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RBI Traffic/Eisenhower-Sinaloa Round A Bout 11
PROFESSIONAL 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 RBI Traffic ("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 preparation of the Plans, Specifications, and Engineer's Estimate (PS&E) for the Modern Round -A -Bout at the intersection of Eisenhower Drive and Calle Sinaloa, Project No. 2010-11, 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 2-17-II 1.5 Care of 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 I 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. Consultam services and work contracted for under and abilities and that, consistent with thi,, work will be held to a heightened standai with Section 1.4 hereinabove, Consults necessary skills and abilities to satisfy the in this Agreement. 1.6 Additional Services. In accord Agreement, Consultant shall perform sei Scope of Services ("Additional Services' Officer. Consultant shall not perform a written authorization from the Contract agreed that oral requests and/or approN, and are unenforeceable. Failure of Cor written authorization for Additional Servi right to adjustment of the Contract compensation, restitution, quantum me without the appropriate authorization fri for properly authorized Additional Ser, Section 2.2 of this Agreement. acknowledges and understands that the this Agreement require specialized skills understanding, Consultant's services and I of quality and workmanship. Consistent -it represents to City that it holds the heightened standard of work as set forth ice with the terms and conditions of this ices in addition to those specified in the when directed to do so by the Contract i Additional Services until receiving prior )fficer. It is specifically understood and Is of Additional Services shall be barred ultant to secure the Contract Manager's 3s shall constitute a waiver of any and all um or time due, whether by way of it, etc. for Additional Services provided n the Contract Manager. Compensation -es shall be made in accordance with 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. Last revised 2-17-11 2 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 Eighty -Two Thousand, Four Hundred Ten Dollars ($82,410.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. 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. Last revised 2-17-11 3 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on December 1, 2011 and terminate on December 31, 2012 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.7 or 8.8 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. W.J. "Rusty" Beardsley, T.E., Principal Last revised 2-17-11 4 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. 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. Last revised 2-17-11 5 5.0 INSURANCE 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) 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 Last revised 2-17-I 1 6 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. 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 written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 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. Last revised 2-17-11 7 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests Last revised 2-17-11 8 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. 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. 9. 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 with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) 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. 11. 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. 12. 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. Last revised 2-17-11 9 13. 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. 14. 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. 15. 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. 16. 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. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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. 18. 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. 19. 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. 20. 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 Last revised 2-17-11 10 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. 21. 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 INDEMNIFICATION. 6.1 General Indemnification Provision. a. 