The URL can be used to link to this page

RFP - Fritz Burns Pool Heater Purchase & InstallationREQUEST FORPROPOSALS DEADLINE: SEPTEMBER 5, 2019 BY 5PM (PST) ATTENTION: ROBERT AMBRIZ, JR. REQUEST FOR PROPOSALS FOR FRITZ BURNS POOL HEATER PURCHASE AND INSTALLATION CITY OF LA QUINTA FRITZ BURNS POOL HEATER PURCHASE AND INSTALLATION REQUEST FOR PROPOSAL The City of La Quinta Fritz Burns Pool facility recently changed from a summer season only pool to year-round pool operations, so the City now needs a contractor to purchase and install commercial pool heaters to heat the City’s recreation pool during the cooler, off-season months. The City is seeking a contractor who embodies high quality standards, demonstrates a thorough knowledge of commercial pool heaters, and possesses comprehensive experience in installation of commercial pool heaters. Fritz Burns Pool is located at 78060 Frances Hack Lane in La Quinta, CA. SCOPE OF WORK The City is requesting the purchase and installation of two (2) new commercial pool heaters for Fritz Burns recreation pool: Hi Delta Raypak Hydronic boilers 650k NG IID each (Hi Delta 016062-P-652C 650k NG IID. X 2; 84% efficiency each unit). Basic Product Data: Bronze primary pump, Bronze primary speed injector, pump and controller, Horizontal 2- pass Cupronickel -finned Tube Primary Heat Exchanger with bronze headers, #125 PRV Enable/Disable Connection, HSI low Nat. Gas pressure switch, VERSA IC modulating controller with LCD Display, Diagnostics with fault memory, Pump off delay, Flow switch air filter, T&P Gauge, Dry Contacts for Alarm, Outdoor Application Cat B Vents , cooling pump. (see attached Hi Delta heater brochure, Raypak heater data sheet, and Hi Delta SureRack Kit data sheet) All proposing contractors are to provide total cost for two installation options: one option that includes new concrete pad, new iron rod fencing, and rerouting current irrigation; second option to include extending existing block wall by 2’, filling in concrete, and stacking heaters with Hi Delta SureRack Kit. • OPTION 1 PROPOSAL TO INCLUDE… Level out dirt and pour concrete pad for pool heaters: 15¾’ length x 11’ width, 3.5” thick, 4,000 PSI, at southwest corner of pool building (outside of block wall). Install 6’ high heavy commercial pregalvanized black powder coated regal iron fence with 3’ wide gate entry; 15¾’ length x 11’ width area; 1½” sq. top and bottom rails with ¾“ sq. pickets spaced 4” apart. Double primed and double painted in blue, all material welded. By-pass and reroute irrigation in the 15¾’ length x 11’ width area. Installation of pool heater: Drill 4” diameter boring through building exterior CMU wall from inside pool system room and through existing block wall to exterior area to direct suction and return lines to new heater location; drill holes on existing CMU’s wall to bring gas line to heater (location of gas meter TBD); plumbing of heater to existing pool pump; installation of electrical fittings and connection to heater; electrical connection of heater to existing breakers and timer . • OPTION 2 PROPOSAL TO INCLUDE… Extend existing block wall by 2’ to the west; match new block with existing block (split face 6x8x16 - rough exterior facing street, smooth interior; Arizona Pink color); relocate entry gate to northwest corner of block wall; fill in block wall after current entry gate is removed; pour concrete on new dirt (15¾’ length x 2’ width area). Block wall must be constructed to City Building Division pre-approved standard (see attached Freestanding Block Wall attachment) and then approved with City inspection. Installation of pool heater: Drill 4” diameter boring through building exterior CMU wall from inside pool system room to exterior area to direct suction and return lines to new heater location; drill holes on existing CMU’s wall to bring gas line to heater (location of gas meter TBD); plumbing of heater to existing pool pump; installation of electrical fittings and connection to heater; electrical connection of heater to existing breakers and timer. Hi Delta SureRack Kit: A) Install a boiler vertical frame metal rack kit original from Raypak B) B-31 Wall Assembly Sensor D-11 Outdoor Vent Termination Cap Cat B G-12 California Approved Code Controls Total proposal costs must include delivery and installation of heaters, crane truck to install heaters, and calibrating and setting controls to work at desired times and desired temperature. Prevailing wage is required and must be included within total cost. Selected contractor must coordinate with the City’s Design and Development department to apply for applicable building permit(s). Selected contractor must coordinate with So Cal Gas to schedule installation of gas meter. The City will work closely with the successful bidder to ensure prompt purchase and installation of pool heaters. All services provided by the contractor must be compliant with all applicable local, county, state and federal laws. Proposals must be submitted to the City in a sealed envelope on or before Thursday, September 5, 2019 at or before 5:00 p.m. Proposals received after the stated deadline will not be accepted. Proposals are to be delivered to: Robert Ambriz, Jr., Maintenance & Operations Superintendent City of La Quinta Wellness Center 78450 Avenida La Fonda La Quinta, CA 92253 All questions must be submitted in writing to Robert Ambriz, Jr. at rambrizj@laquintaca.gov prior to Tuesday, September 3, 2019. Review of bids: The Director or designee shall review all bids received for completeness, accuracy, responsiveness to the invitation and the bid documents, and the City’s experience with or knowledge of the qualification and reliability of each bidder and shall prepare a recommendation to the City Council. Written amounts shall take precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded if the bid is selected. The City of La Quinta will open contract negotiations with the lowest cost bidder. The City reserves the right to reject any or all proposals, and to waive any irregularities in the proposal. Proposal must include: (1) The name, address and phone number of the contractor’s main office; (2) Contact information for the person who will be managing the contract; (3) Statement of Qualifications; (4) Compliance Form; and (5) Cost: must include prevailing wage Attached is a copy of the Agreement for Contract Services (including insurance information) required of the selected Contractor. Should the selected Contractor have any objections to the proposed Contract Services Agreement, the Contractor must object in writing on the Compliance Form provided . The successful Contractor will be expected to enter into the City of La Quinta’s standard Contract Services Agreement. Insurance