RFP On-Call Materials Testing ServicesCALIFORNIA
4
REQUEST FOR
PROPOSALS
ON -CALL SURVEY
SERVICES
DUE BY:
MAY 23, 2023
BY 5 P.M.
- CALIFORNIA -
REQUEST FOR PROPOSALS
The City of La Quinta (City) seeks proposals from qualified firms to provide On Call Materials Testing
Services.
Project/Services Title:
Issue Date:
DUE DATE:
Requesting Department:
On -Call Materials Testing Services
April 25, 2023
May 23, 2023
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 — On -Call Materials Testing Services
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
Any requests for clarification or other questions concerning this RFP must be submitted in writing by May 10,
2023; and sent via email to Julie Mignogna, Management Analyst, jmignogna@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
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
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Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request to Julie
Mignogna, Management Analyst, jmignoclna(a�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
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
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Proposal Evaluation Form is provided in Attachment 5. 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 Agreement for Contract Services (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 25, 2023
Deadline for Proposers' Questions:
May 10, 2023
Proposals Submittal Deadline:
May 23, 2023 by 5:00PM
Complete Evaluations of Proposals:
May 24 — June 2, 2023
Conduct Interview (If Necessary):
June 6 - 7, 2023
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
June 6 — 9, 2023
City Council Consideration and Approval:
June 20, 2023
Agreement Effective Date and
Project Start Date
July 1, 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 24, 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.
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
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17. NON -COLLUSION AFFIDAVIT
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 and experienced professional firms to provide "On -
Call Materials Testing Services" as set forth in this RFP. Firms submitting proposals must be prepared to
immediately enter into the City's Agreement for Contract Services for the services described in this RFP and
must be available to the City on an as -needed basis for a three-year agreement term.
I. INTRODUCTION
The following ASTM standards shall be considered as general guidance, the standard will be per actual
project specifications. The City of La Quinta uses both Greenbook and Caltrans standards. Firms with both
labs are preferred, but not required.
II. SCOPE OF SERVICES
1. Consultant shall provide equipment, services and products to be rendered in performing all
designated work associated which may include, but is not limited to, performing the following
intermittent observation and testing services:
2. Provide a qualified technician as necessary to conduct density tests on roadway sub -grade,
aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The
tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand
cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be
performed on various material types as they are encountered, including Marshall density tests
on the asphaltic concrete.
3. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed
and perform slump tests for the curb, gutter, concrete dip section, foundations, and other
minor concrete.
4. Provide a Caltrans certified technician and laboratory to perform tests on federally funded
projects.
5. Perform compression strength tests in accordance with ASTM C39.
6. Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic
concrete.
7. Perform R Value Testing of street subgrade and recommend a pavement section based on the
results of the test.
8. Reporting of any Non -Compliance results of materials to the City within twenty-four (24) hours
from the time of sampling.
9. Provide geotechnical reports and recommendations. Work may include soil samples,
pavement cores, percolation tests, pavement recommendations, etc.
III. PROPOSAL FORMAT
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.
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Present the proposals in a format and order that corresponds to the numbering and lettering contained herein,
with minimal reference to supporting 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
(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 July 1, 2023 as the start date.
2. References of California government agencies (preferably cities)
(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
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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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ATTACHMENTS
1. Agreement for Contract Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with
3. Non -Collusion Affidavit
Must be executed by proposer and submitted with
4. Addenda Acknowledgement
Must be executed by proposer and submitted with
5. Proposal Evaluation Form
the proposal
the proposal
the proposal
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ATTACHMENT 1
Agreement for Contract Services
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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 eto agree as
follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all t- and
Agreement, Contracting Party shall provide On -Call Sury S- ices, as
"Scope of Services" attached hereto as "Exhibit A" ncorporated h
reference (the "Services"). Contracting Party repre and warrants that
Party is a provider of first-class work and/or service • • Contrac ' g Party is p
in performing the Services contemplated he' and, in
experience, Contracting Party covenants that ' all f
performing the Services required hereunder, and th
quality, fit for the purpose intended. For purposes of thi
standards" shall mean those standar• • ractice recog
firms performing similar services un
1.2 Compliance with Law. A
in accordance with all ordinances, reso
the City and any Federal or local
1.3 Wage ourC •liance,
Federal, State, a► .cal wage hour law
1.4 Lic
herein, Contracting
and ap• - . s may
this _ udin
e
tax
from o
tions of this
ied in the
•y this
ting
ex e ced
of such status and
industry standards in
rials, if any, will be of good
eement, the phrase "industry
by one or more first-class
umstance
ereunder shall be provided
utes, , regulations, and laws of
ental agency of competent jurisdiction.
racting Party shall comply with applicable
essments. Except as otherwise specified
obtain at i s •le cost and expense such licenses, permits,
quired by law for the performance of the Services required by
of La Quinta business license. Contracting Party and its
tractors shall, at their sole cost and expense, keep in
the to •f this Agreement any licenses, permits, and approvals
for the performance of the Services required by this Agreement.
ave the sole obligation to pay for any fees, assessments, and
enalties and interest, which may be imposed by law and arise
for the performance of the Services required by this Agreement,
and sha - r , defend (with counsel selected by City), and hold City, its elected
officials, o employees, and agents, free and harmless against any such fees,
assessments, axes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
ees, age
t at all times
are legally requi
cting Party sh
s applicab
neces
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
11
Party s
Additiona
desig
g Pa
accu
s and stands that
ecialized ski • abilities
rty's work will b • to an
t with Section 1.5 her- •ve,
essary s
greeme►
or property,
e cause
t relie
igence
and abilities to tisfy
ontracting Party shall
t to furnish continuous
d the equipment, materials,
or damages, and shall be
ceptance of the Services
ity's own negligence.
Contracting Party from
ve work at no further cost
Contracting Party.
ce with the terms and conditions of this
ices in addition to those specified in the
hen directed to do so by the Contract
ontracting Party shall not be required to
mpensation. Contracting Party shall not
ices until receiving prior written authorization (in the form of
tracting Party is a contractor performing the Services) from
ed designee, incorporating therein any adjustment in
and • ") the time to perform this Agreement, which said
to th written approval of Contracting Party. It is expressly
g Party that the provisions of this Section shall not apply to the
forth in the Scope of Services or reasonably contemplated
understood and agreed that oral requests and/or approvals of
all be barred and are unenforceable. Failure of Contracting Party
tract Officer's, or assigned designee's written authorization for
S- es shall constitute a waiver of any and all right to adjustment of the
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.
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
t
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 this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contra • • Party shall
immediately inform City of such fact and shall not proceed except at cting Party's
risk until written instructions are received from the Contract • , or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowl
the Services contracted for under this Agreement requir
and that, consistent with this understanding, Contracts
industry standard of quality and workmanship. Con
Contracting Party represents to City that it holds th
the industry standard of quality as set forth in
adopt reasonable methods during the life of t
protection to the Services performed by Contracting
papers, and other components thereof to prevent to
responsible for all such damages, to
by City, except such losses or dam
The performance of Services by Contr
any obligation to correct any incomplet
to City, when such inaccuracies are due
1.7 Additio
Agreement, Contr
Scope of Servi
Officer, or assi
perform any Add
perform an Additio
a writ
th
Se
there
Add itio
rd
ract
Contract
ustments are su
stood by Contr
specifically
is specif
rvic
to secure
Additional
Contract Sum
In acco
perform
rvices") o
-,-
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 expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
Contract Sum.
2.1 For the Services rendered pur ' is Agreement,
Contracting Party shall be compensated in accordance with " .it B" "Schedule of
Compensation") in a total amount not to exceed dollars
($ ), per year for the life of the agreement,
extended terms. (the "Contract Sum"), except as pro
compensation set forth in the Schedule of Co
payment upon completion, payment in accorda
the Services, payment for time and materials
schedule, but not exceeding the Contract Sum, or su
be specified in the Schedule of Compensation. The
attendance of Contracting Party at al meetings re
City; Contracting Party shall not be e '' - - additiona
said meetings. Compensation may
expenditures for reproduction costs, t
similar costs and expenses when and
Regardless of the meth
Contracting Party's o
provided in Sectio
2.2
to receive paym
(10th) working day
invoic
ea
0
pay
this Ag
Finance
me
staff memb
tracting Party s
dance with the
or assigned
cting Pa
nt
pensati
sation
ement.
passing the in
in Section 1.7. The
ation m. include a lum
ith the p tage of completion of
U. ontracting Party's rate
asonable methods as may
tract Sum shall include the
ly deemed necessary by
ensation for attending
actual and necessary
telephone expense, and
in th- .chedule of Compensation.
orth in the Schedule of Compensation,
not exceed the Contract Sum, except as
d any
d of
um
onth in which Contracting Party wishes
g - - submit to City no later than the tenth
onth, in the form approved by City's Finance Director, an
prior to the date of the invoice. Such invoice shall specify
vided Services and the number of hours assigned to each
uch i - shall contain a certification by a principal member of
fying t :t the payment requested is for Services performed in
s of this Agreement. Upon approval in writing by the Contract
ignee, and subject to retention pursuant to Section 8.3, City will
r all items stated thereon which are approved by City pursuant to
er than thirty (30) days after invoices are received by the City's
2.3 ompensation 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
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
-,1-
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 Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in
Agreement. If the Services not completed in accorda
Performance, as set forth in Section 3.2 and "Exhibit C", i u
suffer damage.
3.2 Schedule of Performance. All es ren
Agreement shall be performed diligently and wit► a time pe
C" (the "Schedule of Performance"). Extensio the
Schedule of Performance may be approved in
assigned designee.
3.3 Force Majeure. The ti
for performance of the Services rend
because of any delays due to unforese
fault or negligence of Contracting Party,
the public enemy, fires
strikes, freight emba
unusually severe
commencement
writing of the
ascertain the fac
Services for the pen
such . - ified,
sh
n
in the Sch
igned design
racting Party to
Article
and term
two (2) addi
Term"), and e
nclu
ecified in
his Ag
with
derstood t
ance of this
chedule of
City will
d-red pursuant his
stablished in "Exhibit
period specified in the
the Contract Officer, or
hedule of Performance
ent shall be extended
the control and without the
ricted to, acts of God or of
uakes, f , -pidemic, quarantine restrictions, riots,
of any iernmental agency other than City, and
ntractin. : rty shall within ten (10) days of the
tify the C• -ct Officer, or assigned designee, in
Officer, or assigned designee, shall
, and extend the time for performing the
forced delay when and if in the Contract Officer's judgment
e Contract Officer's determination, or assigned designee,
pon the parties to this Agreement. Extensions to time
of P- ance which are determined by the Contract Officer, or
o be tified pursuant to this Section shall not entitle the
tional compensation in excess of the Contract Sum.
less earlier terminated in accordance with the provisions in
ment, the term of this agreement shall commence on July 1, 2023,
ne 30, 2026 ("Initial Term"). This Agreement may be extended for
one (1) year terms upon mutual agreement by both parties ("Extended
cuted in writing.
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:
(a) Name
Tel No.
E-mail:
(b) Name
Tel No.
Email:
It is expressly understood that the experience,
reputation of the foregoing Principals were a substantial in
this Agreement. Therefore, the foregoing Principals sh
of this Agreement for directing all activities of Contr
time to personally supervise the Services hereun
the foregoing Principals may not be changed by
may be assigned to perform the Services require
approval of City.
4.2 Contract Officer. The
Facilities Management Analyst, o
by the City Manager of the City. It s
that the Contract Officer, or assigned
performance of the Services, and Cont
be made by City to the
specified herein, any
Contract Officer, or
shall have author
out the terms o
4.3
knowled
emp
a
vol
restric
concert
orth in
ther entity to
ress written app
may be tra
or by op
reund
e
of Contrac
attempted or
act Offic
ity req
gnee.
uments
k' -dg
ent for
responsible d
Party and devotin
or purposes of this Agr= -nt,
cting Pad no other personnel
eunde' out the express written
ability, and
enter into
he term
cient
ontract Office ' . II be Alfred Berumen,
designee be designated in writing
ing Pa sponsibility to assure
orm d of the progress of the
any decisions, that must
igned designee. Unless otherwise
ereunder shall mean the approval of the
Contract Officer, or assigned designee,
half of City required hereunder to carry
inst Subc• cting or Assignment. The experience,
d reputation of Contracting Party, its principals, and its
inducement for City to enter into this Agreement. Except
ontracting Party shall not contract or subcontract with
rm in - or in part the Services required hereunder without the
I of City. In addition, neither this Agreement nor any interest
rred, assigned, conveyed, hypothecated, or encumbered,
n of law, without the prior written approval of City. Transfers
all include the transfer to any person or group of persons acting in
twenty five percent (25%) of the present ownership and/or control
rty, taking all transfers into account on a cumulative basis. Any
ported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
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 set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contracting P i shall not at
any time or in any manner represent that it or any of its agents or em. -s are agents
or employees of City. City shall not in any way or for any purpose b- e or be deemed
to be a partner of Contracting Party in its business or otherwis- '•int venture or a
member of any joint enterprise with Contracting Party. Contr. • shall have no
power to incur any debt, obligation, or liability on behalf of Contr. Party shall
not at any time or in any manner represent that it or any s agents or ees are
agents or employees of City. Except for the Contract ' paid to Contracts rty as
provided in this Agreement, City shall not pay salari- 'ages, or other compen to
Contracting Party for performing the Services her' •er for Cit City shall not be able
for compensation or indemnification to Contracti rty for i r' or sickness arising out
of performing the Services hereunder. Notwithsta a er City, state, or federal
policy, rule, regulation, law, or ordinance to the contr. tracting Party and any of its
employees, agents, and subcontractor • roviding service •er this Agreement shall not
qualify for or become entitled to any
by City, including but not limited to e
Retirement System ("PERS") as an e
to be paid by City for employer contri
benefits. Contracting Pa
Contracting Party and
any and all taxes, a
of the independe
shall fully com
Contracting Pa
City harmless fro
compen - ' • • laws.
due - ' Part
P
e
perfo
that the
supervisio
be authorize
and services.
agrees to
ement,
nalties,
onship c
compens
tion, benefit, incident of employment
II in the nia Public Employees
entitl ent to any contribution
e contributions for PERS
require• axes on amounts paid to
indemnify and hold City harmless from
interest asserted against City by reason
d by this Agreement. Contracting Party
laws regarding Contracting Party and
rty further agrees to indemnify and hold
e of Con . g Party to comply with applicable workers'
all have the right to offset against the amount of any payment
r this Agreement any amount due to City from Contracting
arty's failure to promptly pay to City any reimbursement
is Section.
ersons Performing Work. Contracting Party represents that it
at its own expense all personnel required for the satisfactory
all of the Services set forth herein. Contracting Party represents
fired herein will be performed by Contracting Party or under its direct
at all personnel engaged in such work shall be fully qualified and shall
d permitted under applicable State and local law to perform such tasks
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.
1-
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" 'e "Insurance
Requirements") which is incorporated herein by this reference and exp ' made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provi. - e of Insurance
to Agency along with all required endorsements. Ce - e o rance and
endorsements must be approved by Agency's Risk Man nor to co ement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest ext
shall indemnify, protect, defend (with counsel sele
and any and all of its officers, employees, agents, an
F" ("Indemnification") which is incorp. -. herein by
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports.
Contract Officer, or a
performance of the
assigned desig
greatly concer
Agreement. For
aware of any fact
increas- - - ease
is pr
s
romptly
mstance, tech
eto and, if Contr
sed cost estim
rmitt: law, Contracting Party
), and hold harmless City
teers as set forth in "Exhibit
ence and expressly made
eriodically prepare and submit to the
reports concerning Contracting Party's
Agreement as the Contract Officer, or
Party hereby acknowledges that City is
es to be performed pursuant to this
agrees that if Contracting Party becomes
ances, tec . ues, or events that may or will materially
st of the Services contemplated herein or, if Contracting Party
he cost of the project being designed, Contracting Party
the ract Officer, or assigned designee, of said fact,
, or e and the estimated increased or decreased cost related
g Party is providing design services, the estimated increased or
for the project being designed.
C• - ting Part
signee,
red by
Contrac
the S
Contracting Party shall keep, and require any subcontractors to
keep, s -d• cooks of accounts, invoices, vouchers, canceled checks, reports
(including i imited to payroll reports), studies, or other documents relating to the
disbursement harged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
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
-77-
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 Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to and access
shall be provided by Contracting Party's successor in interest. .er California
Government Code Section 8546.7, if the amount of public funds - ded under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agr- shall be subject
to the examination and audit of the State Auditor, at the reque C as part of any
audit of City, for a period of three (3) years after final payme der thi-ement.
7.3 Ownership of Documents. All drawing .ecifications, ma. -signs,
photographs, studies, surveys, data, notes, comput- s, reports, records, do• •nts,
and other materials plans, drawings, estimate t data, rvey results, :els,
renderings, and other documents or works of a .hip fixes y tangible medium of
expression, including but not limited to, physica
stored digitally, magnetically, or in any other medium
by Contracting Party, its employees, subcontractors, a
this Agreement (the "Documents an• .Is") shall be t
delivered to City upon request of the er, or
the expiration or termination of this Ag
for further employment or additional co
its full rights of ownership use, reuse, . ent of
hereunder. Any use, r
for other projects
authorization by
Contracting Pa
such use, revise,
and Materials for i
the conce• embodi
of an
fai
re
Cont
change
discharge
The provisio
gital renderings, or data
d or caused to be prepared
ents in the performance of
perty of City and shall be
a -d designee, or upon
cting : rty shall have no claim
of the exercise by City of
Documents and Materials
signmen d ch completed Documents and Materials
f unco ted documents without specific written
will be City's sole risk and without liability to
Party's g tee and warranties shall not extend to
rty may retain copies of such Documents
arty shall have an unrestricted right to use
rein. All subcontractors shall provide for assignment to City
ials prepared by them, and in the event Contracting Party
, Contracting Party shall indemnify City for all damages
t City or any person, firm, or corporation authorized by City
and Materials without written verification or adaptation by
specific purpose intended and causes to be made or makes any
ns in said Documents and Materials, City hereby releases,
onerates Contracting Party from liability resulting from said change.
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 Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Paby City. City
shall not be limited in any way in its use of the Documents and Ma - at any time,
provided that any such use not within the purposes intended by thi eement shall be
at City's sole risk.
7.6 Release of Documents. The Documents . atenall not be
released publicly without the prior written approval of the •n ract Office , -ssigned
designee, or as required by law. Contracting Party s •t disclose to an entity
or person any information regarding the activities of except as required by ' as
authorized by City.
7.7 Confidential or Personal Identify fora
covenants that all City data, data lists, trade secrets,
information, documents that are not public records, dra
other information, if any, develope• - eived by Co
performance of this Agreement are dential a
Contracting Party to any person or e
unless required by law. City shall gra
lawful administrative or legal proceeding,
law. All City data, d
information, docume
information shall b
Contracting Pa
of this Agreeme
trade
public r
upon th
this secti
8. ENFORCEM AGREEMENT.
0
Con
court
ed both as
e State of Cali
for in relation to
rside, State
'g Party c
vent
writ
r, or s
n. Contracting Party
is with personal identifying
ments, discussion notes, or
ng Party or provided for
II not be disclosed by
to thorization by City or
osure if required by any
r directive with the force of
documents with personal identifying
ds, draft documents, discussions, or other
mination or expiration of this Agreement.
all survive the termination or expiration
This Agreement shall be interpreted, construed, and
lidity . • performance of the parties in accordance with the laws
. Leg. ctions concerning any dispute, claim, or matter arising
Agreement shall be instituted in the Superior Court of the County
alifornia, or any other appropriate court in such county, and
ants and agrees to submit to the personal jurisdiction of such
ch action.
8.2 .utes. In the event of any dispute arising under this Agreement, the
injured party s all notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, 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 condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the per of time that
Contracting Party is in default, City shall hold all invoices and shall, the default is
cured, proceed with payment on the invoices. In the alternative, ' may, in its sole
discretion, elect to pay some or all of the outstanding invoices duri ► •eriod of default.
8.3 Retention of Funds. City may withhold fro . ny m
Contracting Party sufficient funds to compensate City for osses, cos
damages it reasonably believes were suffered by City to the default o
Party in the performance of the Services required b Agreement.
8.4 Waiver. No delay or omission in -xercise
non -defaulting party on any default shall impairs • ht
a waiver. City's consent or approval of any act b
consent or approval shall not be deemed to waive or r
to or approval of any subsequent ac
any default must be in writing and s
the same or any other provision of thi
8.5 Rights and Remedies are
remedies expressly dec
of the parties are cum
or remedies shall
other rights or r
8.6 Le
take legal action, at
dama : - defa
dec . tive
t
ter
with o
receipt o
Services he
or assigned
8.7 Termin
tion of this Ag
n for caus
ut c
tracting Part
aiver of
ayable to
ilities, or
acting
right or remedy of a
edy or be construed as
ting Party requiring City's
nnecessary City's consent
waiver by either party of
her default concerning
E with respect to rights and
e exclu is Agreement, the rights and remedies
e exerci ,y either party of one or more of such rights
exercise it, at the same or different times, of any
e default ' ny other default by the other party.
other rights or remedies, either party may
t equity, to cure, correct, or remedy any default, to recover
compel specific performance of this Agreement, to obtain
r to obtain any other remedy consistent with the purposes
Prior To Expiration of Term. This Section shall govern any
ment, except as specifically provided in the following Section for
ity reserves the right to terminate this Agreement at any time,
upon thirty (30) days' written notice to Contracting Party. Upon
e of termination, Contracting Party shall immediately cease all
er except such as may be specifically approved by the Contract Officer,
esignee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer, 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.
-4)-
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, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for c• • letion of the
Services required hereunder exceeds the compensation herein stipulprovided that
City shall use reasonable efforts to mitigate such damages), and C ay withhold any
payments to Contracting Party for the purpose of setoff or partial . qt of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agr
defend or made a party to any action or proceedin
Agreement, the prevailing party in such action or pro
which may be granted, whether legal or equi
attorneys' fees; provided, however, that the a
Section shall not exceed the hourly rate paid by
reasonable number of hours spent by the prevailing
Attorneys' fees shall include attorneys' fees on any app
to attorneys' fees shall be entitled ' .er reasonab
action, taking depositions and disco
which are incurred in such litigation.
commencement of such action and sh
prosecuted to judgment. The court may
action brought for that
9. CITY OFFI
9.1
agent, representa
or any successor in i
which e
obl
c
Con
further
interest s
the express
Party agrees t
9.2 Confli
r or principal of I
in any mann
' g Party's
ants
es in th
her nece
ent is requir nitiate or
ny way connect th this
g, in addition to any o -lief
, shall b- - ntitled to reas• able
s' fees : rded pursuant to this
ervices multiplied by the
e conduct of the litigation.
d in addition a party entitled
is for investigating such
costs the court allows
e de- ed to have accrued on
ther or not such action is
ame action or in a separate
LOYEES •NDISCRIMINATION.
d , ployees. No officer, official, employee,
I be personally liable to Contracting Party,
n the event or any default or breach by City or for any amount
Contracting Party or to its successor, or for breach of any
reement.
. Contracting Party covenants that neither it, nor any
s or shall acquire any interest, directly or indirectly, which would
with the interests of City or which would in any way hinder
rmance of the Services under this Agreement. Contracting Party
in the performance of this Agreement, no person having any such
loyed by it as an officer, employee, agent, or subcontractor without
n consent of the Contract Officer, or assigned designee. Contracting
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.
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 any money or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party coven. - s that, by and
for itself, its heirs, executors, assigns, and all persons claiming under rough them,
that there shall be no discrimination against or segregation of, an on or group of
persons on account of any impermissible classification including, 't limited to, race,
color, creed, religion, sex, marital status, sexual orientation, na ' • or ancestry in
the performance of this Agreement. Contracting Party sh. , e affi e action to
ensure that applicants are employed and that employees treated durin. '.loyment
without regard to their race, color, creed, religion, sex, al status, sexua station,
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, pproval, or communication
either party desires or is required to give the other pa any other person shall be in
writing and either served personally . ' by prepaid, fi ss mail to the address set
forth below. Either party may change - • notifying her party of the change
of address in writing. Notice shall be cated -eight (48) hours from
the time of mailing if mailed as provide
To City:
CITY OF LA QU
Attention: Julie
Management
78495 Calle Ta
La Quinta, Californ
ance wit
nst either part
truction which
subhe
limit or
Contracting Party:
ENDORS COMPANY NAME
ENDORS CONTACT
NDORS STREET ADDRESS
NDORS CITY, STATE, ZIP
The terms of this Agreement shall be construed in
can the language used and shall not be construed for or
reaso the authorship of this Agreement or any other rule of
otherwise apply.
Sectio adings and Subheadings. The section headings and
in this Agreement are included for convenience only and shall not
o s- -ct the terms of this Agreement.
10.4 unterparts. 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.
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 this Agreement shall be
valid unless made in writing and approved by Contracting Party and by - City Council
of City. The parties agree that this requirement for written modifications of be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or mor- cles, phrases,
sentences, clauses, paragraphs, or sections contained i Ag : -nt shall be
declared invalid or unenforceable, such invalidity or unen ceability sha .ffect any
of the remaining articles, phrases, sentences, clause agraphs, or sec of this
Agreement which are hereby declared as severable hall be interpreted to out
the intent of the parties hereunder unless the i • provisio► is so material its
invalidity deprives either party of the basic a it of the' ' gain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. I
Contracting Party offers and agrees t• : n to City all
all causes of action it may have un. , ` of the Cla
under the Cartwright Act (Chapter om ith S
Division 7 of the Business and Profe
services, or materials related to this A
become effective at th - rende
further acknowledgm
10.9 No
set forth in thi
Agreement and
a
(
a
the
are duly
y so executing
ement, and (iv)
er Agreement
executors
-Party B
eement,
0
thorit
sent
rized
ty
es.
ering into this Agreement,
title, and interest in and to
ct (15 U.S.C. § 15) or
16700) of Part 2 of
rom purchases of goods,
nment shall be made and
payment to Contracting Party without
ciaries. the exception of the specific provisions
int. •ed third -party beneficiaries under this
have any rights or obligations hereunder.
persons executing this Agreement on behalf of each of the
arrant that (i) such party is duly organized and existing,
cute and deliver this Agreement on behalf of said party,
Agree nt, such party is formally bound to the provisions of this
entering into this Agreement does not violate any provision of
hich said party is bound. This Agreement shall be binding upon
inistrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS
WIL . RKE, 4 ttorney
C
CONTRACTING PARTY:
By:
Name:
Title:
By:
Name'
Title:
F THE FOLLOWING IS TO BE FOLLOWED OR
NO (1) TWA SIGNATURES ARE REQUIRED IF A CORPORATION'S
BYLAW RTIC ' •F INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLIC• THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS,
AGREEM MENDMENTS, 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.
