2010 RBF Consulting/Dune Palms WideningPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree
as follows:
1.0 SERVICES OF CONSULTANT zod�_ 04
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Dune Palms Road
Widening Improvements, Project No.�24)ee-04, 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).
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1 .5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to 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 One Hundred Ten Thousand, Two
Hundred Ninety -Four Dollars and Zero Cents ($110,294.00) (the "Contract Sum"),
except as provided in Section 1.6. The method of compensation set forth in the
Schedule of Compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the services, payment
for time and materials based upon Consultant's rate schedule, but not exceeding
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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 (1Oth)
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.
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3.4 Term. The term of this agreement shall commence on April 21, 2010
and terminate on April 20, 2011 (initial term). This agreement may be extended
for 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. Brad Mielke, S.E., P.E., Senior Vice President
b. Brad Donais, P.E., Vice President
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 designee, 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.
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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,OOO,OOO (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,OOO,OOO (per accident)
Errors and Omissions Liability
$1,OOO,OOO (per claim and aggregate)
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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.
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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
others as required herein, Consultant agrees to be fully responsible according to the
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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 hears 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.
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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.
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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
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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 1-19-10
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
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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.
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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 7.7.
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 1-19-10 - 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 1-19-10 - 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:
RBF CONSULTING
Attention: Brad Mielke, S.E., P.E.
Senior Vice President
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1655
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
Last revised 1-19-10 - 16 -
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
APPROVED AS TO FORM:
//Z..K h e r i n e J s City Attorney
CONSULTANT: RBF CONSULTING
By.
Name: Brad Mielke, S.E., P.E.
Title: Senior Vice President
Date:
Last revised 1-19-10 - 17 -
Exhibit A
Scope of Services
Consultant's scope of work to related to Dune Palms Road Widening
Improvements, Project No. 2009-04 is attached and made a part of this agreement.
Last revised 6-30-09 18
Scope of Work Program
Task 1: Project Management. RBF will manage project duties for the duration of the
project in order to assure a cost-efficient, quality process. As the prime contractor, our staff
will provide a suite of disciplines to effectively coordinate and communicate leading to project
approval. Within this task, RBF will do the following:
• Prepare and maintain the quality control plan
• Prepare monthly project documentation and invoicing
Prepare and maintain the project schedule for design approval activities
• Prepare and maintain utility coordination files and schedule. All utility coordination
and correspondence will be organized in a utility coordination binder.
RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This
budget assumes that the project design phase will take no more than 12 months. If this project
phase lasts longer, the budget for project management will be adjusted to accommodate
additional meetings, monthly documentation, etc.
Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with
the City of La Quinta and La Quinta RDA regarding the design processing, resolution of issues,
strategy development, etc. In addition, RBF will coordinate with the Environmental Consultant
hired by the City to prepare the CEQA clearance on the RDA site as well as for the proposed
street widening. This coordination will be critical in ensuring that the project design does not
exceed a 35% design prior to the acceptance and approval of the; environmental document.
Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the
Project Development Team (PDT). RBF assumes ten (10) PDT and three (3) utility only
coordination meetings. Each utility will be met with individually and may be combined with
regularly scheduled PDT meetings.
Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings,
an agency seeping meeting, and direct contact. Concerns and issues expressed by agency
representatives will be documented in a database to ensure that expressed concerns are
recorded, communicated to the full PDT, and addressed. The following agencies are likely to be
among those included in the coordination effort: City of La Quinta, La Quinta RDA, CV WD,
IID, Time Warner, Gas Company and Verizon.
Deliverables:
Meeting Agendas& Minutes
Updated Schedules
Coordination with City and Interest Parties
Utility Correspondence Binder
Task 2: Topographic Base Mapping. RBF will provide field topographic survey to
collect existing features within the proposed widening section as indicated by the exhibit in the
RFP. The topographic data collection shall include, but not limited to, all features within the
Scope of Work Program
ROW and beyond to locate any existing facilities, included at a minimum, any existing utility
manholes (manhole dip elevation for both storm drain and sewer), pullboxes, mail boxes,
landscaping, existing sidewalk, curb, driveways and any other features that may be affected
with the construction of sidewalk. The limits of the topographic base mapping will extend to
150' west of the existing centerline of Dune Palms Road, 200' north of the intersection of
Westward Ho and to Highway I I I on the south limits of the project (topographic information
only from the centerline of the channel to Highway 111). As requested by City Staff, RBF will
obtain topographic and elevation information for the area from Dune Palms Road to Roudel
Lane, which covers both the existing RDA parcels as well as the full Dune Palm Mobile Estates
parcel.