requirements include: - General Liability – $1M per occurrence / $2M general aggregate - General Liability – Additional Insured Endorsement (for ongoing and completed operations) - General Liability – Primary / Non-contributory Endorsement - Automobile Liability – $1M combined single limit - Workers’ Compensation – Statutory Limits / Employer’s Liability $1M per accident or disease - Workers’ Compensation – Waiver of Subrogation Endorsement Proposals are to be submitted in a 9” x 12” envelope, clearly marked with the Contractor’s name, address and phone number and labeled with the project title. Only one proposal package per Contractor will be considered. Proposal packages are to be submitted to the City on/or before Thursday, September 5, 2019, at 5:00 p.m. Proposals received after the stated deadline will not be accepted. Thank you for your interest, Robert Ambriz, Jr., Maintenance & Operations Superintendent 760-777-7091 rambrizj@laquintaca.gov CONTACT INFORMATION (1) CONTRACTOR’S MAIN OFFICE CONTACT INFORMATION: Name: ___________________________________________________ Address: _________________________________________________ Phone: _________________________ Cell: ____________________ Email Address:_____________________________________________ State of Incorporation: ______________________________________ (2) CONTACT INFORMATION FOR PERSON MANAGING THE PROJECT: Name: ___________________________________________________ Phone: ________________________ Cell: ______________________ Email Address:_____________________________________________ Business License Numbers: State No.;_______________________ Expiration Date: ____________ City of La Quinta _________________ Expiration Date:_____________ Department of Industrial Relations No:__________________________ (3) STATEMENT OF QUALIFICATIONS A. Project Name: Owner: Contract Amount: $ ______ Contract Time: Calendar Days Owner's Representative: _______ Owner's Telephone No: ____ Duration of Contract: Years from to ______ B. Project Name: Owner: Contract Amount: $ ______ Contract Time: Calendar Days Owner's Representative: _______ Owner's Telephone No: ____ Duration of Contract: Years from to ______ C. Project Name: Owner: Contract Amount: $ ______ Contract Time: Calendar Days Owner's Representative: _______ Owner's Telephone No: ____ Duration of Contract: Years from to ______ QUALIFYING COMMENTS AGREEMENT FOR CONTRACT SERVICES FRITZ BURNS POOL HEATER PURCHASE AND INSTALLATION COMPLIANCE FORM Read and initial one of the paragraphs below, then sign at the bottom. _____I have read and understand the conditions of the Contract Services Agreement for Fritz Burns Pool Heater Purchase and Installation. If I am selected to perform Fritz Burns Pool Heater Purchase and Installation for the City, I am willing and able to comply with all contract documents. _____ I have read and understand the conditions of the Contract Services Agreement for Fritz Burns Pool Heater Purchase and Installation for the City but am not able to commit to all of the conditions required. Below are the portions I contest. Changing the described items would enable me to comply. (If you need more space please attach more pages and fill in the number of sheets at the bottom of the page. Any requested changes to the Contract Services Agreement must be approved by the City Attorney.) Print Name Signature Date Proudly assembled in U.S.A M o d e l s 3 0 2 C t h r u 2 3 4 2 CModels 3 0 2 C t h r u 2 3 4 2 C C S A L o w L e a d c e r t i f i e d C S A L o w L e a d c e r t i f i e d L e s s T h a n .2 5 %L e s s T h a n .2 5 % Versa IC ® Control System UP TO 85% THERMAL EFFICIENCY Raypak’s Hi DeltaDecades of expertise and technological innovations went intocreating the Hi Delta boiler, a product that incorporates featuressought after by engineers, installers, and end-users alike. In 1948, Raypak introduced the first straight copper finned-tubeboiler, designed with reliability and serviceability in mind. Thetradition continues with Raypak’s Hi Delta model. It’s patented burn-er “security blanket,” an ingenious enhancement that provides a per-fected air-gas pathway for complete combustion, makes the Hi Delta the most adaptable sealed-combustion boiler on the markettoday. While many manufacturers claim simple, convenient heat exchangerremoval, servicing the Hi Delta couldn’t be more straightforward. Just open the unit from the front and slide it out on built-in runners.Adding to the Hi Delta’s ease of use is the On-board DiagnosticCenter. In the event of an operating problem, this key enhancementallows an on-site technician to quickly review the unit’s entire faulthistory, in easy to understand “real English”. No cryptic codes todeal with. Our diagnostic center even offers possible solutions to theproblem at hand.The Hi Delta product family covers the full spectrum of both indoorand outdoor applications including space heating, process heating,pool heating and domestic hot water heating. When installedindoors, the Hi Delta’s versatility is revealed in smaller ventdiameters, direct-venting, and the convenience of stacking withoutan increased footprint.Raypak’s focus on customer satisfaction goes beyond productdesign. Like all Raypak boilers, every Hi Delta is factory-fire tested,assuring reliable start-up upon installation. For over 60 years, Raypak professionals have earned their reputationas The Hot Water Management Experts. From system design throughinstallation and start-up, you can count on your local RaypakRepresentative and the backing of the industry’s best sales staff, applications engineers, and service department. K e y F e a t u r e s• Models from 300,000 to 2,340,000 BTUH• Versa IC®Control• Cascade up to 4 units• Indoor/outdoor construction of all models• Efficiency: n Up to 85%Water Heaters n 84%Boilers• Patented burner “security blanket” enhances staged combustion, minimizes installation and start-up issues, and protects burners from metal fatigue• 105ºF minimum inlet water temp• Copper finned-tube heat exchanger standard (85% TE); Cupro-nickel optional (83.1% TE)• CSA low-lead certified (less than .25%)• Bronze headers standard on water heaters, optional on boilers• Sidewall venting ready; No extractor needed for most applications• Ducted combustion air ready; TruSeal®CSA-certified direct-vent available• Status display and on-board diagnostic center, real english, no codes. • Less than 20ppm NOx O p t i o n s• G-20 – Low Gas Pressure operation CSA-certified for 4” WC supply pressure, natural gas only.