-4-
Exhibit A
Scope of Services
1. Services to be Provided:
Services and products to be rendered in performing all work associated with pro
may include, but may not be limited to:
• Design
o Review existing CAD and Plans provided by City and
o Review existing system and components
o Coordinate design with the Coachella Valley Wat
o Prepare project plans, specifications and engi
construction costs for the proposed improve
■ Improvement plans shall be prep
scale appropriate for the requir
■ Project Specifications and Bi
project description, preparation
payment methods, special provisio
geotechnical report, and any specific
project.
o Consultant coordination
staff, adjacent property o
attend a City Council meeti
the pre -bid meeting and will
information d
o Consulta
respon
as n
• Cons
o Obta
of cons
pro
Sche
represe
Schedul
plan an
prese
r
- - he bid pro
he City
for Info
rk.
ments
ch
r ► trict.
estimates of p
t development
e maps.
"=20' scale. Details sh
y include a detailed
, bid item descriptions,
cal specifications,
etail sheets specific to the
appropriat- •er of meetings with City
The con t may be required to
nt will be expected to attend
ntr- • uest for clarification or
the bid and construction phases by
on (RFI) and provide clarification on its plans
space at La Quinta City Hall for the duration
party constructability review of the project plans and
to the preconstruction conference and identify potential
that -ed attention before construction starts.
nd atte a field walk with inspector(s), design engineer, and City
ves.
d chair a kick off meeting with the City to discuss the proposed work
ecial concerns to be presented at the preconstruction meeting and be
the Pre -Construction meeting.
a preconstruction agenda using City format and provide to the City for
rrence, schedule a preconstruction meeting and notify attendees. It is
isioned 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 ) 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 the 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 oject that are not
specifically covered elsewhere in the contract record
o Coordinate, monitor and document utility connectiorV neces
o Administer the construction contract in conform. - with the requ is set
forth in the project plans and specifications i g applicable requ is
from Standard Specifications for Public W. onstruction and the Cit
Quinta.
o Receive, log, and respond to contrac
o Conduct weekly construction progress
contractors, City Staff, Design Engineer,
agencies, etc. to discuss matters such as pr
scheduling. Prepare and d'
o Review and approve Su
o Coordinate and monitor a
o Submit Requests for Infor
coordinated with the design
o Receive, process, review, an
and other
as need
and a
o Re
e
o Coo
o Docu
cessa
that t
t wit
co
even
Coordi
Coordin
Review
segue
pro
ncluding
nd imple
al.
boratory,
quest fo
gs w
ute meeting mi
Request for
ities.
r ation (RFI).
Contractor, Sub -
ants, affected outside
es, progress, problems, and
it- s that should be
shop dr. sings, project data, samples,
ation with the design engineer for review
t procedures for expediting the processing
and mill test reports of materials and
nd other City Departments.
ential claims a : maintain for account records. Provide all
mentation and support to the City in settling claims.
tractor's dust control and traffic control implementation is
proved Plans. Take contractually -stipulated action in the
viatio the approved Plan.
constru ion surveying as needed.
equired materials testing.
analyze the Contractor's schedule (weekly), including activity
and duration, schedule of submittal and schedule of delivery for
ith long lead times. Review the Contractor's weekly scheduled for
nce with project specifications. Note any contractual non -compliances
request 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 ?.s 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
thereof, is substantially complete.
• Prepare for the City, a summary of the status of
Contractor, listing changes in the previously i
substantial completion of the work, and reco
which the Contractor shall complete unc
of substantial completion of the work.
• Calculate the amount of final paym
prepare the proposed final esti
• Obtain evidence of certificatio
notice of completion.
Secure from the contractor and tr
Coordinate any startup requirements.
•
•
•
Deliver all equipme
and other materi
• Collect all "As-Buil
• Make recommenda
o Provide construction manag
days of the filin• of the notice
• Inspection
o Revie
o Att
o A
o Mon
to, P
intain
of
ch
sepa
Monito
uses ap
Verify c
approv'
con
ated portion
of the
c- -tes of
ending es within
leted items on -rtificate
e to the prime Contrac
I lien rele
fter the City files their
City, required guarantees.
anuals, special . ent, spare parts, catalogs,
by specificat
ntractor onsultants.
ents, pla d permits.
ick off men s.
tin
ments.
ary (bound workbook) during construction, including a cumulative
qu. -s constructed, daily and weekly reports, working day reports,
rder entation, photographs and other documentation. Maintain a
'eld dia change order work.
Contrac 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.
reten
ords to the City within 60
ticing requirements, including but not limited
ine that the Contractor's work is being performed in accordance with the
irements 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 2 of 10
• 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 containin• a 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 Contrthe entire
project, showing percentages of completion.
o During the course of construction, maintain one set . ans, wi kings 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• act the project and enfor -cial
requirements of each.
• Quality Control
o The Consultant shall have a Quality Cont
assurance during the entire time work is in e
o for the accur. d completeness of the
The Consultant has respo •'lity
calculations, related doc
responsibility through the
Consultant's Quality Contr.
Contract and, at a minimum,
accordance with •ood engine
forth herei :Ily:
trol Plan
hecked, c
ce, by a pe
III
ai
penden
ccepted pr
the State
int.'
e
n sha
II en
ffect to assist quality
all other wo ‘'shed and shall meet that
f a Quail , trol�Plan. The
effec roughout the entire
is completed in
meets the standards set
ice and
it
establish a process whereby all work is
ted and back -checked, in accordance with
qualified and appropriately registered in
o al drawings and calculations shall be
f the Contract.
ion and checks shall be performed to ensure that conflicts and
ment do not occur between different design documents (i.e. plans
d with specifications).