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. b. 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 Last revised 2-17-11 11 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. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. 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 6.2(b). Notwithstanding Section 6.2(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 Last revised 2-17-11 12 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 6.2(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. 7.0 RECORDS AND REPORTS. 7.1 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. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 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. Last revised 2-17-11 13 7.4 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. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 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. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long 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 8.7. 8.3 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. 8.4 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 Last revised 2-17-1l 14 waiver of any other default concerning the same or any other provision of this Agreement. 8.5 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. 8.6 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. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 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 8.3. 8.8 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 8.2, 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 8.3. 8.9 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. Last revised 2-17-11 15 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 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. 9.2 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. 9.3 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 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: John Falconer Acting City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Last revised 2-17-11 16 To Consultant: RBI TRAFFIC Attention: W.J. "Rusty" Beardsley, T.E. Principal 7421 Mayfield Street Corona, CA 92880 10.2 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. 10.3 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. 10.4 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. 10.5 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. (The remainder of this page intentionally left blank.) Last revised 2-17-11 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation ohn Falconer, Acting City Manager Date ATTEST: no, CMC, City Clerk APPROVED AS TO FORM: R'/" -A7�' .aherine Jen , City Attorney CONSULTANT: RBI Traffic By: Name: W.J. "Ru " Beardsley, T. . Title: Principal Date: (//� Itl Last revised 2-17-11 18 Exhibit A Scope of Services All work associated with this project shall be performed in accordance with the Consultant's scope of work related to the preparation of the PS&E for the proposed Modern Round -A -Bout at the intersection of Eisenhower Drive and Calls Sinaloa, Project No. 2010-11 which is attached and made a part of this agreement. Last revised 2-17-11 19 RBI Traffic SCOPE OF WORK FOR DESIGN OF ROUNDABOUT AT INTERSECTION OF EISENHOWER DRIVE AT CALLE SINALOA PROJECT NO.2010-11 The Scope of Work has been broken down into the following tasks. Any deliverables for a particular task will be marked either as "internal deliverable" or "City deliverable". Internal deliverables only need to be shared with team members who require them to continue or review the work. City deliverables will be either formal or informal submittals to City staff. 1 Kick-off Meeting An initial meeting between City staff and design team members (Mr. Ritchie by Teleconference) will be scheduled to allow for a complete understanding of the project and the City's expectations. Deliverable: Meeting minutes 2 Base Plan An accurate base plan of existing conditions will be prepared. 2.1 Research Existing Improvement Plans All relevant maps and plans supplied by the City will be reviewed to determine existing centerlines, rights of way, improvements, utilities and other facilities. 2.2 Collect Field Data A field survey will be performed at the intersection to accurately locate the locations of all existing improvements within the project scope of work, including, but not limited to; curb, gutter, walkways, utilities, block walls, striping, medians, and any other improvements. The field work will be used to supplement the information taken from the record drawings. This data will be tied to the existing centerline monuments. 