• D-14 – Rear vent option available at time of order • D-21– TruSeal direct vent air intake system• A-6 – Right hand water connection 3 Up to 85%thermal efficiency! Visit our website at www.raypak.com to find the Raypak representative in your area. VERSA IC Boiler Control and On-Board Diagnostic CenterVERSA IC merges safety, ignition, temperature control, multi-unit cascade outdoor reset, and freeze protection. Plus system monitoring, diagnos-tics, and BMS transmission all in one Integrated Control Platform. Easy front access to read, set up and trouble shoot on a 3.5”LCD screen. Theentire package is CSA certified, and listed for each individual function. Inlet and outlet sensors factory installed in boiler. Remote sensor for system included. BMS all point diagnostics transmission port. 0-10VDC setpoint input standard. Can drive and monitor external motorized auxiliaries such as extractors and louvers. Additional connections for auxiliaryfunctions, indirect DHW, and dry contact remote alarm relay are provided. Outdoor ProvenRaypak is no stranger to the outdoor environment. Our touchpad is 100% waterproof and has been proven and perfected on our pool products.No guesswork here, just one tough boiler ready to take on jobs that others have to walk away from. Building Management System InterfaceThe Versa IC includes a Modbus communications port as standard for continuousmonitoring, trending, and troubleshooting. BACnet MS/TP, BACnet IP, N2 Metasys,Modbus TCP and LONworks are available via optional gateways pre-configuredfrom Raypak for seamless integration into a wide range of building managementsystems. Diagnostic Information Control Faults Safety Faults• Low 24VAC • Sensor Failure - 6• Control Setup • Vent Block• ID Card Fail • Manual Limit• Device Lost • Auto Limit• Device Error • Water Flow• PIM Error • Delta T Fault• Low Water Ignition Control Faults • Low Gas• Ignition Lockout • High Gas• False Flame • Extra 1• Ignition Failure • Options• Low HSI Current• Blower Speed Water Flow Sw Fault Check Boiler Pump, Purge Air, Replace Flow Switch Example Diagnostic Fault Report 4 BACnet®,Metasys® Modbus® gateway module (optional) LONworks® gateway module (optional) 5 Flex Gas®Dual-fuel boilers andwater heatersWith its patented, CSA-certified rapid fuelswitchover system, the Hi Delta FlexGas isan ideal solution for interruptible-fuel appli-cations (natural/propane gas). (See Cat. #1000.20) Options SureRack®KitThe perfect solution for today’s most space challenged equipment rooms.Stacking two Hi Delta 2342 boilers provides over 4.6MMBTU in just over26 square feet plus clearances. All components (except pumps, flowswitches and PRVs) are contained inside the cabinet, so there won’t be anystandard gas valves or fans hanging off the unit. The units remain fullyserviceable even while racked.• For models 302C thru 2342C• No Vent Offset Required*• Small Footprint• Fits in Low-Ceiling Room • Heavy-Duty Construction• Easy Assembly• All Hardware Included• Allows for Complete Servicing Sidewall Vent Vertical Venting See Cat. 1000.16 for complete SureRack Details • For models 302C thru 2342C• Changeover takes less than one minute• No mechanical components to remove or replace• Changeover can be accomplished while firing: simply turn the key!• Factory-installed and tested system• CSA-Certified * Lower unit requires D-14 vent tee option. 6 Simple ServiceabilityRaypak’s easy-to-understand user interface, including on-board diagnostics and LED operating status lights, tells the technician all heneeds to know. All service/repair components are readily accessible from the front for maximum installation flexibility. Cold Water StartIt is commonly known that prolonged internal condensation will dramatically shorten the life of standard boilers and water heaters. WhileRaypak boilers and water heaters can operate without harmful condensation at lower inlet water temperatures than the competition,there are still applications that require reliable protection against harmful condensation caused by frequent, extended, cold water start-ups. Raypak’s Cold Water Start protection system is only used with closed-loop heating systems and utilizes a proportional three-wayvalve to bypass water from the boiler outlet to the inlet during start-up, when the system return water temperature is below the minimumacceptable level.Cold Water RunFor the same reason stated for Cold Water Starts, it is even more important to provide protection against condensation from cold inletwater on systems where the return water temperature to the boiler will always be below the acceptable minimum. Raypak’s Cold Water Run system can be used on boilers, water heaters or pool heaters, and utilizes a variable-speed pump to inject just the right amount ofwater from the main system loop into the boiler to maintain the optimum inlet temperature. This approach allows the full capacity of theboiler to be utilized to meet the system load, while at the same time continuously maintaining the optimum inlet water temperature toprevent condensation. (See Cat. #1000.19) 1 VERSA IC user interface2 Platform Ignition Module (PIM)3 Versa Board4 Transformer5 Main power disconnect6 Standby power switch7 Status lights Cold Water Start Cold Water Run Cold Water Solution Options 312 4 7 6 5 PUMP - HOT WATER SUPPLY 302C 1/8 1.3 1/4 5.7 1/2 7 402C 1/8 1.3 1/4 5.7 1/2 7 502C 1/8 1.3 1/4 5.7 1/2 7 652C 1/8 1.3 1/4 5.7 1/2 7 752C 1/8 1.3 1/2 7 3/4 11 902C 1/2 7 1/2 7 3/4 11 992C 1/2 7 1/2 7 3/4 11 1262C 1/2 7 3/4 11 1 14 1532C 1/2 7 1 14 1 14 1802C 3/4 11 1 14 1-1/2 15 2002C 3/4 11 1-1/2 15 1-1/2 15 2072C 3/4 11 1-1/2 15 1-1/2 15 2342C 1 14 1-1/2 15 1-1/2 15Note: Current draw (Amps) is for pump only. Soft Water Hardness HardMediumHPAmpsHPAmpsHPAmps Hi DeltaModel CLEARANCES Floor* 0” 0” 0” 0” Rear 1” 6” 12” 24” Water side 12” 24” 36” 36” Other side 1” 24” 36” 36” Top 1” 6” Unobstructed Unobstructed Front Open 24” Open 24” Vent 2” 2” N/A N/A IndoorMinimumBoilerSideService OutdoorMinimumService * Do not install on carpeting. 7BOILER 302C 300 252 255 36 18 3/4 5 14-3/4 380 6 402C 399 335 339 43 21-1/2 3/4 6 18-1/2 445 6 502C 500 420 425 50 25 1-1/4 6 22 545 6 652C 650 546 553 60-1/2 30-1/4 1-1/4 8 27-1/4 590 6 752C 750 630 638 67-1/2 33-3/4 1-1/4 8 30-3/4 675 6 902C 900 756 765 78 39 1-1/4 8 36 740 7 992C 990 832 842 57-1/8 28-9/16 2 10 16-13/16 900 <12 1262C 1260 1058 1071 68-1/2 34-1/4 2 12 20-9/16 1010 <12 1532C 1530 1285 1301 79-7/8 39-15/16 2 12 24-3/8 1225 <12 1802C 1800 1512 1550 91-1/8 45-9/16 2 14 28-1/8 1350 <12 2002Cª 1999 1679 1699 102-1/2 51-1/4 2 14 31-15/16 1450 <12 2072C 2070 1739 1760 102-1/2 51-1/4 2 14 31-15/16 1450 <12 2342C 2340 1966 1989 113-7/8 56-15/16 2 16 35-11/16 1520 <12 Ref.Dwg.pg. 7 Amps‡OperatingWeight(lbs.)WKFlue ØGNPTAWidthB MBTUH Output* Type WH85%** Dimensions (in.) * Ratings for models 302C-2342C for natural or propane gas and for elevations up to 4,500 ft. above sea level. For higher elevations, consult the factory.**See Hi Delta product submittal sheets for 83.1% efficiency data.