Control Plan is functioning may be periodically confirmed by
Exhibit A
Page 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:
1. Prevailing Wage Compliance. If Contracting Pa
performing public works and maintenance projects, as describ
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, T
(collectively, the "Prevailing Wage Laws"), and
Section 3.12.040, which require the payment o
performance of other requirements on "Public wor
Services are being performed as part of an ap
project, as defined by the Prevailing Wage Laws,
five thousand dollars ($25,000.00) and/or alteration
work over fifteen thousand dollars ($15,000.00) is en
January 1, 2015 by this Agreement, .cting Party
Prevailing Wage Laws including,
maintenance of payroll records an
California Labor Code Section 1725.5,
contract for public work on a "Public wo
e
ontra
p
a contractor
this Section 1.3,
s. Contracting
ions et seq., and
, Sections ' I, et seq.,
Quinta Muni. Code
vailing wage rates the
nd "Main nance" projects. the
le "Publ. . ks" or "Maintenance"
ction work over twenty -
ion, repair or maintenance
nto or extended on or after
to fully comply with such
ents related to the
ntices. Pursuant to
tractor may be awarded a
unles gistered with the California
Department of Industri. s ("DIR e 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. ainta.' - P IR Public Works contractor registration
during the term .s -eme . racting Party shall notify City in writing
immediatel and in :se more than twenty-four (24) hours, after receiving any
infor - ontra. 'arty'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 '.rty to determine the correct salary scale. Contracting
y shall make s of t - prevailing rates of per diem wages for each craft,
.fication, or type worker needed to execute the Services available to interested
pa upon requesnd shall post copies at Contracting Party's principal place of
busi - nd at the ect site, if any. The statutory penalties for failure to pay prevailing
wage o .m. h State wage and hour laws will be enforced. Contracting Party
must forfe ENTY FIVE DOLLARS ($25.00) per day for each worker who works
in excess of 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 s 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
may be amended from time to time, and/or any other similar law.
acknowledges and agrees that it shall be independently responsi
applicable laws and regulations and effectuating compliance with
Party shall require the same of all subcontractors.
as the same
racting Party
r reviewing the
ws. Contracting
2. Retention. Payments shall be made in ac •ance with th- isions of
Article 2.0 of the Agreement. In accordance with said S s, City shall pay acting
Party a sum based upon ninety-five percent (95%) o ontract Sum apporti• t of
the labor and materials incorporated into the Se under th' Agreement dur • the
month covered by said invoice. The remaining f -rcent (5° ereof shall be retained
as performance security to be paid to Contractin
acceptance of the Services by the City Council o
furnished City with a full release of all undisputed pa
required by City. In the event there claims specs
Party from the operation of the releretain p
Code § 7107) of up to one hundred fif
failure to deduct or withhold shall not
Agreement.
3. Utilit
of existing main or
invitation for bi
incurred in loca
relocating such u
liquidated damages
utility
4. Tre
tion 7104, in the
four (4) feet in d
io
line util
specificati
epairin
if'
sixty (60) days after final
ter Contracting Party has
is under this Agreement, if
excluded by Contracting
s (per Public Contract
ount in dispute. City's
y's obligations under the
ty is resible for removal, relocation, or protection
to the - t such utilities were not identified in the
City shal burse Contracting Party for any costs
d by Contracting Party, and removing or
ity . Contracting Party shall not be assessed
y arising from the removal or relocation of such unidentified
tions. Pursuant to California Public Contract Code
the • rk included in this Agreement requires excavations more
the following shall apply:
tracting Party shall promptly, and before the following conditions
are dis •, 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 Code, 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 9) 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• •tracting Party
whether the conditions materially differ, or involve hazardous waste, or ' .e a decrease
or increase in Contracting Party's cost of, or time required for, perfor- e of any part of
the work, Contracting Party shall not be excused from any sch_ completion date
provided for by this Agreement, but shall proceed with all work p. ed under this
Agreement. Contracting Party shall retain any and all rights ided - by contract
or by law which pertain to the resolution of disputes and p -s s between •ntracting
Parties.
5. Safety. Contracting Party shall exec
injury or damage to any person or property. I
Party shall at all times be in compliance with all a
rules and regulations, and shall exercise all nece
employees appropriate to the nature of the work and th
is to be performed. Safety precautio
to: (A) adequate life protection and li
in accident prevention for all employ
scaffolds, fall protection ladders, brid
trenching and shoring, equipment and
apparel as are necess wfully
(C) adequate facilitie e • -r inspe
6. Li
delay in perfor
determine in the e
and shall pay to City
for e
her
day
r, as
e assesse
cribed in the S
nt of the Servic
d maint. i its work so as t oid
rying ou ervices, Contracting
ble , state, and federal laws,
cautions for the safety of
itions under which the work
licable shal •e, but shall not be limited
ment an. -dures; (B) instructions
ctors, .ch as safe walkways,
fined space procedures,
ty de s, equipment and wearing
to prevent accidents or injuries; and
and maintenance of all safety measures.
Since th -termination of actual damages for any
be extremely difficult or impractical to
ement, Contracting Party shall be liable for
of One Thousand dollars ($1,000.00) as liquidated damages
lay in the performance of any of the Services required
chedule of Performance. In addition, liquidated damages
ilure . ply with the emergency call out requirements, if any,
of Se ces. City may withhold from any moneys payable on
erformed by Contracting Party any accrued liquidated damages.
Wage Compliance. If Contracting Party is a contractor
perfor .ubli s and maintenance projects, as described in this Section 1.3,
Contracts ' ► all comply with applicable Federal, State, and local laws. Contracting
Party is awa the 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 •r "Maintenance"
project, as defined by the Prevailing Wage Laws, this projec .u. o compliance
monitoring and enforcement by the DIR. Contracting Party aintai will require
all subcontractors to maintain valid and current DIR Publ orks contrac istration
during the term of this Agreement. Contracting shall notify Cit riting
immediately, and in no case more than twenty-f' 24) hours, after receiny
information that Contracting Party's or any of its ontractor'' SIR registration atus
has been suspended, revoked, expired, or othe change- is understood that it is
the responsibility of Contracting Party to determin- or' alary scale. Contracting
Party shall make copies of the prevailing rates o • iem wages for each craft,
classification, or type of worker needeto execute the ices available to interested
parties upon request, and shall po• - 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 Day for each worker who
works in excess of the mi •' •u um workin 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. edition -- nities provided under this Agreement,
Contracting Party • - • (with co _ selected by City), indemnify, and hold City,
its electe• - ials, o employees, and agents free and harmless from any claim or
liabil' of a ure or alleged failure to comply with the Prevailing Wage
L. the . -s that, in connection with performance of the Services,
ion, a d all "Public works" (as defined by the Prevailing Wage
shall •ear all risks of payment or non-payment of prevailing
aw and/or the implementation of Labor Code Section 1781, as
the - • ed from time to time, and/or any other similar law. Contracting
Party . . d agrees that it shall be independently responsible for reviewing
the app - and regulations and effectuating compliance with such laws.
Contractin• hall require the same of all subcontractors.
t is agr
ding, without
s), Contracting
under Califor
may be a
wledg
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 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, r- on, or protection
of existing main or trunk -line utilities to the extent such utilitie - •entified in the
invitation for bids or specifications. City shall reimburse Co ing P. •r any costs
incurred in locating, repairing damage not caused by Co ting Party, a oving or
relocating such unidentified utility facilities. Contrac ' 'arty shall not b. essed
liquidated damages for delay arising from the remo relocation of such un 'fied
utility facilities.
