RFP Civic Center 2016-06 & SilverRock Park Venue 2016-08 Lake & Irrigation Conversiont(v Qab(r(v
- CALIFORNIA -�
REQUEST FOR
PROPOSALS
DESIGN AND CONSTRUCTION
MANAGEMENT SERVICES
FOR THE LAKE AND IRRIGATION
CONVERSION AT THE CIVIC CENTER AND
SILVERROCK PARK VENUE
CITY PROJECT NO. 2016-06 AND 2016-08
DUE BY:
MAY 10, 2023
BY 5 P.M.
REQUEST FOR PROPOSALS
The City of La Quinta (City) seeks proposals from qualified firms to provide Design and Construction
Management services for the Lake and Irrigation Conversion at the Civic Center and SilverRock
Park Venue, City Project No. 2016-06 and 2016-08.
Project/Services Title: Lake and Irrigation Conversion at the Civic Center and SilverRock
Park Venue
Issue Date: April 10, 2023
DUE DATE: May 10, 2023
Requesting Department: Public Works Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals must be submitted via email, hand delivery, or mail. All proposals must bear original or electronic
signatures.
Submit (1) paper original in a sealed envelope and email an electronic original, as a single document in a
.PDF format, to the following contact:
City of La Quinta
Attn: Julie Mignogna, Management Analyst
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 — 7041
Email: jmignogna LaQuintaCA.gov
Email Subject: RFP — Lake and Irrigation Conversion at the Civic Center and SilverRock Park
Venue
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or modifications will be
considered. Proposals received after the due date and time are considered non-responsive, and will be
returned unopened.
3. PRE -PROPOSAL CONFERENCE, QUESTIONS OR REQUESTS FOR CLARIFICATIONS
Pre -Proposal Conference via Zoom will be conducted on Wednesday, April 26, 2023, at 9:OOAM. Any
requests for clarification or other questions concerning this RFP must be submitted in writing by April 28,
2023; and sent via email to Julie Mignogna, Management Analyst, jmignogna(c�LaQuintaCA.gov.
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or any of its
attachments, he/she shall immediately notify the City of such error in writing and request modification or
clarification of the document. Modifications will be made by addenda. Clarifications will be provided in
writing to all parties who have submitted proposals or who have requested an RFP for purposes of preparing
a proposal, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFP
known to him/her, or an error that reasonably should have been known to him/her, he/she shall submit a
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proposal at his/her own risk, and if he/she is awarded an agreement, he/she shall not be entitled to additional
compensation or time by reason of the error or any corrections thereof.
5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request to Julie
Mignogna, Management Analyst, jmignogna LaQuintaCA.gov. Withdrawn proposals will be returned
unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal as noted
above and re -submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the submittal
deadline. Addenda will be numbered consecutively and noted following the RFP title. It is the proposer's
responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate
addenda will not relieve the proposer from the responsibility to meet all terms and conditions of the RFP and
any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion of collusion
among proposers, and may waive any immaterial deviation in a proposal. The City's waiver of an immaterial
defect shall in no way modify the RFP as published or excuse the proposer from full compliance with the
specifications if he/she is awarded the agreement. Proposals referring to terms and conditions other than the
City's terms and conditions as listed in the RFP, may be rejected as being non-responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the proposer to
perform the work, and the proposer shall furnish to the City all such information and data for this purpose as
requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or
investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the
obligations of the agreement and to complete the work specified.
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to cancel this
RFP at any time, should the project be cancelled, the City loses the required funding, or it is deemed in the
best interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an
award or to pay any cost incurred in the preparation or submission of a proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement process
through written correspondence and discussions during the period in which clarifying addenda may be
issued. The City wishes to foster cooperative relationships and to reach a fair agreement in a timely manner.
Formal proposals for major professional and technical services shall be governed by the City's Purchasing
Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City's Professional Service Agreement is enclosed as Attachment 1 for review prior to submitting a
proposal. An agreement will not be binding or valid with the City unless and until it is executed by authorized
representatives of the City and of the selected proposer. At the discretion of the City, any or all parts of the
successful proposal shall be made a binding part of the agreement.
11. PRICING ADJUSTMENTS
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The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall remain
firm for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment for additional
periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Proposals will be reviewed by the City's Consultant Selection Committee. Consultants will be selected for
possible contract negotiations based upon the materials submitted within the Work Proposal. A copy of the
Proposal Evaluation Form is provided in Attachment 6. The Committee may choose to interview two or more
closely -rated firms but will not expect or schedule time for elaborate presentations.
The City will open contract negotiations with the top ranked firm. The successful consultant will be expected
to enter into the City of La Quinta Professional Service Agreement. Should negotiations with the top-ranked
firm dissolve, the City of La Quinta will open the Cost Proposals and begin contract negotiations with the
second ranked firm, and so forth until an agreement is reached. The successful consultant will be expected
to enter into the attached Professional Service Agreement (Attachment 1). Any exceptions taken by the
Consultant on the standard contract attached must be submitted in writing as part of its proposal to be
considered.
13. RFP TIMELINE
RFP Issue Date:
April 10, 2023
Pre -Proposal Conference (via Zoom):
Aril 26, 2023 at 9:OOAM
Deadline for Proposers' Questions:
April 28, 2023
Proposals Submittal Deadline:
May 10, 2023
Complete Evaluations of Proposals:
May 11 — 19, 2023
Conduct Interview (If Necessary):
May 23 - 24, 2023
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
May 25 — 26, 2023
City Council Consideration and Approval:
June 6, 2023
Agreement Effective Date and
Project Start Date
June 12, 2023
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14
PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public
inspection, unless the proposal or specific parts can be shown to be exempt by the California Public
Records Act [California Government Code §6250 et seq.]. Each proposer may clearly label part of a
proposal as "Confidential" if the proposer thereby agrees to indemnify and defend the City for
honoring such a designation. The failure to so label any information that is released by the City will
constitute a complete waiver of all claims for damages caused by any release of the information. If a
request for public records for labeled information is received by the City, the City will notify the
proposer of the request and delay access to the material until seven working days after notification to
the proposer. Within that time delay, it will be the duty of the proposer to act in protection of its
labeled information. Failure to so act will constitute a complete waiver.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on May 4, 2023, and will be made available to the public upon request.
By submitting a proposal, the proposer acknowledges and accepts that the content of the proposal
and associated documents will become open to public inspection. The final, executed agreement will
be a public document. Proposals and other information will not be returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by the
City, presentation to the City, travel in conjunction with such presentations, or samples of items, shall be
entirely the responsibility of the proposer.
16. INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form included as
Attachment 2 stating that, if selected, the proposer will provide the minimum insurance coverage and
indemnification noted in Exhibits E and F, respectively, of the City's Professional Services Agreement.
17
NON -COLLUSION AFFIDAVIT
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Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000(per accident
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
NON -COLLUSION AFFIDAVIT
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Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3, executed by an
official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is involved in
the making of decisions which may have a foreseeable material effect on any City financial interest pursuant
to the City's Conflict of Interest Code and the California Political Reform Act of 1974.
19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, `local' shall be defined as an
individual, partnership, or corporation, which regularly maintains a place of business within a 40 -mile radius
of the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
■ Make the selection based on its sole discretion;
■ Issue subsequent RFP;
■ Postpone opening proposals or selection for any reason;
■ Remedy errors in the RFP or in the RFP process;
■ Modify the Scope of Services in the RFP;
■ Approve or disapprove the use of particular subcontractors;
■ Negotiate with any, all or none of the proposers;
■ Accept other than the lowest offer;
■ Waive informalities and irregularities in proposals;
■ Request additional information or clarification;
■ Request revisions during negotiations;
■ Invite any consultant of its choosing to assist with the evaluation of proposal responses or to
provide the City with a second opinion
■ Enter into an agreement with another proposer in the event the originally selected proposer
defaults or fails to execute an agreement with the City in a timely manner.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified professional firms to provide Design and
Construction Management services for the Lake and Irrigation Conversion at the Civic Center and SilverRock
Park Venue, City Project No. 2016-06 and 2016-08.
INTRODUCTION
This project encompasses two different project areas at different design stages.
The first is located at the Civic Center Campus located at Calle Tampico and Washington Street. The City
has contracted with a Design Firm to convert the lakes water from potable water to irrigation water
provided through Coachella Valley Water District maintained lines (Bureau of Reclamation (BOR) Lines).
CVWD has completed work to provide a point of connection and meter at the existing pumps. The City
seeks services from a qualified consultant to review the existing proposed plans, provide bid support,
construction inspection support, and construction management to complete the project. The contract with
the original designer is now complete and any changes to the plans will need to be made by the selected
firm. Plans are included in Attachment 5.
The second is located at the recently completed SilverRock Park Venue, located on the corner of Avenue
52 and SilverRock (Talus) Way. The project included furnishing and installing a pump and lines to the
adjacent lake to supply water for irrigation. The project also included installing a line within 10 feet of
newly constructed BOR lines. The Cite seeks services to design a vault and meter to connect the system
to the BOR lines, coordinate with CVWD for connection, review the existing pump system, design any
additional components to create a fully functioning system, and design any required modifications needed
to isolate the lake from the adjacent lake system. The adjacent lake system is currently all interconnected
and receive well water through one lake. This scope of work would also include bid support, construction
inspection support, and construction management support. Plans are included in Attachment 5.
II. SCOPE OF SERVICES
Services and products to be rendered in performing all work associated with project development may
include, but may not be limited to:
Design
o Review existing CAD and Plans provided by City and prepare base maps.
o Review existing system and components
o Coordinate design with the Coachella Valley Water District.
o Prepare project plans, specifications and engineer's estimates of probable construction
costs for the proposed improvements:
■ Improvement plans shall be prepared at 1"=20' scale. Details shall be at a scale
appropriate for the required work.
