2008 RBF Consulting/Development ReviewPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree
as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Development Review
& Condition Writing Services, as specified in the "Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by this reference (the "services" or
"work"). Consultant warrants that all services will be performed in a competent,
professional and satisfactory manner in accordance with the standards prevalent in
the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with applicable ordinances, resolutions, statutes, rules, regulations
and laws of the City of La Quinta and any Federal, State or local governmental
agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
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1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to generally accepted standards of quality and workmanship.
Consistent with Section 1.4 hereinabove, Consultant represents to City that it
holds the necessary skills and abilities to satisfy such standards of work as set
forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Twenty -Five Thousand Dollars
($25,000.00) (the "Contract Sum"), except as provided in Section 1.6. The
method of compensation set forth in the Schedule of Compensation may include a
lump sum payment upon completion, payment in accordance with the percentage
of completion of the services, payment for time and materials based upon
Consultant's rate schedule, but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation. Compensation
may include reimbursement for actual and necessary expenditures for reproduction
costs, transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation. Consultant shall not be
compensated for travel time to and from the work site(s).
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance") subject to adherence to sound
professional practices and procedures. Extensions to the time period specified in
the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the services rehdered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. The term of this agreement shall commence on June 16, 2008
and terminate on June 30, 2009 (initial term). This agreement may be extended
for two (2) additional year(s) upon mutual agreement by both parties (extended
term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion
of the services, except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Tim Jonasson, Public
Works Director/City Engineer or such other person as may be designated by the
City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
j 4.4 Independent Contractor. Neither City nor any of its employees shall have
j_ any control over the manner, mode or means by which Consultant, its agents or
iemployees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
'providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Iniurv/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
i Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against negligent
acts, errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are authorized carriers in the State of California and with an A.M. Bests rating
of "A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
including reasonable court costs, attorneys' fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs
of investigation, to the extent same are cause in whole or in part by any negligent
or wrongful act, error or omission of Consultant, its officers, agents, employees or
subconsultants (or any entity or individual that Consultant shall bear the legal
liability thereof) in the performance of professional services under this agreement.
With respect to the design of public improvements, the Consultant shall not be
liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit C without the written consent of the
Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses) incurred in connection
therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for
which Consultant is legally liable, including but not limited to officers, agents,
employees or subconsultants of Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
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2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Desian Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. _ It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable, . A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific .reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to .completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly; interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calls Tampico
P.O. Box 1504
La Quints, California 92247-1504
To Consultant:
RBF Consulting
Attn: Brad Donais, P.E.
74-130 Country Club Dr., Ste 201
Palm Desert, CA 92260-1655
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
APPROVED AS TO FORM:
& e
A. Katherine Anson, City Attorney
CONSULTANT: RBF Consulting
By:
Name: A,c ele4l 2. VlaA.0
Title: r/el �Pi....t�.•-L
Date: G/9/08
Exhibit A
Scope of Services
EXHIBIT A
PROPOSAL TO PROVIDE THE CITY OF LA QUINTA WITH ON -CALL DEVELOPMENT
REVIEW AND CONDITION WRITING SERVICES WITH RESPECT TO THE MUNICIPAL
ENGINEERING ASPECTS OF PROPOSED DEVELOPMENT PROJECTS
Exhibit A - Scope of Work
The Consultant, RBF Consulting (RBF) shall provide the following services to the Client, City of La
Quinta as set forth in the RFP:
1. Orientation:
a. Learn the City development review process;
b. Acquire text files of boiler plate conditions of approval used for proposed developments;
c. Acquire understanding of key issues that need attention during the project review and
condition writing process;
d. Establish ongoing operating procedures between City staff and the Consultant for on -call
services.
2. On -Call Services:
a. Report to City Hall when called upon to pick up project documents for review, and meet
with City staff, as needed, to be briefed on project particulars;
b. Field review project and prepare draft set of proposed conditions of approval for review
by City staff, including preparation of "conditions" that are needed to address unique
aspects of proposed project;
c. Attend scheduled development review meetings, as needed, to brief City staff on
findings and coordinate additional relevant details and preparation, as needed, to finalize
the review of package for Planning Commission and/or City Council consideration;
d. Revise conditions as needed pursuant to Planning Commission or City Council direction;
e. Prepare preliminary comments of initial submitted packet from Planning Department and
determination of completeness.