10. Trenches or Excavations. Pursua Cal'' - Public Contract Code
Section 7104, in the event the work included in this A• requires excavations more
than four (4) feet in depth, the followin• shall apply:
(a) Contracting Part
are disturbed, notify City, in writing, o
may be material that is hazardous was
Safety Code, that is required to be remo
existing I
cated b
mitting b
nt materi
in accordance with provi
at the site different fr
bidders prior to the
site of any unu
generally reco
tly, and b- he following conditions
I that ► racting Party believes
n 25117 of the Health and
I, II, or Class III disposal site
subsurface or latent physical conditions
ormation about the site made available to
or (3) unknown physical conditions at the
rom those ordinarily encountered and
h aracter provided for in the Agreement.
(b) : I promptly investigate the conditions, and if it finds that the
condit'► .terial •iffer, or do involve hazardous waste, and cause a decrease
or i► a actin. y's cost of, or the time required for, performance of any
ge order per Section 1.8 of the Agreement.
or in
the wo
provided
Agreement.
or by law whic
Parties.
(c) I
r the condition
e in Contr
ntra
e event that a dispute arises between City and Contracting Party
aterially differ, or involve hazardous waste, or cause a decrease
g Party's cost of, or time required for, performance of any part of
arty shall not be excused from any scheduled completion date
greement, but shall proceed with all work to be performed under this
racting Party shall retain any and all rights provided either by contract
pertain to the resolution of disputes and protests between the contracting
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 % 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, confined sp-' ' procedures,
trenching and shoring, equipment and other safety devices, equip - and wearing
apparel as are necessary or lawfully required to prevent accid: or injuries; and
(C) adequate facilities for the proper inspection and maintenanc- afety measures.
12. Liquidated Damages. Since the determinatio - ctual . , . es for any
delay in performance of the Agreement would be extr- -ly difficult or ctical to
determine in the event of a breach of this Agreement, cting Party shall . -ble for
and shall pay to City the sum of One Thousand dollar- ,000.00) as liquidated • -•es
for each working day of delay in the performof any o he Services re, ired
hereunder, as specified in the Schedule of Perf• 'ce. In a• .n, liquidated damages
may be assessed for failure to comply with the e - c out requirements, if any,
described in the Scope of Services. City may wit any moneys payable on
account of the Services performed by Contracting Party . - ccrued liquidated damages.
Exhibit A
Page 13y 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 t . ting Par nstallment
payments made on a monthly basis and in an amount ' ified in Contr. ' 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 Agreemen
Exhibit B
Page3A. of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule.
Exhibit C
Page36 of 1
Exhibit D
Special Requirements
Exhibit D
Page3. 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 ce 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
Commercial Auto Liability (at least as broa
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Pag licable
Workers' Compensation
(per statutory requirements)
Must include the following end
Workers C. •- - ation wit of Subrogation
Workers ' ion Dec , on of Sole Proprietor if applicable
ry
OC
Co
concurrently with
against all claims
Contra
perf
i
n
Ge
Agree
y's
clause
racting Party'
ired to contribut
the City and i
iability poi
nd a
ocure d maintain, at its cost, and submit
t, Commercial General Liability insurance
against pe ins or damages to property resulting from
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
orma 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
ed by City prior to commencement of the services hereunder.
ting Party shall carry automobile liability insurance of $1,000,000 per
accident agai 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
Page34 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' Compens. Insurance in
accordance with State Worker's Compensation laws with employ-' ''ility limits no less
than $1,000,000 per accident or disease.
Contracting Party shall provide written notice CI y within to i working
days if: (1) any of the required insurance policies is ter -d; (2) the limits • of the
required polices are reduced; or (3) the deductible o -insured retention is 1 ed.
In the event any of said policies of insurance are led, Con .cting Party sha .nor
to the cancellation date, submit new evidenc: suranc- onformance with this
Exhibit to the Contract Officer. The procuring of s
or certificates evidencing the same shall not be con
Party's obligation to indemnify City, its officers, emplo
or agents.
E.2 Remedies. In addition to
Party fails to provide or maintain any 1
extent and within the time herein require
a. Obtai
premiums for such
b.
withhold any pa
Contracting Party
No
Contr
property
Exercis
edies City may
cting Party's f
erein cont
Party
ti
,
at
r the delivery of policies
a limitation of Contracting
contractors, subcontractors,
y have if Contracting
olicy endorsements to the
e option:
rance . deduct and retain the amount of the
any sum • e under this Agreement.
to •p work under this Agreement and/or
e to Contracting Party hereunder until
es compliance with the requirements hereof.
Agreement.
of the ove remedies, however, is an alternative to any other
e. The above remedies are not the exclusive remedies for
e 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
under this • ent.
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
Page32 of 5
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
available or applicable to this Agreement are intended t
policies. Nothing contained in this Agreement or any o
its operations limits the application of such insuranc
ontr. Party and
p y to the fu - nt of the
greement relate City or
rage.
4. None of the coverages required n will be ' •mpliance with these
requirements if they include any limiting endorse •f a d that has not been first
submitted to City and approved of in writing.
5. No liability policy shall
to eliminate so-called "third party ac
injury to an employee of the insured o
6. All coverage types and lim
and additional requireme. the City,
make any reductions ' . , cover
reduction of discov_ -rind) t' ay a
consent.
7. Pro
certificates of insur
endors
prior
d
a
pal
ed as re
cement cove
rance it deems
ay the premi
ontracting
n any provisio •efinition that would serve
inns, inclu. . ny exclusion for bodily
r or sub tractor.
t to approval, modification
eed arises. Contracting Party shall not
a e.g. elimination of contractual liability or
ffe, ity's protection without City's prior written
insurance requirements, consisting of
ncing all the overages required and an additional insured
Contr. • Party's general liability policy, shall be delivered to City at or
reement. In the event such proof of any insurance is not
event such insurance is canceled at any time and no
is prop d, City has the right, but not the duty, to obtain any
ssary to protect its interests under this or any other agreement
Any premium so paid by City shall be charged to and promptly
y or deducted from sums due Contracting Party, at City option.
8. t nowledged by the parties of this agreement that all insurance
coverage r- . to be provided by Contracting Party or any subcontractor, is intended
to apply first . d 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
Page4 of 5
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 further ag
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
declared to the City. At that time the City shall review opt
which may include reduction or elimination of the de
substitution of other coverage, or other solutions.