Deliverables:
Topographic Base map
Utility Base map
Task 3: Base Mapping and Utility Coordination
Following the field data collection and processing, RBF will prepare a base map containing
additional information such as street right of way lines, parcel lines (including APN number,
owner name, business name and address), and underlying easements, if readily available
through recorded maps.
RBF will review existing utility information available from the City and contact utility owners
to identify major facilities located in the project area. This information will be shown on the
project base maps, and be used to determine significant impacts to facilities and the cost
estimates resulting from those impacts. With IID, RBF will coordinate with III) Staff with the
relocation immediately to the north of the channel, to position the relocated pole line to the east
outside of the proposed future bridge footprint in an effort to minimize the utility relocations
necessary for the bridge project.
Utility Information Requests and Coordination
Utility company information and contacts will be assembled and compiled in a matrix format.
An initial utility information request letter will be mailed and followed up with a phone call.
RBF will request information for existing and proposed improvements planned by the utility
owners in the project area. Dates of contacts, mailings and document receipts will be logged
into the matrix. A follow-up mailing will include sending copies of the Utility Base Map to the
utility owners, showing known utilities and requesting verification of existing facilities. RBF
will provide the necessary notifications via phone calls, email and letter to ensure that the utility
companies provide known facility information and are aware of all necessary relocation as a
result of the project. The relocation will also include anticipated relocations necessary for the
future bridge crossing of the Coachella Valley Stormwater Channel.
Utilities to be notified will include: electrical, gas, telephone, cable, water, and sewer
�z 11 Dune * Elms ,lz." 0
Scope of Work Program
Utilit Coordination Documentation
From the start of the project, all utility information including project contacts, correspondence
dates, meeting minutes and other coordination will be maintained in a three ring binder. The
first sheet on the inside cover will contain a matrix of each utility company, contact name, and
dates of milestone coordination efforts. A copy of the final utility coordination binder will be
provided to the City at the project bidding phase of the project.
Utility Potholing Exhibit and Field Data Collection
RBF will show the location of utilities to be potholed, if any, on the utility sheets and submit
the sheets to the City for verification and approval. Prior to initiating potholing activities, RBF
will prepare an exhibit showing the proposed locations for potholes. The exhibit will show the
RBF recommended number and locations for potholing to sufficiently identify known
underground utilities within the construction limits. RBF will collect pothole data based on the
City approved pothole location exhibit. All pothole information will be placed on the utility
base map for future use and reference. Depending on the final City Staff approved number of
potholes, potholing will be bill per each basis according to the fee proposal. For the purposes
of this proposal, RBF has assumed ten (10) pothole locations.
RBF will review record drawings and proposed future utility improvements as provided by the
Utility companies as mentioned above. This information will be placed on the utility base file.
Deliverables:
Parcel Base Map
Utility Base Map
Utility Coordination
Utility Correspondence Binder
Utility Pothole Exhibit
Utility Potholing Data Collection
Task 4: Initial Notification to California Fish and Game. RBF will submit an initial
notification to the California Fish and Game Department on the proposed slope reconstruction.
Fish and Game will then send out a "Operation by Law" letter clearing the project to perform
the proposed reconstruction improvements to the existing slope protection.
Deliverable:
Initial Notification Submittal
Coordination with Fish and Game
Task 5: Legal and Exhibits. As requested in the RFP, RBF will prepare the necessary
legal descriptions for the dedication of street right of ways within the project corridor. These
location currently include the dedication from the Desert Sands Unified School District for the
right of way along the western portion of Dune Palms Road between Westward Ho Drive and
the Whitewater Stormwater Channel, and the La Quinta Redevelopment Agency land on the
east side of Dune Palms Road directly to the south of Westward Ho Drive. Both of the legal
"' F)ufife. PJIms Road inb ii 3"CfYt f ^C.:
i ...it-: 2e�.
Scope of Work Program
descriptions will provide the necessary street right of way width per the City's General Plan
secondary arterial street configuration of 88 feet full width or 44 feet half width. RBF will
coordinate with and obtain a current title report from a title company for each parcel affected by
the proposed project. RBF will also prepare two grant deed documents for the transfer of the
land for the street right of way.
