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2013 RBF Consulting/Adams St. Signal ImprovPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Adams Street Signal and Street Improvements, Project No. 2012-01, 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 7-3.12 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 ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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 7-3-12 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 One Hundred Thirty Seven Thousand Dollars ($137,000) (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 7-3-12 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. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on February 19, 2013 and terminate on June 30, 2015 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). 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 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 Last revised 7-3-12 4 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. 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, Commercial General Liability insurance against all claims for injuries against persons or damages Last revised 7-3-12 5 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 Commercial 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 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 Last revised 7-3-12 6 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. 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 Last revised 7-3-12 7 edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. 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. Last revised 7-3-12 8 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. 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. Last revised 7-3-12 9 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 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. Last revised 7-3-12 10 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 caused 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 A 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 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 Last revised 7-3-12 11 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 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. Last revised 7-3-12 12 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. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials, including documents in electronic form, 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. Last revised 7.3.12 13 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 waiver of any other default concerning the same or any other provision of this Agreement. Last revised 7-3-12 14 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 7-3.12 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: Fraink J. Spevacek City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Last revised 7-3-12 16 To Consultant: RBF CONSULTING Attention: Brad Donais, P.E. Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 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 7-3-12 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation ATTEST: Y4-1� Susan Maysels, \City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: RBF CONSULTING By: Brad Donais, P.E., Vice President Date: I Z� �/3 Last revised 7-3-12 18 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: CONSULTANT: RBF CONSULTING By. I /z4/r3 Brad Donais, P.E., Vice President Date: Last revised 7.3-12 is Exhibit A Scope of Services Consultant's scope of work to related to the Preparation of the Plans, Specifications, and Engineer's Estimate (PS&E) for the Adams Street Signal and Street Improvements, Project No. 2012-01 is attached and made a part of this agreement. Last revised 7-3-12 19 Scope of Work Program Exhibit A Scope of Work Program 01/21/2013 Phase I Tasks The City of La Quinta will be attempting to obtain HSIP Federal Funding for the construction of this project. In order to obtain the Federal Grant monies a number of tasks will be completed early on in the project development process. Following submittal of the Grant application, the project will be suspended until the City has been notified of a selected project and obligation of funds. The following tasks have been denoted as Phase 1 tasks. It is the hope and intent for the City to obtain the necessary Right of Way, both TCE and Street Right of Way, prior to the notification of Federal Funds. RBF assumes the City will be taking the lead on any necessary right of way acquisitions with RBF assisting as requested by the City. 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 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 8 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 regularly scheduled meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 7 PDT and coordination meetings. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping 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. Task 2: Topographic Survey and Base Mapping. RBF will provide additional field topographic survey to augment existing topographic base mapping information collected from our prior Adams Street Bridge project. The field topographic survey will collect existing features within the proposed intersection footprint along Adams Street from Highway I I I to the south of the Coachella Valley Storm Water Channel. The topographic data collection shall include, but not limited to, all features within the 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), pull boxes, landscaping, existing sidewalk, curb, driveways and any other features that may be affected by the proposed improvements identified herein. The limits of the topographic base mapping will extend wide enough along Adams Street to encompass the necessary parking lot revisions to accommodate the new access location at Corporate Center Drive. Proposal © Adams Street Signal and Page 1-D Street Improvements, Proj. #2012-01 13 Scope of Work Program Task 3: Data Collection. RBF will research the City's website and coordinate with City staff for as - built plans, and mapping information as well as contacting Caltrans for any record drawings within the project area. RBF will also conduct a field review to perform a reconnaissance of the existing conditions as they relate to the information obtained from the City. Discrepancies will be noted. Photographs from the field reconnaissance will be assembled and a copy will be provided to the City. Task 4: Utility Identification, Coordination and Base 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. Utilit� 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. Utilities to be notified will include: electrical, gas, telephone, cable, water, and sewer. Utility Base Mao Preparation RBF will review record drawings, utility maps and proposed future utility improvements received from the utility companies and from the City and prepare a utility base map based upon the information provided on the drawings and maps. This Scope of Work excludes utility relocation design. Utility companies will perform design work with their own forces in preparing final utility relocation plans. No design fees have been included for the preparation of final signed plans, specifications, and cost estimates for any interim or permanent utility relocation. Utility 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. 