‡ Current draw is for heater only. (Supply breaker must have a delayed trip.) ª Natural gas only. Not available for propane. Hi DeltaModel MBTUHInput*Type H84% 1 2 8 984% EFFICIENCY (TYPE H) 302C 20 0.5 26 90 9.8 6 51 3.2 26 0.8 402C 20 0.5 34 90 10.0 8 68 5.7 34 1.4 23 0.6 502C 28 1.1 30 90 10.4 9 85 9.3 43 2.4 28 1.1 21 0.6 652C 37 1.9 30 90 10.8 12 55 4.2 37 1.9 28 1.1 752C 43 2.6 30 90 11.3 14 64 5.8 43 2.6 32 1.5 902C 51 3.9 30 90 11.7 17 77 8.5 51 3.9 38 2.2 992C 56 2.4 30 132 13.1 13 84 5.4 56 2.4 42 1.4 1262C 71 4.4 30 132 14.8 16 107 9.8 71 4.4 54 2.5 1532C 87 7.2 30 132 16.5 20 130 16.1 87 7.2 65 4.1 1802C 87 8.0 35 132 18.3 23 102 10.9 77 6.2 2002C 97 10.5 35 132 19.0 26 113 14.2 85 8.1 2072C 101 11.2 35 132 19.0 27 117 15.1 88 8.7 2342C 114 16.0 35 132 21.4 30 133 21.6 99 12.3 20°F DTPressure Drops 40°F DT30°F DTGPMDP Ft GPM DP FtGPMDP Ft Hi DeltaModel 10°F DTGPMDP FtMinimum FlowGPMDP Ft DT °F Maximum FlowGPMDP Ft DT °F Flow Rates 85% EFFICIENCY (TYPE WH) 302C 13 40 2.0 5.1 10 50 3.0 7.7 6 90 9.8 23.7 2” 402C 17 40 2.0 5.1 13 52 3.4 8.4 8 90 10.0 23.8 2” 502C 21 40 2.1 5.2 17 52 3.5 8.6 10 90 10.4 24.2 2” 652C 28 40 2.2 5.3 21 52 3.7 8.7 12 90 10.8 24.7 2” 752C 29 45 3.0 6.8 23 55 4.4 9.9 14 90 11.3 25.1 2” 902C 29 54 4.3 9.7 21 73 7.8 17.2 17 90 11.7 25.5 2” 992C 28 60 2.7 5.2 17 98 7.3 13.3 13 132 13.1 23.6 2-1/2” 1262C 29 75 4.8 8.5 19 115 11.3 19.4 16 132 14.8 25.3 2-1/2” 1532C 31 86 7.1 11.9 22 120 13.7 22.5 20 132 16.5 27.0 2-1/2” 1802C 30 102 10.9 17.4 26 120 15.1 23.9 23 132 18.3 28.7 2-1/2” 2002C 31 112 13.9 21.6 26 132 19.0 29.5 26 132 19.0 29.5 2-1/2” 2072C 30 117 15.1 23.4 27 132 19.0 29.5 27 132 19.0 29.5 2-1/2” 2342C 30 132 21.4 31.8 30 132 21.4 31.8 30 132 21.4 31.8 2-1/2” Exceeds Maximum Flow Minimum TubeSize (MTS)Hi DeltaModel Soft DT °F GPM DP Ft SHL* Water Hardness Less than Minimum Flow Medium DT °F GPM DP Ft SHL*Hard DT °F GPM DP Ft SHL*83.1% EFFICIENCY (TYPE WH) 302C 13 40 2.0 5.1 10 50 3.0 7.7 7 74 6.6 16.3 2” 402C 17 40 2.0 5.1 13 52 3.4 8.4 9 74 6.8 16.4 2” 502C 21 40 2.1 5.2 16 52 3.5 8.6 11 73 6.9 16.3 2” 652C 27 40 2.2 5.3 21 52 3.7 8.7 15 72 7.0 16.2 2” 752C 28 45 3.0 6.8 23 55 4.4 9.9 14 90 11.3 25.1 2” 902C 28 54 4.3 9.7 21 73 7.8 17.2 17 90 11.7 25.5 2” 992C 28 60 2.7 5.2 17 98 7.3 13.3 13 132 13.1 23.6 2-1/2” 1262C 28 75 4.8 8.5 18 115 11.3 19.4 16 132 14.8 25.3 2-1/2” 1532C 30 86 7.1 11.9 21 120 13.7 22.5 19 132 16.5 27.0 2-1/2” 1802C 30 102 10.9 17.4 25 120 15.1 23.9 23 132 18.3 28.7 2-1/2” 2002C 30 112 13.9 21.6 25 132 19.0 29.5 25 132 19.0 29.5 2-1/2” 2072C 30 117 15.1 23.4 26 132 19.0 29.5 26 132 19.0 29.5 2-1/2” 2342C 30 132 21.4 31.8 30 132 21.4 31.8 30 132 21.4 31.8 2-1/2” Minimum TubeSize (MTS)Hi DeltaModel Soft DT °F GPM DP Ft SHL* Water HardnessMedium DT °F GPM DP Ft SHL*Hard DT °F GPM DP Ft SHL* NOTES: Minimum flow rates in closed systems may be reduced to a flow rate consistent with a 39°F DT. Maximum flow rates are limited by maximum acceptable velocity through the heat exchanger tubes and may be increased by 10% for closed heating systems. Pressure drop would increase 21%. *SHL = Calculated at 100 feet effective pipe length. :84% EFFICIENCY (TYPE H) 302C 300 3055 1527 1018 764 611 509 436 382 339 305 278 255 235 218 204 402C 399 4063 2031 1354 1016 813 677 580 508 451 406 369 339 313 290 271 502C 500 5091 2545 1697 1273 1018 848 727 636 566 509 463 424 392 364 339 652C 650 6618 3309 2206 1655 1324 1103 945 827 735 662 602 552 509 473 441 752C 750 7636 3818 2545 1909 1527 1273 1091 955 848 764 694 636 587 545 509 902C 900 9164 4582 3055 2291 1833 1527 1309 1145 1018 916 833 764 705 655 611 992C 990 10080 5040 3360 2520 2016 1680 1440 1260 1120 1008 916 840 775 720 672 1262C 1260 12829 6415 4276 3207 2566 2138 1833 1604 1425 1283 1166 1069 987 916 855 1532C 1530 15578 7789 5193 3895 3116 2596 2225 1947 1731 1558 1416 1298 1198 1113 1039 1802C 1800 18327 9164 6109 4582 3665 3055 2618 2291 2036 1833 1666 1527 1410 1309 1222 2002C 1999 20353 10177 6784 5088 4071 3392 2908 2544 2261 2035 1850 1696 1566 1454 1357 2072C 2070 21076 10538 7025 5269 4215 3513 3011 2635 2342 2108 1916 1756 1621 1505 1405 2342C 2340 23825 11913 7942 5956 4765 3971 3404 2978 2647 2383 2166 1985 1833 1702 1588 Hi DeltaModel Temperature Rise (°F)10 Recovery Rates (GPH)MBTUHInput 20 30 40 50 60 70 80 90 100 110 120 130 140 150 85% EFFICIENCY (TYPE WH) 302C 300 3091 1545 1030 773 618 515 442 386 343 309 281 258 238 221 206 402C 399 4111 2055 1370 1028 822 685 587 514 457 411 374 343 316 294 274 502C 500 5152 2576 1717 1288 1030 859 736 644 572 515 468 429 396 368 343 652C 650 6697 3348 2232 1674 1339 1116 957 837 744 670 609 558 515 478 446 752C 750 7727 3864 2576 1932 1545 1288 1104 966 859 773 702 644 594 552 515 902C 900 9273 4636 3091 2318 1855 1545 1325 1159 1030 927 843 773 713 662 618 992C 990 10200 5100 3400 2550 2040 1700 1457 1275 1133 1020 927 850 785 729 680 1262C 1260 12982 6491 4327 3245 2596 2164 1855 1623 1442 1298 1180 1082 999 927 865 1532C 1530 15764 7882 5255 3941 3153 2627 2252 1970 1752 1576 1433 1314 1213 1126 1051 1802C 1800 18545 9273 6182 4636 3709 3091 2649 2318 2061 1855 1686 1545 1427 1325 1236 2002C 1999 20596 10298 6865 5149 4119 3433 2942 2574 2288 2060 1872 1716 1584 1471 1373 2072C 2070 21327 10664 7109 5332 4265 3555 3047 2666 2370 2133 1939 1777 1641 1523 1422 2342C 2340 24109 12055 8036 6027 4822 4018 3444 3014 2679 2411 2192 2009 1855 1722 1607 Hi DeltaModel Temperature Rise (°F)10 Recovery Rates (GPH)MBTUHInput 20 30 40 50 60 70 80 90 100 110 120 130 140 150 83.1% EFFICIENCY (TYPE WH) 302C 300 3022 1511 1007 755 604 504 432 378 336 302 275 252 232 216 201 402C 399 4019 2010 1340 1005 804 670 574 502 447 402 365 335 309 287 268 502C 500 5036 2518 1679 1259 1007 839 719 630 560 504 458 420 387 360 336 652C 650 6547 3274 2182 1637 1309 1091 935 818 727 655 595 546 504 468 436 752C 750 7555 3777 2518 1889 1511 1259 1079 944 839 755 687 630 581 540 504 902C 900 9065 4533 3022 2266 1813 1511 1295 1133 1007 907 824 755 697 648 604 992C 990 9972 4986 3324 2493 1994 1662 1425 1247 1108 997 907 831 767 712 665 1262C 1260 12692 6346 4231 3173 2538 2115 1813 1586 1410 1269 1154 1058 976 907 846 1532C 1530 15411 7706 5137 3853 3082 2569 2202 1926 1712 1541 1401 1284 1185 1101 1027 1802C 1800 18131 9065 6044 4533 3626 3022 2590 2266 2015 1813 1648 1511 1395 1295 1209 2002C 1999 20135 10068 6712 5034 4027 3356 2876 2517 2237 2014 1830 1678 1549 1438 1342 2072C 2070 20851 10425 6950 5213 4170 3475 2979 2606 2317 2085 1896 1738 1604 1489 1390 2342C 2340 23570 11785 7857 5893 4714 3928 3367 2946 2619 2357 2143 1964 1813 1684 1571 Hi DeltaModel Temperature Rise (°F)10 Recovery Rates (GPH)MBTUHInput 20 30 40 50 60 70 80 90 100 110 120 130 140 150 Notes:1 Standard on 992C.2 Standard