2.3 Draft Base Plan Data collected in Tasks, 2.1, 2.2, 3.1 and 3.2 will be compiled into an AutoCAD drawing for planning and design use. Internal Deliverable: Scaled base plan in electronic format. 3 Utility Coordination Information regarding existing facilities will be collected directly from utility companies. Direct shipping costs (i.e. postage, plan reproduction and envelopes) for this Task shall be considered reimbursable. 3.1 Request Existing Facilities from Utility Companies Letters will be sent to each of the public utility agencies requesting information regarding facilities they have within the project area. Information gathered in this task will be incorporated into the base plan as it is received. 3.2 Follow-up Request for Existing Facilities Follow-up phone calls will be made as needed to all utility agencies that do not adequately respond to the request sent out in Task 3.1. 4 Review Existing and Future Conditions Roundabout designer will review base plan for a thorough understanding of existing conditions. Anticipated changes to the location, future volumes, design vehicle and percentage heavy vehicles will be determined to project future conditions for each turning movement. 5 Horizontal Design The horizontal roundabout design will be developed based on geometric parameters, volumes and safety. Basic parameters will be developed for the creation of a landscape design as well as street lighting type and location. This will be considered the preliminary or 30% design. City Deliverable: Three (3) copies of 1 "=20 scale, 24"x36" preliminary roundabout design plan. 6 60% Roundabout Design Adding vertical design aspects to the Horizontal design completed in Task 6, a 60% plan set and Special Provisions will be created. 6.1 Civil Improvement Design A complete civil improvement plan will be developed based on the preliminary design as approved by the City. Draft Special Provisions will be prepared for the civil portion of the improvements. Resurfacing of the roadway and environmental studies are not included in this scope. Internal Deliverable: One (1) 1 "=20 scale, 24"x36" civil improvement plan and associated technical specifications in electronic format to be forwarded to RBI Traffic for further processing. 6.2 Landscaping Design Based on the sight distance envelopes, grading radii, and min/max landscaping/grading heights provided from Task 6, two preliminary landscape designs will be developed. Chosen concept will be prepared including low voltage lighting. Task will include the landscape specific portions of the Special Provisions, Engineer's Estimate and bid documents Internal Deliverable: One (1) 1 "=20 scale, 24"x36" landscaping plan and details with associated technical specifications in electronic format to be forwarded to RBI Traffic for further processing. Scope of Work — Eisenhower/Calle Sinaloa RBI Traffic Page 2 6.3 Signing and Striping Design A detailed signing and striping plan will be created as part of this task. The plans created will follow the format used in Task 7.1 so that when combined, a single plan set will be produced. Internal Deliverable: One (1) complete set of Plans, including title sheet, civil, signing/striping and landscape plans along with the complete Special Provision and Engineer's Estimate, in electronic format to be forwarded to RTE for review. 6.4 Internal Review RTE will review PS&E to provide quality assurance and design control prior to submission to the City. City Deliverable: Three (3) sets of 1 "=20 scale, 24"x36" street improvement, landscape and signing/striping plans with details, title sheet, Special Provisions and Engineer's Estimate. 7 90% Complete Design Incorporate City comments and redlines into the preparation of the 90% complete Roundabout Design Plan, Specifications, Engineer's Estimate and bid documents. 7.1 Civil Improvement Design A final civil improvement plan will be prepared along with final revisions to the civil portion of the Special Provisions, Engineer's Estimate and bid documents. Internal Deliverable: One (1) final street improvement plan and associated Special Provisions, Engineer's Estimate and bid documents in electronic format to be forwarded to RBI Traffic for further processing. 