Statements
1. The Request for Proposals (RFP) prepared by the City shall be incorporated in its entirety as a
part of this proposal.
2. The RFP as supplemented with this RBF Proposal shall become part of the Agreement for
Professional Consultant Services for this project and when said Agreement is fully executed by
the Consultant and the City of La Quints. RBF's proposal under the heading "Exceptions or
Additions to the City's Request for Proposal" suggests modifications to the City Agreement.
Refer to Appendix.
3. Professional services will be provided, and fees invoiced, in accordance with the City's RFP
4. RBF will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual preference, marital status, national origin, mental or physical
disability.
May 30, 2008 2-1 PF
JN 20-101007
CONSULTING
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed Twenty Five Thousand Dollars ($25,000.00)
except as specified in Section 1.6 - Additional Services of the Agreement.
Consultant shall not be reimbursed for travel time to and from the work site(s).
CYW1n1T R
PROPOSAL TO PROVIDE THE CITY OF LA QUINTA WITH ON -CALL DEVELOPMENT
REVIEW AND CONDITION WRITING SERVICES WITH RESPECT TO THE MUNICIPAL
ENGINEERING ASPECTS OF PROPOSED DEVELOPMENT PROJECTS
Exhibit B-1 - Compensation
As stated in the RFP:
1. All charges for professional consultant services are on a "Time and Material" basis invoiced
monthly, and payment will be for actual time and materials expended in furnishing the
authorized professional services.
2. A copy of RBF's hourly rate schedule (Exhibit B-1) is attached and said hours rate schedule is
a part of the proposal for use in invoicing for progress payments and for extra work incurred that
is not part of the RFP.
3. The City will pay RBF for all actual time and materials expended in furnishing all authorized and
acceptable Professional Consultant Services.
4. All tasks including labor and reimbursable cost such as mileage, printing, telephone,
photographs, postage and delivery shall have supporting documentation presented at the time
payment is requested.
5. The City will pay RBF for all acceptable services rendered in accordance with the executed
°Agreement for Professional Consultant Services."
6. When RBF is performing, or is requesting to perform, work beyond the scope of services in the
"Agreement for Professional Consultant Services," an "Amendment to the Agreement" will be
executed between the City and RBF.
7. Consultant will not be reimbursed for travel time to and from the work site.
May 30, 08 2-2
JN 20-1010-101007 law
CONHIILTINH
FBF
■ s
CONSULTING
EXHIBIT B-1
HOURLY RATE SCHEDULE
Effective January 2008 through December 2008
2008
OFFICE PERSONNELS / hr.
SeniorPrincipal..........................................................................................................250.00
Principal.....................................................................................................................230.00
ProjectDirector........................................... ..... .....................................
...................... 210.00
SeniorProject Manager.............................................................................................198.00
ProjectManager ........ - ...............................................................................................185.00
StructuralEngineer.....................................................................................................185.00
TechnicalManager.....................................................................................................172.00
SeniorEngineer..........................................................................................................155.00
SeniorPlanner............................................................................................................155.00
ElectricalEngineer.....................................................................................................149.00
Landscape Architect ...................................................................................................145.00
SeniorGIS Analyst.....................................................................................................142.00
ProjectEngineer
......................... ........... .......................... ..........
........... ........ ...... ....---- 140-00
ProjectPlanner
...........................................................................................................140.00
Environmental Specialist............................................................................................131.00
Design Engineer/Senior Designer/Mapper.................................................................128.00
GISAnalyst........................................................... ................................
...................... 116.00
Designer/Planner...................... ...........................................................
....................... 111.00
GraphicArtist............................................................... ................