■ Project Specifications and Bid Documents will likely include a detailed project
description, preparation of bid schedule, bid item descriptions, payment
methods, special provisions, technical specifications, geotechnical report, and
any specification detail sheets specific to the project.
o Consultant coordination will include an appropriate number of meetings with City staff,
adjacent property owners and CVWD. The consultant may be required to attend a City
Council meeting. The design consultant will be expected to attend the pre-bid meeting
and will respond to contractor request for clarification or information during the bid
process.
o Consultant will assist the City during the bid and construction phases by responding to
Requests for Information (RFI) and provide clarification on its plans as necessary.
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Construction Management
o Obtain a field office or use rotating space at La Quinta City Hall for the duration of
construction.
o Perform a "third" party constructability review of the project plans and specifications
prior to the preconstruction conference and identify potential problems that may need
attention before construction starts.
o Schedule and attend a field walk with inspector(s), design engineer, and City
representatives.
o Schedule and chair a kick off meeting with the City to discuss the proposed work plan
and special concerns to be presented at the preconstruction meeting and be present at
the Pre -Construction meeting.
o Provide a preconstruction agenda using City format and provide to the City for
concurrence, schedule a preconstruction meeting and notify attendees. It is envisioned
that the preconstruction meeting will include all interested parties, including utilities,
sub -contractors, etc.
o Coordinate the activities of on-site inspectors and administrators such that appropriate
coverage of all contractor activities is provided.
o Prepare reports and documents, as necessary, for City review and action.
o Maintain on a current basis: a record copy of all contracts, drawings, specifications,
addenda, change orders, and other modifications, in good order and marked to record
all changes made during construction; shop drawings, product data; samples;
submittal; purchases; materials; equipment; applicable handbooks; maintenance and
operating manuals and instructions; other related documents and revisions which are
relevant to the contract work.
o Provide weekly status reports to the City as required.
o Prepare and send a Weekly Statement of Working Days, noting the controlling
operations, to the contractor.
o Prepare daily/weekly Resident Engineer reports listing the type of work done,
controlling operation, weather conditions, important discussions/agreements with the
Contractor, and any other important facts pertaining to the project that are not
specifically covered elsewhere in the contract records.
o Coordinate, monitor and document utility connections as necessary.
o Administer the construction contract in conformance with the requirements set forth in
the project plans and specifications including applicable requirements from Standard
Specifications for Public Works Construction and the City of La Quinta.
o Receive, log, and respond to contractor Request for Information (RFI).
o Conduct weekly construction progress meetings with the Contractor, Sub -contractors,
City Staff, Design Engineer, Sub -consultants, affected outside agencies, etc. to discuss
matters such as procedures, progress, problems, and scheduling. Prepare and
distribute meeting minutes.
o Review and approve Subcontracting Request forms.
o Coordinate and monitor all inspection activities.
o Submit Requests for Information as required on any items that should be coordinated
with the design engineer(s).
o Receive, process, review, and accept all shop drawings, project data, samples, and
other submittals including coordination with the design engineer for review as needed.
Establish and implement procedures for expediting the processing and approval of
submittal.
o Review and approve laboratory, shop, and mill test reports of materials and equipment.
o Coordinate with the City Engineer and other City Departments.
o Document all potential claims and maintain for account records. Provide all necessary
documentation and support to the City in settling claims.
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o Verify that the contractor's dust control and traffic control implementation is consistent
with the approved Plans. Take contractually -stipulated action in the event of deviations
from the approved Plan.
o Coordinate construction surveying as needed.
o Coordinate required materials testing.
o Review and analyze the Contractor's schedule (weekly), including activity sequences
and duration, schedule of submittal and schedule of delivery for products with long lead
times. Review the Contractor's weekly scheduled for compliance with project
specifications. Note any contractual non -compliances and request remedial action
plan from Contractor. Include contractor schedule as an agenda item at each weekly
meeting.
o Recommend necessary or desirable changes in the Construction Contractor's scope of
work to the City. Review and evaluate the contractor's request for changes. Negotiate
with the Contractor and submit recommendations to the City supported by field data
related to any additional work. If change orders are accepted by the City, prepare
change orders for signature and authorization by the city. Maintain a log of change
requests.
o Create and maintain "As -Built" project schedule with Microsoft Project or equivalent
program.
o Review pay requests and provide recommendation for contractor payments.
o Coordinate any training sessions required for City Staff.
o Construction Closeout
■ Administer and coordinate final inspections.
■ Coordinate the correction and the completion of the work.
■ Assist the City in determining when the project, or a designated portion thereof,
is substantially complete.
■ Prepare for the City, a summary of the status of the work of the Contractor,
listing changes in the previously issued certificates of substantial completion of
the work, and recommending the times within which the Contractor shall
complete uncompleted items on the certificate of substantial completion of the
work.
■ Calculate the amount of final payment due to the prime Contractor and prepare
the proposed final estimate.
■ Obtain evidence of certification of all lien releases after the City files their notice
of completion.
■ Secure from the contractor and transmit to the City, required guarantees.
■ Coordinate any startup requirements.
■ Deliver all equipment manuals, special equipment, spare parts, catalogs, and
other materials required by specifications.
■ Collect all "As -Built" data from all contractors and consultants.
■ Make recommendation for the release of retention.
o Provide construction management documents and records to the City within 60 days of
the filing of the notice of completion.
Inspection
o Review contract documents, plans, and permits.
o Attend field walks and kick off meetings.
o Attend the pre -construction meeting.
o Monitor and enforce construction noticing requirements, including but not limited to,
PM -10 requirements.
o Maintain field diary (bound workbook) during construction, including a cumulative
record of quantities constructed, daily and weekly reports, working day reports, change
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order documentation, photographs and other documentation. Maintain a separate field
diary for change order work.
o Monitor the Contractor's fugitive dust control plan and ensure that the Contractor uses
approved haul routes and that they are kept clean.
o Verify compliance with the construction contract by monitoring, evaluating, approving
or rejecting the Contractor's work in accordance with the approved construction
contract documents.
o Determine that the Contractor's work is being performed in accordance with the
requirements of the contract documents. Endeavor to guard the City against defect and
deficiencies in the work.
o As appropriate, require special inspection or testing, or make recommendations to the
City regarding special inspection or testing of work not in accordance with the
provisions of the contract documents, whether or not such work is fabricated, installed,
or completed.
o Provide and maintain a digital photographic history of the progress of the project.
Photos will also be taken of the following:
■ Showing existing conditions prior to construction.
■ Disputed work items.
■ Work that has to be duplicated, replaced, or removed.
■ Completed work.
■ Extra work.
o Record the progress of the project. Maintain a daily log containing a record of weather,
the Contractor and Sub -contractors' work on-site, the Contractor and Sub -contractors'
equipment on site, number of workers, work accomplished, problems encountered, and
other relevant data. Provide copies of daily logs to the City as requested. Include
information on the Contractor and the entire project, showing percentages of
completion.
o During the course of construction, maintain one set of plans, with markings and
dimensions in red ink, to denote field changes or other corrections.
o Inspect for ADA compliance.
o Maintain copies of all permits needed to construct the project and enforce special
requirements of each.
Quality Control
o The Consultant shall have a Quality Control Plan in effect to assist quality assurance
during the entire time work is in effect.
o The Consultant has responsibility for the accuracy and completeness of the
calculations, related documents, and all other work furnished and shall meet that
responsibility through the implementation of a Quality Control Plan. The Consultant's
Quality Control Plan shall remain in effect throughout the entire Contract and, at a
minimum, shall ensure that all work is completed in accordance with good engineering
practice and that it meets the standards set forth herein. Specifically:
■ The Quality Control Plan shall establish a process whereby all work is
independently checked, corrected and back -checked, in accordance with
accepted practice, by a person qualified and appropriately registered in the
State of California. All original drawings and calculations shall be maintained for
the duration of the Contract.
■ Coordination and checks shall be performed to ensure that conflicts and
misalignment do not occur between different design documents (i.e. plans
coordinated with specifications).
o Evidence the Quality Control Plan is functioning may be periodically confirmed by the
City.
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F
PROJECT DEVELOPMENT PROCESS
Pre -Design Meeting
The pre -design meeting is an initial meeting between the consultant and City staff to clarify
project design objectives.
Agency Approval
A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval.
At a minimum, the consultant should anticipate the following plan check submittals:
(1) 1st Review— 35% Concept Review (topo, utilities, POC)
(2) 2nd Review - 85-90% Check Plans & Specs
(3) 3rd Review- 100% Check Plans, Specs, & Engineer's Estimate
(4) 4th Review - Preliminary Final (screen check)
B. Staff approved PS&E will be submitted to the City Council for final approval.
C. All approved plans will be provided to the City electronically in AutoCAD 2018 or higher
format, as well as 24x36 PDF. Specification documents, including technical specifications,
will be provided digital in Microsoft Word for Windows format. The Engineer's estimate will
be provided in Excel for Windows format.
3. Bidding Phase
M
IV
The consultant will be expected to provide technical support during the bidding and award
process.
Construction Phase
The consultant will be expected to provide technical support during the construction phase as
discussed in the Scope of Services Section. This work objective will also include the review
and response to Requests for Information (RFI) and/or contractor questions.
PROPOSALFORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information requested herein.
Proposals should be straightforward, concise, and provide "layman" explanation of technical terms that are
used.
Present the proposals in a format and order that corresponds to the numbering and letterinq contained
herein, with minimal reference to supportinq documentation, so that proposals can be accurately compared.
1. Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and email address
of firm's contract person, location of firm's main office, location of the office that would service this
project, a validity statement that all information and pricing provided in the proposal is valid for at least
ninety (90) days, and a statement that any individual who will perform work for the City is free of any
conflict of interest.