on Models 1262C-2342C.3 Option not available on Model 2002C. v v = Standard V V = OptionalHEAT EXCHANGERWater Heaters (Type WH) 302C-902C 992C-2342C Boilers (Type H) 302C-902C 992C-2342C ASME, National Board Registered, 160 PSI H Stamp v v N/A N/A HLW Stamp N/A N/A v vHeat Exchanger Tubes Copper v v N/A N/A Cupro Nickel V V v vHeaders Bronze V V v v Cast Iron v v V VPressure Relief Valve 30, 45 & 75 PSI Available V V N/A N/A 60 PSI v v N/A N/A 125 PSI V V v v 150 PSI V V V VTemperature & Pressure Gauge v v v vPump – 120V, Single-Phase V V V V OPERATINGCONTROLS120V Power Supply With 120V/24V Transformer v v v vPump Time Delay Single Phase v v v vDiagnostic Display Central 15-Event Memory v v v vTemperature Controller Versa IC v v v v TempTracker Mod+ Hybrid V V V V SAFETIESHot Surface Ignition System 3-try v v v v 1-try V V V VHigh Gas Pressure Switch V V V VLow Gas Pressure Switch V v V vBlocked Vent and Air Pressure Switches v v v vHigh Limit Switch Manual Reset, Fixed v v v v Manual Reset, Adjustable V V V V Automatic Reset, Adjustable V V V VLow Water Cut-Off, 24V With manual reset and test button V V V VFlow Switch v v v v GAS TRAINFiring Mode 2-Stage (H3, WH3) v N/A v N/A 3-Stage (H8, WH8) N/A (1) N/A (1) 4-Stage (H9, WH9) N/A (2) N/A (2)4” WC Supply Pressure (G-20) Natural Gas Only V (3) V (3)AIRTruSeal Direct Vent System V V V VAir Filter, Room Air v v v vAir Filter, Ducted Outside Air V V V V OTHEREfficiency 83.1% (WH Cupro-Nickel, Category I or III) N/A N/A v v 84% (WH Copper, Category I or III) v v N/A N/A Up to 85% (WH Copper, Category II or IV) N/A N/A v vCombustible Floor Rated v v v vAlarm System V V V VVent Terminal Outdoor and Through-the-Wall V V V VRight-Hand Water Connections V V V VCSD-1/GE GAP Control System (4) V (4) VLow NOx Compliance Less than 20 ppm v (5) v (5)Cold Water Start Cold water protection systems V V V VCold Water Run Cold water protection systems V V V V 4 Not applicable for Models 302C and 402C; Optional for Models 502C-902C.5 Standard on Models 992C-2002C; Models 2072C and 2342C require site testing and have different emissions requirements (Consult factory). R a y p a k , I n c. • 2151 Eastman Ave., Oxnard, CA 93030 • phone: (805) 278-5300 • fax: (800) 872-9725 • www.raypak.comCat. No. 1100.12-R Effective 07-01-18 Replaces: 03-01-18 Project Name / Date 1 FINNED WATER-TUBE POOL HEATERS - GENERAL 1.1 SUMMARY A. Section includes gas-fired, Cupro-Nickel finned-tube pool heaters. B. Related Sections Specifier Note: Use as needed 1. Building Services Piping – Division 23 21 00 2. Breeching, Chimneys, and Stacks (Venting) – Division 23 51 00 3. Electrical – Division 23 09 33 1.2 REFERENCES A. ANSI Z21.56/CSA 4.7 B. ASME, BPV Section IV C. 2006 UMC, Section 1107.6 D. ANSI/ASHRAE 15-1994, Section 8.13.6 E. National Fuel Gas Code ANSI Z 223.1/NFPA 54 F. National Electrical Code, ANSI/NFPA 70 G. CSD-1-2012 (when required) 1.3 SUBMITTALS A. Product data sheet (including dimensions, rated capacities, shipping weights, accessories) B. Wiring diagram C. Warranty information D. Installation and operating instructions 1.4 QUALITY ASSURANCE A. Regulatory Requirements 1. ANSI Z21.56/CSA 4.7 2. Local and national air quality regulations for low NOx (< 20 PPM NOx emissions) pool heaters B. Certifications 1. CSA 2. ASME HLW Stamp and National Board Listed 1.5 HEAT EXCHANGER WARRANTY A. Limited five-year warranty from date of installation - PRODUCTS 2.1 MANUFACTURER A. Raypak, Inc. 1. Contact: 2151 Eastman Ave., Oxnard, CA 93030; Telephone: (805) 278-5300; Fax: (800) 872-9725; Web site: www.raypak.com 2. Product: Hi Delta® cupro-nickel finned-tube pool heater(s) Catalog No.: 6000.601A Effective: 07-12-18 Replaces: 10-31-16 HI DELTA®, TYPE P - MODELS 502C-902C SUGGESTED SPECIFICATIONS Project Name / Date 2 2.2 POOL HEATERS A. General 1. The pool heater(s) shall be fired with gas at a rated input of BTU/hr. 2. The pool heater(s) shall be CSA tested and certified with a minimum thermal efficiency of 83.1 percent at full fire. 3. The pool heater(s) shall be ASME inspected and HLW-stamped and National Board registered for 160 PSIG working pressure, complete with a Manufacturer's Data Report. 4. The pool heater(s) shall have a floor loading of sixty-five (65) lbs. /square foot or less. B. Heat Exchanger 1. The heat exchanger shall be of a single-bank, horizontal-grid design with eight integral cupro- nickel finned tubes, each end of which is rolled into an ASME boiler-quality steel tube sheet. 2. The heat exchanger shall be sealed to one hundred sixty (160) PSIG-rated brass headers with high-temperature silicone "O" rings. 3. The low water volume heat exchanger shall be explosion-proof on the water side. 4. The headers shall be secured to the tube sheet by stud bolts with flange nuts to permit inspection and maintenance without removal of external piping connections. The heat exchanger shall incorporate "V” baffles between the tubes to ensure complete contact of the external tube surfaces with the products of combustion. 5. The pool heater(s) shall be capable of operating at inlet water temperatures as low as 105°F without condensation. 6. The pool heater(s) shall be designed to accommodate field changes of either left or right hand plumbing and electrical while leaving the tube bundle in place. C. Burners 1. The combustion chamber shall be of the sealed combustion type. 2. The tubular burners shall have multiport radial gas orifices, punched ports and slots, be capable of quiet ignition and extinction without flashback at the orifice, and be manufactured from corrosion-resistant titanium-stabilized stainless steel with low expansion coefficient. 3. The burners will be supplied with a fan-assisted, clean burning, and highly efficient fuel-air mixture. D. Ignition Control System 1. The pool heater(s) shall be equipped with a 100 percent safety shutdown. 2. The ignition shall be hot surface ignition (HSI) type with full flame rectification by remote sensing separate from the ignition source, with a three-try-for-ignition sequence, to ensure consistent operation. 3. The igniter will be located away from the water inlet to protect the device from condensation during start-up. 4. The ignition control module shall include an LED that indicates fifteen (15) individual diagnostic flash codes and transmits any fault codes to the LCD display. 5. Two external viewing ports shall be provided, permitting visual observation of burner operation. E. Gas Train 1. The pool heater(s) shall have a firing/leak test valve and pressure test valve as required by CSD-1. 2. The pool heater(s) shall have dual-seated main gas valve(s). 