......... ........... ............. 94.00
Environmental Analyst/Staff Planner............................................................................94.00
DesignTechnician........................................................................................................92.00
Assistant Engineer/Planner..........................................................................................88.00
Engineering Aid/Planning Aid.......................................................................................71.00
FIELD PERSONNEL
2-Person Survey Crew...............................................................................................230.00
1-Person Survey Crew...............................................................................................160.00
LicensedSurveyor......................................................................................................166.00
FieldSupervisor.........................................................................................................163.00
Resident Engineer Project Manager...........................................................................147.00
Senior Construction Inspector....................................................................................116.00
ConstructionInspector...............................................................................................112.00
FieldOnce Engineer..................................................................................................106.00
ConstructionTechnician...............................................................................................92.00
OTHER SERVICES AND FEES
ProjectCoordinator....................................................................................................105.00
PermitProcessor..........................................................................................................79.00
ClericalNyordProcessing................................................................................4............61.00
Consultation Relative to Legal Actions.......................................................................350.00
VehicleMileage ............................ ............ ....................... .....................
................... ....... 0.60/Mile
Note:
Blueprinting,reproduction, messenger service and otherdirectexpenawyAl becharged man additional cost plus 15%. A$ubm wftantManagamentFee
offifteen-percent (15%) wit be added to the direct cost Mall subconsultantservices 10 provide for the cost of administration, subconsulgntmnsuftlim mid
._ . insurance
Exhibit C
Schedule of Performance
Consultant shall complete services presented within the scope of work
contained within Exhibit "A" in accordance with the City agreed upon schedule.
EXHIBIT C
CONSULTING
May 30, 2008
Mr. Tim Jonasson, P.E.
Director of Public Works
City of La Quinta
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92247-1504
JN 20-101007
Subject: PROPOSAL TO PROVIDE ON -CALL DEVELOPMENT REVIEW AND CONDITION
WRITING SERVICES TO THE MUNICIPAL ENGINEERING ASPECTS OF
PROPOSED DEVELOPMENT PROJECTS
Dear Mr.Jonasson,
RBF Consulting (RBF) is pleased to present this proposal for services to the City of La Quinta (City)
to augment City staff with on -call consulting, capable of reviewing proposed residential and
commercial development projects and drafting appropriate conditions of approval for Planning and
City Council consideration and approval. Our companys local experience in working with the City,
local agencies, and communities on projects similar to this, is the greatest contribution we offer.
We have reviewed the Request for Proposals (RFP) to understand the specific needs of the City for
this project.
The advantages of the RBF Team inc ude:
4• Our Project Director, Brad Donais, PE, with over 13 years of professional service, on
I numerous public and private projects involving municipal engineering within the
Coachella Valley.
� �:• A depth of resources within RBF providing the organizational strength to begin work
immediately on any task -order assignment. RBF employs over 670 technical and
support personnel in Southern California who can be utilized to provide support as the
I need arises.
Ij
A dedicated reputable firm committed to meeting schedules, budgets, and delivering
high quality, biddable and constructible projects.
C• Familiarity and working relationships with the City, especially on SilverRock, that
involves excellent communication among consultants, City staff and other local
agencies.
As a company that is local and presently working with the City of La Quinta, RBF welcomes the
opportunity to continue providing our services as a consultant to the City. We understand the
1 importance of this project and the positive impact it will have on residents, developers, business and
community development. We wish to solidify your success by providing the professional services
PLANNING ■ DESIGN a CONSTRUCTION
74-130 Country Club Drive, Suite 201, Palm Desert, CA 92260-1655 • 760.348.7481 • Fax 760.346.8315
j GHxuas located throughout Caafomia, Arimns & Nevada ■ wwwA8r.wm
Wmam maw.ee
Mr. Tim Jarassm, RE
City of La Quinta
May 30, 2000
JN: 20-100107
needed for this project and look forward to the assisting the City to reach their goals for future
responsible growth.
If you have any questions or require additional information, please do not hesitate to contact me at
(760)346-7481.
I
Sincerely,
Bradley R. Mielke, SE, PE
Senior Vice President
I ; Principal
Attachments:
Proposal including:
- Project Understanding
- Resumes
- Scope of Worts
- Compensation
- Appendix
l
CONSULTING
PLANNING • DESION • CON➢TNNCTION
PROPOSAL TO PROVIDE THE CITY OF LA QUINTA WITH ON -CALL DEVELOPMENT
REVIEW AND CONDITION WRITING SERVICES WITH RESPECT TO THE MUNICIPAL
ENGINEERING ASPECTS OF PROPOSED DEVELOPMENT PROJECTS
Back1.ground and Understanding
RBF is grateful for this opportunity to continue our working relationship with the City of La Quinta in
augmenting the City Staff with on -call services to review proposed residential and commercial
development projects and drafting appropriate conditions of approval for Planning Commissions and
City Council consideration and approval. We have enjoyed participating in the success of projects
within the City of La Quints for many years and are committed to serve the City in it's goal to provide
future responsible development. During our 22 years in the Coachella Valley, RBF has taken an active
roll in working with the City of La Quinta with their public works improvement projects as well as for
private residential and commercial developments, and is proud of our role in making La Quinta one of
the most desirable places to live and work in California.