Deliverables:
Legal and Exhibit for School Site (one legal)
Legal and Exhibit to RDA Parcels (one legal)
Title Report for Each Project Parcel
Conveyance Documents (2)
Task 6: Right of Way Exhibit
RBF will prepare an exhibit for the use in coordinating the relocation of encroaching units
and/or improvements within the Dune Palms Mobile Estates. The exhibit will provide survey
accuracy in the location of the right of way lines as well as indicate probable encroachments
with the street right of way. The exhibit will be prepared at a scale of 1" = 40' and will be
presented on a 24" x 36" sheet. Based on this exhibit, RBF will provide a recommendation,
placed in a memo format, on prior rights determination.
Deliverables:
Right of way Exhibit for Mobile Estates
Prior Rights Determination Recommendation Memo
Task 7: Geotechnical Report. Assisting RBF with this task, Landmark Consultants will
conduct a field investigation, performing laboratory tests, and conducting analyses to develop
geotechnical parameters and recommendations for the design and construction of the proposed
roadway pavement.
Field Investigation. The goals of this task are to document observations of subsurface
conditions and collect soil samples for laboratory testing. We propose to obtain 3 borings
staggered throughout the widening area for this task.
Large bulk samples will be collected for the near -surface soil. Relatively undisturbed and
disturbed samples will be collected at approximately 5-foot intervals. The California sampler
will be used alternating with the Standard Penetration Test (SPT) sampler. Three disturbed
samples from each of the two deep borings will also be collected for grain -size distribution;
results of the grain -size distribution will be used for scour analysis.
Laboratory Testine. The field boring logs will be reviewed and analyzed to select bulk and
undisturbed samples for laboratory testing. The tests will include but are not limited to in -situ
moisture and density, maximum dry density, san equivalent and R-value.
c uuf,. Palnls Road impra� ,naeai� �+
4 Y tom I _ - .�
Scope of Work Program
Additional tests may be necessary depending on the subsurface conditions. All tests will be
conducted in general accordance with Caltrans Test Methods and/or ASTM Standards.
Report Preparation. We will provide one copy of the preliminary report and following review
and comments will submit four (4) hard copies and a PDF copy of the final report. The report
will include the boring logs, laboratory test data, geotechnical recommendations, subsurface
conditions, earthwork and grading recommendations and pavement design.
Deliverable:
Field Data Collection on Soil Conditions (Staggered locations throughout the widening section)
Geotechnical Report (I preliminary and 4 final copies)
PDF Copy of Final Report
Task 8: Street Improvement Plans. RBF will prepare roadway improvement plans
including a project title sheet, typical cross sections, construction details, horizontal alignment
layout plans, vertical alignment profiles, grading, drainage, and cross sections of the proposed
roadway improvements and submit to the Project Development "Team for review and comment.
The plans will include notes and labels for the required perimeter block wall along the mobile
home estates site and notes for any manhole modifications to the existing sewer manhole
located at the northeast corner of the channel and Dune Palms Road. RBF does not anticipate
this manhole of sanitary sewer line will need to be relocated for the future bridge crossing.
Additionally, the existing water main in this area appears to be at the correct location
horizontally and vertically for the future bridge crossing, therefore no relocation plans for the
water main will be necessary at this time. This task includes the: preparation of the following
plan sheets:
A. Project Title Sheet along with pertinent CIP construction notes and location
maps.
B. Typical Sections for the roadway at intervals that adequately represent
changes in roadway cross-section. The typical sections will identify existing
and proposed improvements.
C. Construction Details for items such as curb ramps, curb & gutter transitions,
and other items as necessary to provide the Contractor with adequate
information to properly construct the roadway.
D. Layout Plan and Vertical Profile Sheets for all roadway improvements. The
street layout plans will also include removals and grading requirements based
on the approved geometry. RBF is under the assumption that the City will
wish to slurry seal the full street width to eliminate the existing striping
pattern and provide a clean surface for the proposed striping layout. These
plan sheets will also show the locations of the proposed perimeter walls, per
the City of La Quinta Standard details.
rL,
Scope of Work Program
E. Slope Protection Plan for the removal and replacement of the existing slope
protection located at the northeast corner of the Coachella Valley Stormwater
Channel and Dune Palms Road. These improvements will be shown on a
plan sheet in accordance with CVWD standards. The plan sheet will be
submitted to the City and CV WD for review and approvals.
F. Signing and Striping Plans for all necessary traffic signing and striping
along Dune Palms Road including the portion of street to the north of
Westward Ho Drive to remove the right turn only signs and pavement
markings. The plans will be prepared in accordance with the City's and
Caltrans' latest Standard Plans and Specifications.