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. At this time RBF does not anticipate the need to provide utility potholing, however if during the course of design it is determined potholing is necessary, RBF will provide the City with an estimate of potholing costs. Task 5: Preliminary Geometric Layout. Based on the previously approved concept plan, RBF will utilize the topographic data and base map to prepare a preliminary geometric layout verifying the limits of the proposed improvements and impacts to utility facilities and right of way. In addition, RBF will review the existing street geometry at the curb return of Corporate Center Drive. The preliminary geometric layout will RwProposal n Adams Street Signal and Page 2 D Street Improvements, Pro]. #2012-01 ❑ <=,. Scope of Work Program be prepared in plan -view only and will contain proposed improvements, pavement delineation, cut/fill construction limits, utility conflicts, property/right of way lines and proposed right of way easement areas. The layout will be prepared on a two sheets, one in each intersection direction. In addition, the preliminary geometric layout will contain information on the proposed median landscaping at the northern end of the project. RBF will submit two (2) copies of the plans to the City for review, comment and approval. The approved of the geometric layout will be used as the basis of the final construction plan set. Task 6: Traffic Signal Warrants Analysis. RBF will collect daily traffic volumes for a one -day period on each approach within the intersection. It is assumed that traffic counts will be collected along the following roadway segments. ➢ Adams Street ➢ Corporate Center Drive In addition, intersection peak hour turning movement traffic volumes will be collected in the morning, mid- day, and afternoon peak hours (8 hours total). Traffic data collection during the peak hours will include vehicles, pedestrians, and bicyclists. RBF will prepare traffic signal warrant analysis for the installation of a traffic signal system at the intersection of Adams Street at Corporate Center Drive. The traffic signal warrants will be prepared to determine if the intersection is warranted for the installation of a traffic signal under current conditions based on the traffic volumes that will be collected. The traffic signal warrants will be prepared using California Manual on Uniform Traffic Control Devices (CAMUTCD). RBF will prepare a traffic study report. The purpose of this study is to evaluate and analyze existing pedestrian/bicyclist/vehicle circulation patterns and operations in order to determine whether installation of a traffic control signal is justified at the project intersection. RBF will provide a Traffic Engineering Study Report which summarizes: existing conditions, existing pedestrian/bicyclist/vehicle circulation, references requirements and assumptions, and traffic signal warrant analysis. Supporting technical data and graphical illustrations (exhibits) will be included in the report. Three (3) copies of the report will be provided to the Client. Task 7: Right of Way Assessment & Exhibits. Based on the prepared base map and above mentioned geometric layout, RBF will prepare Right of Way assessment for the permanent road right of way as well as necessary temporary construction easements for each property adjacent to proposed widening activity. Each parcel will be depicted on separate sheets and will show existing rights of way, existing easements, required street right of way and temporary construction easements. These sheets will be utilized by the City to obtain the necessary easements for construction. Task 8: Legal and Exhibits. Based approved right of way assessment exhibits, RBF will prepare the necessary legal descriptions for the dedication of street right of way and/or construction easements within the improvement limits. This task will also include the preparation of the supporting Grant Easement documents per the City of La Quinta standards. In addition, RBF will obtain the title reports for the easement areas. At this time, RBF anticipates the preparation of a total of two legal descriptions, one for the roadway easement for the new access and the second for the temporary construction easement for modifications necessary to the parking lot and other areas as a part of the closure and relocation of the Kohl's Adams Street access across from Corporate Center Drive. Proposal u Adams Street Signal and Page 3-D Street Improvements, Proj. #2012-01 13 Scope of Work Program Task 9: HSIP Grant Application Preparation RBF will prepare the HSIP Grant Application and submit to the City for review and subsequent submittal to Caltrans. Phase 2 Tasks Following notification of award or non -award of HSIP Federal Funding, the City will authorize RBF to proceed with the following tasks. The level of effort for the environmental clearance will depend upon the receipt of Federal Funding for the project. Task 9: CEQA Environmental Approval. The RBF team will prepare a Categorical Exemption (CE) in support of the Adams Street Signal and Street Improvements project. Since the improvements are intended to reduce congestion and increase the level of service of the existing intersection, these improvements are anticipated to be consistent with a Class 1 exemption for Existing Facilities under Section 15301 of the CEQA Guidelines. Through the preparation of a Categorical Exemption, the Consultant will evaluate the environmental concerns and identify necessary conditions that qualify the project for a Categorical Exemption (15301.c ore -Existing Facilities). We will utilize the City's standard CEQA fortes, making any legislative updates, as necessary under CEQA. This scope of work has been completed for a Categorical Exemption, assuming that all project criteria meet the conditions noted for the project scope. Should the City determine that project conditions do not qualify under a CE, an initial study would be required and a separate scope of work and budget would be prepared for an alternative environmental document. We will also prepare the Categorical Exclusion Form in compliance with NEPA to submit for approval by Caltrans, assuming the obligation of HSIP Funding. Task 10: NEPA Environmental Approval (Optional). A key factor in the project's NEPA clearance will be consistency and compliance with the DOT'S Environmental Handbook and Local Assistance Procedures Manual. Chapter 6, Environmental Procedures of the Local Assistance Procedures Manual provides the DOT'S guidance for the development and processing of federal environmental documentation. The initial and most critical steps involve the successful preparation of a Preliminary Environmental Study (PES) Form. The PES Form will identify the necessary level of technical assessment required to support the environmental documentation for the project and generally summarize specific critical environmental issues that may affect project approval, programming, scheduling, design considerations, and project costs. On a broad level, the PES Form examines potential environmental issues associated with the project, including biological and cultural resources, air quality, noise (including air quality conformity review with the Regional Transportation Plan [RTP] and Regional Transportation Improvement Plan [RTIP]), hazardous materials, and construction -related effects. The resultant PES Form becomes the work scope for the required NEPA compliance documentation. RBF will be assisted by Parsons Brinkerhoff on preparing the NEPA document. Parsons Brinkerhoff s initial effort will focus on the development leading to an approved PES Form and initiation of the recommended studies identified in the PES. Environmental issues that may require further detailed study or that may delay or affect the viability of the proposed project will also be identified through our initial efforts. All technical documentation will be prepared in conformance with the NEPA of 1969, pertinent FHWA regulations, the DOT'S Environmental Handbook, CEQA, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction by law. A number of agencies, organizations and Proposal 0 Adams Street Signal and Page 4-1) Street Improvements. Proj. #2012-01 0 m Scope of Work Program consultant will be involved in this project. An important consideration is to ensure that the key players are well coordinated and kept informed regarding issues status, resolution, and schedule progress. PB will lead the environmental effort and interface with agencies and other interested parties to facilitate project delivery. Project Kickoff and Project Description The work program will be initiated with an Early Coordination Meeting that will define the parameters of the analysis, scheduling and understanding of this project. Based upon concept plan information and supporting data developed under separate engineering tasks, PB will draft a preliminary project description for review and approval by City and Department staff. Research and Investi ag tion PB will evaluate the necessary information with respect to the proposed project. Project research will include coordination with appropriate City departments to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps and reference documents. Preliminary Environmental Study (PEST In accordance with current Caltrans Guidelines, PB will prepare a PES Form in support of the engineering and design services to be provided by the consultant project engineer. PB will meet with City staff, the consultant project engineer, and Caltrans to define the project description and schedule and to develop a mutual understanding of the issues and impacts of the project. PB will prepare a draft PES Form using the standard Caltrans form. The draft PES Form will be reviewed amongst the project team including the City and project consultants, and revised, if necessary. Then the PES Form will be submitted to Caltrans for signature and distribution to the project team. PB's technical staff will attend one field meeting (site visit) as required by Caltrans to discuss possible environmental issues with its staff. RBF will prepare the Area of Potential Effect (APE) map. Technical Studies The following reports will be required if ground disturbing activities commence. If Caltrans District 8 determines additional studies beyond what is referenced below as part of the PES form approval, an updated detailed scope of work will be submitted: Biological Resources/Natural Environment Study - Minimal Impacts (NES-MI) A Natural Environment Study (Minimal Impacts) (NES-MI) consistent with current Caltrans guidelines will be developed based on the results of biological surveys, analyses and data compilation that will be conducted as part of a general plant and wildlife survey. The report will describe (1) the methodology used to conduct the biological surveys; (2) a qualitative description of the existing vegetation types and associated wildlife surveys found within the overall project site; (3) a table with the vegetation types present at each intersection and any potential resource issues; (4) a qualitative impact discussion identifying any potentially significant impacts and the project's relationship to the Coachella Valley Multiple Species Habitat Conservation Plan; and (5) recommend mitigation measures to reduce identified impacts. Air Quality Technical Memorandum Analysis PB will conduct an air quality analysis to satisfy NEPA, state and federal environmental requirements, and conformity provisions of the Clean Air Act Amendments (CAAA). The Air Quality Technical Memorandum Analysis shall be prepared in accordance with the latest following protocols/guidelines: Caltrans Transportation Project -Level Carbon Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for Qualitative Hot -Spot Analysis in PM2.5 and PM10 Nonattainment and Maintenance Areas, FHWA Interim Guidance Update on Mobile Source Air Toxic Analysis in NEPA Documents (updated September 30, Proposal o Adams Street Signal and Street Improvements, Proj. #2012-01 p aje 5_D Scope of Work Program 2009), and Caltrans' policy on greenhouse gas emissions. The project would fall under the Moving Ahead for Progress in the 21 st Century Act (MAP-21) and would require conformity documentation. Noise Study Report A preliminary noise analysis will be prepared to support the conclusions that the project will not have a significant environmental impact resulting in "No Impact" level. These proposed improvements do not change horizontal and vertical alignments of the roadway network or increase the traffic volumes in the project area. However changes in traffic flow may occur which can have an effect on noise levels generated by the traffic network in the project area near sensitive receiver locations. As part of the noise analysis, a background document review will be conducted of the project vicinity. A summary will be presented of the results of the background research and fieldwork. It will describe the project setting, identify and describe sensitive receptors, and discuss possible impacts, and potential abatement measures. The Noise Study Report documentation will also identify anticipated interagency coordination. Hazardous Material - Initial Site Assessment Checklist An Initial Site Assessment (ISA) checklist will be prepared in accordance with ASTM Standard Practice 1527-00 and the Department's Project Development Manual to determine if the proposed project area has the potential to be compromised by hazardous materials or wastes. The ISA checklist will be prepared based on the following objectives: (1) evaluate the potential for hazardous materials on the site based upon readily discernible and/or documented present and historic uses of the property and uses immediately adjacent to the site, and (2) generally characterize the expected nature of hazardous materials that may be present as a result of such uses. Materials that may constitute a hazardous waste include, but are not limited to petroleum products, pesticides, organic compounds, heavy metals, or other compounds injurious to human health and the environment. Field samples and laboratory analysis are not anticipated and included within this scope. Cultural Resource — Historical Properties Survey Report/Archeological Survey Report According to the Services Requested in the RFP, the proposed improvements would require ground - disturbing activities and thus require an investigation of the potential impact of the project on cultural resources. All cultural resources work will be performed in accordance with NEPA, CEQA, Section 106 of the National Historic Preservation Act (NHPA), and Caltrans guidelines and recommended procedures for prehistoric archaeological and historical archaeological resources. Cultural work would include literature searches at the Eastern Information Center (EIC) at the University of California, Riverside, and the San Bernardino County Museum and online databases, as well as archival research, Sacred Lands file searches from the Native American Heritage Commission (NAHC), letters to local Native Americans as recommended by the NAHC, an intensive -level pedestrian survey, recordation and preparation of Department of Parks and Recreation series 523 forms for any finds, and technical report preparation in compliance with Volume 2 of Caltrans' Environmental Handbook. Unless otherwise directed by Caltrans, this inventory will not include collection of cultural material. The Historical Properties Survey Report with the appended Archeological Survey Report will be submitted for Caltrans' review, and finals filed with District 8 and the EIC. Technical cultural reports will include a Historic Property Survey Report (HPSR) and an Archaeological Survey Report (ASR). Environmental Categorical Exclusion (CatEx) Draft Preliminary Environmental Evaluation Working in consultation with the relevant agencies, PB will prepare a draft statement of NEPA Purpose and Need. In cooperation with the agencies and the project engineer, PH will use the Project Description for each of the alternatives to be considered to meet the Purpose and Need. The establishment of Purpose and Need along with the project description are critical to the success of the project. The Purpose and Need/project objectives will require approval by the City and Caltrans. RBFProposal 13 Adams Street Signal and Pade 6-D Street Improvements, Proj. #2012-01 0 Scope of Work Program This scope of work is based upon a no -build and one build alternative PB will prepare the Categorical Exclusion (CatEx) per Caltrans and FHWA guidelines; its format will be determined in discussions with the agencies. Final Preliminary Environmental Evaluation PB will incorporate the City and Caltrans comments into the Environmental Evaluation. Screencheck Draft Environmental Document (Catex) RBF will incorporate the Purpose and Need/Project Description from prior task(s) and the technical studies into the screencheck document. PB will provide the Screencheck CatEx to agencies for review and comment, and then revise it in response to the agencies' comments. A revised Screencheck CatEx will then be provided to the agencies for review and comment, and it will be revised again in response to the agencies' comments. Draft Categorical Exclusion (CatEx) Based on the previous task, PB will draft the CatEx for submittal to Caltrans for their review and approval. There is no public circulation requirement for this level of environmental documentation. Environmental Commitments Record Prior to City approval of the proposed project, PB will prepare an environmental commitments record, including monitoring forms, to assist the City in implementing the avoidance and minimization measures contained in the CatEx. Task 11: Project Management (NEPA — Optional Task). If the project will require NEPA approval, the project schedule and subsequent project management activities will increase due to the processing time with Caltrans on the NEPA process. 