RBF is uniquely qualified for this assignment by being familiar with the City's staff, their requirements
and procedures, having worked for and with the City on municipal and commercial projects. In addition,
RBF is familiar with all engineering requirements of residential development having completed
numerous private residential developments in the Coachella Valley. The representative projects are
listed below and supplemented with specific additional information on various projects provided later in
this proposal:
SilverRock Golf Course and Clubhouse (City of La Quinta)
4• Highway 111 Improvements (City of La Quints)
•: Jefferson Street Improvements Avenue 54 to Highway 111 (City of La Quinta)
40t Jefferson Bridge Over Whitewater Channel (City of La Quinta)
:• Eisenhower Medical Center- Ambulatory Care Center (City of La Quinta)
o'• Madison Square Commercial Center on Highway 111 (City of La Quinta)
:+ Eisenhower Drive Improvements (City of La Quinta)
•> Marriott Shadow Ridge Resort (City of Palm Desert)
•b Eisenhower Medical Center Campus (City of Rancho Mirage)
Ao Falling Waters, Residential Development (City of Palm Desert)
University Park, Commercial (City of Palm Desert)
Foxstone Residential Development (City of Indio)
•S Somerset Residential Development (City of Coachella)
d• Tournament Hills Residential Development (City of Beaumont)
All of these projects required extensive knowledge of engineering design issues including site design,
grading, drainage, traffic studies, ADA, mapping and survey, which indicates RBF's thorough
understanding of how to comply with all requirements of local and regional issues for development.
May 30,2008 1-1
JN 20-101007 . .
ooneu�nwo
PROPOSAL TO PROVIDE THE CITY OF LA QUINTA WITH ON -CALL DEVELOPMENT
REVIEW AND CONDITION WRITING SERVICES WITH RESPECT TO THE MUNICIPAL
ENGINEERING ASPECTS OF PROPOSED DEVELOPMENT PROJECTS 0
Most recently, RBF has been working for the City of La Quints for the SilverRock Golf Course and
Clubhouse project, providing complete civil engineering services and working closely with various local
agencies and the design team to for the success of this retail, hotel, and golf course development. It
involves working with City staff to identify and resolve planning and engineering issues, regular
attendance at Planning Commission and City Council meetings to respond to issues important for
numerous approvals.
Project Assignment and Schedule
We understand the City does not want a team of individuals to provide the services, and that a speck
individual shall be designated for this assignment.
Mr. Brad Donais is RBF's Project Director for the SilverRock project and due to his familiarity with the
City and municipal engineering issues and the City's review process, we propose Mr. Donais be
assigned to this on -call assignment for the City of La Quinta. With his proven experience on the
SilverRock project as well as several other local project assignments, he is well versed in conditions
that may be required in developing residential and commercial real estate projects.
Brad is continuously in contact with City staff and the design team on a daily basis, and familiar with the
City and other local agency requirements. In addition to understanding the technical Issues, such as
drainage and traffic management concepts. He is familiar with the City's review process and an
excellent communicator with writing and presentation skills necessary for this assignment, providing
meeting reports, notes, and attending City Planning and City Council and Design Team meetings.
Brad's resume is provided in this proposal. He will be available for the duration of the project as stated
in the RFP from June 16,2008 to June 30, 2009 based on a review of his current workload.
As an added benefit, and as mentioned in the RFP, RBF is able to provide additional professionals that
may assist Mr. Donais if the need arises. Specifically, Carlos Ortiz, P.E., T.E., PTOE can be called
upon to review and comment on traffic issues. His local experience over the last 10 years includes
preparing traffic impact and parking studies, signal design, traffic handling, signing and striping designs.
