Businessowners Liability
An additional insured under this endorsement will as
Coverage Form, does not apply to "bodily injury"
soon as practicable:
or "property damage" arising out of the
"products -completed operations hazard" unless
1, Give 'written notice of an occurrence or an
required by the written contract or written
offense to us which may result in a claim or
agreement
^suit" under this insurance;
SB-146968-A Page 1 of 2
(Ed. 01/06)
SB-146968-A
(Ed. 01106)
2. Tender the defense and indemnity of any claim
or "suit" to us for a loss we cover under this
Coverage Part;
3. Tender the defense and indemnity of any claim
or "suit" to any other insurer which also has
insurance for a loss we cover under this
Coverage,Part; and,
4. Agree to make available any other insurance
which the additional insured has for a loss we
cover under this Coverage Part.
We have no duty to defend or indemnify an
additional insured under this "endorsement until we
receive written notice of a claim or "suit" from the
additional insured.
D. OTHER INSURANCE (Section H. 2. & 3.) of the
Businessowners Common Policy Conditions are
deleted and replaced with the following:
2. This 'insurance is excess over any other
insurance naming the additional insured as an
insured whether primary, excess, contingent or
on any other basis unless a written contract or
written agreement specifically requires that this
insurance be either primary or primary and
noncontributing to the additional insured's own
coverage. This insurance is excess over any
other insurance to which the additional insured
has been added as an additional insured by
endorsement.
3. When this insurance is excess, we will have no
duty 'under Coverages A or B to defend the
additional insured against any "suit" if any other
insurer has a duty to defend the additional
SB-146968-A
(Ed. 01106)
insured against that "suit" If no other insurer
defends, we will undertake to do so, but we will
be entitled to, the additional insured's rights
against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our, share of the
amount ofthe, loss, if any, that exceeds the sum
Of.,
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance: and
(b) The total of all deductible and self -insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any "other insurance that is not described in this
Excess Insurance provision and was not bouoht
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part-
E. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (Section K.2.) of the
Businessowners Common Policy Conditions is
deleted and replaced with the followings
2. We waive any right of recovery we may have
against any person or organization against whom
you have agreed to waive such right of recovery in a
written contract or agreement because of payments
we make for injury or damage arising out of your
ongoing -operations or ".your work" done under a
contract with that person or organization and
included within the "products -completed operations
hazard."
Page 2 of 2
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COMMERCIAL AUTO
CA 71 10 03 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation
if we cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO — PHYSICAL
DAMAGE COVERAGE
Under paragraph C. —
BILE EQUIPMENT AND
AUTOS of SECTION 1
following is added:
CERTAIN TRAILERS, MO -
TEMPORARY SUBSTITUTE
— COVERED AUTOS, the
If Physical Damage coverage is provided by this Cov-
erage Form, then you have coverage for:
Any "auto" you do not own while used with the per-
mission of its owner as a temporary substitute for a
covered "auto" you own that is out of service be-
cause of its breakdown, repair, servicing, loss" or
destruction.
BROAD FORM NAMED INSURED
SECTION 11 — LIABILITY COVERAGE - A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
500% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisk
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
BLANKET ADDITIONAL INSURED
SECTION II — LIABILITY COVERAGE — A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
e. Any person or organization for whom you are re-
quired by an "insured contract" to provide insur-
ance is an `insured", subject to the following
additional provisions:
(1) The "insured contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the `bodily injury" or 'property damage".
(2) This person or organization is an insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto"
is being driven by you or one of your em-
ployees.
(3) There is no coverage provided to this person
or organization for 'bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(4) Coverage for this person or organization
shall be limited to the extent of your negli-
gence or fault according to the applicable
principles of comparative negligence or fault.
(5) The defense of any claim or "suit" must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1997
CA 71 10 03 07. - Page 1 of 6 EP
"" REPRINTED FROM THE FORMS LIBRARY....
(6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE
lesser of:
(a) The coverage and/or limits of this policy;
or
(b) The coverage and/or limits required by
the "insured contract".
(7) A person's or organization's status as an
'insured" under this subparagraph d ends
when your operations for that insured" are
completed.
EMPLOYEE AS INSURED
Under Paragraph A. of Section II — LIABILITY COV-
ERAGE item f. is added as follows:
Your "employee" while using his owned "auto", or an
"auto" owned by a member of his or her household,
in your business or your personal affairs, provided you
do not own, hire or borrow that "auto". This coverage
is excess to any other collectible insurance coverage.
FELLOW EMPLOYEE COVERAGE
Exclusion 5. FELLOW EMPLOYEE of SECTION II —
LIABILITY COVERAGE — B. EXCLUSIONS is
amended by the addition of the following:
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you
own or hire, and provided that any coverage under
this provision only applies in excess over any other
collectible insurance.