Firms Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Taxpayer identification number
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(c) Number of years planning, construction, and design services
(d) Resumes of the Project Manager and key personnel who will be responsible for performance if
any agreement results from this RFP
(e) Firm ownership and if incorporated, list the state in which the firm is incorporated and the date
of incorporation
(f) If the firm is a subsidiary of a parent company, identify the parent company
(g) Statement of Qualifications — A listing of proposed personnel, including personal experiences
and individual resumes for prime and sub -consultants. Consultant's and sub -consultant
experience with similar work, including names and current phone numbers of reference for listed
projects.
(h) Project Understanding and Approach — A description of the firm's project understanding and
how the consultant team will approach the project.
(i) Scope of Work — A description of the tasks, sub -tasks, and deliverables that will be provided.
The Scope of Work should be presented in a logical format that can be easily attached to the
Professional Services Agreement.
(j) Project Schedule — A comprehensive Gantt Chart schedule is to be submitted describing the
nature and scheduling of proposed tasks and reflecting May 20, 2023 as the start date.
2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Complete Pricing List (or Fee Schedule)
Proposal shall include a detailed fee schedule for the services requested by this RFP. Man-hours and
extended billing rates per classification of personnel will be indicated for each task and/or sub -task
defined.
4. List of Complementary Services Offered by Proposer along with Corresponding Prices
5. Staffing and Project Organization
6. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer can
demonstrate to the City's satisfaction that is in the best interest of the project to permit a portion of the
service(s) to be subcontracted by the proposer, it may be considered. Provide details on the role of any
subcontractor that will be used. Assignment is prohibited.
7. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or
investigation pending, which involved the proposer or in which the proposer has been judged guilty or
liable within the last five (5) years. If there is no information to disclose, proposer must affirmatively
state there is no negative history.
8. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the minimum
insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City's
Professional Service Agreement included as Attachment 1.
9. Non -Collusion Affidavit (Attachment 3)
Proposals must include an executed Non -Collusion Affidavit, executed by an official authorized to bind
the firm.
10. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda.
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CALIFORNIA -
ATTACHMENTS
Professional Services Agreement
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
4. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
5. Project Plans (Link)
6. Proposal Evaluation Form
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CALIFORNIA -
Agreement for Contract Services
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CALIFORNIA -
ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
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 Name[insert the type of business entity, e.g. sole proprietorship, CA
Limited Liability Corp, an S Corp.] ("Contracting Party"). The parties l�to agree as
follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all
Agreement, Contracting Party shall provide Design a
services for the Lake and Irrigation Conversion at the
Venue, City Project No. 2016-06 and 2016-08, as i
attached hereto as "Exhibit A" and incorporated h y
Contracting Party represents and warrants tha tracti
class work and/or services and Contracting P e
Services contemplated herein and, in light of such
Party covenants that it shall follow industry standards i
hereunder, and that all materials, i will be of go
intended. For purposes of this Ag re hrase "i
those standards of practice recognize one rs
services under similar circumstances.
1.2 Comr
in accordance with
the City and any F�
1.3 V
Federal, State,
te�and 'ons of this
Construction agement
enter and Silv Park
ed in the "Scope of es"
this re rence (the "Se s").
ng is a provider of first -
x ced in performing the
d experience, Contracting
rming the Services required
ality, fit for the purpose
n standards" shall mean
t-cla ms performing similar
19 rendered hereunder shall be provided
statutes, rules, regulations, and laws of
nental agency of competent jurisdiction.
ng Party shall comply with applicable
cense mits Fees and Assessments. Except as otherwise specified
her Part obtain at its sole cost and expense such licenses, permits,
a provals be r d by law for the performance of the Services required by
Agreement, in g a La Quinta business license. Contracting Party and its
loyees, agents, subcontractors shall, at their sole cost and expense, keep in
at all times dura the term of this Agreement any licenses, permits, and approvals
tha egally requi for the performance of the Services required by this Agreement.
Cont Party have the sole obligation to pay for any fees, assessments, and
taxes, p p ' e penalties and interest, which may be imposed by law and arise
from or ar sary for the performance of the Services required by this Agreement,
and shall in nify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under Agreement.
Should Contracting Party discover any latent or unknown conditions rially differing
from those inherent in the Services or as represented by City, C ting Party shall
immediately inform City of such fact and shall not proceed exce tracting Party's
risk until written instructions are received from the Contr ffi r assigned
designee (as defined in Section 4.2 hereof). _
1.6 Standard of Care. Contracting Party ac edges and unde?9W that
the Services contracted for under this Agreement r specialized skills an ies
and that, consistent with this understanding, Co ng Party' ork will be hel an
industry standard of quality and workmanship. stent wi ction 1.5 hereinabove,
Contracting Party represents to City that it holds th ss ills and abilities to satisfy
the industry standard of quality as set forth in this nt. Contracting Party shall
adopt reasonable methods duringt e life of this A ent to furnish continuous
protection to the Services performed acting Party, a equipment, materials,
papers, and other components the t losses mages, and shall be
responsible for all such damages, to p ns or ntil a ptance of the Services
by City, except such losses or damag s m y City's own negligence.
The performance of Services by Contract hall no ieve Contracting Party from
any obligation to corre mplete, rate, or defective work at no further cost
to City, when such i raci due to negligence of Contracting Party.
1ZalA Servs In accord with the terms and conditions of this
Agreement, Co ing Pa ices in addition to those specified in the
Scope of Service d' ' e y when directed to do so by the Contract
Officer, or assigne ee, provided that Contracting Party shall not be required to
perfo itiona ices without compensation. Contracting Party shall not
pe any al S s until receiving prior written authorization (in the form of
ten change if Co ing Party is a contractor performing the Services) from
Contract Office assig ed designee, incorporating therein any adjustment in
e Contract Su nd/or (ii) the time to perform this Agreement, which said
a ents are sub to the written approval of Contracting Party. It is expressly
and d by Con ing Party that the provisions of this Section shall not apply to the
Servic cifi set forth in the Scope of Services or reasonably contemplated
therein. scally understood and agreed that oral requests and/or approvals of
Additional es shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
-2-
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
1.8 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"), which is incorporated herein by this reference and expre made a part
hereof. In the event of a conflict between the provisions of the Special irements and
any other provisions of this Agreement, the provisions of the Speci uirements shall
govern.
2
COMPENSATION.
2.1
Contracting Party shall be compensated in accorda
Compensation") in a total amount not to exa
($ ), encompassing the
except as provided in Section 1.7.
of Compensation may include a
accordance with the percentage
materials based upon Contracting
Sum, or such other reasonable
Compensation. Th(
all project meetings
The method oflWei
lump sum pay
)f completion of t1
he
t� a schedule,
m av be
Contract Sum s11
reasonably deem
be entitled to any additional compensa
may include reimburse
transportation expen
specified in the Sc
set forth in the S I
not exceed the a
2.2 Metho
to rec en
(10
i e for Servi
h staff member
staff member.
cting Party s
acc ce with the
Office ,V
pay Con
this Agre
Finance
"Exhibit B" (the
ment,
6e of
awnars
Fse
the "Contract Sum"),
t forth in the Schedule
completion, payment in
payment for time and
t exceeding the Contract
kd in the Schedule of
endanc�f Contracting Party at
Fary
0ntracting Party shall not
expenditures
ng meetings. Compensation
for reproduction costs,
d similar costs and expenses when and if
gardless of the method of compensation
cting Party's overall compensation shall
d in Section 1.7 of this Agreement.
& Pa ment.Any month in which Contracting Party wishes
t, acting Party shall submit to City no later than the tenth
)f su nth, in the form approved by City's Finance Director, an
nder r to the date of the invoice. Such invoice shall specify
hasp ed Services and the number of hours assigned to each
h invoice shall contain a certification by a principal member of
p ying that the payment requested is for Services performed in
s of this Agreement. Upon approval in writing by the Contract
esignee, and subject to retention pursuant to Section 8.3, City will
y for all items stated thereon which are approved by City pursuant to
later than thirty (30) days after invoices are received by the City's
t.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
-3-
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Servi unless prior
written approval for the Additional Services is obtained from the C ct Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3
PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essen
Agreement. If the Services not completed in ac
Performance, as set forth in Section 3.2 and "Exhibi
suffer damage.
3.2 Schedule of Performance. AllN
Agreement shall be performed diligently and within
C" (the "Schedule of Performance"). Extensions
Schedule of Performance may be*%�L
writin
assigned designee.
Rn the perror
nce with therl
is understood that t
of this
iL
of
ill
R(ered pursuant to this
,iod established in "Exhibit
e period specified in the
,the Contract Officer, or
3.3 Force Majeure. The time iod sp Schedule of Performance
for performance of the Services render e rs tot eement shall be extended
because of any delays foresee ses beyond the control and without the
fault or negligence of arty, in ing, but not restricted to, acts of God or of
the public enemy, earth kes, floo epidemic, quarantine restrictions, riots,
strikes, freight rgoes, a of any g mental agency other than City, and
unusually sev eather, y shall within ten (10) days of the
commencement h tract Officer, or assigned designee, in
writing of the caus delay. The Contract Officer, or assigned designee, shall
asce
Secy
9
b
I
Co
cts a extent of delay, and extend the time for performing the
od
elay is jus
U- rced delay when and if in the Contract Officer's judgment
e final and lusive n the parties to this Agreement. Extensions to time
in the Sched f Performance which are determined by the Contract Officer, or
ed designee
g Party to itional compensation in excess of the Contract Sum.
3. T Unless earlier terminated in accordance with the provisions in
Article 8.0 Agreement, the term of this agreement shall commence on June 12,
20231 and ter inate on XXX ("Initial Term"). This Agreement may be extended for two
(2) additional one (1) year term upon mutual agreement by both parties ("Extended
Term"), and executed in writing.
and ntract Officer's determination, or assigned designee,
be justified pursuant to this Section shall not entitle the
.me
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith: AL
(a) Name
Tel No.