G. Intersection Storm Drain Plan for the proposed catch basin at the southeast
corner of Dune Palms and Westward Ho. This catch basin will connect into
the existing storm drain line in the west side of Dune Palms. The storm drain
plan will be prepared one plan and profile sheet, at a scale of 1 "=401
.
In addition to the above mentioned plans, RBF will prepare roadway cross sections identifying
existing and proposed ground at 25 foot intervals over the length of the proposed widening for
the purpose of earthwork calculations.
The 35% concept review will contain proposed geometry information (plan and profile) as will
as utility conflicts, existing topography and right of way limits. RBF will prepare final roadway
plans in conformance with the approved concept plans and submit to the City for review at 85%
and 100% completion. Mylar plan sheets will be submitted after the approved of the 100% plan
submittal package.
Deliverables:
Improvement Plans at 35% 85%, 100%, Preliminary Final and Mylar.
Task 9: Specification and Bid Document. RBF shall prepare construction
specifications, using the City provided "boilerplate" for the contract documents and general
provisions. Technical specifications shall be prepared for construction of each item of work in
the Project. In addition, RBF will fill out the bid schedule, matching the item number with their
corresponding specification and line item in the Engineers Estimate. Prior to the publication of
the final package, RBF will review the document. Specifications will be provided starting with
the 85% plan submittal.
RBF will prepare the following items for the Bid Document: Project Description including all
major work items, working days, liquidated damages based on Caltrans Specifications,
contractor submittals prior to mobilization, special traffic control requirements or coordination,
all of section 4000, and bid schedule.
0 pane P]nvl Rn Ot lrnfi!"Ovf 4t nl
Scope of Work Program
Deliverables:
Special Provisions for the Project
Prepare Bid Schedule
Review final Bid Package and Provide comments
Task 10: Engineers Estimate. RBF will prepare a preliminary cost estimate of the
proposed improvements based upon the approved preliminary design plans, utilizing the current
edition of the Caltrans Contract Cost Data Book and recent bid information from area bids for
unit costs. The preliminary cost estimate will include construction items, private property
improvements, utility relocations, right-of-way, and water quality measures. Based on the final
design plans, RBF will prepare a final opinion of probable construction costs estimate, with
each bid item entry matching the corresponding Bid Schedule and Specification. The final cost
estimate will be utilized by the City staff for evaluation and comparison of the Contractor's bid
results.
Deliverables:
Engineers Estimate at Plan Submittal Stages (35%, 85%, 100%, Prelim Final and Mylar)
Task 11: Services During Bidding. The City will complete the bid documents, advertise
the project for bidding and distribute the plans to prospective bidders. The City's project
coordinator will be the designated person to receive contractor inquiries. RBF's project
manager and project staff will assist the City as requested during the bidding. The work may
include answering questions, providing consultation and interpretation of the construction
documents, and assisting the City in preparation of addenda to the PS&E during the
advertisement period. RBF will attend the pre -bid and pre -construction meetings unless
otherwise notified by the City. At the request of the City RBF will attend the bid opening and
provide analysis of bids. For this task RBF assumes 16 total hours, to be billed on a Time and
Material basis.
Deliverables:
Attendance at Pre -Bid Meeting (As requested)
Attendance at Pre -Construction Meeting (As requested)
Task 12: Post Design Services. RBF's project manager and project staff will be available
to assist the City during the construction process. A budget amount has been prepared to
provide a minimal amount of post design services. This budget may require adjustment
depending on the level of Consultant involvement required during construction. Upon written
request by the City, the Consultant shall provide the following construction support services:
A. Assist the City during construction by responding to Request for Information (RFI),
clarifying drawings, and generally assisting the City to ensure that the project is constructed in
accordance with the plans and specifications.
B. Provide advice and technical support for construction change orders
�X Tf. DkiVic paiwj R(w ii p;aVt teal, CF
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scope of Work Program
For this task RBF assumes 16 total hours, to be billed on a Time and Material basis.
Deliverables:
Respond to RFI Questions
Provide technical support as necessary
The following tasks are Optional items as recommended by RBF Consulting.
Task 13: Right of Way Services (OPTIONAL TASK). If requested by City Staff, RBF
with the assistance from Overland Pacific and Cutler (OPC) will provide the services to assist
the City in the negotiations with the Dune Palms Mobile Estates owners on the encroachment of
mobile units and hard improvements within the street right of way.
Depending on the decision by City Staff on making the encroachment eligible for relocation,
the following is the scope of work tasks that Overland Pacific Cutler (OPC) would provide to
the City on a requested basis.
Appraisal Services
I. OPC will mail a notification letter and acquisition policies brochure to the property owner,
requesting permission to conduct an on -site inspection of the property, advising them of their
right to accompany the appraiser at the time of the inspection, and requesting information
regarding the property appraised which could influence the appraised value.
2. Appraiser will review title information pertaining to respective ownerships and will review
drawings and other pertinent information relative to the parcel.
3. Appraiser will inspect each property personally with the owner (if possible) and document the
inspection with photographs for use in the report.
4. Appraiser will inventory all improvements affected by the proposed taking including notes on
their manner of disposition (i.e., pay -for and remove vs. move back).
5. Appraiser will perform market research to support the selected appraisal methodologies and will
document and confirm comparable sales information.
6. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of
Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve
as an acquisition appraisal and will be prepared in a summary format consistent with the
specifications for narrative appraisal reports.
7. OPC will receive and analyze the completed appraisal reports.
Acquisition Services — Mobile Home Owner
I. Establish and maintain complete and current ownership files in a form acceptable to the client.
2. Receive and analyze title information, approved appraisal reports and descriptions in sufficient
detail to negotiate with mobile home owners and other parties.
3. Prepare all offer letters, summary statements, and lists of compensable items of fixtures and
equipment, in accordance with state or federal regulations and approval of client.
4. Present written purchase offers to owners or their representatives in person, when possible.
Secure receipt of delivery of offer as practical and present and secure tenant information
statements, as applicable.
n Dune pairs Ps, a rat l3 ro��ernercts ��
Scope of Work Program
5. Notify relocation agent of initiation of negotiations within 2 business days and provide appraisal
information, occupant contact information, and tenant information as necessary.
6. Follow-up and negotiate with each property owner, as necessary; prepare and submit
recommended settlement justifications to client for review and approval; review any
independent appraisal secured by property owner and coordinate reimbursement of appraisal
fees (up to $5,000) with client. Ongoing negotiations and settlement discussions will continue
for 8 weeks after the initial offer or until we reach settlement or impasse.
7. Prepare and assemble acquisition contracts, deeds and related acquisition documents required
for the acquisition of necessary property interests. Legal descriptions to accompany easements
or to accompany partial acquisition deeds are not included in this Scope of Work.
8. Maintain a diary report of all contacts made with property owners or representatives and a
summary of the status of negotiations indicating attitude of owners, problem areas, and other
pertinent information. Copies of all applicable written correspondence will be maintained in
files.
9. Transmit executed acquisition documents to client. Each transmittal package shall include a
fully executed and properly notarized deed(s), fully executed acquisition contract with
attachments, and a brief settlement memorandum which summarizes the pertinent data relative
to the transaction.
Escrow Coordination Services
Assist the escrow/or provide internal escrow services:
1. Open escrow and coordinate execution of closing instructions providing for title insurance
coverage at the settlement amount.
2. Provide escrow officer with fully executed acquisition contract and bill of sale.
3. Review settlement statement for accuracy.
4. Coordinate deposit of acquisition price and estimated closing costs with escrow.
5. After the closing, review the title insurance policy for accuracy.
Title Clearance Services
1. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in
the settlement memorandum and escrow instructions.
2. Coordinate payment of taxes due and release of liens.
3. Secure full reconveyance instruments from lien holders of record.
4. Coordinate lost instrument bonds as may be necessary.
5. Coordinate and facilitate recordation of corrective deeds to clear vesting issues.
6. Secure subordination agreements from conflicting easement holders.
Relocation Plan Preparation Services
1. Interview all potentially affected occupants to determine relocation needs. The interview queries
business needs, special licensing or zoning needs, needed permits, information on trade areas,
special moving requirements, etc. The interview also queries household information such as: the
number, ages and gender of all occupants, income of the household, distance to employment and
utilized neighborhood services, special needs of the household, etc.
2. Research the marketplace for available replacement locations and/or establish rent schedules for
compiling project costs.
3. Compile statistics on available housing and business replacement sites.
4. Calculate potential project costs.
5. Present draft relocation plan to client.
D Dune t'siEri R`3d
Scope of Work Program
6. Distribute plan to project participants and make it available for public inspection.
7. Make any needed revisions brought up during the public inspection period.
8. Participate in adoption presentation meeting.
Relocation Assistance Program Implementation Services
1. Secure basic case information and set up case file; maintain the necessary case
documentation and contact diary throughout the course of our involvement with the claimant.