3. Gas control trains shall have a redundant safety shut-off feature, main gas regulator, shut-off cock and plugged pressure tapping to meet the requirements of ANSI Z21.56/CSA 4.7. F. Pool Heater Control 1. The following safety controls shall be provided: a. Fixed high limit control with manual reset b. Flow switch, mounted and wired c. 125 PSIG ASME pressure relief valve, piped by the installer to an approved drain d. Temperature and pressure gauge Project Name / Date 3 2. The pool heater(s) shall be equipped with the VERSA IC® temperature controller (setpoint range 66°F - 106°F) with LCD display that incorporates an adjustable energy-saving pump control relay and freeze protection and is factory-mounted and wired to improve system efficiency; four (4) water sensors included (system sensor and return sensor are shipped loose). G. Firing Mode 1. For all models, provide on/off control of the gas input to the pool heater. H. Pool Heater Diagnostics 1. Provide external LED panel displaying the following water heater status/faults: a. Power on – Green b. Call for heat – Amber c. Burner firing – Blue d. Service – Red 2. Provide monitoring of all safeties, internal/external interlocks with fault display by a 3-1/2 in. LCD display: a. System status b. Ignition failure c. False flame d. Ignition proving current (HSI) e. Field Interlock f. Air pressure switch g. Low 24VAC h. Manual reset high limit i. Blocked vent j. Controller alarm k. Flow switch fault l. Sensor failure I. Inlet sensor (open or short) II. Outlet sensor (open or short) III. System sensor (open or short) IV. High limit sensor (open or short) m. Internal control fault n. ID card fault o. Cascade communications error Specifier Note: The following items are options. Delete if not being specified. p. Low water cut-off q. Low gas pressure switch r. High gas pressure switch s. Controller alarm t. Cold Water Run 3. A central point wiring board with diagnostic LED’s indicating the status of each relay. 4. Provide ignition module indicating the following flash codes by LED signal and displayed on LCD display: a. 1 flash – Low air pressure b. 2 flashes – Flame in the combustion chamber w/o CFH c. 3 flashes – Ignition lock-out (flame failure) d. 4 flashes – Low hot surface igniter current e. 5 flashes – Low 24VAC f. 6 flashes – Vent temperature fault (not used) g. 7 flashes – Hi-limit fault h. 8 flashes – Sensor fault i. 9 flashes – Low gas pressure fault j. 10 flashes – Water pressure fault (not used) k. 11 flashes – Blower speed fault (not used) l. 12 flashes – Low water cut off m. 13 flashes – Hi-temperature delta T n. 14 flashes – Ft-bus communication fault Project Name / Date 4 o. 15 flashes – General safety fault I. Combustion Chamber: The lightweight, high temperature, multi-piece, interlocking ceramic fiber combustion chamber liner shall be sealed to reduce standby radiation losses, reducing jacket losses and increasing unit efficiency. J. Venting 1. When routed vertically, the pool heater’s flue material and size shall be in accordance with the National Fuel Gas Code, ANSI Z223.1/NFPA 54 latest edition (Category I). 2. When routed horizontally, the boiler(s) flue material and size shall meet or exceed the requirements as specified for Category III in the National Fuel Gas Code, ANSI Z223.1/NFPA 54 latest edition. 3. The pool heater(s) shall be ducted combustion air ready. K. Cabinet 1. The corrosion-resistant galvanized steel jackets shall be finished with a baked-on epoxy powder coat which is suitable for outdoor installation, applied prior to assembly for complete coverage, and shall incorporate louvers in the outer panels to divert air past heated surfaces. 2. The pool heater(s), if located on a combustible floor, shall not require a separate combustible floor base. 3. The pool heater(s) shall have the option of venting the flue products either through the top or the back of the unit. 4. Combustion air intake shall be on the left side of the cabinet (standard), right side optional. L. Automatic Bypass (Sparkomatic) 1. The pool heater(s) shall be configured with an external bronze pump and bypass arrangement designed to maintain the water entering the heater at the proper temperature that will prevent condensation and scale in the heat exchanger. The entire waterway shall be non-ferrous. Specifier Note: The remaining items in this section are options. Delete those that are not being specified. M. Pool Heater Pump - Refer to Equipment Schedule N. SureRack® Pool Heater Stacking Kit 1. The pool heaters shall be stacked directly one on top of the other, without offset, to minimize footprint. O. Cold Water Run System 1. The pool heater(s) shall be configured with a Cold Water Run automatic proportional by-pass system that ensures the pool heater will experience inlet temperatures in excess of 105°F in less than seven (7) minutes to avoid damaging condensation. The unit can automatically shut down if the inlet temperature is not achieved within the seven (7) minute time frame. 2. The Cold Water Run system shall be configured with a variable-speed pump that is controlled by the VERSA IC software that injects the correct amount of cold water directly into the pool heater loop to maintain a minimum inlet temperature. The factory-installed pool heater inlet temperature sensor shall be utilized for the cold water run system. 3. The control shall have a temperature setting adjustment located in the Setup menu of the VERSA IC. The inlet temperature range shall be 105°F to 120°F. The PID logic shall be capable of limiting system overshoot to a maximum of 10°F on initial start-up or call-for-heat. 4. The Cold Water Run system shall be completely wired and mounted at the factory. 5. The control shall have alarm contacts. P. Low Gas Supply Pressure Manifold 1. The pool heater(s) shall be CSA certified for full-input operation down to four (4.0) inches W.C. dynamic inlet natural gas supply pressure. Q. TruSeal® Direct Vent 1. The pool heater(s) shall meet safety standards for direct vent equipment as noted by the 2006 UMC, section 1107.6, ASHRAE 15-1994, section 8.13.6, and ANSI Z21.56/CSA 4.7. 2.3 POOL HEATER OPERATING CONTROL Project Name / Date 5 A. Each pool heater shall have the ability to receive a 0 to 10 VDC signal from a Central Energy Management and Direct Drive Control System (EMCS) to vary the setpoint control. Each heater shall have an alarm contact for connection to a central EMCS system. B. Each pool heater shall be equipped with Modbus communications compatibility with up to one hundred forty-six (146) points of data available. 