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 RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the NEPA process will take approximately 9 months to complete. 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 regularly scheduled meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 7 PDT and coordination meetings. Proposal 0 Adams Street Signal and Street Improvements, Proj. #2012-01 0 Page 7-0 Scope of Work Program Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping 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. Task 12: Improvement Plans. Based on the approved Preliminary Geometric Layout, RBF will prepare the appropriate intersection and median improvement plans including a project title sheet, typical sections, construction details, horizontal alignment layout plans, vertical profiles, grading, drainage, and cross sections of the proposed roadway improvements and signal modification improvements and submit to the City for review and comment. This base task includes the preparation of the following plan sheets: ■ Prepare a project title sheet consisting of the City standard sheets along with pertinent notes and location maps. • Prepare typical cross sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. ■ Develop the final horizontal layout and the vertical profile for the proposed roadway based on the approved alignment layout and City comments. • Prepare street layout plan and vertical profile drawings for all roadway improvements. The street layout plans will also include removals, grading, and drainage schemes based on the approved preliminary design. • Prepare median landscape plan in conformance with the preliminary with the approved preliminary geometric layout plan and submit to the City for review at 90%, 100% and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. • RBF will prepare final roadway plans in conformance with the approved preliminary geometric layout plan and submit to the City for review at 90%, 100% and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. Project Title Sheet along with pertinent CIP construction notes and location maps. Typical Sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. 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. 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. Storm Drain Plan for the modification to the two existing catch basins north of Highway 111. The storm drain plan will be prepared one plan and profile sheet, at a scale of 1"=40'. Signing and Striping Plans for all necessary traffic signing and striping for the proposed intersection improvements within the above mentioned base project limits. The plans will be prepared in accordance with the City's and Caltrans' latest Standard Plans and Specifications. Proposal 11 Adams Street Signal and Page 8-D Street Improvements, Proj. #2012-01 0 Scope of Work Program Traffic Signal Plan for the proposed signal at Adams Street and Corporate Center Drive. RBF will research and review available data for use and reference for preparation of the Traffic Signals. Following a field walk and review of available plans of the intersection, RBF will identify any potential constrains that may be encountered in relation to proposed improvements. It is anticipated that construction notes will be provided for the installation of traffic signal interconnect to the Adams Street/Highway I I I intersection. RBF will prepare traffic signal and intersection lighting modification plan for one traffic signal system. The traffic signal and intersection lighting modification plan will be prepared at 1"=20' scale and in accordance with standards set forth by the City and Caltrans. A traffic signal detail sheet will be included showing traffic signal equipment details. In addition to the above mentioned plans, RBF will prepare roadway cross sections identifying existing and proposed ground at 50 foot intervals over the length of the proposed widening for the purpose of earthwork calculations. RBF will prepare final roadway plans in conformance with the approved concept plans and submit to the City for review at 90"/n, 100% completion and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. Task 13: 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 90% 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. Task 14: 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. 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. The probable construction cost estimate will be submitted to the City at Plan Submittal Stages 90%, 100%, Preliminary Final and Mylar. Task 14: 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 12 total hours, to be billed Time and Materials on a percentage complete basis. Task 15: 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 Proposal o Adams Street Signal and Page 9-D Street Inn pro vemc�nts, Proj. 92012-01 U Scope of Work Program 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: • 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. • Provide advice and technical support for construction change orders. For this task RBF assumes 24 total hours, to be billed Time and Materials on a percentage complete basis. Exclusions Consulting services relating to any of the following tasks may be completed by RBF Consulting if negotiated under a separate contract for an additional fee; but are presently excluded from this Agreement: ➢ Traffic Signal Communication Plans ➢ Engineering and or Geotechnical Reports ➢ Signal Timing and Coordination Plans ➢ Stage Construction/Traffic Handling/Traffic Control Plans ➢ Encroachment Permit Fees Proposal o Adams Street Signal and Street Improvemunts, Proi. #2012-01 0 Page 10-C 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 Thirty Seven Thousand Dollars ($137,000) except as specified in Section 1.6 - Additional Services of the Agreement. Base Contract Amount: $ 69,330.00 Reimburseable Budget: $ 1,000.00 Optional Task 11 (NEPA Env Doc): $ 51,130.00 Optional Task 12 (NEPA PM Svs): $ 9,180.00 Optional Reimbursable Budget (NEPA): $ 1,200.00 Optional T&M Tasks: $ 5,160.00 Total Not to Exceed Fee: $137,000.00 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 7-3-12 20 k �k §� k ® # k ■ # ■ ■ ■ I Ci - : | . . ■ ■ • ! ` § §) } ° j } \ | j |) $ } § 7 z | 7 f � � � � : � � , ; _ ■ � n ! -ff Wo ) ! \ \ 0 } %• \ § c§ 2 ` §_ r / § 2 0 . . | { / 0 0 0 0 0 0 0 0 0 0 0 O O O W O N O O N O b O 1� n 10 LLI n O N N N N M M N N N N N b N N O O O 0 O O O O O O O i0 p N Q 13 p O 8 O 8 V N p 8 eg O O oil O 1Y N N N N (O N m m M N N » y » » O » O O O b O NM Y N lO b » O O O O » » » » » O e N 8 LL O O s LL C e ] i » o 0 0 » oN » o M LL O x 0 0 0 0 0 0 » » » » M LL N 5 e s 0. 0. t LL s s s s s p N C o ] O O D G O N ON O N O M O M O N O » 8 LL Y O O O O O s » e O ab 8 N n O ar O $3 c 2 p S d i a S ao d K E u @ d e W � S m c 2 E E Sr ? a O 2 b = - 9 N L 2 U a a x 3 la 0 c + O 0 w n 'O 0 w W 0 F 6 0 M m rc f N a 0 N m 1 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 7-3-12 21 �a fr'I 5� 's 5 E f- a ,a S a s S i a fi : 5 m o , e " a g 3 - ; I i z S a !s g x I i e I"-- Exhibit D Special Requirements The project is seeking Highway Safety Improvement Program (HSIP) funds administered through the California Department of Transportation (Caltrans). If HSIP Funds are obtained for the project consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. Debarment And Suspension Certification. TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Consultant's signature affixed to this Agreement shall constitute a certification, under penalty of perjury, that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Agreement. Signing this Agreement on the signature portion thereof shall also constitute signature of this Certification. 1. Rebates, Kickbacks Or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Last revised 7-3-12 22 2. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying. A. The Consultant certifies to the best of his or her knowledge and belief that: 1) No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of the Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. 3. Certifications. Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification of Local Agency, are attached and a part of this Agreement. 4. Cost Principles. A. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 at seq., shall be used to determine the allowability of cost individual items. B. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 at seq., are subject to repayment by Consultant to the City. 5. Retention of Records/Audit - Supplements Agreement Section 7.2 For the purpose of determining compliance with Public Contract Code 10115, at seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 at seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the Consultant, subcontractors, and the City shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, City, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES 1 HEREBY CERTIFY that I am the Vice President and duly authorized representative of the firm of RBF Consulting, a Company of Michael Baker , whose address is 74130 Country Club Dr, Suite 201, Palm Desert CA, 92260 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. � 12� 113 (Date) (Signature) Distribution: 1) Local Agency Project File ( Original & Contract) 2) DLAE (with contract copy) Page 1 OB 12-03 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-G Certification of Local Agency EXHIBIT 10-G CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that 1 am the Public Works Director/City Eneineer of the City of La Quinta and that the consulting firm of RBF Consulting ,or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: 1) Local Agency project File ( original & Contract) 2) DLAE (with contract copy) Timothy R.Jonasson, P.E. Page 1 OR 12-03 June 20, 2012 I " CERTIFICATE OF LIABILITY INSURANCE OATEIMMOGnYYY) B,/12=2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificates holder in lieu of such endorsement(s)• PRODUCER CONTACT NAME' Am Risk services Central, Inc. Pittsburgh PA Office IaC.No.Erl: (866) 283-7122 . (80) 9S3-5390 _FM EA ADDRESS: Dominion TOWer, 10th Floor 625 Liberty Avenue Pittsburgh PA 15222-3110 USA INSURERIS) AFFORDING COVERAGE mAICI INSURED RBF Consulting PO Box S7057 Irvine CA 92619-7057 USA INSURER A, Liberty mutual Fire Ins CO 23035 INSURER a: Liberty Insurance corporation 42404 INSLAlER C; Lloyds syndicate NO. 2623 1128623 INSldiE0. D: INSURER E: INSURER F: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Umhe shown are as requested LTR TYPE OF INSURANCEman POLICY NUMBER O MNANDAVIN LIMITS GFHERAI.LMB4nY B EACH OCCURRENCE S2,000,000 % COM-RC-GE FEWJ. UA941TV PREMISES eeccwr a $1,000,000 CWM34AOE ❑% OLCUN MEO E%P tMyons pertap S$,000 X CpnV.dWl PERSONAL&ADVINAARY S2,000,000 x 81"D. XCU GENERALAGGREOATE S4,000,000 GEN'LAGGREDATELIMITAPPDESPER: NOOVCT6 COMPJOP ACG 14,000,000 POLICY x mC x LOG A AUTOMOBILE LIABILITY AS2-681-004145-722 06/3 Og7Trl= CgNBWED SINGLE LVAT $1,000,000 BODILYINJVRY(Parperem X XHYAUTO BODILY INJURY (Pe 18"monO AIL OWNED AUTOS AUTOS X HIRED AUTOS NSCHEOU�O NO"VANED AUTOS PROPERTY DAMAGE a tld B % UNaRELLAUM X w:cuR TH 6 1 4568. 0 /30/ 12 06/30/2013 EACH oMITFERcE $10,000,000 ESCESSLIAB CLA &IOADE AGGREGATE $10,000.000 DEDI IRETENTION f10, 000 B e WORKERS COMPENSATION AND EMPLOYERS' LWB4TY o nPR GERWemseR Exuuteo, YNN pdand.M In Nfe NIA WA D ADS WC7681004145702 WI Z77R77rZ 06/30/2012 U9736= 06/30/2013 X We LSTAT TH eL. EACH ACCIDENT f1,000, 000 E.L. OIBEASEEA EMPLOYEE S1,000,000 II YEA d'Wbe under DESCRIPTION OF OPERATION86emw E.L. OISEABE�POUCY UNIT S1,000,000 C E&O-PL-Primary QI:1202675 06 30 201 0 / 0 1 Per claim , , Professional & Pollution Aggregate S51000.000 SIR applies per policy ter s & condl ions OESCRWTION Of OPERATIONS I LOCATIONS I VEHICLES (Anach ACORO 101. Addlllooal Remans Schedule, If more span Is n9ulmd) Re: All Operations as performed by the named insured. City of La Quint&, its officers and employees 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. CERTIFICATE HOLDER CANCELLATION 60 SHOULD ANY OF THE MOW OESCRIBEO POLICIES Be CANCELLED BEFORE THE rM EmFELATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE MR THE POUCY PROwMONS. City of La Quinta AUTHORIZED REPRESENTATIVE Doug Evans u P.O. Box1504 78-495 Calle Tampico La Qui int nix CA 97747 USA eafe4,EaM sraa 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1"201004050= t THIS ENDORSEMENT CHANGES Tf:8 pOLlClf. pI.8A4B READ IT CAREFULLY. ELAVKI&T ADOMONA L 04SURED SBCrMS-V WISANINSUREDkmaemdtdmiodadeaemkretadaypetamarergwtadenfavhemymtmw agmad is pidagmptwida6abOkykuamnee. Sue The iierenae paeedd by dda as W&d L Appr-0*O'uem,too wo*V� dwrAW=Waowofw'iwwmWO+ro)eamiu+«odwprq yemee byecmmdroyrol 2 AppGcoalymeotargeadl®dmenlmimofbpam■a:agldarJllydm.clhmVs baeinaea�mmtmmobd&W dmnor ofinena®amd rwbofkcmmpmehldbyddapoftwd s Deamrepp�ma�p.emaeowintienrk uhm+3eebaraWe+vadaPm�aloba6lipaweavhpa mrhi®naa Iadc4 odohadeedmee0pa ofememgeot 6nimefkmmieeofddap6heyeamed arse ofPxbodwkmmee orvbc&w a rcharberkramaee it add and cdLtdye. The W-ftpmamma Abe WIF 1. VOlamedmappSa6kwmaaa 2 VOhhem dra app£sablaaodt[m a�mnwrtdoo not apea7ymradnrbaab dafldiybmaamallapply.dmpmaiimnaflmn 4. Odme fmaema ofsecalm 1V of ddt poEeyvII guvee, • S :T3imdwtemeetduHrotapplfmm7Pai°O Ot��^fOt mT�lkVmlra�4r�PeEa'l� ' add'momlkaaood oadmam�wsao d"e poig spp%Omdmpmmaera�mawid aepodmdu'6od8ykjmf ar a Ifayada m&wAomediaaa byda USSRTTDdUTC/1LPM N�mim f E9hdraWtr 0pomn OWa ttmamriwoatmrafgOh 79I+4K-Me -711 daNO+e • ramlTh LN30o1KK fitadaaaM feO mno66prd uadca aitimm xmyodm ba4a Sit dp1[ adNdmmihtwed, dtia d Iema a 0 df [r Immaom d SEC[BON !Y ad tlas avelblsedmrvalid and mEeaiNakumme. Ir finmava tv'8 rppll. dur ROriram orlemt r K%bOmmmdme 1faL81kt Na. 18 Policy Number. AS2-681-004145-721 Issued by:. Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement 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. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the 'bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. Maio A4 Authorized Representative: AC 64 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 4 �r IlRBF Consulting Attention: I Country Club Drive,I Desert,Palm 92260 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 previously approved scope of work. Unless otherwise stated all work shall conform to the terms, general conditions, and scope of services of the Professional Services Agreement. DESCRIPTION C A This contract amendment authorizes additional services pursuant to RBF's Additional Work Request, dated November 25, 2014 and removes the optional tasks associated with the HSIP Application Process. This amendment also modifies tasks 7 and 8, and changes the Consultant Representative to Mr. Michael S. Sutton,''E., Vice -President. EnvironmentalThis contract amendment removes Task 9 — HSIP Grant Application, Optional Task I I -NEPA Approval, and Optional Task 12 — NEPAProject Management $. 11' 11 Considering the above, this amendment provides for a net decrease of ($41,500.00) Previous Contract Amount Through Contract Amendment No. -0- $137,000.00 • i:• this AmendmentII II Revised Contract TotalII 11 The contract term is extended through December 2015. Date: Date: c herebyWe, the undersigned Consultant, have given careful consideration to the change proposed and agree,proposal is approved, r provide equipment, all materials,perform all r I /, as may be ♦ e above, r t a. t all necessary complete the rar • specified and hereby accept asJullpayment the amount a above. Accepted y: Title: V ► Consultant: `" Date: 1 t Adams Street Signal and Street Improvements Project JN:134489 November 25, 2014 ME= RBF Consulting shall perform a field survey to locate and measure existing topographic featur to augment existing topographic base mapping information within the Kohl's parking lot.. T limits of the topographic survey will extend wide enough to encompass the necessary parki lot improvements. I Task 2: Kohl's Parkin RBF Consulting will prepare a plan for the proposed improvements locate west o a Street within the Kohl's parking lot. The plan will show the removal limits, existing utilities a proposed improvements, This information will be designed in plan view at a scale of 1"=20" 1 RBF Consulting will prepare a traffic memo to discuss the safety benefits of constructing a nel •riveway entrance to the Kohl's shopping center and installing a traffic signal at the ne I ,iriveway intersection. The memo will also discuss the benefits of closing two of the existim shopping center driveways and installing raised medians on Adam Street to restrict left-tu movements along the shopping center frontage. I This scope of work includes preparation of the technical memo and excludes level of service analysis or traffic counts, The street improvement plan will be attached as a supporting figure to the memo. This scope of work does not include any new figures or other illustrations. Task 4: Tentative Parcel Map RBF Consulting shall prepare and process the en ative Parcel Mao encompassing the project based on the final number of parcels approved by the Client. The Tentative Map shall adhere to the requirements of the City of La Quinta and the Subdivision Map Act. The tentative map shall depict the proposed subdivision lines and shall address the city's concerns, Additional special exhibits will be included if deemed necessary for approval of the Project; however, the cost of this work is not included within this scope of work, and will be classified as extra work, requiring prior authorization from the Client for an additional fee before initiating work on the exhibits. 