2. Conduct initial in-depth field interview with claimant: Document rent, income, family size,
names/ages of occupants and determine relocation needs, preferences and special
requirements; provide general information notices and brochure; explain relocation process,
rights and benefits available.
3. Provide on -going advisory assistance to minimize hardships on claimants, including referrals
to and coordination with community service resources, public housing and other public
services as needed.
4. Document rent with rental agreement, receipts, or economic rent if needed.
5. Document/verify income using pay stubs, budget worksheets, tax returns, certification,
and/or cash affidavit as necessary. Use rent -to -rent method if income cannot be verified.
6. Assist with the reconciliation of FF&E ownership among owner and tenant.
7. Create rent schedule for project as appropriate and if authorized by client.
8. Search for and document comparables for each claimant: provide initial referrals and three
sets of additional housing referrals every 4-6 weeks, as necessary; search for available non-
residential sites until OPC recommends at least one appropriate site or determines that no
such site exists. Provide with any referral, an evaluation form which requests feedback as to
the suitability of the site referral, and attempt to secure response from claimant.
9. Prepare letter of eligibility based on most appropriate comparable or rent schedule, and seek
authorization of client.
10. Deliver letter of eligibility to claimant, discuss findings and impacts to occupants' particular
needs. Amend the letter of eligibility one additional time if the economics of the
comparable's availability changes over the course of our assignment.
11. Prepare and deliver 90-day notices to vacate no later than 12 weeks after general information
notices have been delivered.
12. Arrange for transportation to view replacement sites if needed; assist claimants with their
selection of a replacement site, with lease offers, with review of rental agreements, and with
move bids or fixed moving payment.
13. Inspect selected site to ensure it meets decent, safe, and sanitary requirements.
14. Monitor the replacement site escrow and explain the relocation process to agent and escrow
officer as necessary.
15. Review and discuss claimants' moving plans, build -out specifications and personal property
inventory and coordinate eligibility limitations in advance of physical move.
16. Verify vacation of the displacement site and secure a certificate of abandonment.
17. Determine eligibility for proposed amount of relocation benefits, including actual and
reasonable moving payments, rental/purchase differential payments, re-establishment
payments, and fixed payments as applicable.
18. For residential moves, secure and process an advance claim to assist with the move, and a
second final claim incorporating the moving costs and rental/purchase differential payment
once family has moved to selected displacement site. For non-residential moves, secure and
process moving assistance, re-establishment, in -lieu, or settlement claims ensuring that no
item was duplicated in the acquisition process.
O0 ouni Patmr Read
Scope of Work Program
19. Each claim will be signed by the claimant, supported by appropriate back-up (written bids,
schedules, receipts, etc.), and will be reviewed by OPC's project manager for
recommendation before submitting to client for approval. Each claim check will be delivered
to claimant in person (as feasible) and a receipt of payment will be secured.
Supplemental Relocation Assistance Services (optional service)
1. Provide support to client for claimant appeals.
2. Provide additional site referrals beyond that which was presented in Scope of Work.
3. Continue to work with claimant beyond 180 days from general information notice.
4. Administer periodic payments of relocation benefits.
5. Security or dual consultant services which may be necessary in hostile/violent households.
6. Translation services (other than Spanish) if needed by OPC and requested by client or
claimant.
7. Section 8 administration or processing services where OPC aids in the application process on
behalf of claimants or is converting conventional units to Section 8 units.
Task 14: IID Coordination on Undergrounding (OPTK)NAL TASK). Based on the
RDA decision on underground of the overhead distribution facilities, RBF will coordinate with
IID on the location of the conduit system and provide the necessary references to the III)
developed plans in the overall street improvement plans and project specifications.
Additionally, RBF will provide a bid schedule showing the IID conduit and structure work as
an Alternate Bid Item. This task also includes the review and comment on the IID plans with
IID Staff.
Deliverables:
Coordination with IID staff on the Underground Plans
Review and Comment on Underground Plans
Preparation of the necessary special provisions and bid schedule items
Placement of cross reference notes in improvement plan set.
Task 15: Legal and Exhibit Mobile Home Managers House (OPTIONAL TASK).
RBF will prepare the necessary legal description for the acquisition of the home site at the
southwest corner of the mobile home park. RBF will also verify that all improvements
associated with this site will be contained within the proposed acquisition site area. Following
City approval of the legal description and exhibit, RBF will prepare the Grant Deed document
necessary for the land transfer for the City's use.