E-mail:
(b) Name
Tel Nn_
It is expressly understood that the
reputation of the foregoing Principals were a su
this Agreement. Therefore, the foregoing Princ
of this Agreement for directing all activities of
time to personally supervise the Services here
the foregoing Principals may not be ch ed by
may be assigned to perform the Se
approval of City.
4.2 Contract Officer
Facilities Management
by the City Manager olllq
that the Contract
performance of t
be made by
specified herein,
Contract Officer,
documents o
knowledge, capabili nd
ace t for City to ente into
onsible during the term
y and devoting sufficient
urposes of this Agreement,
rty and no other personnel
ILbout the express written
ac c II be Alfred Berumen,
esignee ay be designated in writing
ntracting Party's responsibility to assure
e, is kept informed of the progress of the
arty shall refer any decisions, that must
signed designee. Unless otherwise
ereunder shall mean the approval of the
e Contract Officer, or assigned designee,
n behalf of City required hereunder to carry
4.3 Pro n A Subcontractingor Assignment. The experience,
owledge, capabi and r utation of Contracting Party, its principals, and its
yees were a s antial inducement for City to enter into this Agreement. Except
as Orth in this ement, Contracting Party shall not contract or subcontract with
any ntity to rm in whole or in part the Services required hereunder without the
expres en vaI of City. In addition, neither this Agreement nor any interest
herein m ransferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily o operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
-5-
transfer shall release Contracting Party of any liability hereunder without the express
consent 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 Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise forth herein.
City shall have no voice in the selection, discharge, supervision, or co f Contracting
Party's employees, servants, representatives, or agents, or in fixing umber or hours
of service. Contracting Party shall perform all Services required h an independent
contractor of City and shall remain at all times as to City a who a nt contractor
with only such obligations as are consistent with that role. C actinghall not at
any time or in any manner represent that it or any of its s or employe agents
or employees of City. City shall not in any way or for a rpose become or emed
to be a partner of Contracting Party in its business herwise or a joint ven r a
member of any joint enterprise with Contracting Contra Party shall ha no
power to incur any debt, obligation, or liability o alf of C' ontracting Party shall
not at any time or in any manner represent that it gents or employees are
agents or employees of City. Except for the Contra aid to Contracting Party as
provided in this Agreement, City shall not pay salaries, or other compensation to
Contracting Party for performing the hereunder City shall not be liable
for compensation or indemnification t arty for i r sickness arising out
of performing the Services hereunder. twit ny o City, state, or federal
policy, rule, regulation, law, or ordinanc the c cting Party and any of its
employees, agents, and subcontractors 'd' rvices der this Agreement shall not
qualify for or become e ' y comp n, benefit, or any incident of employment
by City, including bu imi eligibilit enroll in the California Public Employees
Retirement Syste RS") a employ City and entitlement to any contribution
to be paid by or employ ontribution d/or employee contributions for PERS
benefits. Con
Contracting Party
any and all taxes, aE
of th ' t c
sh y com
racting Party
harmless from
ensation laws.
d ontracting P
Part resultof
or inde atio
Pa II required taxes on amounts paid to
g eemeTrenow to indemnify and hold City harmless from
ents, penalties, and interest asserted against City by reason
I relationship created by this Agreement. Contracting Party
the ers' compensation laws regarding Contracting Party and
�ploye ontracting Party further agrees to indemnify and hold
failure f Contracting Party to comply with applicable workers'
shall have the right to offset against the amount of any payment
under this Agreement any amount due to City from Contracting
tracting Party's failure to promptly pay to City any reimbursement
ng under this Section.
4.5 IlWitity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services and
throughout the duration of the term of this Agreement, Contract'
and maintain, at its sole cost and expense, and submit concur
this Agreement, policies of insurance as set forth in " i
Requirements") which is incorporated herein by this ref and
and
hereof. �
5.2 Proof of Insurance. Contracting PaUna
to Agency along with all required endors
endorsements must be approved by Agency's Ri
performance.
6. INDEMNIFICATION.
ireement and
y shall procure
execution of
t E" "Insurance
express e a part
:ertificate of Ins ce
� of Insurance and
to commencement of
6.1 Indemnification. To the es rmitted w, Contracting Party
shall indemnify, protect, defend (with sel se ty), and hold harmless City
and any and all of its officers, employee ge nd ers as set forth in "Exhibit
F" ("Indemnification") wh' corporat by this reference and expressly made
a part hereof.
7. RECORD
7.1 R Co Tf periodically prepare and submit to the
Contract Officer, design ch reports concerning Contracting Party's
perform f the es required by this Agreement as the Contract Officer, or
assi e, s quire. Contracting Party hereby acknowledges that City is
gr concer out ost of the Services to be performed pursuant to this
ement. For t ason, racting Party agrees that if Contracting Party becomes
are of any facts, umsta ces, techniques, or events that may or will materially
se or decrease cost of the Services contemplated herein or, if Contracting Party
is ing design ices, the cost of the project being designed, Contracting Party
shall ptly n the Contract Officer, or assigned designee, of said fact,
circums t ue, or event and the estimated increased or decreased cost related
thereto an racting Party is providing design services, the estimated increased or
decreased c estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
-7-
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Records.
Such Books and Records shall be maintained for a period of thrs following
completion of the Services hereunder, and City shall have accesBooks and
Records in the event any audit is required. In the event o.4rd
Contracting
Party's business, custody of the Books and Records may band access
shall be provided by Contracting Party's successor in it. California
Government Code Section 8546.7, if the amoun/aymqesn(It'
unds expen der this
Agreement exceeds Ten Thousand Dollars ($10,0greement shal bject
to the examination and audit of the State Auditor,st of City or as pa ny
audit of City, for a period of three (3) years after f' yl&r this Agreeme
7.3 Ownership of Documents. All
dra s cations, maps, designs,
photographs, studies, surveys, data, notes, compute ports, records, documents,
and other materials plans, drawings estimates, tes survey results, models,
renderings, and other documents or
authorship i any tangible medium of
expression, including but not limite
rawings, I renderings, or data
stored digitally, magnetically, or in any er m ared aused to be prepared
by Contracting Party, its employees, s ntra
is in the performance of
this Agreement (the "Documents and Ma I
' all bet roperty of City and shall be
delivered to City upon the Co
fficer, or assigned designee, or upon
the expiration or ter n o Agreem
and Contracting Party shall have no claim
for further employ or addit I compe
on as a result of the exercise by City of
its full rights of ership us use, or as
ment of the Documents and Materials
hereunder. An reuse
ch completed Documents and Materials
for other proiect / e o
eted documents without specific written
autho
Conti:
s
res
aterials
concepts
LDocuments <
ecure such
ILerefrom.
g Party will be at City's sole risk and without liability to
acting Party's guarantee and warranties shall not extend to
. Contracting Party may retain copies of such Documents
I us ntracting Party shall have an unrestricted right to use
therein. All subcontractors shall provide for assignment to City
Vlaterials prepared by them, and in the event Contracting Party
gnment, Contracting Party shall indemnify City for all damages
7.F event City or any person, firm, or corporation authorized by City
reuses sai uments and Materials without written verification or adaptation by
Contracting Party 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 Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreem Contracting
Party represents and warrants that Contracting Party has the legal r' o license any
and all of the Documents and Materials. Contracting Party makes n representation
and warranty in regard to the Documents and Materials which w ared by design
professionals other than Contracting Party or provided to Con g by City. City
shall not be limited in any way in its use of the Documents Mated any time,
provided that any such use not within the purposes inte by this Agree shall be
at City's sole risk.
7.6 Release of Documents. The D
released publicly without the prior written appr
designee, or as required by law. Contracting Pa
or person any information regarding the activities of
authorized by City.
fiaterials shall nW be
Officer, or assigned
close to any other entity
as required by law or as
7.7 Confidential or Perso Inform Contracting Party
covenants that all City data, datalists, a se ment h personal identifying
information, documents that are not pu ecord ents, discussion notes, or
other information, if any, developed or ei y Con ting Party or provided for
performance of this A re dee fidential and shall not be disclosed by
Contracting Party to er r entity out prior written authorization by City or
unless required b City s grant a ization for disclosure if required by any
lawful administr or legal p eding, cou der, or similar directive with the force of
law. All City data ' e documents with personal identifying
information, docu t no rds, draft documents, discussions, or other
information shall be to City upon the termination or expiration of this Agreement.
Contr s co under this section shall survive the termination or expiration
of gree
8.1 Californ Law. This Agreement shall be interpreted, construed, and
go both as to ity and to performance of the parties in accordance with the laws
of the of C ia. Legal actions concerning any dispute, claim, or matter arising
out of or this Agreement shall be instituted in the Superior Court of the County
of Riversi e of California, or any other appropriate court in such county, and
Contracting rty 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
WE
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, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a conditio recedent to
termination of this Agreement for cause and to any legal action, an compliance
shall not be a waiver of any party's right to take legal action in the that the dispute
is not cured, provided that nothing herein shall limit City's terminate this
Agreement without cause pursuant to this Article 8.0. action
e of time that
Contracting Party is in default, City shall hold all invoices an all, wh default is
cured, proceed with payment on the invoices. In the ative, City m its sole
discretion, elect to pay some or all of the outstanding in s during any perio fault.
8.3 Retention of Funds. City mayAby
d from monies payaM to
Contracting Party sufficient funds to compensaor an es, costs, liabilities, or
damages it reasonably believes were suffered u e default of Contracting
Party in the performance of the Services requirern
8.4 Waiver. No delay oro
non -defaulting party on any default s
a waiver. City's consent or approva
consent or approval shall not be deem
to or approval of any subseuent act of
any default must be in d shall
the same or any oth I this
n the exerc?gWany right or remedy of a
JhfiLh right o dy or be construed as
VanyntractlWParty requiring City's
necessary City's consent
arty. ny waiver by either party of
ver of any other default concerning
8.5Ri and RemMs are Cu ive. Except with respect to rights and
remedies expr declare e i1rhis Agreement, the rights and remedies
of the parties are ati y either party of one or more of such rights
or remedies shall n de the exercise by it, at the same or different times, of any
other ' edie he same default or any other default by the other party.
8.6 Le tion. dition to any other rights or remedies, either party may
e legal action, a or at ity, to cure, correct, or remedy any default, to recover
ages for any de t, to compel specific performance of this Agreement, to obtain
tory or injuncti relief, or to obtain any other remedy consistent with the purposes
of t reement.
8. ation Prior To Expiration of Term. This Section shall govern any
termination Agreement, except as specifically provided in the following Section for
termination fo cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
-10-
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement,
shall vacate any City -owned property which Contracting Party is p
hereunder and City may, after compliance with the provisions of S
the Services and prosecute the same to completion by cont
Contracting Party shall be liable to the extent that the total o
Services required hereunder exceeds the compensation her tipula
City shall use reasonable efforts to mitigate such dama and City
racting Party
Fd to occupy
1 8.2, take over
otherwise, and
Lion of the
vided that
ma
payments to Contracting Party for the purpose of setoff rtial payment of
owed City.
old any
Founts
8.9 Attorneys' Fees. If either party t greemCthnduct
required to initiate or
defend or made a party to any action or proce in connected with this
Agreement, the prevailing party in such action or prod tion to any other relief
which may be granted, whether legal or equitable, ntitled to reasonable
attorneys' fees; provided, however, attorneys' ded pursuant to this
Section shall not exceed the hourly ity for legices multiplied by the
reasonable number of hours spent by pre in of the litigation.
Attorneys' fees shall include attorneys' on a in addition a party entitled
to attorneys' fees shall be entitled to a sonab osts for investigating such
action, taking deposit' very, other necessary costs the court allows
which are incurred i iRucl. All s ees shall be deemed to have accrued on
commencement o action d shall b forceable whether or not such action is
prosecuted to j ent. The may sets fees in the same action or in a separate
action brought t purp
9. CITY OFFIC�D EMPLOYE
bilit 't Officers and Employees. No officer, official, employee,
, represen or vo r of City shall be personally liable to Contracting Party,
iy successor in est, in event or any default or breach by City or for any amount
h may become to Contracting Party or to its successor, or for breach of any
kion of the term this Agreement.
Con f Interest. Contracting Party covenants that neither it, nor any
officer o i it, has or shall acquire any interest, directly or indirectly, which would
conflict in anner with the interests of City or which would in any way hinder
Contracting y's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
-11-
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party warrants that
it has not paid or given and will not pay or give any third party anyiey or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Part nts that, by and
for itself, its heirs, executors, assigns, and all persons claimi d rough them,
that there shall be no discrimination against or segregation any pe r group of
persons on account of any impermissible classification in ing, but not Ii to, race,
color, creed, religion, sex, marital status, sexual orient national origin, or try in
the performance of this Agreement. Contracting P shall take affirmative to
ensure that applicants are employed and that em es are trq&d during emplo ent
without regard to their race, color, creed, religio ma rit us, sexual orientation,
national origin, or ancestry.
MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, de
either party desires or is required toIdee
writing and either served personally
forth below. Either party may change
of address in writing. N II b
the time of mailing if vided in
0
To City:
CITY OF LA QC
Attention: Alfred
Facilitianddoaac
co
10.2 Interpr�
ance with the
ither part
Moan whit
PonsentN val, or communication
or an er person shall be in
ss mail to the address set
tify1 e other party of the change
unicated forty-eight (48) hours from
Section.
Contracting Party:
DORS COMPANY NAME
VENDORS CONTACT
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
on. The terms of this Agreement shall be construed in
Faning of the language used and shall not be construed for or
-eason of the authorship of this Agreement or any other rule of
t otherwise apply.
10.on Headings and Subheadings. The section headings and
subheadings tained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
-12-
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. _
10.6 Amendment. No amendment to or modification of tOn
ement shall be
valid unless made in writing and approved by Contracting Party the City Council
of City. The parties agree that this requirement for written modi ' of be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one
sentences, clauses, paragraphs, or sections con
declared invalid or unenforceable, such invalidity
of the remaining articles, phrases, sentences, e
Agreement which are hereby declared as severab
the intent of the parties hereunder unless the inva
invalidity deprives either party of the basic benefit
Agreement meaningless. _
10.8 Unfair Business Practi (
Contracting Party offers and agrees to c
all causes of action it may have under
under the Cartj
ter 2,
Division 7 of throfessio
services, or maated t is AgreE
become effectitime renders
further acknoof t
re of the articleMLases,
this Agreement be
:ea ' ity shall not affeWany
Fs, or sections of this
interpreted to carry out
ion is so material that its
it bargain or renders this
enterilVnto this Agreement,
title, and interest in and to
the on Act (15 U.S.C. § 15) or
ging with Section 16700) of Part 2 of
ie), arising from purchases of goods,
This assignment shall be made and
payment to Contracting Party without
Beneficiaries --With the exception of the specific provisions
there are no intended third -party beneficiaries under this
6third parties shall have any rights or obligations hereunder.
The moons executing this Agreement on behalf of each of the
and warrant that (i) such party is duly organized and existing,
Ptoated to execute and deliver this Agreement on behalf of said party,
Agreement, such party is formally bound to the provisions of this
entering into this Agreement does not violate any provision of
which said party is bound. This Agreement shall be binding upon
administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation
By:_
Name:
Title:
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST: By:-iq
Name:
Ahl- Title:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED ASAFORM:
Wl LRIKE',qWttorney
C'
CaliflEIRL
S
CTOR TO ERMII�IF THE FOLLOWING IS TO BE FOLLOWED OR
TED:)
(1) TW SIGNATURES ARE REQUIRED IF A CORPORATION'S
RTIC F INCORPORATION, OR OTHER RULES OR REGULATIONS
APP
S THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS,
AGREEM ENDMENTS, CHANGE ORDERS, ETC.
(2) CONTRACTING PARTY'S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY'S BUSINESS
ENTITY.
-14-
Services to be Provided:
Services and products to be rendered
may include, but may not be limited to:
Exhibit A
Scope of Services
performing all work associated with
Design
o Review existing CAD and Plans provided by City and
o Review existing system and components
o Coordinate design with the Coachella Valley Wa
o Prepare project plans, specifications and engi E
construction costs for the proposed improv s:
■ Improvement plans shall be prep 1"=21
scale appropriate for the requir rk.
■ Project Specifications and Bid ents w'
project description, preparation ch
payment methods, special provisio c
geotechnical report, and any specifics t
project.
o Consultant coordination appropriate
staff, adjacent property o an The con
attend a City Council meeti The de n
the pre-bid meeting and will and ntr
information d ' he bid pro
development
a
PlKy include a detailed
bid item descriptions,
I specifications,
I sheets specific to the
er of meetings with City
rt may be required to
ille expected to attend
uest for clarification or
o Consulta he City he bid and construction phases by
respon ' o Req for Info on (RFI) and provide clarification on its plans
Cons
o Obt
of con
on
ce at La Quinta City Hall for the duration
party constructability review of the project plans and
k
the preconstruction conference and identify potential
ed attention before construction starts.
field walk with inspector(s), design engineer, and City
repres Ives.
o Schedul d chair a kick off meeting with the City to discuss the proposed work
plaeanecial concerns to be presented at the preconstruction meeting and be
prhe Pre -Construction meeting.
Prreconstruction agenda using City format and provide to the City for
e, schedule a preconstruction meeting and notify attendees. It is
that the preconstruction meeting will include all interested parties,
including utilities, sub -contractors, etc.
o Coordinate the activities of on-site inspectors and administrators such that
appropriate coverage of all contractor activities is provided.
o Prepare reports and documents, as necessary, for City review and action.
o Maintain on a current basis: a record copy of all contracts, drawings,
specifications, addenda, change orders, and other modifications, in good order
Exhibit A
Page 1 of 10 Last revised summer 2017
and marked to record all changes made during construction; shop drawings,
product data; samples; submittal; purchases; materials; equipment; applicable
handbooks; maintenance and operating manuals and instructions; other related
documents and revisions which are relevant to the contract work.
o Provide weekly status reports to the City as required.
o Prepare and send a Weekly Statement of Working Days, noting t controlling
operations, to the contractor.
o Prepare daily/weekly Resident Engineer reports listing the ty work done,
controlling operation, weather conditions, important discu /agreements with
the Contractor, and any other important facts pertainin ject that are not
specifically covered elsewhere in the contract record
o Coordinate, monitor and document utility connection s necess
o Administer the construction contract in conform with the requi s set
forth in the project plans and specifications i g applicable requi s
from Standard Specifications for Public W onstruction and the it
Quinta.
o Receive, log, and respond to contrac quest for ation (RFI).
o Conduct weekly construction progress gs Contractor, Sub-
contractors, City Staff, Design Engineer, ants, affected outside
agencies, etc. to discuss matters such as pr es, progress, problems, and
scheduling. Prepare and d' ute meeting mi
o Review and approve Su Request for
o Coordinate and monitor aI p 'ties.
o Submit Requests for Infor n as r ny it s that should be
coordinated with the design neer
o Receive, process, review, an shop dr Ings, project data, samples,
and other ncluding ation with the design engineer for review
as need a nd imple t procedures for expediting the processing
and al of su al.
o Re and appro boratory, s and mill test reports of materials and
e ent.
o Co e wi d other City Departments.
o Docu ential claims maintain for account records. Provide all
ecessa umentation and support to the City in settling claims.
that tractor's dust control and traffic control implementation is
c nt wit pproved Plans. Take contractually -stipulated action in the
even eviatio m the approved Plan.
o Coordi constru ion surveying as needed.
o Coordin required materials testing.
o Review analyze the Contractor's schedule (weekly), including activity
seque and duration, schedule of submittal and schedule of delivery for
pro ith long lead times. Review the Contractor's weekly scheduled for
nce with project specifications. Note any contractual non -compliances
equest remedial action plan from Contractor. Include contractor schedule
an agenda item at each weekly meeting.
o Recommend necessary or desirable changes in the Construction Contractor's
scope of work to the City. Review and evaluate the contractor's request for
changes. Negotiate with the Contractor and submit recommendations to the City
supported by field data related to any additional work. If change orders are
accepted by the City, prepare change orders for signature and authorization by
the city. Maintain a log of change requests.