Anna Lantin, P.E., a leader in the area of local Water Quality Management and drainage issues and
can be used as a resource to review requirements in these areas.
May 30, 2008 1-2 PF
JN 20-101007
conauLnno
Brad Donate, PE
Project Manager
Registration:
1999, Civil Engineer, MN, Z6245
2005, Civil Engineer, CA, 68828
Years of Experience: 13
Education:
B.S.,1994, Civil Engineering, University
of North Dakota, Grand Forks
Professional Affiliations:
Member, American Public Works
Association
Board of Directors, American Public
Works Association, Desert Chapter
Mr. Donis has extensive experience in the area of municipal/public
works engineering. He has served as program manger for public
agencies responsible for oversight of public facilities improvements,
prepared plans, specifications, and estimates (PS&E) for public and
private sector clients including local, county, state, and federal
agencies and various cities. Additionally, Mr. Donis has prepared
reports for Feasibility Studies and Environmental Assessments and
has been responsible for project status meetings and public
participation in projects, including public meetings and hearings.
Mr. Donis has attended training sessions on Improving
Effectiveness of Public Meetings and Hearings (FHWA), Roadside
Design (AASHTO), Context Sensitive Design (FHWA and the
Minnesota Department of Transportation) and the design of System
and Service Interchanges (ASCE).
RELEVANT EXPERIENCE:
SilverRock Resort and Clubhouse — Phase II Improvements (La
Quinta, CA) - Project Manager responsible for the design plans and
coordination with the City of La Quints for the development of
streets, sewer, water, irrigation and storm drain systems. This project
involved extensive hydrology considerations over the entire 300 acre
site as well as flows from off -site areas.
Jefferson Street Widening/Reconstruction Project - Phase 11 (La
Quints and Indio, CA) - Project Engineer responsible for the review
and coordination of the final design services for approximately two
and one half miles of Jefferson Street in the County of Riverside and
the Cities of La Quints, and Indio, California. This $18.0M project
consists of the widening of Jefferson Street from two to six lanes from
Highway III to Indio Boulevard. The work also includes the
construction of a now bridge over the Whitewater River.
Miles Avenue Bridge over the Whitewater River (Indio, CA) — Project
Manger responsible for the review, coordination of the final design
services for the roadway reconstruction and bridge construction
project. This estimated $15.0 million project consists of the
construction of an all weather crossing of the Whitewater Channel,
and widening from 2 lanes to 4 lanes for 0.90 mile along Miles
Avenue and 0.50 mile along Clinton Street.
State Highway 111 Improvements (La Quints, CA) — Project
Manager responsible for the design and coordination of the
preparation of the CEQA Environmental Document and associated
studies, Caltrans Encroachment Permit coordination, preparation of
right of way legal and exhibits for land dedications and preparation of
the final design plans. This project will widen the existing roadway to
the ultimate section as described in the City of La Quints's General
Plan, as well as add deceleration lanes and dual left turn lanes at all
of the major intersections. Installation of the dual left turn lanes also
cvHeu�rivv
Brad Donals, PE
Project Manager
required the signal modification of four traffic signal systems. This
project also required significant coordination with three adjacent
developments to ensure that all civil plans would match in the future.
University Park CFD (Palm Desert, CA) — Project Manager
responsible for the design and coordination of the design services for
this $13 million project which included approximately 2.5 total miles
of on -site streets, 2.2 miles of off -site street widening, 6,850 lineal
feet of retaining wall, 12,500 lineal feet of water main, 7,300 lineal
feet of sewer main four new signal systems and two signal
modifications. In addition, Mr. Donis was also responsible for the
preparation of the preparation of the final bid packages for both the
civil improvements as well as the dry utility and preparation of the
final Engineers Estimate for bidding purposes.
Oak Valley Parkway, Pardee Homes Tournament Hills (Beaumont,
CA) — Project Manager responsible for coordination, final plans and
specifications for widening 1.7 miles of Oak Valley Parkway adjacent
to Pardee Homes and Ryland Homes development projects in the
vicinity of the Southern California PGA Course in Beaumont. This
project will widen the existing two lane rural roadway to a 4 and 6
lace urban section with median. In addition to the coordination with
other developers and their civil consultants, Mr. Donis also
coordinated with the Southern California Gas Company on the
relocation of a 30" high pressure gas main for the length of the
project
Desert Lawn Drive, Pardee Homes Tournament Hills (Beaumont,
CA) — Project Manager responsible for coordination and final plans
for widening 1.1 miles of Desert Lawn Drive adjacent to Pardee
Homes and Ryland Homes development projects in the vicinity of
the Southern California PGA Course in Beaumont. This project will
widen the existing two lane rural roadway to a 4 lane urban section.