7.2 Landscaping Design i A final landscaping plan will be prepared along with final revisions to the related portion of the Special Provisions, Engineer's Estimate and bid documents. Internal Deliverable: One (1) final landscaping plan and details with associated technical specifications, Engineer's Estimate and bid documents in electronic format to be forwarded to RBI Traff c for further processing. 7.3 Signing and Striping Design A final signing and striping plan will be prepared and incorporated into plans produced in Tasks 8.1 and 8.2 to create a single plan set. The final comprehensive Special Provisions, Engineer's Estimate and bid documents will also be compiled as part of this task. Internal Deliverable: One (1) complete set of Plans, Special Provisions, Engineer's Estimate and bid documents in electronic format to be forwarded to RTE for review. 7.4 Internal Review RTE will review final PS&Eto to submission to the City. provide quality assurance and design control prior Scope of Work— Eisenhower/Calle Sinaloa RBI Traffic Page 3 City Deliverable: Three (3) sets of l "=20 scale, 24"x36" final roundabout design plans with title sheet, Special Provisions, Engineer's Estimate and bid documents for submission to the City. 8 100% Complete Design Incorporate City comments and redlines into the preparation of the Roundabout Design Plan, Specifications, Engineer's Estimate and bid documents for final submittal. Mylar copies to be prepared for City's signature upon approval. City Deliverable: Three (3) sets of I" =20 scale, 24"x36" final roundabout plans, stamped and an electronic copy of the Plan, Special Provisions, Engineer's Estimate and bid documents. Final Mylar plans to be prepared upon approval, signed by a Registered Civil Engineer, and submitted to the City for signature. 9 Coordination/Meetings Coordination and management of all efforts in the preparation of the final roundabout PS&E. Task assumes four on -site meetings and/or conference calls. 10 Bid Support Technical support during the bidding and award process will be on a Time and Material basis. 11 Construction Support Engineering support during project construction will be on a Time and Material basis. Scope of Work— Eisenhower/Calle Sinaloa RBI Traffic Page 4 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis for the Base Contract Amount (Contract Items 1-9) and on a "Time and Materials" basis for the Optional Contract Items (Contract Items 10-11) 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 Eighty -Two Thousand, Four Hundred Ten Dollars ($82,410.00)except as specified in Section 1.6 - Additional Services of the Agreement. The following represents a summary of the contract compensation: Base Contract Amount (Items 1-9): $ 77,075.00 Time and Materials Budget (Items 10-11): $ 4,335.00 Reimburseable Budget: $ 1,000.00 Total Not to Exceed Fee: $ 82,410.00 Last revised 2-17-11 20 CITY OF LA QUINTA COST PROPOSAL SHEET PROFESSIONAL ENGINEERING AND DESIGN SERVICES PROJECT NO. 2010-11 SHEET 1 of 1 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for Project No. 2030- 11 and will be used as the basis for negotiationg a Professional Services Agreement: ens 1unADOUT DESIGN Work Objectives Proposed Cost 1 Kick-off Meeting $940 2 Base Plan $2,980 tTask 3 Utility Coordination $2,765 4 Review Existing/Future Conditions $360 5 Horizontal Design (30%) $13,670 6 60% Design $33,570 7 90%Design $16,475 8 100% Design $1,980 9 Coordination/Meetings $4,335 TOTAL LUMP SUM FIXED FEE: $77,075 10 Bid Support (Optional T&M) $1,180 11 Construction Support (Optional T&M) $3,155 SUB -TOTAL $81,410 Reimbursables (NTE) $1,000 TOTAL BUDGET $82,410 ime Consuita ate Signed Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 2-17-11 21 ®■■■■■■■■■■■■■■■■■■III■�I`I■■ ®■■■■■■■■■■■■■■■■■■IIII■ICI■■■ I■■■■■■m■■■■■m■■nm■111=1■1I■ ■ 0■m■■■m■■■■■■■■■m■■1rn1■11■ ■ I■■■■■■■■■■■■FIB■■I`I■■■■■■■■ I■■■■■■■■■■■■I11 I■ICI■■■■■■■■■ I1■■■■■n■e■00111111s100100011■ I■■■■■■■■■■n■III 11 III■■■■■mne■ 0■■■■■■■■■■■■111,11111■■■■■e■■■ I■■■n■■■■■■m■I II:II=11 I■■■■m■■■■ 0■■■■■■■■■■I II=1■■■■■■■■■■■■■ In■■■■■■■■■I:I■■■■■■■■■■■■■■ I■■■■■■s■■■11■■■■■■■■■■■■■■ I■■■■■■■■■■II■■■■■■■■■■■■■■ 6■■■■■■■■■■I,1■■■■■■■■■■■■■■ c■■■■■■■■■■I.:I■■■■■■■monsoon o■■■■■■■■■■I I■■■■■■■■■■■■■■ 0■■■■■1?I■1J■■■■■■■m■■monsoon o■■no■1:1■■■■■■■s■ms■ssONION ooi 1■n1 llvl■■■■■■■s■no■■m■■■■■ ©■1 I■■111 