Exhibit A
Page 2 of 10
o Create and maintain "As -Built" project schedule with Microsoft Project or
equivalent program.
o Review pay requests and provide recommendation for contractor payments.
o Coordinate any training sessions required for City Staff.
o Construction Closeout
■ Administer and coordinate final inspections.
■ Coordinate the correction and the completion of the wor
■ Assist the City in determining when the project, or a ated portion
thereof, is substantially complete.
■ Prepare for the City, a summary of the status of of the
Contractor, listing changes in the previously i ce es of
substantial completion of the work, and reco ending t s within
which the Contractor shall complete un let ed items on rtificate
of substantial completion of the work.
■ Calculate the amount of final pay e to the prime Contract
prepare the proposed final esti
■ Obtain evidence of certificatio II lien rele fter the City files their
notice of completion.
■ Secure from the contractor and tra City, required guarantees.
■ Coordinate any startup requirements.
■ Deliver all equipm anuals, special ent, spare parts, catalogs,
and other materi specificati
■ Collect all "As -Buil t ntractors onsultants.
■ Make recommenda for the etent
9
Provide construction man
days of the filincof the nc
Inspection
i
uses ap
o Verify ci
approv
\ con
to the City within 60
icing requirements, including but not limited
i iary (bound workbook) during construction, including a cumulative
.f q s constructed, daily and weekly reports, working day reports,
order entation, photographs and other documentation. Maintain a
ield di change order work.
Contra or's fugitive dust control plan and ensure that the Contractor
ed haul routes and that they are kept clean.
liance with the construction contract by monitoring, evaluating,
r rejecting the Contractor's work in accordance with the approved
on contract documents.
ne that the Contractor's work is being performed in accordance with the
rements of the contract documents. Endeavor to guard the City against
fect and deficiencies in the work.
o As appropriate, require special inspection or testing, or make recommendations
to the City regarding special inspection or testing of work not in accordance with
the provisions of the contract documents, whether or not such work is fabricated,
installed, or completed.
o Provide and maintain a digital photographic history of the progress of the project.
Photos will also be taken of the following:
Exhibit A
Page 3of10
■ Showing existing conditions prior to construction.
■ Disputed work items.
■ Work that has to be duplicated, replaced, or removed.
■ Completed work.
■ Extra work.
o Record the progress of the project. Maintain a daily log containinw record of
weather, the Contractor and Sub -contractors' work on-site, the actor and
Sub -contractors' equipment on site, number of workers, wor mplished,
problems encountered, and other relevant data. Provide c of daily logs to
the City as requested. Include information on the Contr the entire
project, showing percentages of completion.
o During the course of construction, maintain one setans, wit ings and
dimensions in red ink, to denote field changes er corrections.
o Inspect for ADA compliance.
o Maintain copies of all permits needed to c ct the project and enfor
requirements of each. AL
Quality Control
o The Consultant shall have a Quality Cont
assurance during the entire time work is in e
o The Consultant has respo A & ity for the accur
calculations, related doc all other wo
responsibility through the e a Qua
Consultant's Quality Contr n!shaContract and, at a minimum,
accordance wit�ood engine ice and t
to assist quality
dcompleteness of the
'shed and shall meet that
trol Plan. The
:c roughout the entire
* is completed in
it meets the standards set
forth herei Ily:
■ ua i trol Plan II establish a process whereby all work is
ependen hecked, c ted and back -checked, in accordance with
opted p ce, by a pe qualified and appropriately registered in
State II o al drawings and calculations shall be
it f the Contract.
ion and chec all be performed to ensure that conflicts and
ment do not occur between different design documents (i.e. plans
d with specifications).
e Control Plan is functioning may be periodically confirmed by
Exhibit A
Page 4 of 10
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply: Ak,
1. Prevailing Wage Compliance. If Contracting
performing public works and maintenance projects, as descri
Contracting Party shall comply with applicable Federal, State, a
Party is aware of the requirements of California Labor Code
1770, et seq., as well as California Code of Regulations, 8,
a contractor
is Section 1.3,
. Contracting
t seq., and
et seq.,
(collectively, the "Prevailing Wage Laws"), and Quinta Muni c Code
Section 3.12.040, which require the payment o vailing wage rates the
performance of other requirements on "Public wo nd "Main ance" projects. the
Services are being performed as part of an ap le "Publ' ks" or "Maintenance"
project, as defined by the Prevailing Wage Laws, f c ction work over twenty-
five thousand dollars ($25,000.00) and/or alteration ion, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is ent to or extended on or after
January 1, 2015 by this Agreement, cting Party a to fully comply with such
Prevailing Wage Laws including, ' ed to, re ents related to the
maintenance of payroll records an a of a ntices. Pursuant to
California Labor Code Section 1725.5, ontra tractor may be awarded a
contract for public work on a "Public wo p unles gistered with the California
Department of Industri s ("DIR a time the contract is awarded. If the
Services are being p e art of a plicable "Public works" or "Maintenance"
project, as define he Pre g Wage s, this project is subject to compliance
monitoring and cement b DIR. Co ting Party will maintain and will require
all subcontract mainta' n IR Public Works contractor registration
during the term is eme racting Party shall notify City in writing
immediatel , and i se more than twenty-four (24) hours, after receiving any
infor ontr Party's or any of its subcontractor's DIR registration status
ha sus , rev expired, or otherwise changed. It is understood that it is
sponsibility ntrac arty to determine the correct salary scale. Contracting
rty shall make s of prevailing rates of per diem wages for each craft,
ification, or typ worker needed to execute the Services available to interested
p upon reques nd shall post copies at Contracting Party's principal place of
buss nd at the ect site, if any. The statutory penalties for failure to pay prevailing
wage om h State wage and hour laws will be enforced. Contracting Party
must forf ENTY FIVE DOLLARS ($25.00) per day for each worker who works
in excess o inimum working hours when Contracting Party does not pay overtime.
In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is
the legal working day. Contracting Party also shall comply with State law requirements
to maintain payroll records and shall provide for certified records and inspection of records
as required by California Labor Code Section 1770 et seq., including Section 1776. In
addition to the other indemnities provided under this Agreement, Contracting Party shall
defend (with counsel selected by City), indemnify, and hold City, its elected officials,
Exhibit A
Page 5 of 10
officers, employees, and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by
the parties that, in connection with performance of the Services, including, without
limitation, any and all "Public works" (as defined by the Prevailing Wage Laws),
Contracting Party shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 17 as the same
may be amended from time to time, and/or any other similar law. racting Party
acknowledges and agrees that it shall be independently responsi r reviewing the
applicable laws and regulations and effectuating compliance with s. Contracting
Party shall require the same of all subcontractors.
2. Retention. Payments shall be made ii
Article 2.0 of the Agreement. In accordance with said
Party a sum based upon ninety-five percent (95%) o
the labor and materials incorporated into the Se
month covered by said invoice. The remaining -
as performance security to be paid to Contracting
acceptance of the Services by the City Council o
furnished City with a full release of aLundisputed
required by City. In the event there
Party from the operation of the rele
Code § 7107) of up to one hundred
failure to deduct or withhold shall i
of existing mai
invitation for bi
incurred in loc,
Fn
nce with the 'sions of
s, City shall pay cting
ontract Sum apportio of
ier t greement duri the
(5° ereof shall be retained
sixty (60) days after final
ter Contracting Party has
s under this Agreement, if
excluded by Contracting
�r (per Public Contract
the ount in dispute. City's
kty's obligations under the
able for removal, relocation, or protection
t such utilities were not identified in the
burse Contracting Party for any costs
d by Contracting Party, and removing or
Contracting Party shall not be assessed
removal or relocation of such unidentified
Public Contract Code
the Mrk included in this Agreement requires excavations more
the following shall apply:
(a) tracting Party shall promptly, and before the following conditions
are di d, no ' ity, in writing, of any: (1) material that Contracting Party believes
may be is hazardous waste, as defined in Section 25117 of the Health and
Safety Co is required to be removed to a Class I, Class II, or Class III disposal site
in accordance ith provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 6 of 10
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and C
whether the conditions materially differ, or involve hazardous wast4oror increase in Contracting Party's cost of, or time required for, perfthe work, Contracting Party shall not be excused from any sch
provided for by this Agreement, but shall proceed with all work Agreement. Contracting Party shall retain any and all rights
or by law which pertain to the resolution of disputes and pests betweer
Parties. �
Fe
acting Party
a decrease
of any part of
mpletion date
ed under this
y contract
tracting
5. Safety. Contracting Party shall exec d maint ' its work so as tdWoid
injury or damage to any person or property. 1 ying ou ervices, Contracting
Party shall at all times be in compliance with all a le state, and federal laws,
rules and regulations, and shall exercise all nece cautions for the safety of
employees appropriate to the nature of the work and th itions under which the work
is to be performed. Safety precautio licable shall e, but shall not be limited
to: (A) adequate life protection and li oment an dures; (B) instructions
in accident prevention for all employ an ctors, h as safe walkways,
scaffolds, fall protection ladders, brid gan fined space procedures,
trenching and shoring, equipment and er de s, equipment and wearing
apparel as are neces wfully r to prevent accidents or injuries; and
(C) adequate facilitie e r inspe and maintenance of all safety measures.