This project also included the construction of a 20' retaining wall to
minimize the impacts to the adjacent SC PGA golf Course.
All American Canal Improvements at Avenue 40 and Madison Sheet,
(Indio, CA) 2007 - Project Manager for canal improvements including
road crossings consisting of box culverts, warped wing walls, canal
lining and diversion channels to maintain flows in the canal. The
project involved coordination with the City of Indio for street
improvements, utility crossings, local developer, and CVWD for
maintaining downstream deliveries of irrigation water supply.
All Americas Canal Improvements at Avenue 50 and Madison Street,
(Indio, CA) 2007 - Project Manger for canal improvements including
road crossings consisting of box culverts, warped wing walls, canal
lining and diversion channels to maintain flows in the canal. The
project involved coordination with the City of Indio for street
improvements, utility crossings, local developer, and CVWD for
maintaining downstream deliveries of irrigation water supply.
FW
cowau�n�a
Exhibit D
Special Requirements
Consultant agrees to attend meetings with City staff at La Quinta City Hall in
order to discuss and review work, as deemed necessary by the City.
rue.ae. AORR
RBFCONSUL
CDRDn CERTIFICATE OF LIABILITY
INSURANCE
17107°m'
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711-0550
714 427.6810
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
.. RBF Consulting
PO Box 57057
Irvine, CA 92619.7057
INSURER A. Travelers Property Casualty Co Of Am
INSURER a National Union Fire Ins Co of Pittsb
INSURER c: Underwriters at Lloyd's of London
INSURER O:
INSURERE
COVER,.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OF INSURANCE
POLICY NUMBER
POUCYEFFECTTVE
11/30/07
POUCYEI( TION
11130108
�Itm
630SOOD4092TIL07
EACH OCCURRENCE
$1000000
r1REOAMAGE(Myw.An)
f1000000
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i 0 000
MS MADE FXOCCUR
VGIAGREA
INDP.CONTRACTORS
PERSONAL&ADVINJURY
f1000000
ACTUAL
INCLUDED
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GENERALAGGREGATE
$2 000 000
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LIM ITAPPLIES
PER:
PRODUCTS-COMPNPAGG
f2000000
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LOC
'MLEUABILm
$1050OD4092TIL07
11130/07
11/30/08
COMBINED SINGLE LIMIT
s1,000,000
AUTO
BODLY INJURY
f
OWNED AUTOS
(Nrpe )
EDULEDAITTOS
BODILY INJURY
i
RGMAIAGE
EDAVTOS
.OWNED AUT09
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PROPERTY DAMAGE
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LIABILITY
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AUTO ONLY: AGO
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EXCEss uABILDY
BE9834351
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EACH OCCURRENCE
f 10 000 000
AGGREGATE
$10,000,000
X1 OCCUR CWMS MADE
Professional Liab
i
Is Excluded
f
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f
RETENTION f
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WORKERS COMPENSATION AND
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EL DISEASE - POLICY UMIT
13
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OTMER Professional
IP1079400
11130/07
11130108
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OMRAnGNEA.00ATNINBNEHICLEBIEXCWSIONS ADDED BY ENDORSEMENTIBPECW. PROVISIONS
General Liability policy excludes Claims arising out of the performance of professional
services
Evidence of coverage in force.
For Proposal Use Only
ACORD 25-5 (W97A of 1 #M210772
CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUWG INSURER WILL ENDEAVOR TO MAIL 30_ DAIS WRITTEN
E TOTHE CER MXM HOLDER NAMED TOTHE LEFT, BUTFAILURE TO DO SO SHALL
NOOK LIGATION OR L"IL"OF ANY KIND
RLL
OR
® ACORD CORPORATION 198E
AC-0-8-D. CERTIFICATE OF LIABILITY INSURANCE OPID DATE INMIDDI YTT)
RSSCO-1 06 25 07
PRODUCER
United Captive Iris. Brokers'
17151 Newhope St., Ste 211
Fountain Valley CA 92708
Phone: 714-708-4370 Fax:714-708-2300
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOII
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AM END, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
NAIC 9
INSURED
RBF Consulting, Inc.
14725 Alton Parkway
Irvine CA 92718
INSURERA: G.S. FidelAtj and GMAXIIaty Co.
25887
INSURER E:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
T/PEOFINSURANCE
POLICY NUMBER
DATfi IMM CEDm
POLICY
MMID AMN
LINRB
GENERAL LIABILITY
COMMERCIAL GENERAL LNBLITY
CI -AIMS MADE ❑ OCCUR
EACH OCCURRENCE
S
PREMISES Ea occunnaa
S
NED EXP (Any ow panda)
F
PERSONAL S ADV INJURY
S
GENERALAGGREGATE
S
GENT AGGREGATE LIMITAPPLIES PER
O.
POLICY JEEu LOG
PRODUCTS-COMPMPA00
$
AUTOMOBILE
LIABILITY
ANYAUTO
ALL GW NED AUTOS
SCHEDULED AUTOS
HMEDAUTOS
NON NEDAUTOS
COMBINED SINGLE LIMIT
(Ea acclOra)
S
BODILY INJURY
(Par person)
S
BODRY INJURY
(Paracca nl)
S
PROPERTY DAMAGE
(Par accident)
S
GARAGE LIABILITY
ANYAUTO
AUTOONLY-EAACCIDENT
5
OTHER THAN EAACC
gUTOONLY: AGO
$
S
EXCESSNMBRELLAUABILITY
OCCUR CI -AIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
S
AGGREGATE
$
S
$
$
A
WORKERS COMPENSATION AND
ANYRIPARTNERIEXECUTNE NPLOYERS'LIABIUTY
OFFlCERIMEMBEMEMB ER EXCLUDED?
Il sACdncdEeuMer
SPEAL PROVISIONS lmM
D123WO0157
07/01/07
07/01/08
X I TORY LIMITS ER
E L. EACH ACCIDENT
31000000
EL. DISEASE -EA EMPLOYE
$SOOOOOO
EL. DISEASE - POLICY LIMIT
$1000000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*10 days notice of cancellation for non-payment of premiTVD.
CERTIFICATE HOLDER CANCELLATION
EVIDENC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •30 DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOWER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY MIND UPON TIME INSURER, ITS AGENTS OR
Evidence of Insurance
REPRESENTATIVES.
.-y - . F .Y •„ _ -
•� - ^`
"AUTIORMED"REPRESENTATNE
Mark Barrie
ACORD 26 (2001108)
UhK11r'1UA1h
NON -TRANSFERABLE -
bent BushmssOwn.r."
BUSINESS LOCATION
OUTSIDE CITY LIMITS
Please he airmen that Issuance or% business license bythe City does not authorize
you to conduct business is m building or taunt apace that has at been approved
"
-
for occupan ey by the Buildh.g and Sefety DeputmmUt. If y.0 have a¢y questimts
regnrdh�g�tlds; issU0. or if yo¢x,re not sure lfa Cestillcstcaf Occupancyhasbeeu -
- _ -
-
tss.cd rur yomrpvau e(busfncssi pims....tact Building road So(et§ at
BUSINESS NAME: RBF CONSULTING
Th. /A.eis nnumdhereiuhavingp.idtotheCityoq.aQ'umt ell fees
required, license is hereby gmmted said licensee to transact the business herein
BUSINESS ADDRESS: P.O. BOX 57057
setforth,fIsCitperiodsbtted,InconformitywiththeProvisionso(Ordinance
City. This Licmuee thetthe ilnense.
Nsu
IRVINE CA ,926I9
sing by the StateCaution
� Is subject to or exempt frm¢licensing by the Stale of Cnlifomie. .
jet to
BUSINUS LIC NO 3180
"
GJn
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CLA'S$IifICATSON: ENGINEERING SERVICES. -
By
,✓
EXPIRATION DATE: 9/ 3 0/ 0 B
FINANCE DItiHCTOg