11. The City reserves the right at any
change the amounts and types of insurance re
ninety (90) days advance written notice of such
substantial additional cost to the Contracting Party,
compensation proportional to the inc • benefit to Cit
12. For purposes of applyin
deemed to have been executed immed
can be deemed to be in furtherance of o
13. Contrac
failure on the pa
insurance requir
waive any righ
or its e
agr
a
14. Contr
ason. Te
ement to that e
or
ity to
t in no w
under i
ag
ligati
ion
knowle•
rm Con
poses a
•the
any self -insured
ein (with the
at it will not
r person in any
this agreement
ge includes a
red r- .n must be
with the Co g Party,
le or self -insure. -ntion,
uring th
by
age
of this Agreement to
g the Contracting Party
such change results in
will negotiate additional
is Agreement will be
ereto taking any steps that
e of this Agreement.
and agrees that any actual or alleged
ting Party of non-compliance with any
dditional obligations on City nor does it
gard.
y will renew e required coverage annually as long as City,
ce an exposure from operations of any type pursuant to this
ies whether the agreement is canceled or terminated for
obligation is not effective until City executes a written
15. Contrac Party shall provide proof that policies of insurance required
her- .firing duri e term of this Agreement have been renewed or replaced with
other • -s prov' . at least the same coverage. Proof that such coverage has been
ordered • bmitted prior to expiration. A coverage binder or letter from
Contracting s insurance agent to this effect is acceptable. A certificate of insurance
and an additial insured endorsement 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
Page44 of 5
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 eference to a
given coverage feature is for purposes of clarification only as it pertai - 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
any other provision in this Agreement and are intended
interpreted as such.
d distinct from
here to be
19. The requirements in this Exhibit supers I other sections and . ions
of this Agreement to the extent that any other secti provisionconflicts with or .airs
the provisions of this Exhibit.
20. Contracting Party agrees to be resp
used by any party involved in any way with the proje
or Contracting Party for the cost o • • itional ins
agreement. Any such provisions ar. -ted
intent of City to reimburse any th
requirements. There shall be no recou
amounts with respect thereto.
21. Contrac
or loss against Con
City assumes no
to monitor the
u ra
with re
cost
ensuring that no contract
rves the right to charge City
overage required by this
e to City. It is not the
omplying with these
ment of premiums or other
rees to ide immediate notice to City of any claim
ising out e work performed under this agreement.
ity by suc tice, but has the right (but not the duty)
or c s if they are likely to involve City.
Exhibit E
Pagej of 5
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the
professional standard of care for Contracting Party's Services, t
permitted by law, Contracting Party shall indemnify, protect,
selected by City), and hold harmless City and any and all of its
agents ("Indemnified Parties") from and against any and all
every kind, nature, and description, damages, injury (incl
to or death of an employee of Contracting Party or
expenses of any kind, whether actual, alleged or thre
incidental and consequential damages, court cos
and fees of expert consultants or expert witnes
costs of investigation, to the extent same are cau
or wrongful act, error or omission of Contracting Pa
subcontractors (or any entity or individual that Cont
liability thereof) in the performance o
respect to the design of public impro
any injuries or property damage result
than that specified in Exhibit A without
b. Indemni
performance of profe
Party shall indem
Indemnified Pa
actions, arbitr
losses, expenses
without limitation,
litigati
con
c
quence of,
Agreement by
is legally liab
tractors of Co
s, to
, without
subcontracto
d, including, without
orneys' f-es, litigation ex
curred i
wh
ssional servic
Contracti
of the
stablishes a
fullest extent
(with counsel
mployees, and
liabilities of
on, injury
is and
tion,
es,
ection therewith and
in part by any negligent
ers, agents, employees or
Party shall bear the legal
der this agreement. With
y shall not be liable for
ign at a location other
e Contracting Party.
for Othe rofessional Liability. Other than in the
es and e full extent permitted by law, Contracting
counso -lected by City), and hold harmless the
inst any ity (including liability for claims, suits,
trat proceedings, regulatory proceedings,
r actual, alleged or threatened, including,
and consequential damages, court costs, attorneys' fees,
s of expert consultants or expert witnesses) incurred in
s of investigation, where the same arise out of, are a
attributable to, in whole or in part, the performance of
ractinarty or by any individual or entity for which Contracting
including but not limited to officers, agents, employees, or
cting Party.
nity Provisions for Contracts Related to Construction (Limitation on
Indemnit h affecting the rights of City under any provision of this agreement,
Contracting shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page41 of 2
d. Indemnification Provision for Design Professionals.
1. Applicability 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
standard of care for Contracting Party's Services, to the fullest ext
Contracting Party shall indemnify and hold harmless City and an
employees, and agents ("Indemnified Parties") from and ag
liabilities of every kind, nature, and description, damage
limitation, injury to or death of an employee of Contractin
costs and expenses, including, without limitation, incide
court costs, reimbursement of attorneys' fees, litig
consultants or expert witnesses incurred in
investigation, to the extent same are caused b
omission of Contracting Party, its officers, agents,
entity or individual that Contracting Party shall be
performance of professional services under this agree
of public improvements, the Contr
property damage resulting from the
specified in Exhibit A without the writt
3. Design Professio
term "design profession
engineers, licensed p
under current law,
F.2
to obtain execut
herein this Exhibit
subco
Co
f
a
and
heirs
g
obtain s
y agrees to be
nitor complianc
in no way ac
d City as
racti
0
e limite
nd sury
mended
ury (I
or of a
professional
rmitted by law,
all of its officials,
nd all losses,
ng, without
ny ntractor),
nd consequent!
expenses, and fees
ection t-rewith and c
neglige
loy
arty shall no
design
ontra
As
ages,
ert
of
wrongful act, error or
r subcontractors (or any
gal liability thereof) in the
With respect to the design
liable for any injuries or
cation other than that
Party.
in this Section F.1(d), the
nsed architects, registered professional
s and landscape architects, all as defined
time to time by Civil Code § 2782.8.
'fic. •n Provisions. Contracting Party agrees
th provisions identical to those set forth
plicable to the Contracting Party, from each and every
person or entity involved by, for, with or on behalf of
ance of this Agreement. In the event Contracting Party
ligations from others as required herein, Contracting
respon •le according to the terms of this Exhibit. Failure of City
'th these requirements imposes no additional obligations on City
a waiver of any rights hereunder. This obligation to indemnify
rth in this Agreement are binding on the successors, assigns or
rty and shall survive the termination of this Agreement.
Exhibit F
Page42 of 2
- CALIFORNIA -
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, (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.
lam
(Title)
of
(Company)
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
45
Pr
tigrai
CAif l ORN1.1
ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, (name) hereby declare as follows:
l am 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:
46
- 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.
SIGNATURE INDICATING RECEIPT
47
tigrai
CAif l ORN1.1
ATTACHMENT 5
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.
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.
48