6. Li ed Dama Since th�termination of actual damages for any
delay in perfo e of tXA/h be extremely difficult or impractical to
determine in the AI
and shall pay to City
for e da
her r, a . ied
e assesse a
cribed in the S of Se ces. City may withhold from any moneys payable on
unt of the Servic
Prevai Wa e Com Hance. If Contracting Party is a contractor
perfor ublic s and maintenance projects, as described in this Section 1.3,
Contract all comply with applicable Federal, State, and local laws. Contracting
Party is aw he requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., s well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty -
Exhibit A
Page 7 of 10
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor m e awarded a
contract for public work on a "Public works" project unless registered he California
Department of Industrial Relations ("DIR") at the time the contra warded. If the
Services are being performed as part of an applicable "Public "Maintenance"
project, as defined by the Prevailing Wage Laws, this projec ub compliance
monitoring and enforcement by the DIR. Contracting Party aintain ill require
all subcontractors to maintain valid and current DIR Pub' orks contract stration
during the term of this Agreement. Contracting shall notify City riting
immediately, and in no case more than twenty- 24) hours, after recei ny
information that Contracting Party's or any of its ontractorIR registration atus
has been suspended, revoked, expired, or othe change is understood that it is
the responsibility of Contracting Party to determine or alary scale. Contracting
Party shall make copies of the prevailing rates o em wages for each craft,
classification, or type of worker need to execute the ces available to interested
parties upon request, and shallpo at Contrac arty's principal place of
business and at the project site, if any
. enaltie ilure to pay prevailing
wage or to comply with State wage a our enf ed. Contracting Party
must forfeit to City TWENTY-FIVE D RS ay for each worker who
works in excess of the mi ' uorkin o hen Co racting Party does not pay
overtime. In accordan provisio abor Code Sections 1810 et seq., eight
(8) hours is the leg ing Contr g Party also shall comply with State law
requirements to ain payr records shall provide for certified records and
inspection of re as requir California or Code Section 1770 et seq., including
Section 1776. dition nities provided under this Agreement,
Contracting Party (with co selected by City), indemnify, and hold City,
its lecte als, o , employees, and agents free and harmless from any claim or
Iiabei1of a ' ure or alleged failure to comply with the Prevailing Wage
L t is ag the s that, in connection with performance of the Services,
ding, without tion, d all "Public works" (as defined by the Prevailing Wage
ws), Contracting y shall ear all risks of payment or non-payment of prevailing
s under Califor aw and/or the implementation of Labor Code Section 1781, as
th e may be a ed from time to time, and/or any other similar law. Contracting
Part owledg d agrees that it shall be independently responsible for reviewing
the ap a and regulations and effectuating compliance with such laws.
Contractin hall require the same of all subcontractors.
8. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
Exhibit A
Page 8 of 10
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's oblig s under the
Agreement.
9. Utility Relocation. City is responsible for removal,
of existing main or trunk -line utilities to the extent such
invitation for bids or specifications. City shall reimburse
incurred in locating, repairing damage not caused by C
relocating such unidentified utility facilities. Contrac
liquidated damages for delay arising from the remo
utility facilities.
10. Trenches or Excavations. Pursua?
Section 7104, in the event the work included in this
than four (4) feet in depth, the following shall apply
(a) Contracting Part
are disturbed, notify City, in writing,
may be material that is hazardous w
Safety Code, that is required to be re
in accordance with ZiMfticcl
xis
at the site different
bidders prior to the
site of any unu
generally reco
cond
or inl
the work
utilitie e
Co ting Pa
Co ting Party, a
n, or protection
ntified in the
any costs
shall not
relocation of such un
ng or
�ssed
ked
FFa Public Contract Code
requires excavations more
tly, and b�he following conditions
I that O -acting Party believes
25117 of the Health and
ss I, II, or Class II I disposal site
subsurface or latent physical conditions
nation about the site made available to
r (3) unknown physical conditions at the
from those ordinarily encountered and
iaracter provided for in the Agreement.
mptly investigate the conditions, and if it finds that the
or do involve hazardous waste, and cause a decrease
; cost of, or the time required for, performance of any
ige order per Section 1.8 of the Agreement.
(c) a event that a dispute arises between City and Contracting Party
ially differ, or involve hazardous waste, or cause a decrease
or se in Contr g Party's cost of, or time required for, performance of any part of
Nithe w ontra arty shall not be excused from any scheduled completion date
provide greement, but shall proceed with all work to be performed under this
Agreemen . racting Party shall retain any and all rights provided either by contract
or by law whi pertain to the resolution of disputes and protests between the contracting
Parties.
11. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
Exhibit A
Page 9 of 10
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confinetspprocedures,
trenching and shoring, equipment and other safety devices, eqnd wearing
apparel as are necessary or lawfully required to prevent accidnjuries; and
(C) adequate facilities for the proper inspection and maintenancy measures.
12. Liquidated Damages. Since the determination'Wctual es for any
delay in performance of the Agreement would be ex
determine in the event of a breach of this Agreement,
and shall pay to City the sum of One Thousand dollar
for each working day of delay in the perform
hereunder, as specified in the Schedule of Perfo CE
may be assessed for failure to comply with the e
described in the Scope of Services. City may with
of
y difficult or ctical to
cting Party shall e for
,000.00) as liquidated es
any o e Services re fired
In a n, liquidated damages
out requirements, if any,
any moneys payable on
:rued liquidated damages.
Exhibit A
Page 10 of 10
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Serv' provided for in
Section 2.3 of this Agreement, the maximum total compensation to Contracting
Party under this Agreement is not to exceed )
("Contract Sum"). The Contract Sum shall be paid to C tr ting Part stallment
payments made on a monthly basis and in an amount ' ified in Contra Party's
schedule of compensation attached hereto for the asks performed an erly
invoiced by Contracting Party in conformance with on 2.2 of this Agreement.
Exhibit B
Page 1of1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit C
Page 1 of 1
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full f e and effect
providing insurance with minimum limits as indicated below and issue insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO C
$1,000,000 (per occurrence) '
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non -cont ' ry
Commercial Auto Liability (at least as b
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration PaaeAhaaall
Workers' Compensation 1
(per statutory requirements)
Must include the following en
Workers Coo■insation \
Con
concurrently wit
against all claims
Contraartv
pe
i nfi
FM clause
.racting Party
ired to contribu
X
City and
bility po
and app
of Subrogation
of Sole Proprietor if applicable
'arty rocmaintain, at its cost, and submit
u ' ure t, Commercial General Liability insurance
against p ns or damages to property resulting from
r omissions rising out of or related to Contracting Party's
ment. The insurance policy shall contain a severability of
e coverage shall be primary for losses arising out of
)rma hereunder and neither City nor its insurers shall be
any such loss. An endorsement evidencing the foregoing and
Fficers and employees as additional insured (on the Commercial
nly) must be submitted concurrently with the execution of this
I by City prior to commencement of the services hereunder.
lffi�ting Party shall carry automobile liability insurance of $1,000,000 per
accident aga all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Exhibit E
Page 1 of 5
Contracting Party 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 Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compen
accordance with State Worker's Compensation laws with emplo
than $1,000,000 per accident or disease.
Contracting Party shall provide written notice
days if: (1) any of the required insurance policies e
ter
required polices are reduced; or (3) the deductiblo
In the event any of said policies of insurance are IE
to the cancellation date, submit new evidenc sur
Exhibit to the Contract Officer. The procuring of s L
or certificates evidencing the same shall not be con
Party's obligation to indemnify City, its officers, emp
or agents. _
E.2 Remedies. In addition to'
Party fails to provide or maintain any
extent and within the time herein requi
Insurance in
ity limits no less
working
kof the
et
ctingHarty snampnor
onformance with this
he delivery of policies
a limitation of Contracting
intractors, subcontractors,
VIRy have if Contracting
licy endorsements to the
option:
a. Obta' rance deduct and retain the amount of the
premiums for such ' anc;es
r any sum a under this Agreement.
b. er Conto work under this Agreement and/or
withhold any p t(s) e to Contracting Party hereunder until
Contracting Party complianc with the requirements hereof.
of t' ove remedies, however, is an alternative to any other
e. The above remedies are not the exclusive remedies for
f re to maintain or secure appropriate policies or endorsements.
d shall be construed as limiting in any way the extent to which
be held responsible for payments of damages to persons or
m Contracting Party's or its subcontractors' performance of work
nt.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
Exhibit E
Page 2of5
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, f waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive gation rights
against City regardless of the applicability of any insurance procee d to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided ontra Party and
available or applicable to this Agreement are intended egreement
p y to the fu t of the
policies. Nothing contained in this Agreement or any relati ity or
its operations limits the application of such insuranc e.
4. None of the coverages required n will be ' mpliance with these
requirements if they include any limiting endorse fa d that has not been first
submitted to City and approved of in writing.
5. No liability policy shall n any provisio efinition that would serve
to eliminate so-called "third party ac ims, inclu ny exclusion for bodily
injury to an employee of the insured o an r or su ractor.
6. All coverage types and limn
and additional requireme the City,
make any reductions ' cover
reduction of discov riod) t may a
consent.
reevare-'MWt to approval, modification
d arises. Contracting Party shall not
.g. elimination of contractual liability or
ty's protection without City's prior written
7. Pr co insurance requirements, consisting of
certificates of insu ncing all t verages required and an additional insured
endors Cont Party's general liability policy, shall be delivered to City at or
prio . n o greement. In the event such proof of any insurance is not
d ed as re , or i event such insurance is canceled at any time and no
acement cove is pro d, City has the right, but not the duty, to obtain any
rance it deems ssary to protect its interests under this or any other agreement
pay the premi Any premium so paid by City shall be charged to and promptly
pai ontracting y or deducted from sums due Contracting Party, at City option.