Deliverables:
Legal and Exhibit for Mobile Home Park Managers House (one; legal)
Conveyance Document
o rune Palm R�sad ii �zr^_v�,� .:nrs "�
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis for the Base Contract Amount 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 One Hundred
Ten Thousand, Two Hundred Ninety -Four Dollars and Zero Cents ($110,294.00)
except as specified in Section 1.6 - Additional Services of the Agreement.
Base Contract Amount: $ 66,736.00
Reimburseable Budget:
$
5,700.00
Optional Task 3A:
$
9,276.00
Optional Task 13:
$
23,670.00
Optional Task 14:
$
2,276.00
Optional Task 15:
$
2,636.00
Total Not to Exceed Fee:
$110,294.00
The project includes optional tasks. The Consultant shall not proceed with
any optional task unless authorized in writing by the City of La Quinta.
Last revised 6-30-09
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ACORD„ CERTIFICATE OF LIABILITY INSURANCE DA
422010T7/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana CA 92711-OSSO
INSURERS AFFORDING COVERAGE
INSURED
RBF Consulting
PO Box 57057
Irvine CA 92619-7057
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
UCY EXPIRATION
LIMITS
ILITY
CIAL GENERAL LIABILITY
IMS MADE i]OCCUR
630SOOD4092
EACHOCCURRENCE
$1 000 000
FIRE DAMAGE (Any one fire)
$1 000,000
MEO EXP(Anyone person)
Sl0 000
PERSONAL B ADV INJURY
$1 000 000
CTUAL
MP0UCY[XjEQI
7---
GENERALAGGREGATE
$
XCU
PRODUCTS - COMPIOP AGG
$2 00O 000
GATE LIMIT APPLIES PER:
X PRO LOC
A30/2010
AUTOMOBILE
LIABILITY
8109496B499
11/30/2009
11/30/2010
COMBINED SINGLE LIMIT
(Ea accident)
$1 000 000
X
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Per person)
S
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per accident)
$
X
NON -OWNED AUTOS
PROPERTY DAMAGE
(Par accitlent)
$
GARAGE LIABILITY
ONLY ACCIDENT
$
r110ERTHAN EA ACC
NLY: AGG
S
ANY AUTO
$
C
EXCESS LIABILITY
SSE00071722276
11/30/2009
11/30/2010
EACH OCCURRENCE
$10 000 000
AGGREGATE
$ 000 1 O QQ
X OCCUR CLAIMS MADE
Professional
$
Liability i5
$
DEDUCTIBLE
Excluded
TT -WC STATU- OTH-
$
RETENTION $
WORKERS COMPENSATION AND
E.L. EACH ACCIDENT
$
EMPLOYERS' LIABILITY
E.L. DISEASE EA EMPLOYE
$
E.L. DISEASE-POLICYLIMIT
$
B
OTHER
Professional Liability
PI099400
11/30/2009
11/30/2010
Per Claim $1, 000, 000
Annl Aggr. $2,000,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
eneral Liability policy excludes claims arising out Of the performance of professional services.
Independent Contractors Included
e: Dune Palms Road Improvements; REP JN 20-101248
City of La Quinta, City employees and officers, the City Engineer, its consultants, elected officials, agents and
sub -consultants are additional insured as respects to General and Auto Liability as required by written contract.
Primary and Non -Contributing coverage applies to GL as required by written contract.
City of La Quinta
78-495 Calle Tampico
La Quinta CA 92253
,D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
'.E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
I TO THE LEFT.
AUTHORIZED
V
-i
POLICY #: 8109496B499
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 ofthe Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion 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: 4/27/2010 Countersigned By:
Named Insured:'.
RBF consulting
Authorized presentative)
SCHEDULE
Name of Person(s) or Organization(s): Any person or organization for whom you have agreed in
a written contract or agreement to provide insurance
but only for damages which are covered by this
insurance and which you have agreed to provide in such
(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
COMMERCIAL GENERAL LIABILITY
63050OD4092
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended
to include any person or organization that you
agree In a "written contract requiring insurance"
to include as an additional Insured on this Cover-
age Part, but:
a) Only with respect to liability for "bodily injury",
"property damage' or "personal injury"; and
b) If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent ads
or omissions of such person or organization.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a)
b)
In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". This endorsement shall not in-
crease the limits of insurance described in
Section III — Limits Of Insurance.
The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
il. Supervisory, inspection, architectural or
engineering activities.
c) The insurance provided to the additional in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products -completed op-
erations hazard" unless the "written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period of time for
which the "written contract requiring insur-
ance' requires you to provide such coverage
or the end of the policy period, whichever is
earlier,
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basis, that is
available to the additional insured for a loss we
cover under this endorsement. However, if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primary and non-contributory basis,
this insurance is primary to 'other insurance"
available to the additional insured which covers
that person or organization as a named Insured
for such loss, and we will not share with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that Is available to the addi-
tional insured when that person or organizatlon is
an additional insured under such 'other insur-
ance'.
4. As a condition of coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an "occur-
rence' or an offense which may result Ih a
claim, To the extent possible, such notice
should include:
CG D2 46 08 05 0 2006 The St, Paul Travelers Companies, Inc. Page t of 2
A
COMMERCIAL GENERAL LIABILITY
1. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
Ill. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
I. Immediately record the specifics of the
claim or "suit" and the date received; and
II. Notify us as soon as practicable.
The additional Insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "sult", cooperate
with us in the Investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional Insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition does not affect whether the insur-
ance provided to the additional insured by
this endorsement is primary to "other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 3.
above.
S. The following definition is added to SECTION V.
—DEFINITIONS:
"Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily injury" and "property damage" oc-
curs and the "personal injury" is caused by an
offense committed:
a. After the signing and execution of the
contract or agreement by you;
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 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05
Wait 4lw4".rw
PROJECT NO. 2009-04
PROFESSIONAL SERVICES AGREEMENT
DUNE PALMS ROAD WIDENING IMPROVEMENTS
CONSULTANT: RBF CONSULTING
Attention: Brad Donais, P.E.
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1655
CONTRACT AMENDMENT NO. 1
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 base contract amount for this Agreement.
Unless otherwise stated all work shall conform to the terms, general
conditions, and special provisions of the Agreement.
DESCRIPTION OF CHANGE
This contract amendment authorizes RBF Consulting to perform the scope of
work for the following optional tasks: Task 3A — Utility Potholing ($9,276);
and Task 14 — IID Coordination on Undergrounding ($2,276). In addition,
RBF Consulting is authorized to shift an amount not to exceed $4,700 from
optional task 13 to the following new work objectives: Additional Task 1 —
Additional Topographical Survey ($1,800); and Additional Task 2 — Street
Improvement Plans ($2,900). RBF Consulting's Additional Work Request
Number 1, dated November 10, 2010, is attached and made a part of this
Contract Amendment.
This Contract Amendment does not result in additional contract funding.
MiF#iiFRiF'.F iF iF iF 3E iFxk%iF iF'.Ff+iFaiiF iF iF iFYk%iE#iiF iF%%'.F iFYiF MiFYIfF iF iF iF '.F%M kaiF 9F
Previous Contract Amount Thru Contract Amendment No. -0- $110,294.00
Add this Amendment $0.00
Revised Contract Total $110,294.00
Page I of 2
The contract completion date is not affected by this contract amendment.
Submitted
By:
Date:
Approved 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 a# services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above.
Accepted Title:
By:
Consultant: Cron k I�; tiY Date: (I z5 l i
Page 2 of 2
T4,Yl- 4 414 Q94trcu
PROJECT NO.-29A9-04
2409-OK-
PROFESSIONAL SERVICES AGREEMENT
DUNE PALMS ROAD WIDENING IMPROVEMENTS
CONSULTANT: RBF CONSULTING
Attention: Brad Donais, P.E.
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1655
CONTRACT AMENDMENT NO. 2
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 base contract amount for this Agreement.
Unless otherwise stated all work shall conform to the terms, general
conditions, and special provisions of the Agreement.
DESCRIPTION OF CHANGE
This contract amendment authorizes RBF Consulting to prepare a Temporary
Construction Easement (TCE), including legal description with appropriate
plat map exhibits for the affected Desert Sands Unified School District
(DSUSD) owned property adjacent to Dune Palms Road. RBF Consulting is
authorized to shift an amount not to exceed $1,400 from optional task 13 to
the new work objective. RBF Consulting's Additional Work Request Number
2, dated April 19, 2011, is attached and made a part of this Contract
Amendment. -
This Contract Amendment does not result in additional contract funding.
Previous Contract Amount Thru Contract Amendment No. -0- $110,294.00
Add this Amendment $0.00
Revised Contract Total $110,294.00
The contract completion date is not affected by this contract amendment.
Page 1 of 2
Submitted] Date:
By
i
Approved Date:
By: .r.... S S i t
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 afl services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above.
Accepted Title:
By: 77;LU:CE �, es; ,r
Consultant: '-RZ F Date: Ll / L9j I L 1
Page 2 of 2