BLANKET WAIVER OF SUBROGATION
We waive the right of recovery we may have for pay-
ments made for bodily injury" or 'property damage"
on behalf of the persons or organizations added as
'insureds" under Section II — LIABILITY COVERAGE
— A.I.D. BROAD FORM NAMED INSURED and
AA.e. BLANKET ADDITIONAL INSURED.
PHYSICAL DAMAGE — ADDITIONAL TRANS-
PORTATION EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION III
— PHYSICAL DAMAGE COVERAGE is amended as
follows:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred
by you because of the total theft of a covered "auto"
of the private passenger type.
A. SECTION III — PHYSICAL DAMAGE COVER-
AGE, A.4. COVERAGE EXTENSIONS, is
amended by adding the following:
c. Personal Effects Coverage
For any Owned "auto" that is involved in.a
covered 'loss", we will pay up to $500 for
'personal effects" that are lost or damaged
as a result of the covered 'loss", without
applying a deductible.
EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A. — COVERAGE of SECTION III
PHYSICAL DAMAGE COVERAGE is amended to
add: .
5. We will pay for the expense of returning a stolen
covered "auto" to you.
AIRBAG COVERAGE
Under paragraph B. — EXCLUSIONS of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
NEW VEHICLE REPLACEMENT COST
Under Paragraph C — LIMIT OF INSURANCE of
Section III — PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
2. An adjustment for depreciation and physical con-
dition will be made in determining actual cash
value in the event of a total loss. However, in the
event of a total loss to your "new vehicle" to
which this coverage applies, as shown in the
declarations, we will pay at your option:
a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
cluding any insurance or warranties pur-
chased;
b. The purchase price, as negotiated by us, of
a new vehicle of the same make, model and
equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
If the same model is not available pay the
purchase price of the most similar model
available;
Page 2 of 6
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c. The market value of your damaged vehicle,
not including any furnishings, parts or equip-
ment not installed by the manufacturer or
manufacturer's dealership.
This coverage applies only to a covered "auto"
of the private passenger, light truck or medium
truck type (20,000 Ibs or less gross vehicle
weight) and does not apply to initiation or set up
costs associated with loans or leases.
TWO OR MORE DEDUCTIBLES
Under SECTION III — PHYSICAL DAMAGE COV-
ERAGE, if two or more "company" policies or cover-
age forms apply to the same accident, the following
applies to paragraph D. Deductible:
a. If the applicable Business Auto deduct-
ible is the smaller (or smallest) deduct-
ible it will be waived; or
b. If the applicable Business Auto deduct-
ible is not the smaller (or smallest) de-
ductible it will be reduced by the amount
of the smaller (or smallest) deductible;
or
c. If the loss involves two or more Busi-
ness Auto coverage forms or policies
the smaller (or smallest) deductible will
be waived.
For the purpose of this endorsement
"company" means:
a. Safeco Insurance Company of America
b. American States Insurance Company
c. General Insurance Company of America
d. American Economy Insurance Company
e. First National Insurance Company of
America
f. American States Insurance Company of
Texas
g. American States Preferred Insurance
Company
h. Safeco Insurance Company of Illinois
LOAN/LEASE GAP COVERAGE
Under paragraph C — LIMIT OF INSURANCE of
SECTION III — PHYSICAL DAMAGE COVERAGE,
the following is added:
a. Actual cash value of the damaged or stolen
property as of the time of the `loss", less an
adjustment for depreciation and physical
condition; or
b. Balance due under the terms of the loan or
lease that the damaged covered "auto" is
subject to at the time of the 'loss", less any
one or all of the following adjustments:
(1) Overdue payment and financial
penalties associated with those
payments as of the date of the
"loss".
(2) Financial penalties imposed under a
lease due to high mileage, exces-
sive use or abnormal wear and tear.
(3) Costs for extended warranties, Cre-
dit Life Insurance, Health, Accident
or Disability Insurance purchased
with the loan or lease.
(4) Transfer or rollover balances from
previous loans or leases.
(5) Final payment due under a "Balloon
Loan".
(6) The dollar amount of any
un-repaired damage that occurred
prior to the "total loss" of a covered
"auto".
(7) Security deposits not refunded by a
lessor.
(8) All refunds payable or paid to you
as a result of the early termination
of a lease agreement or any war-
ranty or extended service agree-
ment on a covered "auto".
(9) Any amount representing taxes.
(10) Loan or lease termination fees
GLASS REPAIR — WAIVER OF DEDUCTIBLE
Under paragraph D. — DEDUCTIBLE of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCI-
DENT, CLAIM, SUIT OR LOSS
4. The most we will pay for a total "loss" in any one The requirement in LOSS CONDITION 2.a. —
"accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
to a $1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS
AUTO CONDITIONS that you must notify us of an
CA 71 10 03 07 Page 3 of 6 EP
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"accident" applies only when the "accident" is known deductible and excess provisions, we will provide
to: coverage equal to the broadest coverage applicable
(1) You, if you are an individual; to any covered "auto" you own.
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you
are a corporation.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV BUSINESS AUTO CONDITIONS —
B.2. is amended by the addition of the following:
If you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
our right to collect additional premium or exercise our
right of cancellation or non -renewal.
HIRED AUTO — LIMITED WORLD WIDE COVER-
AGE
Under Section IV — Business Conditions, Paragraph
B.7.b.e(1) is replaced by the following:
(1) The "accident" or "loss" results
from the use of an "auto" hired for
30 days or less.
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V — DEFINITIONS — C. is replaced by the
following:
'bodily injury" means bodily injury, sickness or dis-
ease sustained by a person including mental anguish
or death resulting from any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability cov-
erage and if Comprehensive, Specified Causes of
Loss or Collision coverages are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provided are extended
to "autos" you hire or borrow.
The most we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is smallest, minus a deductible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Auto Phy-
sical Damage coverage is excess over any other col-
lectible insurance. Subject to the above limit,
HIRED AUTO PHYSICAL DAMAGE COVERAGE —
LOSS OF USE
SECTION III — PHYSICAL DAMAGE AA.b. Form
does not apply.
Subject to a maximum of $1,000 per accident, we will
cover loss of use of a hired "auto" if it results from
an accident, you are legally liable and the lessor in-
curs an actual financial loss.
RENTAL REIMBURSEMENT COVERAGE
A. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" be-
cause of a covered loss" to a covered "auto".
Payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
covered "auto". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days:
1. The number of days reasonably required to
repair or replace the covered "auto". If
loss" is caused by theft, this number of
days is added to the number of days it takes
to locate the covered "auto" and return it to
you.
2. 30 days.
C. Our payment is limited to the lesser of the fol-
lowing amounts:
1. Necessary and actual expenses incurred.
2. $50 per day.
D. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.
E. If 'loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not al-
ready provided for under the PHYSICAL DAM-
AGE COVERAGE Coverage Extension.
F. The Rental Reimbursement Coverage described
above does not apply to a covered "auto" that is
described or designated as a covered "auto" on
Page 4 of 6
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Rental Reimbursement Coverage Form
CA 99 23.
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE
A. Coverage
We will pay with respect to a covered "auto"
for `'loss" to any electronic equipment that
receives or transmits audio, visual or data
signals and that is not designed solely for the
reproduction of sound. This coverage applies
only if the equipment is permanently installed
in the covered "auto" at the time of the
'loss" or the equipment is removable from a
housing unit which is permanently installed
in the covered "auto" at the time of the
'loss", and such equipment is designed to
be solely operated by use of the power from
the "auto's" electrical system, in or upon the
covered "auto".
2. We will pay with respect to a covered "auto"
for "loss" to any accessories used with the
electronic equipment described in paragraph
A.1. above.
However, this does not include tapes,
records or discs.
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94
is attached to this policy, then the Audio, Vi-
sual and Data Electronic Equipment Cover-
age described above does not apply.
B. Exclusions
The exclusions that apply to PHYSICAL DAM-
AGE COVERAGE, except for the exclusion relat-
ing to Audio, Visual and Data Electronic
Equipment, also apply to this coverage. In addi-
tion, the following exclusions apply:
We will not pay for either any electronic equip-
ment or accessories used with such electronic
equipment that is: .
1. Necessary for the normal operation of the
covered "auto" for the monitoring of the
covered "auto's" operating system; or
2. Both:
a. an integral part of the same unit housing
any sound reproducing equipment de-
signed solely for the reproduction of
sound if the sound reproducing
equipment is permanently installed in
the covered "auto"; and
b. permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of a
radio.
C. Limit of Insurance
With respect to this coverage, the LIMIT OF IN-
SURANCE provision of PHYSICAL DAMAGE
COVERAGE is replaced by the following:
1. The most we will pay for "loss" to audio, vi-
sual or data electronic equipment and any
accessories used with this equipment as a
result of any one "accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss": or
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
c. $1,000.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of the 'loss".
3. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of the betterment.
D. Deductible
1. If 'loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a'loss" to the
covered "auto" under the Business Auto
Coverage Form's Comprehensive or Colli-
sion Coverage, then for each covered "auto"
our obligation to pay for, repair, return or re-
place damaged or stolen property will be re-
duced by the applicable deductible shown in
the Declarations. Any Comprehensive Cov-
erage deductible shown in the Declarations
does not apply to "loss" to audio, visual or
data electronic equipment caused by fire or
lightning.
2. If `loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a'loss" to the
covered "auto" under the Business Auto
Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced
by a $100 deductible.