81ML1t,AFFknowIedged by the parties of this agreement that all insurance
coverage to be provided by Contracting Party or any subcontractor, is intended
to apply firstW on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
Exhibit E
Page 3of5
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use
retentions or deductibles on any portion of the insurance required
exception of professional liability coverage, if required) and furtherOc
allow any contractor, subcontractor, Architect, Engineer or other e
way involved in the performance of work on the project contemp
to self -insure its obligations to City. If Contracting Party's exi
deductible or self-insured retention, the deductible or self- red r
any self-insured
&in (with the
hat it will not
or person in any
this agreement
e includes a
must be
declared to the City. At that time the City shall revieweop'withthe Con g Party,
which may include reduction or elimination of the de or self -insure ntion,
substitution of other coverage, or other solutions.
11. The City reserves the right at any ur
change the amounts and types of insurance re
ninety (90) days advance written notice of such c
substantial additional cost to the Contracting Party,
compensation proportional to the incMdh11,Lkenefit to C
12. For purposes of applying
deemed to have been executed immec
can be deemed to be in furtherance of
13. Coni
failure on the pa
insurance requir
waive any rightIq
14. Coni
or its"to
agre
of this Agreement to
g the Contracting Party
If such change results in
ty will negotiate additional
his Agreement will be
reto taking any steps that
of this Agreement.
ind agrees that any actual or alleged
ng Party of non-compliance with any
dditional obligations on City nor does it
ward.
gill renew—ITe required coverage annually as long as City,
an exposure from operations of any type pursuant to this
lies whether the agreement is canceled or terminated for
Lobligation is not effective until City executes a written
N
Contra Party shall provide proof that policies of insurance required
ng dun e term of this Agreement have been renewed or replaced with
s prov' at least the same coverage. Proof that such coverage has been
Va
bmitted prior to expiration. A coverage binder or letter from
Contractininsurance agent to this effect is acceptable. A certificate of insurance
and an adinsuredendorsement is 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 Contracting Party under this agreement. Contracting Party expressly
Exhibit E
Page 4of5
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. Specifi ference to a
given coverage feature is for purposes of clarification only as it pert ai a given issue
and is not intended by any party or insured to be limiting or all-inclu
18. These insurance requirements are intended to be d distinct from
any other provision in this Agreement and are intended a pato be
interpreted as such.
19. The requirements in this Exhibit su
of this Agreement to the extent that any other se
the provisions of this Exhibit.
20. Contracting Party agrees to be respol,
used by any party involved in any way with the projec
or Contracting Party for the costo itional insu
agreement. Any such provisions ared w
intent of City to reimburse any th a
requirements. There shall be no recou gains
amounts with respect thereto.
other sections and p ons
iisioruconflicts with ori irs
I nsuring that no contract
3s the right to charge City
veragerequired by this
WtootoCity. It is not the
mplying with these
f premiums or other
21. CZra' rees to ide immediate notice to City of any claim
or loss againstPa ising out a work performed under this agreement.
City assumes or I' lity by suc tice, but has the right (but not the duty)
to monitor then or c s if they are likely to involve City.
Exhibit E
Page 5of5
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the stablishes a
professional standard of care for Contracting Party's Services, fullest extent
permitted by law, Contracting Party shall indemnify, protect, d (with counsel
selected by City), and hold harmless City and any and all of its ployees, and
agents ("Indemnified Parties") from and against any and all s, to liabilities of
every kind, nature, and description, damages, injury (incl n ,without Ii . n, injury
to or death of an employee of Contracting Party or subcontractor , s and
expenses of any kind, whether actual, alleged or thre d, including, without on,
incidental and consequential damages, court cos orneys' f s, litigation exp es,
and fees of expert consultants or expert witnes curred i ection therewith and
costs of investigation, to the extent same are cau wh in part by any negligent
or wrongful act, error or omission of Contracting Pa ers, agents, employees or
subcontractors (or any entity or individual that Contr Party shall bear the legal
liability thereof) in the performance ossional servic der this agreement. With
respect to the design of public impro Contractin shall not be liable for
any injuries or property damage result fro of the ign at a location other
than that specified in Exhibit A without ritteie Contracting Party.
b. Indemni WINNOMMILfor Othe rofessional Liability. Other than in the
performance of profe es and a full extent permitted by law, Contracting
Party shall indem efend h couns lected by City), and hold harmless the
Indemnified Pa ' rom and inst any ity (including liability for claims, suits,
actions, arbitr roceed' trat proceedings, regulatory proceedings,
losses, expense sts r actual, alleged or threatened, including,
without limitation, i and consequential damages, court costs, attorneys' fees,
litigati es, a es of expert consultants or expert witnesses) incurred in
co h an is of investigation, where the same arise out of, are a
quence o , e in a attributable to, in whole or in part, the performance of
Agreement by tractin arty or by any individual or entity for which Contracting
is legally Iia including but not limited to officers, agents, employees, or
s tractors of Co cting Party.
itv Provisions for Contracts Related to Construction (Limitation on
Indemni affecting the rights of City under any provision of this agreement,
Contractin shall not be required to indemnify and hold harmless City for liability
attributable t 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 Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Design Professionals.
1. Applicabilitv of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establis professional
standard of care for Contracting Party's Services, to the fullest ext rmitted by law,
Contracting Party shall indemnify and hold harmless City and an II of its officials,
employees, and agents ("Indemnified Parties") from and ag d all losses,
liabilities of every kind, nature, and description, damage ury (i g, without
limitation, injury to or death of an employee of Contractin y or of any s tractor),
costs and expenses, including, without limitation, incid nd consequenti ages,
court costs, reimbursement of attorneys' fees, litig expenses, and fees ert
consultants or expert witnesses incurred in ectiont ewith and co of
investigation, to the extent same are caused b neglige wrongful act, error or
omission of Contracting Party, its officers, agents, loy r subcontractors (or any
entity or individual that Contracting Party shall be gal liability thereof) in the
performance of professional services under this agree With respect to the design
of public improvements, the ContralAgiffibbbblQParty shall no iable for any injuries or
property damage resulting from the VVIIIIIIIIIJUILdesign a cation other than that
specified in Exhibit A without the writt nse ontra Party.
3. Design Professio e ' . As -TW in this Section F.1(d), the
term "design profession a limite nsed architects, registered professional
engineers, licensed p i nd sury s and landscape architects, all as defined
under current law, s may mended time to time by Civil Code § 2782.8.
F.2;hb
tion to CPpe ific n Provisions. Contracting Party agrees
to obtain exee th provisions identical to those set forth
herein this Eble to t e Contracting Party, from each and every
subco ny on or entity involved by, for, with or on behalf of
4i�
the nce of this Agreement. In the event Contracting Party
obtaindemigations from others as required herein, Contracting
y agrees respe according to the terms of this Exhibit. Failure of City
onitor complian ith these requirements imposes no additional obligations on City
'll inno way ac a waiver of any rights hereunder. This obligation to indemnify
d City as orth in this Agreement are binding on the successors, assigns or
heirs tracti rt)
and shall survive the termination of this Agreement.
Exhibit F
Page 2of2
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CALIFORNIA -
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and confirm that
(name of company) has reviewed
the City's indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City's Professional Services Agreement (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
I am of ,
(Title) (Company)
Page 15 of 20
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
Page 15 of 20
lam
ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(name) hereby declare as follows:
of
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced
or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly
colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal,
or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price
of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal
price, or of that of any other proposer, or to secure any advantage against the public body awarding
the agreement of anyone interested in the proposed agreement; that all statements contained in the
proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her
proposal price or any breakdown thereof, or the contents thereof, or divulged information or data
relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, proposal depository, or to any member or agent thereof to effectuate a
collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
Page 16 of 20
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CALIFORNIA -
ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark "N/A" under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. I SIGNATURE INDICATING RECEIPT
Page 17 of 20
PROJECT PLANS
LINK TO PROJECT PLANS
Page 18 of 20
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CALIFORNIA -
ATTACHMENT 5
ATTACHMENT 6
EVALUATION CRITERIA
Category Max Pts
Understanding of work to be done
Staffing and Scope of Work
Pertinent Project Experience
Schedule of Events
Format/Organization
Cost
Intangible Qualities
Total
Scoring Breakdown:
Understanding of work to be done - 25 points maximum
0-8: Scope of work is off topic or is missing more than 5 key elements.
9-17: Scope of work is understandable but missing a few key elements.
18-25: Scope of work well justified and most or all key elements are included.
Staffing and Scope of Work - 20 points maximum
0-8 points: Staffing is not clearly listed or does not match scope of work proposed.
9-15 points: Staffing is included but experience is not relevant or similar.
16-20 points: Staffing is included, matches the scope of work, and experience is relevant.
Pertinent Project Experience - 15 points maximum
0-4 points: Consultant does not include previous experience or has very minimal
experience.
5-10 points: Consultant lists previous experience, but experience is not relevant or similar.
11-15 points: Consultant lists relevant previous experience with similar work.
Schedule of Event- 15 Points Maximum
0-4 points: Events are not listed or is missing key elements
5-10 points: Events are listed but are not well scheduled or missing few key elements
11-15 points: Events are listed and are well justified or all key elements are included
Format/Organization - 10 points maximum
0-4: Scope of work is not or barely organized into tasks and subtasks, does not flow
clearly.
5-7: Scope of work is organized into tasks and subtasks, but not in a clear logical order.
8-10: Scope of work is well organized into logical tasks and subtasks to complete a
project.
Cost - 10 points maximum
0-4 points: Contractor rates significantly vary from standard rates for similar services,
and/or there are significant errors in calculations.
5-7 points: Contractor rates vary from standard rates for similar services and/or there are
minor errors in calculations.
Page 19 of 20
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CALIFORNIA -
8-10 points: Contractor rates are within standard rates for similar services.
Intangible Qualities - 5 points maximum
Intangible qualities are those traits or abilities that are not included in the above categories.
Page 20 of 20