Isonm■■■■■■s■■s■■■■■ ©■11111;I11 Im■IJ■■■■m■■■mm■■■s■■ 01:11 I1=11EI■1<111■1:11`1m■mmmm■mmonsoon e■®®®©®® NMI eSol a m■■■ee■ Exhibit D Special Requirements None. Last revised 2-17-11 22 tmenDF: T4011T — ACORDM CERTIFICATE OF LIABILITY INSURANCE 1 0;,;;°"""' PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427.6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED RBI Traffic 7421 Mayfield Street Corona, CA 92880 INSURER A: American Ins. CO. INSURER B: Travelers Casualty&Surety Co of Amer INSURER C: 'SURER D: INSURER E: GUVhKAtAt3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTWE DATE IMWDDfM POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY AZC80868854 General liab 11/15/11 11/15/12 EACH OCCURRENCE $1000000 PREMISES E.��00) DAMAGE TO RENTED $1 OO 000 MED EXP (Anyone person) $10000 CLAIMS MADE 5XIOCCUR excludes claims rising out of the performance of professional PERSONAL &ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMPIOP AGG E2 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROECT LOC J services A AUTOMOBILE UABIUTY ANY AUTO AZC80868854 Limits are 11/15/11 11/15/12 COMBINED SINGLE LIMIT (Ea accitlent) $Included ALL OWNED AUTOS SCHEDULED AUTOS Included in above GL limits. - BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY. (Per acdd.M) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO _ $ EKCESSIOMBRELLA LIABILITY OCCUR CLAIMS MADE - EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ WC STATU- OTH- $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ ANY PROPRIETOR/PARTNEMEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE- POLICY LIMIT $ $1,000,000 per claim $2,000,000 annl aggr. $0 Deductible B If yes, tlescribe under SPECIAL PROVISIONS below OTHER Profl. Liab - Claims Made Full Prior Acts 105369942 _ 11/15/11 11115/12 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Eisenhower -Sinaloa Roundabout PSA.pdf The City of La Quinta and its officials, employees and agents are additional insured as respects to General Liability policies as required by (See Attached Descriptions) City of La Quints Public Works Dept. Attn: Bryan McKinney 78.495 Calls Tampico La Quinta, CA 92247 25 (2001108)1 of 2 NS2921501M292147 LID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL R9IDBNS R=MAIL 'A0_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,)aJOI1BnnBBROD000QdK REPRESENTATIVEe CAB © ACORD CORPORATION 1988 Additional Insured - Owners, Policy Amendment Section II Insured RBI Traffic Producer Dealey, Renton & Associates Schedule Name of Person(s) or Organiztion(s) City of La Quinta Public Works Dept. Attn: Bryan McKinney 78-495 Calls Tampico La Quinta, CA 92247 (If no entry appears above; information required to a as applicable to this Endorsement.) The following is added to Part I - WHO IS AN IN- SURED in the Business Liability Section of this polio 5. The person or organization shown in the schedule is also an insured, but only with respect to liability This form MUST be attached to change Endorser One of the Fireman's Fund Insurance Companies or Contractors - AB 90 67 12 93 Policy Number AZC80868854 Effective Date 11 / 15 / 11 Descriptions Of Operations Additional insureds continued: The City of La Quinta and its officials, employees and agents this Endorsement will be shown in the Declarations arising out of your work for that insured by or for you. All other terms and conditions of the policy apply. t when Issued after the policy is written. named in the policy. AB 90 67 12 93 ft,-iw (& rod 7421 Mayfield Street Corona, CA 92880 Voice: 951264.1963 Fax: 951.736.8106 MEM December 9, 2011 Bryan McKinney, P.E. Principal Engineer Public Works/Engineering Dept. City of La Quinta 78 495 Calle Tampico La Quinta, CA 92263 Dear Mr. McKinney: I certify that in the performance of any business activities for which this Professional Services Agreement (PSA) is issued, I shall not employ any person in any manner so as to became subject to the workers' compensation laws of California, and agree that if I should become subject to workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions of Section 3700.° 'I understand that failure to secure workers' compensation coverage is unlawful, and shall subject an employer to criminal penalties and civil fines up to $100,000, in addition to the cost of compensation damages as provided for in Section 3706 of the tabor Code, interest and Attorney's fees If you have any questions or need further assistance, please do not hesitate to contact the undersigned at the above number or at RBO,Tr �ftnLC1'19 jai; Sincerely, W. J.'RA' Beardsley, T.E. Traffic Engineer o� cF'y OF'i'�'O PROJECT NO. 2010-11 PROFESSIONAL SERVICES AGREEMENT: MODERN ROUNDABOUT AT THE INTERSECTION OF EISENHOWER DRIVE AND CALLE SINALOA PROJECT NO. 2010-11 CONSULTANT: RBI TRAFFIC Attention: W.J. "Rusty" Beardsley, T.E. 7421 Mayfield Street Corona, CA 92880 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 authorizes RBI Traffic to obtain utility pothole information at seven locations for the proposed Modern Roundabout Improvements at the intersection of Eisenhower Drive and Calle Sinaloa. RBI's additional work request outlining the approved scope of work and fee, dated June 28, 2012, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -0- $82,410.00 Add this Amendment 5$ ,885.00 Revised Contract Total $88,295.00 The contract completion date is not affected by this contract amendment. Submitted Date: B Approved / Date: Z By: *i##*Y# 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 specific wo k, a d hereby accept as full payment the amount shown above. Accepted By: Title: O W t- �7 Consultant: - Y ) 2 p FG. Date: '� (l o ! IT 7421 MayfleW Street Carona, CA 92880 Voice: 951.264.1963 Fax 951.736.8106 June 28, 2012 Bryan McKinney, P.E. Principal Engineer Public Works/Engineering Dept City of La Quinta 78495 Calve Tampico La Quirda, GA 92253 SUBJECT: EXTRA WORK REQUEST FOR POTHOUNG I. r-1� - t-..« •Y.loa.. Gtv . e 1."u . 1 bC-. r rl •�. •• �. r•. . n.} 0.. :J-' • r - I• • J ra : .• .'..- - I .I I• - rY «,. . 1 . .•.. 'li w4•I s r•.n r r •: .• - • rl - - I1 u • I• r. •.- Sift i ( y W. J. 'Rusty y. T.E. owner— RBI Traffic ss `y OFT' PROJECT NO. 2010-11 PROFESSIONAL SERVICES AGREEMENT: MODERN ROUNDABOUT AT THE INTERSECTION OF EISENHOWER DRIVE AND CALLE SINALOA PROJECT NO. 2010-1 1 CONSULTANT: RBI TRAFFIC Attention: W.J. "Rusty" Beardsley, T.E. 7421 Mayfield Street Corona, CA 92880 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 RBI Traffic to provide additional engineering services associated with the street lighting, storm drain and landscaping work objectives for the proposed Modem Roundabout Improvements at the intersection of Eisenhower Drive and Calle Sinaloa. RBI's additional work request outlining the approved scope of work and fee, dated August 1, 2012, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -1- $88,295.00 Add this Amendment 12$ ,165.00 Revised Contract Total $100,460.00 The contract completion date is not affected by this contract amendment. Submitted By: Date: i3-1Z By: /�__� Date:' y; 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 accept as full payment the amount shown above. t� J� t Accepted By: (Ns�Nst� vn F� 7"17er1.f6r,, Title: mW^t Consultant: Date: �r7(tZ I 7421 Mayfield Street Corona, CA 92880 Voice: 951.264.1963 Fax: 951.736.8106 "11WTlC August 1,2012 Bryan McKinney, P.E. Principal Engineer Public Works/Engineering Dept. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 SUBJECT: EXTRA WORK REQUEST: VARIOUS ITEMS Dear Mr. McKinney: RBI Traffic is requesting authorization to perform extra work that is outside the scope of our Professional Services Agreement for the preparation of PS&E for a roundabout at the intersection of Eisenhower Drive and Calle Sinaloa, Project 2010-11. The extra work falls under four categories: Landscaping - Work will consist of providing a design and specifications for an entry monument sign to be constructed in the roundabout. This will include an additional color rendering of the roundabout landscaping. This work will be performed by Hermann and Associates for a total cost of $4440.00 Street Lighting — At the City's request, Sustainable Civil Engineering Solutions will identify and incorporate into the PS&E a specialty street light design that will provide adequate illumination while satisfying the Citys wishes for an esthetically pleasing appearance and the "Dark Sky' ordinance. It is anticipated that the number and location of the street lights that are part of this project will need to be modified along with the related conduit runs. Revised voltage calculations will also need to be performed so that proper wiring sizes are provided for the new design. It is requested that $3,015.00 in additional funds be allocated to cover the engineering costs associated with this effort. Storm Drain — Sustainable Civil Engineering Solution's original estimate of effort required for this project was based on providing minor adjustments to the existing storm drain inlets. Unanticipated design constraints and roadway grades created the need to design extensive additions to the storm drain system to property drain the new roadway. This additional effort was at a cost of $4,260.00 in design costs that they are requesting be reimbursed by the City. Meeting Time — Sustainable Civil Engineering Solution did not anticipate participating in the 30% design submittal meeting hell in La Quinta. With the 90% and 100% plans and specs still to be submitted and discussed with the City, they are projecting that they will experience a shortfall in the meeting task by three (3) hours. Therefore, they are requesting that this task be increased by $450.00. Thank you for your consideration in reviewing these requests for additional work. If you have any questions on any Rem, please feel free to contact the undersigned at 951.264.1963 or by email at RBI.Traffic@gm ail.corm. S/inoerelly, W.J. `Rusty ardsley, T.E. Owner — RBI Traffic Hermann Design Group, Inc. dba Hermann & Associates 78365 Highway 111, PMB 332 La Quinta, CA 92253-2071 760-777-9131 Phone / 760-777-9132 Fax Name / Address VIA EMAIL RBI Traffic 7421 Mayfield Street Corona, CA 92880 E_ . . ROUNDABOUT - EISENHOWER/CALLE SINALOA LANDSCAPE ARCHITECTURE CHANGE ORDER 01 Hermann & Associates will provide the following services in addition to our original agreement with RBI Traffic for the City of La Quinta roundabout: Signage Design - Concept and Presentation Additional Roundabout Color Rending Illustration Monument Signage Design - Elevations and section details required to obtain City of La Quinta building permit for the monument sign. Scope incudes: working drawings, construction details, cross sections footing (including steel), specification as per certified engineer calculations. Electrical requirements and section details for Illuminated individual letters and required components will be illustrated. Coordination for Signage Design Outlined Above Work Authorization Date Estimate tf 8/I /M 127 201=4 Project col Total 1,250.00 Mrr Please sign and return via facsimile or email to I Total $4,440.00 rnm Sustainable Civil Engineering Solutions, Inc. JULY 30, 2012 Mr. Rusty Beardsley RBI Traffic 7421 Mayfield Street Corona, CA, 92880 Re: Change Order Request ___0ty_of_,a-Quinta-Round-About Desi Dear Mr. Beardsley: Sustainable Civil Engineering design proposal consisted of performing required field survey, preparation of base plan, 60%, 90%, and 100% plans & specification was based on the original scope of work which included minor adjustment to existing storm drain inlets and standard cobra head street light layout. Due to the geometric design constraints and roadway grades, additional Storm Drains had to be designed to address new roadway drainage conveyance. In addition, per City's direction standard cobra head streetlights should be changed to reduce the lumen in order to meet the City's ordinance, which would require a design of new lighting fixtures that would meet the safety requirement while meeting the City's dark sky ordinance. We would also like to point out that due to additional meeting attendance at 30% design stage, there is only 2.5 hours remaining to be spent on the coordination meeting task item. Since the 900% and 100% plans and Specs has not been submitted and/or discussed with the City, consideration shall be made to increase this task item as noted below. Category Princi al En ineer Desi n En ineer Total Storm Drain Design 6 Hrs @$1S0 Hr 32 Hrs@ $105 Hr $4,260.00 Street Light Design 4 Hrs @ $150 Hr Mrs @ $105 Hr $3,015.00 Additional Meetin 3 Hrs @ $150 Hr $450.00 $7,725.00 We would appreciate City's approval of requested Change Order. We look forward in continuing to serve you and the City of La Quinta by providing an exceptional service. Should you have any questions, or need further information, please do not hesitate to contact me at (951)231-2003�T: 801, or at (949)221-8669. Best _vi esAandari Ati Eskandari, RE Principal- Sustainable Civil Engineering Solutions, Inc. 1875 California Ave, Corona, CA 92881 E-Mail: aeC&s-ces com Website: www.S-CES.COM LO) 9 PROJECT NO. 2010-11 PROFESSIONAL SERVICES AGREEMENT: MODERN ROUNDABOUT AT THE INTERSECTION OF EISENHOWER DRIVE AND CALLE SINALOA CONSULTANT: RBI TRAFFIC Attention: W.J. "Rusty" Beardsley, T.E. 7421 Mayfield Street _ ___.C_orona, CA 92880 v _ _ ---- PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO.3 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 and fee schedule 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 RBI Traffic to provide additional engineering services associated with the incorporation of the value engineering plan check comments provided by the City of La Quinta for the proposed Modem Roundabout Improvements at the intersection of Eisenhower Drive and Calle Sinaloa. RBI's additional work request outlining the approved scope of work and fee, dated October 2, 2012, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -2- $100,460.00 Add this Amendment $10,950.00 Revised Contract Total $111,410.00 The contract completion date is not affected by this contract amendment. Aj�Bybmitted ,V -/;r" Date: // Approved By: / ## Date: R 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 war, , �and l reby accept as hell payment the amount shown above. Accepted By: _ / Title: 0. +P 0,4L Consultant: gPiT— Trr IFF, �-- C, Date: 1 m,418, ( -L— 1:421 a �YQeld.amet C4�tle. Cf19mo Ma OWA6i:.�NA663 Fa?E 9411MATM Qt:hoW 2: 2412" Bryan II�I�jnney, F:E.. pnrf�paC;F�g1(reer PybU4�meeing Dept C2m 7"00G (eTamptco La S3W.nte: �1-8�63 ISMO 7; O MW REQUEST: YALUE ENGNEEnwo AND RAvimG; that, is aqW( Me scdpe of mrr a mur1i18- - - I at the htmtbdW of A *,how *n itra OM OKMWto ,kY".(sty. It alter Mudes the xi Ie W Win SCE,S' TOWN ih;fttrad Thank You. for your ocR*qrotiqn In reyieyylrtg fh_s restuaW for adddP4ttal if your have. any questio[ x aryl" fit Please feel free to ,moW !i the undersigned W 901, 28,4;M& (* by email at RBI.Traffiefgma mm. 5 IN fey, fi.E Uxrcrer—CBI �% Sustainable Civil Engineering Solutions, Inc. OCTOBER 1, 2012 Mr. Rusty Beardsley RBI Traffic 7421 Mayfield Street Corona, CA, 92880 Re: Second Change Order Request City of La Quinta Round About Design Dear Mr. Beardsley: Per City of La Quinta's direction, Sustainable Civil Engineering Solutions performed a complete Value Analysis to re-examine the best methods to contain the project cost and improve the project delivery. The result of value analysis was discussed with the City on Sept 28, 2012. As result of these discussions, SCES will proceed with modifying plans and specifications accordingly. The scope of the value analysis and remaining tasks associated with the required tasks are listed below: 1. Evaluate Alignment of West Leg and redesign to avoid storm drain relocation and new curb construction to limit the project construction boundary 2. Evaluate Street Capacity as result of removal of Catch Basin and obstruction of drainage due to the roundabout location 3. Evaluate the finish pavement surface vs. existing elevations & D/W elevations to minimize the removal and roadway reconstruction 4. Evaluate the proposed parkway improvements against existing landscaping, and/or sidewalk to minimize impact to residents and reduce cost. 5. Re-examine the roundabout vertical elevation and drainage conveyance and present two options for consideration 6. Redesign the South Leg to reduce the storm drain extension, and modify the D/Ws and sidewalks, curb ramps accordingly. 7. Revise Plans & Specs to reflect the new recommended paving section 1875 California Ave, Corona, CA 92881 E-Mail: ae(@s-ces.com Website: www.S-CES.COM Sustainable Civil Inc. The following table represents the total number of hours associated with the above tasks and allocated additional hours needed to complete the design modifications. Category Principal En ineer Design Engineer Total Completed tasks No. 1-5 18 Hrs @$150 Hr 10 Hrs@ $105 Hr $3,750.00 Remaining Task No. 6 6 Hrs @ $150 Hr 30 Hrs @ $105 Hr $4,050.00 Remaining Task No. 7 2 Hrs @$150 Hr 18 Hrs @ $105 Hr $2,190.00 Additional Meeting 4 Hrs @ $150 Hr $750.00 TOTAL $10,590.00 We would appreciate City s approval of requested Change Order. We look forward in continuing to serve you and the City of La Quinta by providing an exceptional service. Should you have any questions, or need further information, please do not hesitate to contact me at (951)231-2003, EXT: 801, or at (949)221-8669. Best Regards; Ati esk'anda- Ati Eskandari, RE Principal- Sustainable Civil Engineering Solutions, Inc.. 1875 California Ave, Corona, CA 92881 E-Mail: ae(&s-ces.com Website: www.S-CES.COM