Loading...
VA Consulting/Traffic Sig Dune Palms & A Street Traffic 09PROFESSIONAL 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 VA Consulting, Inc. ('Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the New Traffic Signal and Street Improvements on Dune Palms Road and A Street, Project No. 2009-10, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 - 1 - 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy -Nine Thousand Two Hundred Ninety -Six Dollars ($79,296) (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 Last revised 6-30-09 - 2 - and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period 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 rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - 3.4 Term. The term of this agreement shall commence on October 21, 2009 and terminate on August 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Max P. Vahid, P.E., President/CEO b. Keith Rutherfurd, T.E., Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 6-30-09 - 4 - 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last revised 6-30-09 - 5 - Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without 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. Last revised 6-30-09 - 6 - 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7 - others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last mvised 6-30-09 - 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. Last revised 6-30-09 - 9 - 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 that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10 - 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. Last revised 6-30-09 - t t - 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 Last revised 6-30-09 - 12 - 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. Last revised 6-30-09 - 13 - 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. Last revised 6-30-09 - 14 - 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. Last revised 6-30-09 - 15 - 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: VA Consulting, Inc. Attention: Max P. Vahid, P.E. President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 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. Last revised 6-30-09 - 16 - 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 ATTEST: APPROVED AS TO FORM: &at enson, y Attorney CONSULTANT: VA Consulting, Inc. me: Max P. Vahid, P.E. Title: President/CEO Date: 1D 9 q Last revised 6-30-09 - 17 - /o a'g09 Date Exhibit A Scope of Services The Consultant's Scope of Work, dated October 20, 2009, is attached and made a part herewith. Last revised 6-30-09 18 Exhibit A — Scope of Work October 20, 2009 Discussed below is each task of the proposed VA work plan to successfully complete preparation of a traffic signal warrant analysis and PS&E for installation of a new traffic signal and improvements to the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. To verify and prepare a comprehensive work plan, VA has visited the project location and reviewed as -built plans for existing improvements along Dune Palms Road. A. FIXED FEE TASKS Task t — Data Collection and Traffic Signal Warrant Analysis The initial project task is to collect traffic volume data at the existing Dune Palms Road/Sam's Club Driveway intersection and along the DSUSD access road for use in the traffic signal warrant analysis. A weekday 24-hour ADT count will be taken on each leg of the intersection and DSUSD access road together with a weekday am/pm peak hour turning movement count. Traffic counts will be performed by National Data & Surveying Services (NDS) who have provided this service to VA on many previous successful projects. Following receipt of the traffic counts, VA will analyze the data in traffic signal warrants as contained in the California Manual on Uniform Traffic Control Devices (CA MUTCD). The traffic signal warrants to be analyzed will include all applicable warrants. If a traffic signal is warranted, VA will review peak hour turning movement volumes and determine if guidelines are met for providing protected left -turn movements on each approach. A brief summary report will be prepared in accordance with the sample format provided by the City, which will document the existing volumes and level of service at the intersection, results of signal warrant analysis, and recommendations for signal phasing and forecast level of service with signalization as appropriate. Deliverables: ➢ Traffic Signal Warrant Analysis Summary Report ( 3 copies) Task 2 — Background Research, Field Review, and Utility Coordination Assuming signalization of the intersection is warranted, the initial design phase task is to obtain from the City available as -built record street improvement, centerline tie, and utility (sewer, water, and storm drain) drawings for the project intersection and vicinity. Assessors Parcel Maps will also be obtained to determine/confirm right-of-way limits at the intersection and in the area of new alignment for "A" Street. At this time, VA will contact the utility agencies in vicinity of the project location to obtain information on existing facilities. Early contact with utility agencies will be critical to keeping the project on a fast track schedule. VA will continue to coordinate with the utility agencies to identify/resolve conflicts, establish a new signal service point, and obtain necessary clearances throughout design of the project. Following background research, VA will conduct a thorough field walk at the project intersection and throughout the project limits to verify and supplement the as -built drawings and to specifically note any existing improvements or utilities requiring special consideration during design of the project street and traffic signal improvements. The field inventory will note existing sidewalk widths, ADA access ramp compliance, landscape areas, and obstructions, so that appropriate pedestrian clearances are provided, including when the traffic signal controller cabinet doors are open. It will also be confirmed that the proposed cabinet location is within existing public right-of-way. Task 3 — Project Meetings and Management/Coordination Following the field walk, VA will attend a pre -design meeting with City staff to discuss and clarify the project design objectives. VA will prepare a summary of the field walk findings and required street improvements for implementation of new signalization and alignment of "A" Street at the intersection. As -built plans, field notes, photos, and exhibits will be provided as necessary for the intersection. The purpose of this meeting will be to achieve a consensus between the City and VA on the improvements to be implemented within the project limits prior to preparation of the concept design submittal. This will minimize the potential of redesign and help to maintain the project schedule. VA will continue to coordinate and meet with the City and meet with the DSUSD and other affected property owners during the design phase of the project. In addition to the pre -design meeting, this task includes two additional design or DSUSD/property owner comment review meetings and attendance at one City Council meeting, if required. VA will prepare monthly status reports and meeting agendas, and prepare meeting minutes during the design of the project. For the purpose of this proposal, we have assumed a total of four meetings for a total of 16 hours of project management time for meetings and 4 hours per month for four months for an additional 16 hours of project management time for project management and coordination activities. VA will communicate regularly with City staff regarding project issues via telephone, e- mail, fax and post mail. Task 4— Design Survey and Base Map Preparation VA will provide topographic survey within the project limits for construction of the new "A" Street alignment including a 100-foot wide strip within the RDA parcels , widening of the existing Sam's Club exit driveway, Dune Palms Road median improvements, and traffic signal installation improvements at the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. Control data will be assembled and established for the project area. Topographic survey will include twenty-five foot (25') cross -sections. Survey will include the ground surface and any visible surface utilities, curb/gutter, driveways, existing adjoining building comers, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, and signage. The survey data will be down loaded and compiled to create topographic base maps of the project area, including right-of-way, centerline, parcel lines, surface features, culture and contours. The final maps (24" x 36") will be at a scale of 1" = 20' with 1' contours. Task 5 - Geotechnical Investigation Leighton and Associates, the VA Team geotechnical specialist firm, will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed "A' Street roadway improvements. The general scope of geotechnical services will include: ➢ Project coordination and scheduling of field activities. ➢ Review of readily available background documents including topographic and geologic maps, published geotechnical literature, stereoscopic aerial photographs, in-house information, and other plans and/or reports provided. ➢ Obtaining a "no fee" permit from the City as necessary to proceed with the subsurface exploration. ➢ A geotechnical reconnaissance of the site to observe existing site conditions, to mark the proposed boring locations, and to coordinate with Underground Service Alert (USA) for underground utility clearance. ➢ Perform three (3) borings along the proposed "A" Street alignment utilizing a hollow -stem auger drill rig. The borings will be excavated to a depth of 5 to 15 feet below existing grade to explore subsurface conditions and provide recommendations for subgrade preparation and pavement design. Representative subgrade soil samples will be collected for further laboratory testing. The borings will be loosely backfilled with the excavated soils and capped with cold -patch asphalt, unless directed otherwise by the City. ➢ Traffic control will be performed, as appropriate, in general accordance with the W.A.T.C.H. manual. ➢ Laboratory testing on representative onsite soil samples along the proposed improvements will be performed and may include, but not be limited to the following: in -situ moisture and density, maximum dry density, sand equivalent, and R-value. ➢ Review the field and laboratory data and perform engineering analysis to develop geotechnical recommendations for the proposed improvements. A geotechnical report will be prepared and signed by a California licensed Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). The report will include boring logs, laboratory test data, and geotechnical design recommendations in addition to the following: - Subsurface Conditions: Summary of the surface and subsurface geologic conditions and materials, groundwater conditions, and the engineering properties of the soils encountered during this investigation; - Earthwork and Grading: Provide earthwork construction criteria, including recommendations for clearing and site preparation, subgrade preparation, and removal of unsuitable soil or fill. Recommendations for import soils and compaction criteria will also be provided; and - Pavement Design: Utilizing the field and laboratory data, recommendations will be provided for asphalt concrete and concrete pavement sections. Task 6 — Legal Description and Plat Preparation Per the RFP, the City anticipates obtaining permanent access easements from the DSUSD and the Redevelopment Agency (RDA) properties for the new alignment of "A" Street. VA will confirm existing right-of-way limits in Task 2 above, and prepare legal descriptions and plats for the required easement areas. This work includes the preparation of two (2) metes and bounds legal descriptions/plats for permanent access easements required over the DSUSD and Redevelopment Agency (RDA) properties within the area of the "A" Street alignment and preparation of two (2) metes and bounds legal descriptions/plats for temporary construction easements on DSUSD and Sam's Club property during construction. This task includes reviewing 6 month current preliminary title reports and copies of deed/easements/record maps to be provided by the City for the affected properties. Processing legal description/plat is not included in this task. Task 7 - Design Plan Preparation Title Sheet A project Title Sheet (1) will be prepared and will provide general notes, project vicinity map, and sheet index. Construction Detail Sheet A construction detail sheet (1) will be prepared providing construction details, as necessary, at appropriate scales for the required details. Street Improvement Plans Roadway plan and profile sheets (3) will be prepared using the project base maps for the required improvements to "A" Street, Sam's Club driveway, and the Dune Palms Road medians at 1" = 20' horizontal scale and 1" = 4' vertical scale. The roadway plans will include but will not be limited to construction of new pavement, median modifications, curb and gutter, sidewalk, curb ramps, utility relocations, catch basin relocations, and retaining walls, as required. VA will provide on -site hydrology analysis for sizing of catch basins, if required. Traffic Signal Plan VA will prepare one (1) traffic signal plan at 1" = 20' scale from the base map created in Task 4, for design of a new traffic signal installation at the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. The plan will show all known utilities within the intersection for which existing records are available and the point of connection of power to the service cabinet. The new traffic signal standard foundations will be placed where believed to be free of conflict with existing facilities. The signal plan will also include any improvements required to interconnect the new signal to adjacent signalized intersections. Sianina and Stripinq Plans VA will prepare a signing and striping plan (1) at 1" = 40' scale for installation of striping, pavement markings, and signage required for implementation of the project roadway and signalization improvements. Signing and striping plans will be prepared in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and City standards. VA will field inventory and show on the plans all existing traffic signs within the project limits. If necessary, existing signs may be replaced or supplemented with new signs to meet current standards. Conceptual Plans A preliminary geometric layout and signal plan will be prepared for a concept review by the City before proceeding with preparation of project PSBE. The concept plan will show information required to understand and achieve a consensus on the design intent of the project including the proposed roadway improvements and signal equipment and operation. The geometric layout plan will show the alignment and improvements to "A" Street, Sam's Club driveway, and Dune Palms Road medians including conceptual signing and striping. The conceptual signal plan will provide a preliminary pole schedule that identifies the type and size of each pole, mast arm, and luminaire arm. The plan will also provide the layout of proposed traffic signal detection on each approach and a proposed phase diagram. Complete conductor schedules and detector sensor tables are not necessary to understand the proposed signal design intent and will not be provided on the concept plan. The final design signal plan will be prepared based on the approved concept plan and All plans will be prepared in accordance with all applicable City of La Quinta plan preparation and design standards using AutoCAD 2008 or higher format. Following concept submittal, the plan set will be submitted for 85-90%, 100%, and Preliminary Final reviews and revised in accordance with City comments. Final plans will be submitted on City standard 24" x 36" mylars together with electronic drawing files on CD. Project submittals will be made for concept design, easement documents, 85%-90%, 100%, and Preliminary Final reviews and revised in accordance with City comments. The deliverables for each submittal will be as identified below. Deliverables: Concept Submittal (3 copies) ➢ Conceptual Geometric Layout Plan ➢ Conceptual Traffic Signal Plan Deliverables: Easement Documents Submittal (3 copies) ➢ Legal descriptions/plats for access easements (for 4 properties) Deliverables: 85-90% PS&E Submittal (3 sets) ➢ (1) Title Sheet ➢ (1) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Draft Project Specifications Deliverables: 100% PS&E Review (3 sets) ➢ (1) Title Sheet ➢ (1) ) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Project Specifications and Bid Documents ➢ Engineer's Estimate of Probable Construction Cost Deliverables: Final PS&E Review (3 sets) ➢ (1) Title Sheet ➢ (1) ) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Project Specifications and Bid Documents ➢ Engineer's Estimate of Probable Construction Cost Final plans will be submitted on City standard 24" x 36" mylars together with electronic drawing, specification, and cost estimate files on compact disk(s). Task 8 — Preparation of Project Specifications and Bid Documents Project specifications, technical specifications, and bid documents will be prepared for each item of work included in the project based on City supplied "boilerplate" Special Provisions and contract documents. The project specifications and contract documents will be submitted in both hardcopy and electronic Microsoft Word for Windows format on CD at project completion. Task 9 - Preparation of Engineer's Opinion of Probable Construction Costs An engineer's opinion of probable construction cost will be prepared for the roadway and traffic signal installation and related improvements. The cost estimate will include back- up quantities and unit costs. The project cost estimate will be submitted in both hardcopy and electronic Excel for Windows format on CD at project completion. B. TIME AND MATERIAL TASKS Task 10 — Assistance During Project Bid Phase VA will attend the project pre -bid meeting and provide assistance to the City during the bidding process including: ➢ Respond to the request for clarification and written interpretation of plans and specifications; and ➢ Prepare addenda to bid documents, as necessary. City staff will be responsible for distribution of any addenda to the bidders. For the purpose of this proposal, we have assumed 14 hours of VA staff time for this task. With prior approval, additional work, if required, will be performed on a time and materials basis. Task 11—Assistance During Construction Phase VA will attend the project pre -construction meeting and provide assistance to the City during the construction phase of the project including: ➢ Respond to Requests for Information regarding the design intent of the plans and technical specifications during construction. All clarifications will be subject to approval by the City. For design conflicts during construction, VA will assist the City with preparation of change orders as required; ➢ Review shop drawings and submittals; and ➢ During the construction period, if changes occur which require revisions to the plans and/or special provisions, the VA will make minor modifications to the project plans and/or special provisions. C. OPTIONAL TASK Potholing of proposed mast arm signal pole foundation locations and utilities is included in this proposal as an optional item for five (5) locations and will be performed if necessary with concurrence from the City. ASSUMPTIONS AND EXCLUSIONS 1. Agency fees associated with the processing, approval, or permitting of improvement plans will be provided by the City. 2. Changes to Agency improvement plan design criteria that occur during and/or prior to completion of design, or revisions requested by the City to agency -approved design plans will incur additional charges to be billed on a time -and -materials basis. 3. This proposal excludes utility relocation design services. VA can provide these services subject to supplemental City authorization and additional fees, if required. 4. Off -site hydrology studies are not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. 5. Preparation of landscaping and irrigation plans is not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. 6. Preparation of as -built record drawings is not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. Exhibit B Schedule of Compensation Payment shall be percentage of completion 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 Seventy -Nine Thousand Two Hundred Ninety -Six Dollars ($79,296) except as specified in Section 1.6 - Additional Services of the Agreement. The following represents a summary of the contract fee: Base Contract Amount (Fixed Fee): $68,922.00 Construction Engineering (Time and Materials): $ 4,174.00 *Optional Tasks $ 5,000.00 **Reimbursable Expenses: $ 1,200.00 TOTAL CONTRACT AMOUNT (Not to Exceed): $79,296.00 *Optional work objectives shall not proceed unless authorized in writing by the City of La Quinta. **Reimbursable Expenses shall be billed at cost without markup. Last revised 6-30-09 19 0 E m CL 0 C r Im LU Lu C MLUO -an rpo: Q .5w CL 0 > UZUJ6 u rr 5i I, IIII III > mL �2 I 0 III z a L) E 0 El z 0 E Ei X J2 i. 'o a z zdJ �6 E ZOW L - 0 cc it: 55 12 I - E. E ME u -L., c al'T ICI -Ell -12 In -6 76 00 "J�i 91iOrn . - .1 1 , ci Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last mvis d 6-30-09 20 42i H O N ��m I o; m, e 6 of �'• � m <! �4� n LL n a a QI C O T � � y N NISI Q m I I IN W W ZIP • c c a Q H J • O W Q Ci ..... ........ ...... U I. e m a a a a a l a- 9 M a a s w a E (V (V (V A o= E o I4 a a a a a I - O � I I �`m r � r a m U 'm U p _ E d 3 D E E � H w a` 12 Z I _ E I� � � ¢ - � � m G 2 ? � n •� u d .o, q I, � I� � l'n ¢ o -v v n E v :2 i r w' O' '� m �m m N N N N N �N N M U O Z O �� N m iQ �N m III m im •� I� � �� � N N N > o Lsj Exhibit D Special Requirements None. Last mvis d 6-30-09 21 Client#: 6496 VACONSULT ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE dMMfDi Y) 10/09/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714427.6810 INSURERS AFFORDING COVERAGE NAIC# INSURED VA Consulting Inc. 6400 Oak Canyon, Suite 150 Irvine, CA 92618 INSURERA: Travelers Property Casualty Cc of Am 25674 INSURERS: Travelers Indemnity Co. of Connectic 25682 INSURERc. ACE American Insurance Company 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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, LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIOD POLICY EXPIRATION DATE MMIDD LIMITS A GENERAL LIABILITY 68048481-258 11/24/08 11/24/09 EACII OCCURRENCE S1000000 MERCIAL GENERAL LIABILITY General Llab. DAMAGE TO RENTED Si000000 CLAIMS MADE QOCCUR ft"Col'Intractual excludes claims MED EXP(Any one person)S10000 PERSONAL &ADV INJURY S1,000,000 Liab. arising out of GENERAL AGGREGATE s2,000,000 the performance G 1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S2000000 of professional PR6 LOC POLICY X IEIT Services. A AUTOMOBILE X LIABILITY ANY AUTO BA49081-548 11/24/08 11/24/09 COMBINED SINGLE LIMIT (Ea accident) S1,0001000 BODILY INJURY (Per pelSOn) S ALL OWNED AUTOS Rf.HFDI it FD g11TOR BODILY INJURY (Per accident) S X X HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peracadent S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S ANY AUTO 5 AUTO ONLY'. AGG A EXCESWMBRELLA LIABILITY CUP7156Y612 11/24/08 11/24/09 EACH OCCURRENCE s2000000 X OCCUR CLAIMS MADE Does not AGGREGATE s2,000,000 include s DEDUCTIBLE Professional S RETENTION S Liability. B WORKERS COMPENSATION AND UB7665Y535 11 /24/0$ 11124/09 )( I WCSTATU- OTR- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEREXECOTIVE E. L. EACH ACCIDENT 51,000000 E.L. DISEASE - EA EMPLOYEEI S1,000,000 OFFICERIMEMBER EXCLUDED? If yes, desaree under SPECIAL PROVISIONS Eebw I EL.DISEASE -POLICY LIMIT I S1,000,000 C OTHER Professional G23633711003 06/16/09 06/16110 $1,000,000 per claim Liability $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEUICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Dune Palms Road at "A" Street - Traffic Signal & Street Design. The City of La Quinta, its officers and employees are Additional Insured as respects to General and Auto Liability as required by written contract. Coverage afforded the Additional Insured is Primary and Non -Contributory. (See Attached Descriptions) City of La Quinta Public Works Department 78-495 Calls Tampico La Quinta, CA 92253 12001/0811 mI *Q190975/11019ii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KNEXH! It"MAIL 10 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JBIDU&N XXXXX XXx4tlei Ti 9 ACORD CORPORATION 198E DESCRIPTIONS (Continued from Page 1) Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. AMS 25.3 (2001108) 2 of 2 #5259675IM256518 POLICYNUMBER: BA490BL548 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 10/09/2009 Named Insured VA Consulting Inc. Name of Person(s) or Organization(s): City of La Quinta Public Works Department 78-495 Calls Tampico La Quints, CA 92253 SCHEDULE Re: Dune Palms Road at "A" Street - Traffic Signal & Street Design. The City of La Quints, its officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions: b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". I. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 © 2007 The Travelers companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the 'bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 02007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance services Office, Inc., with its permission. i P,y OF MEO PROJECT NO. 2009-10 PROFESSIONAL SERVICES AGREEMENT: NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON DUNE PALMS ROAD AND A STREET, PROJECT NO.2009-10 CONSULTANT: VA Consulting, Inc. Attention: Max P. Vahid, P.E., President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 CONTRACT AMENDMENT NO. 1 ****************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. ****************************************************************************** DESCRIPTION OF CHANGE This contract amendment adds the design of the school bus turnout and one additional meets and bounds legal description and plat to VA's Professional Services Agreement. VA's scope of work and fee, dated June 9, 2010, is attached and made part of this contract amendment. ****************************************************************************** Previous Contract Amount Through Contract Amendment No. -0- $79,296.00 Add this Amendment $2,350.00 Revised Contract Total $81,646.00 The contract completion date is not affected by this contract amendment. Submitted - Date: By: �Lq rl I i O Bpproved rz � Date: %v/3D //0 We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified whereby accopl- g full payment the amount shown above. Accepted By: Title: President and CEO Consultant: -VA Consulting, Inc. / Date: June 22, 2010 04 �Qo F s 4 F'y 0e'IKEo PROJECT NO. 2009-10 PROFESSIONAL SERVICES AGREEMENT: NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON DUNE PALMS ROAD AND A STREET, PROJECT NO.2009-10 CONSULTANT: VA Consulting, Inc. Attention: Max P. Vahid, P.E., President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 CONTRACT AMENDMENT NO. 2 ****************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. ****************************************************************************** DESCRIPTION OF CHANGE This contract amendment authorizes VA to provide Additional Detention Basin Design, Additional Geometric Analysis and Design, Additional Project Funding Cost Breakdown, and Landscape and Irrigation Design. VA's scope of work and fee, dated4rme M, 2010, is attached and made part of this contract amendment. Jwl y Previous Contract Amount Through Contract Amendment No. -1- $81,646.00 Add this Amendment $22,130.00 Revised Contract Total $103,776.00 The contract completion date is extended through December 31, 2010 by this contract amendment. Submitted By: Approved By: ********************** Date: Date: ***************************************************** We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified w rk�ere y accep s ull payment the amount shown above. Accepted By: / Title: President and CEC Consultant: dl-R'Xonsulting, Inc. IDate: August 9, 2010 Ala Q a at QUifttu PROJECT NO. 2009-10 PROFESSIONAL SERVICES AGREEMENT: NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON DUNE PALMS ROAD AND A STREET, PROJECT NO.2009-10 CONSULTANT: VA Consulting, Inc. Attention: Max P. Vahid, P.E., President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 CONTRACT AMENDMENT NO.3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes VA to prepare the plans, specifications, and engineer's estimate (PS&E) of probable construction costs for the 12" domestic water line and the 10" sanitary sewer line within the project limits of the Dune Palms Road Street Improvements for future connection by others. This amendment also authorizes VA to obtain percolation testing for the expanded detention basin north of "A" Street. VA's scope of work and fee, dated September 10, 2010, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -2- $103,776.00 Add this Amendment $22,550.00 Revised Contract Total $126,326.00 The contract completion date is not affected by this contract amendment. ssssssssss##sss*ssssssssssss#sssssx###**###x#x###x#xx**x#*#*#*#*##*s#**####*#* Submitted Date: By: .tr^— t'O 0 — A By: Date: 10/7 1p We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified worklandX�by accyp? as full payment the amount shown above. Accepted By: e1z, Title: President Consultant: V Consulting, Inc. Date: 09/22/2010 September 10, 2010 Mr. Nick Nickerson City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico La Quinta, CA 92253 Dear Nick: This letter is a change order request (Change Order No.3) for additional professional design services related to New Traffic Signal and Street Design for Dune Palms Road at "A" Street, Project Number 2009-10, in the City of La Quinta, California (agreement dated October 28, 2009). The additional services for this project include design of "off -site" portions of a 10" sewer line and 12" domestic water line to points of connection at future RDA street improvements with "on - site" sewer and water facilities designed by MSA Consulting, Inc. The additional services also include percolation testing by Leighton Consulting, Inc. for the expanded detention basin north of "A" Street and installation of a Maxwell dry well system. The total fee for this change order is $22,550. A detailed Scope of Services (Exhibits "A") and Proposed Fees (Exhibit "B") are included with this letter. We will provide our services on a fixed -fee basis in accordance with our original contract fee schedule. Please sign your approval where indicated below and return a copy of this change order request to our office. If you have any questions, please feel free to contact Keith Rutherfurd or me at (949)474-1400. Approved by: MPV/kam Date: Enclosure cc: Keith Rutherfurd; Contracts Nick Nickerson VA (insulting. Inc. Cnrpnrne 0 h,-v Onoce Cox, I, Dn I.ur, atnU 0A Csny.m. sm!: 15O In Inc. CA 9'_6I5 Phu,, 919A7� 14tl1, X'\P"Oe Ss t099 02WU In\Ch Tve OrtlerslCO 3.Coc Fan 949'61 4.lti' EXHIBIT "A" CHANGE ORDER REQUEST (CHANGE ORDER NO.3) TO PROVIDE PROFESSIONAL DESIGN SERVICES FOR NEW TRAFFIC SIGNAL AND STREET DESIGN FOR DUNE PALMS ROAD AT "A" STREET LA QUINTA, CALIFORNIA SCOPE OF SERVICES 1. Sewer and Water Improvements Design VA will prepare off -site improvement plans for a 10" sewer (approx. 100') and 12" domestic water line (Approx. 420') along the proposed "A" Street alignment to points of connection with future RDA improvements designed by MSA Consulting, Inc as shown on Exhibit "C". The proposed detailed scope of services for this task is presented below: A. Agency Project Meetings and Quality Control 1) Kickoff Meeting. In order to coordinate the project with CVWD, a kick-off meeting will be conducted with CVWD staff to confirm the project design criteria and parameters, and review the project schedule particularly relating to their review times. 2) Progress Meeting. One progress meeting will be held with CVWD staff to review the 75% submittal and discuss their review comments. 3) QA/QC. Quality control reviews of all documents will be conducted prior to submittal to the District. B. Final Design and Specification Phase 1) Data Gathering: obtain plans of existing water and sewer facilities from CVWD, and conduct field visit to confirm site conditions. 2) Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Plans and Specifications shall conform to the CVWD format. i. Prepare and furnish two complete hardcopy sets of 75% design documents (including plans, specifications and cost estimates) for review by the District. Submittal shall include two full-size plans sets including title sheet and plan and profile improvement plan. x TrgedSOM9_02XJ MinlGhanBe Ordws%CO#3do Prepare and furnish two complete hardcopy sets of Final Design documents (including plans, specifications and updated cost estimates) for review by the District. Submittal shall include two full-size plans sets, and all electronic files on CD (in PDF and original formats). Deliverables: 1. 75%, and Final Plans and Specifications 2. Cost Estimates 2. Subsurface Exploration and Percolation Testing For Subsurface Exploration and Percolation Testing Scope of Services see the attached Exhibit "D", Proposal for Subsurface Exploration and Percolation Testing, City of La Quinta Project CP 2009-10, Dune Palms Road at "A" Street Basin, La Quinta, California, September 10, 2010 by Leighton Consulting, Inc. (LCI). 3. Project Meetings and Management/Coordination VA will perform additional coordination with MSA to transfer project base files, confirm design intent and details, and points of connection. VA will also, if required, attend one (1) additional meeting at the City with MSA to discuss the coordination of the sewer and water improvements between the Dune Palms Road "A" Street intersection and RDA Affordable Housing on -site improvement projects. VA will also coordinate and support subsurface exploration and percolation testing by LCI for the detention basin and proposed Maxwell System north of "A" Street. For the purpose of this change order, we have assumed a total of 2 hours for meetings and an additional 6 hours for project management and coordination activities going forward. Reimbursables The additional sewer and water improvement plans will add four (4) sheets to the number of improvement plans prepared for this project and the proposed increase in our reimbursable budget is for the additional cost of plan reproduction and submittal of final mylars. X:\Projetls\10E9_020O✓.tlminlChanOe 0,U rMG093..oc EXHIBIT "B" CHANGE ORDER REQUEST (CHANGE ORDER NO. 3) TO PROVIDE PROFESSIONAL DESIGN SERVICES FOR NEW TRAFFIC SIGNAL AND STREET DESIGN FOR DUNE PALMS ROAD AT "A" STREET LA QUINTA, CALIFORNIA PROPOSEDFEES 1. Sewer and Water Improvements Design... .... ............................._... $ 9,700 2. Subsurface Exploration and Percolation Testing ............................................. $11,250` 3. Project Meetings and Management/Coordination........................................... $ 1,300 4. Reimbursables................................................................................................$ 300 TOTALFEES............................................................................................................. $ 22,550 Note: The proposed fees above are valid for a period of 60 days from the date of the cover letter. Does not include optional fee of $750 for a private utility location, if desired. X lGro�e.^tsaos9_ozoJ,Atlmin�chanoe O,tl rs%c093 dno 3 _ DUNE PALMS ROAD PROPOSm PCC f CIP NATER / boa r a r I � < aao Y sl yf co ij J F m aJ I n C9Mt/^.OIC 4D=-,K rivc.Lrc. OFF -SITE WATER AND SEWER .. c.� a�....w aevma n+ueee . en rv-ro C I T Y O F L A O R__DB B�9 T Aavm•F.s teem 5u�an AFFORDABLE FA04JSl« FF2l=)JECT �x�iU'tT y L�lO�liCf! �;C�Ii$U�lr:Q. i1lC. September 10. 2010 Proposal No. P612-00568 VA Consulting, Inc. 6400 Oak Canyon, Suite 150 Irvine. California 92618 Attention: Mr. Keith Rutherfurd Subject: Proposal for a Subsurface Exploration and Percolation Testing, City of La Quinta Project CP 2009-10. Dune Palms Road at "A" Street Basin, La Quinta, California. In accordance with your request, we are pleased to present this proposal to perform a subsurface exploration and conduct percolation testing for the proposed storm water basin located northeast of the proposed Dune Palms Road and "A" Street intersection. This proposal addresses specifically the scope of work as discussed with you on September 8 and 9. 2010. PROJECT AND SITE DESCRIPTION Based on our discussions with you and review of a site plan prepared by VA Consulting in July 2010, we understand that the proposed basin will be approximately 4.934 ft2 in planar area and situated immediately northeast of the future intersection of Dune Palms Road and "A" Street. The City has requested that a subsurface exploration and percolation testing be performed for this basin in general accordance with Engineering Bulletin (EB) 06-16. Based on our previous subsurface work within the intersection. the site is underlain by silty sands and silts. Groundwater is anticipated to be 40+ feet below existing ground surface. PROPOSED SCOPE OF WORK Based on our understanding of the requirements of EB 06-16 "Hydrology and Hydraulic Report Criteria for Storm Drain Systems," Leighton proposes the following scope: Task 1 — Field Coordination We will mark the boring/test locations at the site and notify Underground Surface Alert so that subsurface utility locations can be identified and avoided during our exploration. We are not responsible for damage to any unidentified or unmarked utilities. 42575 Melanie Place, Suite A . Palm Desert. CA 92211 (760) 7764192 . Fax (760) 7764080 . www.leightongroup.com Dune Palms Road Basin CP 2009.10 P612-00568 Proposal for a Subsurface Exploration and Percolation Testing September 10, 2010 Task 2 - Field Exploration We propose to excavate 5 exploratory borings to a maximum depth of 35 feet within the proposed basin bottom location. One of those borings will be located near the proposed Maxwell system and will be converted to a percolation test site. The borings will be continuously logged to provide a continuous soil profile. Samples will also be obtained from die borings for laboratory testing. The borings will be backfilled with excavated soils. Task 3 — Percolation Testing Maxwell System: As indicated above, we will convert one of the borings excavated within the proposed basin bottom near the proposed Maxwell system to a percolation test hole. We will conduct a percolation test in accordance with Riverside Coun(y Department of Environmental Health Onsite Wastewater Treatment Systems Technical Guidance Manual Version A (previously titled: Riverside Count)) Department of Health — Waste Disposal .for Homes, Commercial, and Industry). Basin Bottom: We will conduct one double -ring infiltrometer test within the proposed basin in accordance with ASTM D3385-09. It is our understanding that the existing eastern basin elevation (51 ft MSL) is within two feet of the proposed basin elevation (49 ft MSL). Therefore. the Infiltrometer test will be performed at approximately 2 to 3 feet below existing grades. In the event that a different test location is required or basin bottom elevation is deeper, then additional fees may be required to cover such work. Task 3 - Laboratory Testing We will conduct geotechnical testing on the sampled soils for further classification. This testing may include, but not limited to the following: 1) sieve analyses (10 tests budgeted); 2) maximum density and optimum moisture content (l test budgeted); and 3) flexible wall permeameter testing (1 test budgeted). The flexible wall permeameter test is required in the event that clay or clayey silt soils are present within the upper 15 feet below the proposed basin elevation. Task 4 - Office Studies We will review the field and laboratory data and perform analyses to develop percolation rates and/or infiltration rates and provide specific casing design, and sand/gravel filter for the Maxwell IV system. A report will be prepared and submitted to include boring logs, laboratory test data, percolation/infiltration data, and present our conclusions and findings. 2- Leighton Dune Palms Road Basin CP 2009-10 P512-00566 Proposal for a Subsurface Exploration and Percolation Testing September 10, 2010 Private Utilitv Locator (Optional) As noted in this proposal, Leighton will contact Underground Service Alen (USA) prior to beginning fieldwork so that registered public utilities in the area of our subsurface explorations will be marked. However, USA will not mark unregistered (private) utility locations. Therefore Leighton recommends a private utility locator be contracted to help reduce the risk of damaging underground utilities during subsurface exploration.. especially in areas where little information is available regarding existing underground utilities. if desired. Leighton can subcontract a private utility locator for an additional fee. FEE AND TERMS Leighton will conduct the above services for a fixed fee of S11,250, plus any optional tasks. as further described in table below: PRPOPDSED TASKS AND ESTIMATED FEE Services: Field Coordination: Task Description: Marking boring/test locations and coordination with Die Alert Associated Fee (S) Soo Field Exploration: 5 borings to a maximum depth of 35 feet, continuous logging. 3.900 Deep Percolation Testing for Drrroell Percolation testing of converted boring per Riverside County Seepage Pit Method 1.000 Double Ring Infiltrometer Testfor Basin Bottom One double -ring infiltrometer test at proposed basin bottom. at location where hand excavation is reasonable 1,500 Laboratog Testing: Lab testing as noted above 1 S50 Analysis and Report., Engineering analyses, drafting and report preparation 2,800 Total anticipated Tasks = 311.250 Optional Services Private utility locator 5 boring locations 750 For the purpose of budget control and time schedule, the following is assumed: • No pen -nits are required for this work and Leighton will have unhindered access to the site during our field exploration and percolation testing. • The infiltrometer test can be conducted in the far eastern portion of the proposed basin where the design overlaps with the existing basin where hand excavation to the required test elevation is practical. • The latest project improvement plans will be provided prior to geotechnical fieldwork. No inclement weather or environmental issues are to preclude drilling. This project is subject to the Prevailing Wage Law. -3- � EIOf1i011 Dune Palms Road Basin CP 2009-10 P612-0055S Proposal for a Subsurface Exploration and Percolation Testino September 10, 2010 Services requested in addition to the above -described scope of work will be invoiced on a time - and -expense basis in accordance with the current Fee Schedule. EXPLORATION SCHEDULE Depending on site access constraints. weather and exploration equipment availability, field exploration may begin within 5 to 10 working days after receipt of written authorization to proceed and obtaining required permits or legal access. A draft report can be submitted in two weeks (10 working days) after completion of field and laboratory work. A summary of estimated time schedule for the various tasks is provided in table below. Day one starts when site access is obtained for the field investigation: of field and 20 3 Com letion of draft report Da 25 4 ]ssuance of final reoon +5 days from review Attached is a ,Scope of Work Agreement incorporating the scope and fees described in this proposal. If these scope and fees are acceptable to you, please have two copies of both the Scope of Work Agreement and your Agreement beriveen Consultant and S71bC071YU1ta771 for Professional Sernices, executed by a duly authorized officer of your corporation. Please send them to us in our Palm Desert office. We will also sign all copies and return one fully -executed copy of each for your records. We appreciate the opportunity to provide this proposal. If you have any questions or information that would update our scope of work, please call us at your convenience. Respectfully submitted. LEIGHTON CONSULTING. INC. ny / I� 6 i ~mil. 1Q Lisa A. Battiato, PG, CEG, LEED AP Simon 1. Saiid, PE, GE Sr. Project Geologist Principal Engineer Enclosures: (1) Scope of Work Agreement Distribution: (1) addressee via electronic mail krutherfurd@vawnsultingine.com O -4- Leighton Dune Palms Road Basin CP 2009-10 P612-00568 Proposal for a Subsurface Exploration and Percolation Testing September 10 201 D SCOPE OF WORK AGREEMENT This Scope of Work, effective September Master Services Agreement No. VA Consulting, Inc. 10. 2010, is, upon execution of the Parties. incorporated under between Leighton Consulting, Inc. and PROJECT LOCATION: Dune Palms Road and "A" Street, La Quinta- CA CP2009-10 DESCRIPTION OF SERVICES: Subsurface exploration and percolation testing for basin (see attached proposal) SCOPE OF WORK: See attached proposal dated September 10, 2010. Proposal No. P612-00568. LEIGHTON CONSULTING INC.: Leighton Consulting, Inc. 42575 Melanie Place. Suite A Palm Desert, California 92211 Telephone: 760-834-6520 lbattiato@leiglitongroup.com Contact: Lisa Baniato CLIENT: VA Consulting, Inc. 6400 Oak Canyon, Suite 150 Irvine, California 92619 Telephone: 949-474-1401 X227 krutherfurd@vaconsultingine.com Contact: Keith Rutherfurd FEE: These services shall be undertaken for a fixed fee of (S11,250) plus any other authorized optional tasks or fee(s) initialed below. CLIENT will pay LEIGHTON CONSULTING, INC. for any additional services in accordance with LEIGHTON CONSULTING INC.'s Professional Fee Schedule in effect at the time the Services are rendered. OPTIONAL J PROVISIONAL SERVICES Private utility locator (5 locations) ................. .................................... ............ --- $750 Please initial above to authorize I have reviewed and agree to this scope of work, schedule and fee. LEIGHTON CONSULTING, INC. VA CONSULTING, INC. Date: By (signature) Please type or print clearly name and title Date: CLIENT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THE DOCl1MEYF EN -ITLED "INFORMATION FOR CLIENTS REGARDING LEIGHTON CONSULTING SERVICES" Leighton .. �--- ..-� ----- - \ \ + . \ - / \ lie \. .... _ � . .. \ _ ` � \ � � 0 _ ■§ ��)\§ kg - Am \ \ � ��.;;_,:,==;=r!!!::!l:::;•l::�t::=! l d o� 4 Sep QU&rC4(J FH OF TF� PROJECT NO. 2009-10 PROFESSIONAL SERVICES AGREEMENT: NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON DUNE PALMS ROAD AND A STREET, PROJECT NO.2009-10 CONSULTANT: VA Consulting, Inc. Attention: Max P. Vahid, P.E., President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 CONTRACT AMENDMENT NO.5 ############################################################################## Pursuant to the terms of the original Professional Services Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the original scope of work for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes VA to perform additional engineering services to include civil and landscape/irrigation design to modify the proposed retention basin on the northeast corner of the Dune Palms ROadP A" Street intersection to be contained completely within parcel owned by the City of La Quinta, inclusion of the 11D Utility Relocation within the project PS&E, additional field survey work associated with the proposed sewer line, and other related work necessary to expedite the project. VA's scope of work and fee, dated July 12, 2011, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -4- $134,926.00 Add this Amendment $27,100.00 Revised Contract Total $162,026.00 The contract completion date is extended through October 31, 2011. Submitted By: Approved By: Date: 40-1— 11 Date: �2i �/ We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby acc9t as full payment the amount shown above. Accepted By: Title: President and CEO Consultant: —VA Consulting, Itc. Date: August 1, 2011