3. If "loss" occurs solely to the audio, visual or
data electronic equipment or accessories
used with this equipment, then for each cov-
ered "auto" our obligation to pay for, repair,
CA 71 10 03 07 Page 5 of 6 EP
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return or replace damaged or stolen property
will be reduced by a $100 deductible.
4. In the event that there is more than one ap-
plicable deductible, only the highest deduct-
ible will apply. In no event will more than one
deductible apply.
SECTION V — DEFINITIONS is amended by adding
the following:
Q. "Personal effects" means your tangible
property that is worn or carried by you, ex-
cept for tools, jewelry, money, or securities.
R. 'New vehicle" means any "auto" of which
you are the original owner and the "auto"
has not been previously titled and is less
than 365 days past the purchase date.
Page 6 of 6
PROFESSIONAL SERVICES AGREEMENT
PROJECT MANAGEMENT AND
1PP*TT-1WRVICES
CONSULTANT: NAI Consulting, Inc.
Attention: Nick Nickerson
President
68955 Adelina Road
Cathedral City, CA 92234
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO, I
inake the herein described changes or do the following described work not included in ti
original scope of work and fee schedule for this Agreenient. Unless otherwise stated all wo,
shall conforin to the ternis, general conditions, and special provisions of the Agreernent.
This contract amendment authorizes additional contract funding, in the amount of $77,100 for
NAi Consulting to continue to provide project management and contract administrative support
services through June 2015. NAI's additional work request, dated April 20, 2015, is allaclied and
made part of this contract amendment.
Previous Contract Amount $398,400.00
Add this Amendment $ 77,100.00
Revised Contract Total $475,500.00
Submitted
By: Digitally signed by Frank J. Spevacek Date* 6-4
Approved DN: serialNurnber=1 n615nh01 202cvmj,
�® c=US, st=California, I=La Quinta, o=Frank Date:
J. Spevacek, cn=Frank J. Spevacek
Date: 2015.05.12 17:38:49 -07'00'
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 equipnient, 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 asfidl payment the amount shown above.
Accepted By: U4a,� Title:
Consultant:
Date:
68-955 Adelina Road
Consulting Cathedral City, CA 92234
[760] 323-5344
April 20, 2015
Ed Wimmer, P.E., Principal Engineer
Engineering Services Division
City of La Quinta Public Works Department
78-495 Calle Tampico
La Quinta, CA 92253
MIM9, M rag. .. Mall
Subject: Additional Work Request No.-1
NAI Consulting, Inc. (NAI) respectfully requests the City approve an increase to our time
and materials budget, in the amount of $77,100, for Fiscal Year 2014/2015.
NAI's base contract was issued on June 1, 2014 in the amount of $398,400, The time
and materials budget was based on the following 12 month man power estimate:
When considering vacation and holiday timei each NAI staff member has 1,879 working
hours available each year. As illustrated, NAI committed the equivalent of 1 5 person
years to work on assigned work objectives beginning June 1, 2014. The approved
contract amount did not include budget for sub -consultant assistance. During the
course of the year, the City requested NAI obtain sub -consultant services valued at
$15,380. These services were necessary to complete the design of the Horseshoe
Drive Drainage Improvement and the Avenue 52 at Jefferson Street Roundabout
Improvement.
Considering NAI's contract was planned for a 12 month period, the monthly billing
average is $33,200 ($398,400/12). NAI is requesting an amendment increasing the
contract amount by $77,100 which would enable NAI to continue its services through
the end of June 2015.
NAI is currently working on the following assigned projects:
With the exception of the Monroe Street Pavement Rehabilitation Improvement, NAI's
contract time is accounted for within the project budgets previously approved by the City
Council.
Please do not hesitate to contact me at (760) 323-5344 if you have questions or -•
additional information to ii• • amendment request.
ME=
NICK NICKERSON
President
TO: rank J. Spevacek, City Manager
FROM: 6 moth y R. Jonasson, P.E., Public Works Director/City Engineer
IE: Amendment No. 1 to Professional Services Agreement with NAI
Consulting for Project Management and Contract Support Services
Attached for your signature is Amendment No. 1 (in electronic form) between NAI
Consulting and the City of La Quinta for the services referenced above.
Reviews and signatures are being conducted electronically via the TRAKiT system.
Please provide your electronic signature and advise the City Clerk once you have
done so. The City Clerk will continue with full execution and final distribution •
the amendment.
Requesting department shall check and attach the items below as appropriate;
X Contract payments will be charged to account number Various CIP Accounts
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or - reportable interests
X A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet
the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
Approved by the City Council on May 5, 2015 (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000 = 10% max, contracts over $100,000 = $25,000 max
The following required documents are attached to the agreement:
— Insurance certificates as required by the agreement (initialed by Risk Manager on
N/A Performance bonds as required by the agreement (originals)
X City of La Quinta Business License (copy or note number & expiration date here No. LIC-0005699, Exp. 413012016)