1 1 Fa q (", Task 5 Final Parcel Map RBF Consulting shall perform a field survey to locate and measure existing monumen controlling the boundary to be subdivided. Upon completion of the field survey, RBF Consulti shall perform an analysis of the field survey data and record data obtained through resear and compile the results there from onto a boundary survey base map, I RBF Consulting shall prepare a Parcel Map in accordance with the requirements of the City of La Quinta and the Subdivision Map Act, The Parcel Map shall indicate all parcels and /or easements to be divided, sold or dedicated within the boundaries of the Project, The Client's title company shall perform all title work and final recordation services. The fee for this scope of work is based on an assumption that adequate and accessible 0 M Tr-4 DAV IT . . . . . . . . . . . . . . On 4 If it is determined that adequate and accessible monumentation does not exist, RBF Consulting shall suspend work until that time when Client and RBF Consulting agree on an amended RBF Consulting shall perform research to locate real property information of record relative to the boundaries of Parcel 6 of Parcel Map No, 25865 and Parcel 1 of Certificate of Compliance recorded 4/2/1994 as Inst. No. 178098. Research will be used in the field survey to aid in locating property corners. RBF Consulting shall perform a field survey to locate and measure existing survey monumentation or physical evidence controlling real property at or adjacent to said Parcel 6 and Parcel 1 to determine the property lines. Based on an analysis of record information together with the field surveyed data, RBF shall prepare a Parcel Map as outlined in Task 2 above. The fee for this scope of work is based upon an assumption that a•equate an accessible If it is determined that adequate and accessible boundary monumentation does not exist, RBF shall suspend work until that time when Client and RBF agree on an amended contract. RBF Consulting shall also perform a field survey to provide one (1) set of street and boundary monuments, set in accordance with the certification on the final map, and in accordance with the requirements and laws of the appropriate jurisdictional agency and the State of California. This includes all front and rear lot corners and street centerline monuments. 2 11`) � g e for locating said structures. After installation of the monument structure by the Contractor, Consultant shall set the final reference point on or within the structure as required. Consultant does not anticipate the need for the installation of any monument well structures on this project. A copy of centerline monument reference tie notes shall be completed and submitted to the appropriate jurisdictional agency in accordance with the requirements of said agency when required, Original Contract Task 7 and 8 Amendment, Task 7 and 8 of the original contract shall be amended to include the preparation of two (2) temporary construction easements and one (1) permanent easement. It shall also include the fee for the title company to prepare two title reports. EXCLUSIONS: This scope of work specifically excludes: 1 Governmental Processing of Final Map and Map Check Fees. Z Property Title and Recordation Services. 1 Any other Mapping services not shown herein. 4. Anything else not specifically included in the Scope of Servicel 3 1 � �' (-,, MW 11154141OW RBF Consulting shall complete the work outlined above in accordance with the fees schedu identified below and shall invoice Client on a monthly basis on the percentage of completio lus the direct costs of reimbursables. Ii 1 Topographic Survey $1,200 2 Kohl's Parking Lot Plan $4,200 3 Adams Street Traffic Memorandum $1,500 4 Tentative parcel Map (optional) $3,000 5 Final Parcel Map (optional) $7,000 6 Final Monumentation (optional) $4,000 Total Compensation $20,900 Reimbursable Expenses $1,000 90=� Michael S. Sutton, Vice President 5111Wr -i �- Date 4Ii T-4wf 4 Sep Qabt& MEMORANDUM TO: Susan Maysels, City Clerk FROM: 64 mothy R. Jonasson, Public Works Director/City Engineer DATE: December 18, 2014 RE:? Contract Amendment No. 1 to Professional Services Agreement with RBF Consulting for Adams Street Traffic Signal and Street Improvements, Project No. 2012-01 Attached for processing is Contract Amendment No. 1 to the Professional Services Agreement for the Adams Street Traffic Signal and Street Improvements project. The amendment authorizes RBF Consulting to provide additional services, including: additional Topographic Survey and Engineering work, preparation of a Traffic Memorandum required for CEQA clearance, and Optional Tasks associated with the preparation of Tentative and Final Parcel Maps. The additional work shall not exceed $ 21, 900. Reviews and signatures are now being conducted electronically via the TRAKT system. Please provide your electronic approval and continue with full execution and final distribution of this contract amendment. Please let me know if you have any questions. a, •cam n� PROJECT NO. 2012-01 PROFESSIONAL SERVICES AGREEMENT: ADAMS STREET TRAFFIC SIGNAL AND STREET IMPROVEMENTS CONSULTANT: RBF Consulting Attention: Michael S. Sutton, P.E., Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260 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 previously approved scope of work. Unless otherwise stated all work shall conform to the terms, general conditions, and scope of services of the Professional Services Agreement. DESCRIPTION OF CHANGE This contract amendment authorizes additional services pursuant to RBF's Additional Work Request, dated November 25, 2014 and removes the optional tasks associated with the HSIP Application Process. This amendment also modifies tasks 7 and 8, and changes the Consultant Representative to Mr. Michael S. Sutton, P.E., Vice -President. The additional services include additional Topographic Survey and Engineering for the proposed improvements within the privately owned parking lot, Traffic Memorandum required for CEQA clearance; and Optional Tasks associated with the preparation of Tentative and Final Parcel Maps and associated boundary survey and monumentation. RBF's additional work request, dated November 25, 2014 is attached and made a part hereof and shall not exceed $21,900.00. This contract amendment removes Task 9 — HSIP Grant Application, Optional Task 11 -NEPA Environmental Approval, and Optional Task 12 — NEPA Project Management in the amount of ($63,400.00) Considering the above, this amendment provides for a net decrease of ($41,500.00) Previous Contract Amount Through Contract Amendment No. -0- $137,000.00 Add this Amendment ($ 41,500.00) Revised Contract Total $95,500.00 The contract term is extended through December 2015. ****************************************************************************** Submitted By: Approved By: Date: Date: cz 2Z t4 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 pyork, and hereby accept as full payment the amount shown above. Accepted By: Title: V ►CC ►?RQSI,D'EiST Consultant: iz s Cv j Date: IZ—ck" 14 Adams Street Signal and Street Improvements Project JN: 134489 November 25, 2014 SCOPE OF WORK — ADDITIONAL WORK REQUEST Task 1: Topographic Survey RBF Consulting shall perform a field survey to locate and measure existing topographic features to augment existing topographic base mapping information within the Kohl's parking lot. The limits of the topographic survey will extend wide enough to encompass the necessary parking lot improvements. Task 2: Kohl's Parking Lot Plan RBF Consulting will prepare a plan for the proposed improvements located west of Adams Street within the Kohl's parking lot. The plan will show the removal limits, existing utilities and proposed improvements, This information will be designed in plan view at a scale of 1 =20" Task 3: Adams Street Traffic Memorandum RBF Consulting will prepare a traffic memo to discuss the safety benefits of constructing a new driveway entrance to the Kohl's shopping center and installing a traffic signal at the new driveway intersection. The memo will also discuss the benefits of closing two of the existing shopping center driveways and installing raised medians on Adam Street to restrict left -turn movements along the shopping center frontage. This scope of work includes preparation of the technical memo and excludes level of service analysis or traffic counts. The street improvement plan will be attached as a supporting figure to the memo. This scope of work does not include any new figures or other illustrations. Task 4: Tentative Parcel Map RBF Consulting shall prepare and process the Tentative Parcel Map encompassing the project based on the final number of parcels approved by the Client. The Tentative Map shall adhere to the requirements of the City of La Quinta and the Subdivision Map Act. The tentative map shall depict the proposed subdivision lines and shall address the city's concerns, Additional special exhibits will be included if deemed necessary for approval of the Project; however, the cost of this work is not included within this scope of work, and will be classified as extra work, requiring prior authorization from the Client for an additional fee before initiating work on the exhibits. S �-�<Y �Illllll�lb� 4 541 V�•�ti ker The Client shall provide RBF Consulting with an up-to-date complete title report, including a copy of each exception document referenced in the title report covering the subject property. Task 5 Final Parcel Map RBF Consulting shall perform a field survey to locate and measure existing monuments controlling the boundary to be subdivided. Upon completion of the field survey, RBF Consulting shall perform an analysis of the field survey data and record data obtained through research and compile the results there from onto a boundary survey base map. RBF Consulting shall prepare a Parcel Map in accordance with the requirements of the City of La Quinta and the Subdivision Map Act, The Parcel Map shall indicate all parcels and /or easements to be divided, sold or dedicated within the boundaries of the Project. The Client's title company shall perform all title work and final recordation services. The fee for this scope of work is based on an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this boundary survey. If it is determined that adequate and accessible monumentation does not exist, RBF Consulting shall suspend work until that time when Client and RBF Consulting agree on an amended contract. Task 6 Boundary Survey and Final Monumentation RBF Consulting shall perform research to locate real property information of record relative to the boundaries of Parcel 6 of Parcel Map No, 25865 and Parcel 1 of Certificate of Compliance recorded 4/2/1994 as Inst. No. 178098. Research will be used in the field survey to aid in locating property corners. RBF Consulting shall perform a field survey to locate and measure existing survey monumentation or physical evidence controlling real property at or adjacent to said Parcel 6 and Parcel 1 to determine the property lines. Based on an analysis of record information together with the field surveyed data, RBF shall prepare a Parcel Map as outlined in Task 2 above. The fee for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this boundary survey. If it is determined that adequate and accessible boundary monumentation does not exist, RBF shall suspend work until that time when Client and RBF agree on an amended contract. RBF Consulting shall also perform a field survey to provide one (1) set of street and boundary monuments, set in accordance with the certification on the final map, and in accordance with the requirements and laws of the appropriate jurisdictional agency and the State of California. This includes all front and rear lot corners and street centerline monuments. All protective monument structures, wells and covers, if required, shall be provided and installed by a contractor secured by Client, One (1) set of offset stakes shall be provided by Consultant 211`)age ker for locating said structures. After installation of the monument structure by the Contractor, Consultant shall set the final reference point on or within the structure as required. Consultant does not anticipate the need for the installation of any monument well structures on this project. A copy of centerline monument reference tie notes shall be completed and submitted to the appropriate jurisdictional agency in accordance with the requirements of said agency when required, Original Contract Task 7 and 8 Amendment: Task 7 and 8 of the original contract shall be amended to include the preparation of two (2) temporary construction easements and one (1) permanent easement. It shall also include the fee for the title company to prepare two title reports. EXCLUSIONS: This scope of work specifically excludes: 1. Governmental Processing of Final Map and Map Check Fees. 2 Property Title and Recordation Services. 3. Any other Mapping services not shown herein. 4. Anything else not specifically included in the Scope of Services. FBF A *71TW. Corr)pany COMPENSATION: City agrees to compensate RBF for such services as follows: RBF Consulting shall complete the work outlined above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion, plus the direct costs of reimbursables. 1 Topographic Survey 2 Kohl's Parking Lot Plan 3 Adams Street Traffic Memorandum 4 Tentative parcel Map (optional) 5 Final Parcel Map (optional) 6 Final Monumentation (optional) Prepared By Authorized By: $1,200 $4,200 $1,500 $3,000 $7,000 $4,000 Total Compensation $20,900 Reimbursable Expenses $1,000 Michael S. Sutton, Vice President Date 411-e.g.: T4'it 4 4a Qums MEMORANDUM TO: Susan Maysels, City Clerk FROM: 64 mothy R. Jonasson, Public Works Director/City Engineer DATE: December 18, 2014 RE: Contract Amendment No. 1 to Professional Services Agreement with RBF Consulting for Adams Street Traffic Signal and Street Improvements, Project No. 2012-01 Attached for processing is Contract Amendment No. 1 to the Professional Services Agreement for the Adams Street Traffic Signal and Street Improvements project. The amendment authorizes RBF Consulting to provide additional services, including: additional Topographic Survey and Engineering work, preparation of a Traffic Memorandum required for CEQA clearance, and Optional Tasks associated with the preparation of Tentative and Final Parcel Maps. The additional work shall not exceed $ 21, 900. Reviews and signatures are now being conducted electronically via the TRAKiT system. Please provide your electronic approval and continue with full execution and final distribution of this contract amendment. Please let me know if you have any questions. fe, UP PROJECT NO. 2012-01 PROFESSIONAL SERVICES AGREEMENT: ADAMS STREET TRAFFIC SIGNAL AND STREET IMPROVEMENTS CONSULTANT: RBF Consulting Attention: Michael S. Sutton, P.E., Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260 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 previously approved scope of work. Unless otherwise stated all work shall conform to the terms, general conditions, and scope of services of the Professional Services Agreement. ****************************************************************************** DESCRIPTION OF CHANGE This contract amendment authorizes additional services pursuant to RBF's Additional Work Request, dated February 26, 2015, attached and made part hereof, to provide pot hole. services and associated survey mark -out for the traffic signal pole foundations as proposed by the project plans. The not to exceed fee for this work is $8,310. ****************************************************************************** Previous Contract Amount Through Contract Amendment No. -1- $95,500.00 Add this Amendment $8,310.00 Revised Contract Total $103,810.00 The contract completion date of December 2015 is not affected by this Amendment. ****************************************************************************** Submitted By: Approved By: ******************** 0 1 ! - � - W-mv ********************************************* 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 specifi ark, and hereby accept as full payment the amount shown above. Accepted By: Title: V <-�E 1� RED► DQtiT Michael utton Consultant: y`�i3F Coa.S--L:n Date: 2 - 2 (� —15 VBF A ;M=Company Adams Street Signal and Street Improvements Project JN:134489 February 26, 2015 SCOPE OF WORK — ADDITIONAL WORK REQUEST Task 1: Pot Holing Services RBF Consulting shall sub -contract with Kana Engineering Group, Inc. (KEG) to provide pot holing services for four (4) potholes that are 15-feet deep for the proposed signal poles at the intersection of Adams Street and Corporate Center Drive. KEG's scope of work shall include or provide the following: 1. USA Marking —KEG will secure an inquiry identification number from Underground Service Alert at least 48 hours prior to excavation. We will white line the site for USA locators. 2. Backfill—KEG will backfill vacuum excavated potholes using native material. No costs have been included for compaction testing, fill sand, slurry backfill, fog sealing, slurry sealing, or traffic striping. If we are required to perform any of those services a change order will be required. 3. Asphalt Patching —KEG agrees to provide all equipment and personnel needed to do a full depth T cut, up to 2' beyond original pothole, asphalt repair at up to Eight (8) locations 4. Traffic Flagmen —KEG has not included any costs for traffic flagging operations. 5. Traffic Control —KEG will provide basic traffic control for the potholing effort per the WATCH manual. 6. Permits —If we are required to purchase any permit, we will do so on a cost plus 15% basis and a change order will be required. 7. Compaction Testing of Potholes —No cost for compaction testing of potholes has been included, should the jurisdictional authority require us to conduct compaction testing prior to backfill a change order will apply. 8. Night Work— KEG will provide potholing services at night at an additional cost. If we have, to pave at night a change order will be required for plant opening fees, cost +15%. Any additional inspection fees will be passed.on to the client on a cost plus 15% basis. 9. Adverse pavement or soil conditions may exist. KEG has assumed potholing to be done at a rate of four potholes. a day. If the rate of potholing is not met due to adverse soil or pavement conditions, a change order may apply. If the surface material is thicker than eight (8) inches or the soil has a high .content of large rocks greater than three (3) inches in size, a change order may be issued. We will notify you, within 24 hours of discovery, of any condition likely to result in a change order. KEG shall include or provide the following: 1. KEG will provide all personnel, equipment and supplies required to perform utility designation and locating, using vacuum excavation methods (or other approved methods). 2. KEG will provide assistance in securing all necessary plans, reports, or other data as requested by the client. 3. KEG will secure all permits necessary, from all jurisdictional authorities, to designate and locate subsurface utilities. Permits paid for by KEG not included in the proposal.shall be passed through on a cost plus 15% basis. 11Page A =Company 4. , KEG will comply with all local, state and federal requirements regarding the safe excavation of subsurface utilities. 5. KEG will provide traffic control for streets with speed limits up to 35 MPH per the WATCH manual. All traffic control in high density or high speed areas, those over 35 MPH, shall be provided as an additional line item. 6. KEG will provide the client with a report about each pothole/target, to include the following information: • Surface material type & thickness • Width of the'target facility • Elevation, relative to the surface, of each target facility • What the facility is made of, when such a material is recognizable • Picture of the area excavated • Picture of the exposed target facility (when available) 7. KEG will install a surface marker over the center of the target facility. All measurements taken will be taken to this marker. The surface marker may be any one of the following items or any combination thereof: • Hub marker (nail with ribbon) • Stakes, wooden or metal • Whiskers/ stake chasers • Paint 8. KEG will mark each pothole location with the following information: • Pothole number • Depth to top of facility • Type of facility (telcom, tv, water, gas, electric, sewer) • Orientation of facility (east, west, north, south) 9. KEG will leave the job site in a clean and safe condition. 10. KEG guarantees restoration of pavement, within the limits of the pothole, for 2 years. When the pothole is located in areas other than the roadway, the area shall be restored as nearly as possible to the original condition. All potholes shall be pneumatically tamped to meet or exceed all relevant standards. All holes will be backfilled using native material unless otherwise stated in the proposal. Kana Engineering Group, Inc. shall not provide or -be liable for the following, unless otherwise specified in our proposal: 1. Removal or treatment of contaminated or hazardous materials encountered on the job site. 2. The digging through of any structural material that may have been placed around the target facility, such as slurry or concrete. In the event a target facility is encased in concrete or slurry, the width, top, and bottom limits of the slung or concrete will be determined. Additional holes are sometimes required to determine the width and depth of large slurry encasements, all extra holes will be billed at the rate established in the proposal. 3. Locating of non-conductive utilities such as those made of ACP, RCP, PVC, PE, fiber optic or any other nonconductive target material. 4. Any pothole that the facility owner has decided that vacuum excavation equipment may not be used on. California law allows facility owners to prohibit the use of power driven 2 1 P a g e A Company equipment over their facilities. Kana Pipeline Inc. shall not be held responsible for any target which the facility owner will not allow us to use our vacuums on. 5. The preparation or purchase of any pollution control program, manual or other type of document associated with pollution control. 6. USA mark removal. Many cities have begun requiring contractors to remove all USA markings after they complete their work. Not all cities have such requirements, and as such we cannot always determine which cities do and do not have such requirements. We cannot be held responsible for services that we did not know were going to be required by. the permitting agency, unless disclosure of such requirements has been provided prior to our proposal. Task 2: Survey Services supporting Pot Holing. RBF will perform a field survey to locate and mark on the ground the proposed. traffic signal poles at Adams Street & Corporate Center Drive for pot holing. The budget amount shown for this task in this agreement assumes that the services described herein will cover eight (4) pothole location in no more than one (1) separate survey crew move -in over a one (1) day period. Task 3: Survey Services locating exposed conflicts (Optional Task) RBF will perform a field survey to locate any exposed conflict from the pot holing operations on the proposed traffic signal poles at Adams Street & Corporate Center Drive. The budget amount shown for this task in this agreement assumes that the services described herein will cover eight (4) pothole location in no more than one (1) separate survey crew move -in over a one (1) day period. 3 1 P a g e man wo A �'� Company COMPENSATION: City agrees to compensate RBF for such services as follows: RBF Consulting shall complete the work outlined above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion, plus the direct costs of reimbursables. 1 Pot Holing Services $6,710 2 Survey Services Supporting Pot Holing $1,600 Total Compensation $8,310 OPTIONAL TASK: 3 Survey Services Locating Exposed Conflicts $1,600 Prepared By: Michael S. Sutton, Vice President Date Authorized By: 4 1 P a g e