1. B-85 Gateway – BACnet MS/TP, BACnet IP, N2 Metasys or Modbus TCP (optional) 2. B-86 Gateway - LonWorks 2.4 SOURCE QUALITY CONTROL A. The pool heater(s) shall be completely assembled, wired, and fire-tested prior to shipment from the factory. B. The pool heater(s) shall be furnished with the sales order, ASME Manufacturer’s Data Report, inspection sheet, wiring diagram, rating plate and Installation and Operating Manual. - EXECUTION 3.1 INSTALLATION A. Must comply with: 1. Local, state, provincial, and national codes, laws, regulations and ordinances 2. National Fuel Gas Code, ANSI Z223.1//NFPA 54 – latest edition 3. National Electrical Code, ANSI/NFPA 70 – latest edition 4. Standard for Controls and Safety Devices for Automatically Fired Boilers, ANSI/ASME CSD-1, when required 5. Canada only: CAN/CSA B149 Installation Code and CSA C22.1 CEC Part I 6. Manufacturer’s installation instructions, including required service clearances and venting guidelines B. Manufacturer’s representative to verify proper and complete installation. 3.2 START-UP A. Shall be performed by Raypak factory-trained personnel. B. Test during operation and adjust if necessary: 1. Safeties (2.2 - F) 2. Operating Controls (2.3) 3. Static and full load gas supply pressure 4. Gas manifold and blower air pressure C. Submit copy of start-up report to Architect and Engineer. 3.3 TRAINING A. Provide factory-authorized service representative to train maintenance personnel on procedures and schedules related to start-up, shut-down, troubleshooting, servicing, and preventive maintenance. B. Schedule training at least seven (7) days in advance. END OF SECTION • For vertical stacking of two Raypak HI DELTA®boilers • For boiler sizes 300,000 BTUH through 2,340,000 BTUH Sidewall Vent Category III Vertical Venting Category I (Type B) • Two-Boiler Vertical Stack • No Vent Offset Required • Small Footprint • Fits in Low-Ceiling Room • Heavy-Duty Construction • Easy Assembly • All Hardware Included • Still Allows for Complete Servicing SURERACK KIT ®TM RAYPAK,INC. • 2151 Eastman Avenue • Oxnard, CA 93030 • 805-278-5300 • Fax 800-872-9725 Raypak, Inc. reserves the right to make product changes or improvements at any time without notice. Catalog No.: 1000.16F Effective: 07-15-11 Replaces: 01-01-09 Litho in U.S.A. ©2009 Raypak, Inc. uJO=^aaJlk=hfq For above-ground installations uJN=o^`h=hfq Standard rack kit for ground-level installations Kit contains all assembly hardware. X-2 ADD-ON LEG For submittal information, see Catalog No. 1000.92 SURERACK KIT ®TM Hi Delta Models X-1 Part Number X-2 Part Number A B C 302 006906 007046 30 41-1/4 72-1/4 402 006907 30 48-1/4 72-1/4 502 006908 30 55-1/4 72-1/4 652 006909 30 65-3/4 72-1/4 752 006910 30 72-3/4 72-1/4 902 006911 30 83-1/4 72-1/4 992 011563 007053 37-1/2 64-1/8 87-1/2 1262 011564 37-1/2 75-1/2 87-1/2 1532 011565 37-1/2 87 87-1/2 1802 011566 37-1/2 98-1/8 87-1/2 2002 011567 37-1/2 109-1/2 87-1/2 2072 011567 37-1/2 109-1/2 87-1/2 2342 011568 37-1/2 121 87-1/2BAC INFORMATION Hi Delta Model Ground Level Above Ground 302 thru 902 Standard X-1 Kit Add X-2 Kit 992 thru 2342 Standard X-1 Kit Add X-2 Kit AGREEMENT FOR CONTRACT SERVICES 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 Name[insert the type of business entity, e.g. sole proprietorship, CA Limited Liability Corp, an S Corp.] (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to telephone answering services for Short Term Vacation Rental (STVR) program, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first- class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, r ules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party 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, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party 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, and shall -2- indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, 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 Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party 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 Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not -3- perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s , or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 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”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. 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 Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation -4- expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method o f compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party 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 Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items 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. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. -5- 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, or assigned designee. 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 Contracting Party, 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 Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer , or assigned designee, in writing of the causes of the delay. The Contract Officer , or assigned designee, 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 the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on , and terminate on (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Don Thaler, Senior Vice President- Tel No. E-mail: (b) Pearl Alonzo, General Mgr. Tel No. -6- Email: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as the [ENTER NAME OF DEPARTMENT MANAGER OR DIRECTOR] or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer , or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer , or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract 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 transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect . No approved transfer shall release Contracting Party of any liability hereunder without the express consent 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 -7- Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party 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. Contracting Party 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party sh all not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel -8- required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if -9- Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further -10- employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party 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 Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party 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. -11- 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed 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 Contracting Party 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, or assigned designee; provided that if the default is an immediate danger to the health, safety, or 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 this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the -12- invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party 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 Contracting Party 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 Contracting Party. 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. 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 declaratory or 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 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 Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party 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, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. -13- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party 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 Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any oblig ation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without -14- the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party 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 any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or 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: Insert Contract Officer 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: VENDORS COMPANY NAME VENDORS CONTACT VENDORS STREET ADDRESS VENDORS CITY, STATE, ZIP -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, 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 unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become -16- effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: [TO BE PROVIDED BY STAFF (include location of work)] 2. Performance Standards: [TO BE PROVIDED BY STAFF] OR [See Attached] Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and i n no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Exhibit A Page 3 of 5 Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Par ty’s obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. C ity shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such Exhibit A Page 4 of 5 unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and Exhibit A Page 5 of 5 procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed ______________________ ($ __________) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit D Page 1 of 1 Exhibit D Special Requirements [insert Special Requirements or indicate “None” if there are none] Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, 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) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party 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 to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’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 Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party 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 Contracting Party, its officers, any person directly or indirectly employed by Contracting Exhibit E Page 2 of 6 Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party 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 Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party 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. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party 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 Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exhibit E Page 3 of 6 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 Contracting Party’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 Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcon tractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 19 92. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party 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 Contracting Party 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 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. Contracting Party shall not make any reductions in scope of coverage (e.g. Exhibit E Page 4 of 6 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 the coverages required and an additional insured endorsement to Contracting Party’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 Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involve d in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party 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. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party 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 Contracting Party’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 Contracting Party, 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 this Agreement to change the amounts and types of insurance required by giving Exhibit E Page 5 of 6 the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial a dditional cost to the Contracting Party, 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. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party 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. Contracting Party 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 the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party 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 Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is 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 Contracting Party under this agreement. Contracting Party 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. Exhibit E Page 6 of 6 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 Exhibit 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 Exhibit. 20. Contracting Party 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 Contracting Party 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. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party 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. Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), 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 Contracting Party or of any subcontractor), 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 Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties 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 Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the acti ve 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 Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of 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 by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liabi lity thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party 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 Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), 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. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions Exhibit F Page 3 of 3 identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. 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 in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement.