David Volz Design /Madison Turf Conversion 15THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made ani
entered into by and between the CITY OF LA QUINTA, ("City"), a Californii
municipal corporation, and DAVID VOLZ DESIGN ("Consultant"). The partie2
hereto agree as follows:
1.1 Scope of Services. In compliance with all terms and conditions of th
Agreement, Consultant shall provide those services related to the Madison Stre
Median Island Landscape Turf Conversion Improvements, Project No. 2015-04,
specified in the "Scope of Services" attached hereto as Exhibit "A" a
incorporated herein by this reference (the "Services"). Consultant rep 'ts an resen warrants that Consultant is a provider of first-class services and Consultant
experienced in performing the Services contemplated herein and, in light of su
nil
status and experience, Consultant covenants that it shall follow the highe
professional standards in performing the Services required hereunder. For purpos
of this Agreement, the phrase "highest professional standards" shall mean tho
la
standards of practice recognized by one or more first-class firms performing simi
services under similar circumstances.
1.2 Compliance with Law. All services rendered hereunder shall be providI
in accordance with all ordinances, resolutions, statutes, rules, regulations, and la
of the City and any Federal, State, or local governmental agency of compete
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specifi
herein, Consultant shall obtain at its sole cost and expense such licenses, permit
and approvals as may be required by law for the performance of the Servic
required by this Agreement, including a City of La Quinta business licens
Consultant and its employees, agents, and subcontractors shall, at their sole co
and expense, keep in effect at all times during the term of this Agreement a
licenses, permits, and approvals that are legally required for the performance of t
Services required by this Agreement. Consultant shall have the sole obligation
pay for any fees, assessments, and taxes, plus applicable penalties and interes
which may be imposed by law and arise from or are necessary for the performan
of the Services required by this Agreement, and shall indemnify, defend (wi
counsel selected by City), and hold City, its elected officials, officers, employee
and agents, free and harmless against any such fees, assessments, taxe
penalties, or interest levied, assessed, or imposed against City hereunde
Consultant shall be responsible for all subcontractors' compliance with this Sectio
1.4 Familiarity with Work. By executing this Agreement, ConsultarM
warrants that (a) it has thoroughly investigated and considered the Services to b2
performed, (b) it has investigated the site where the Services are to be performe
if any, and fully acquainted itself with the conditions there existing, (c) it h
carefully considered how the Services should be performed, and (d) it fu
understands the facilities, difficulties, and restrictions attending performance of t
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Services under this Agreement. Should Consultant discover any latent or unkno
conditions materially differing from those inherent in the Services or as represe, nt
by City, Consultant shall immediately inform City of such fact and shall not pro ce
except at Consultant's risk until written instructions are received from the Contra]
Officer (as defined in Section 4.2 hereof).
1.5 Standard of Care. Consultant acknowledges and understands that t[n-
Services contracted for under this Agreement require specialized skills and abiliti
and that, consistent with this understanding, Consultant's work will be held to
heightened standard of quality. Consistent with Section 1.4 hereinabov
Consultant represents to City that it holds the necessary skills and abilities
satisfy the heightened standard of quality as set forth in this Agreemen
Consultant shall adopt reasonable methods during the life of this Agreement
furnish continuous protection to the Services performed by Consultant, and t
equipment, materials, papers, and other components thereof to prevent losses
damages, and shall be responsible for all such damages, to persons or propert
until acceptance of the Services by City, except such losses or damages as may
caused by City's own negligence. The performance of Services by Consultant sh
not relieve Consultant from any obligation to correct any incomplete, inaccurate,
defective work at no further cost to City, when such inaccuracies are due to t -
negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of th
Agreement, Consultant shall perform services in addition to those specified
Scope of Services ("Additional Services") only when directed to do so by t '
Contract Officer, provided that Consultant shall not be required to perform a
Additional Services without compensation. Consultant shall not perform a
Additional Services until receiving prior written authorization from the Contra
Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) t -
time to perform this Agreement, which said adjustments are subject to the writt
approval of Consultant. It is expressly understood by Consultant that t -
provisions of this Section shall not apply to the Services specifically set forth in t -
Scope of Services or reasonably contemplated therein. It is specifically understo
and agreed that oral requests and/or approvals of Additional Services shall -
barred and are unenforeceable. Failure of Consultant to secure the Contra
Officer's written authorization for Additional Services shall constitute a waiver
any and all right to adjustment of the Contract Sum or time to perform th
Agreement, whether by way of compensation, restitution, quantum meruit, or t -
'like, for Additional Services provided without the appropriate authorization from the
Contract Officer. Compensation for properly authorized Additional Services shall be
made in accordance with Section 2.3 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of thm
Agreement, if any, which are made a part hereof are set forth in Exhibit
"Special Requirementswhich is incorporated herein by this reference atl
expressly made a part hereof. In the event of a conflict between the provisions
the Special Requirements and any other provisions of this Agreement, t
provisions of the Special Requirements shall govern.
2.1 Contract Sum. For the Services rendered pursuant to this Agreemen
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule
Compensation") in a total amount not to exceed Twenty -Eight Thousand, Fi
Hundred Sixty -Two Dollars ($28,562.00) (the "Contract Sum"), except as provid
in Section 1.6. The method of compensation set forth in the Schedule
Compensation may include a lump sum payment upon completion, payment i
accordance with the percentage of completion of the Services, payment for ti
and materials based upon Consultant's rate schedule, but not exceeding t
Contract Sum, or such other methods as may be specified in the Schedule•
Compensation. The Contract Sum shall include the attendance of Consultant at
project meetings reasonably deemed necessary by City; Consultant shall not
entitled to any additional compensation for attending said meetings. Compensati
may include reimbursement for actual and necessary expenditures for reproducti
costs, transportation expense, telephone expense, and similar costs and expens
when and if specified in the Schedule of Compensation. Regardless of the meth
of compensation set forth in the Schedule of Compensation, Consultant's over
compensation shall not exceed the Contract Sum, except as provided in Secti
1.6 of this Agreement.
2.2 Method of Bilring. Any month in which Consultant wishes
receive payment, Consultant shall submit to City no later than the tenth (10t
working day of such month, in the form approved by City's Finance Director,
invoice for Services rendered prior to the date of the invoice. Such invoice sh
(1) describe in detail the Services provided, including time and materials, a
(2) specify each staff member who has provided Services and the number of hou
assigned to each such staff member. Such invoice shall contain a certification by
principal member of Consultant specifying that the payment requested is f
Services performed in accordance with the terms of this Agreement. Subject *
retention pursuant to Section 8.3, City will pay Consultant for all items stat 6
r thereon which are approved by City pursuant to this Agreement no later than thi
(30) days after invoices are received by the City's Finance Department.
2.3 Compensation for Additional Services. Additional Servic-Jo
approved in advance by the Contract Officer pursuant to Section 1.6 of th
Agreement shall be paid for in an amount agreed to in writing by both City a•
Consultant in advance of the Additional Services being rendered by Consultan
Any compensation for Additional Services amounting to five percent (5%) or le
of the Contract Sum may be approved by the Contract Officer. Any great
amount of compensation for Additional Services must be approved by the
Quinta City Council. Under no circumstances shall Consultant recei
compensation for any Additional Services unless prior written approval for t
Additional Services is obtained from the Contract Officer pursuant to Section 1.6
this Agreement.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of th"
Agreement. If the Services not completed in accordance with the Schedule
Performance, as set forth in Section 3.2 and Exhibit C, it is understood that t
City will suffer damage. I
3.2 Schedule of Performance. All Services rendered pursuant to th
Agreement shall be performed diligently and within the time period established i
Exhibit C (the "Schedule of Performance"). Extensions to the time period specifi
in the Schedule of Performance may be approved in writing by the Contract Officel
3.3i period specified in the Schedule of Performan
for performance of the Services rendered pursuant to this Agreement shall
extended because of any delays due to unforeseeable causes beyond the contr•
and without the fault or negligence of Consultant, including, but not restricted t
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quaranti
restrictions, riots, strikes, freight embargoes, acts of any governmental agen
other than City, and unusually severe weather, if Consultant shall within ten (1
days of the commencement of such delay notify the Contract Officer in writing
the causes of the delay. The Contract Officer shall ascertain the facts and t
extent of delay, and extend the time for performing the Services for the period
the forced delay when and if in his or her judgment such delay is justified, and t
Contract Officer's determination shall be final and conclusive upon the parties
this Agreement. Extensions to time period in the Schedule of Performance whi
are determined by the Contract Officer to be justified pursuant to this Section sh
not entitle the Consultant to additional compensation in excess of the Contra
Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.t
of this Agreement, the term of this agreement shall commence on September 16,
2015 and terminate on June 30, 2016 ("Initial Term"). This Agreement may bi;
extended upon mutual agreement by both parties ("Extended Term").
4.1 Representative of Consultant. The following principals of Consultant
("Prpals") are hereby designated as being the principals and representatives of
Consultant authorized to act in its behalf with respect to the Services specified
'-ierein and make all decisions in connection therewith:
a. David VoIz, L.A., Principal In Charge
E-mail: dvolz@dvolzdesign.com
b. Gary Vasquez, L.A., Senior Project Manager
E-mail: gvasquez@dvolzdesign.com
It is expressly understood that the experience, knowledge, capabilit
and reputation of the foregoing Principals were a substantial inducement for City
enter into this Agreement. Therefore, the foregoing Principals shall be responsib
during the term of this Agreement for directing all activities of Consultant a•
F devoting sufficient time to personally supervise the Services hereunder.
purposes of this Agreement, the foregoing Principals may not be changed
Consultant and no other personnel may be assigned to perform the Servic
required hereunder without the express written approval of City.
4.2 Contract Officer. The "Contract Officer" shall be Timothy R. Jonasso
P.E., Public Works Director/City Engineer or such other person as may
designated in writing by the City Manager of City. It shall be Consultant
responsibility to assure that the Contract Officer is kept informed of the progress
the performance of the Services, and Consultant shall refer any decisions, th
must be made by City to the Contract Officer. Unless otherwise specified herei
any approval of City required hereunder shall mean the approval of the Contra
Officer. The Contract Officer shall have authority to sign all documents on behal
of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experienc
knowledge, capability, and reputation of Consultant, its principals, and i
employees were a substantial inducement for City to enter into this Agreemen
i 11
Except as set forth in this Agreement, Consultant shall not contract with any oth
entity to perform in whole or in part the Services required hereunder without t
express written approval of City. In addition, neither this Agreement nor a
interest herein may be transferred, assigned, conveyed, hypothecated,
encumbered, voluntarily or by operation of law, without the prior written approvil.4
• City. Transfers restricted hereunder shall include the transfer to any person 0%
group of persons acting in concert of more than twenty five percent (25%) of t
present ownership and/or control of • taking • transfers into account
a cumulative basis. Any attempted or purported assignment or contracting
Consultant without City's express written approval shall be null, void, and of
eff ect. No approved transfer shall release Consultant of any liability •
• the express consent of City.
due to City from Consultant as a result of Consultant's failure to promptly pay tne
City any reimbursement or indemnification arising under this Section. I
4.5 Identity of Persons Performing Work. Consultant represents that
employs or will employ at its own expense all personnel required for t
satisfactory performance of any and all of the Services set forth herein. Consulta
represents that the Services required herein will be performed by Consultant
under its direct supervision, and that all personnel engaged in such work shall
fully qualified and shall be authorized and permitted under applicable State a
local law to perform such tasks and services. I
4.6 City Cooperation. City shall provide Consultant with any plan
publications, reports, statistics, records, or other data or information pertinent
the Services to be performed hereunder which are reasonably available
Consultant only from or through action by City. I
5.1 Insurance. Prior to the beginning of any Services under this Agreeme
and throughout the duration of the term of this Agreement, Consultant sh
procure and maintain, at its sole cost and expense, and submit concurrently wi
its execution of this Agreement, policies of insurance as set forth in Exhibit E (t
"Insurance Requirements") which is incorporated herein by this reference a
expressly made a part hereof.
6.0 INDEMNIFICATION. I
6.1 Indemnification. To the fullest extent permitted by law, Consultant sh-111
indemnify, protect, defend (with counsel selected by City), and hold harmless Ci
and any and all of its officers, employees, agents, and volunteers as set forth
Exhibit F ("Indemnification") which is incorporated herein by this reference a
expressly made a part hereof. I
. 1 111 B04:101:1
7.1 Reports. Consultant shall periodically prepare and submit to the Contra
Officer such reports concerning Consultant's performance of the Services requir
by this Agreement as the Contract Officer shall require. Consultant here
acknowledges that City is greatly concerned about the cost of the Services to
performed pursuant to this Agreement. For this reason, Consultant agrees that
Consultant becomes aware of any facts, circumstances, techniques, or events th
may or will materially increase or decrease the cost of the Services contemplat
herein or, if Consultant is providing design services, the cost of the project bei
designed, Consultant shall promptly notify the Contract Officer of said fac
circumstance, technique, or event and the estimated increased or decreased co:l�
-elated thereto and, if Consultant is providing design services, the estimated
_ncreased or decreased cost estimate for the project being designed.
7.2 Records. Consultant shall keep, and require any subcontractors to keer
such ledgers, books of accounts, invoices, vouchers, canceled checks, reporl
(including but not limited to payroll reports), studies, or other documents relating t
the disbursements charged to City and the Services performed hereunder (th
ii• and Recordsas shall • necessary to perform the Services required b
this Agreement and enable the Contract Officer to evaluate the performance (
such Services. Any and all such Books and Records shall be maintained i
accordance with generally accepted accounting principles and shall be complel
and detailed. The Contract Officer shall have full and free access to such Book
• Records at all times during normal business hours of City, including the right t
inspect, copy, audit, and make records and transcripts from such Books an
Records. Such Books and Records shall be maintained for a period of three (1�
years following completion of the Services hereunder, and City shall have access I
such Books and Records in the event any audit is required. In the event (
dissolution of Consultant's business, custody of the Books and Records may h
given to City, and access shall be provided • Consultant's successor in interes
Under California • Code Section 8546.7, if the amount of public fund
expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), tK
Agreement shall be subject to the examination and audit of the State Auditor, �
the request of City or as part of any audit of City, for a period of three (3) yeai
after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, design,,
photographs, studies, surveys, data, notes, computer files, reports, record,,
documents, and other materials plans, drawings, estimates, test data, surve
results, models, renderings, and other documents or works of authorship fixed i
any tangible '• of expression, including but not limited • physical drawing,,
digital renderings, or data stored digitally, magnetically, or in any other mediur
prepared or caused to be prepared by Consultant, its employees, subcontractor.,
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 th
Contract Officer or upon the expiration or termination of this Agreement, an
Consultant shall have no claim for further employment or additional compensatio
as a result of the exercise by City of its full rights of ownership use, reuse, (
assignment of the Documents and Materials hereunder. Any use, reuse (
assignment of such completed Documents and Materials for other projects and/(•
use of uncompleted documents without specific written authorization b
• will be at City's sole risk and • liability to Consultant, an
Consultant's guarantee and warranties shall not extend to such use, revise, (•
assignment. Consultant may retain copies of such Documents and Materials for il
own use. Consultant shall have an unrestricted right to use the concepts embodie
therein. All subcontractors shall provide for assignment to City of any Documenin
and Materials prepared by them, and in the event Consultant fails to secure su
assignment, Consultant shall indemnify City for all damages resulting therefrom. I
In the event City or any person, firm, or corporation authorized by City reus'
said Documents and Materials without written verification or adaptation
Consultant for the specific purpose intended and causes to be made or makes a
changes or alterations in said Documents and Materials, City hereby release
discharges, and exonerates Consultant from liability resulting from said chang
The provisions of this clause shall survive the termination or expiration of th
Agreement and shall thereafter remain in full force and effect.
7.4 Licensing of Intellectual Property. This Agreement creates a no
exclusive and perpetual license for City to copy, use, modify, reuse, or sublicen
any and all copyrights, designs, rights of reproduction, and other intellectu
property embodied in the Documents and Materials. Consultant shall require
subcontractors, if any, to agree in writing that City is granted a non-exclusive a
perpetual license for the Documents and Materials the subcontractor prepar
under this Agreement. Consultant represents and warrants that Consultant has t
legal right to license any and all of the Documents and Materials. Consulta
makes no such representation and warranty in regard to the Docu ments a Materials which were prepared by design professionals other than Consultant
provided to Consultant by City. City shall not be limited in any way in its use
the Documents and Materials at any time, provided that any such use not withi
the purposes intended by this Agreement shall be at City's sole risk.
7.5 Release of Documents. The Documents and Materials shall not
released publicly without the prior written approval of the Contract Officer or
required by law. Consultant shall not disclose to any other entity or person a
information regarding the activities of City, except as required by law or
authorized by City.
8.1 California Law. This Agreement shall be interpreted, construed, are
governed both as to validity and to performance of the parties in accordance wi
the laws of the State of California. Legal actions concerning any dispute, claim,
matter arising out of or in relation to this Agreement shall be instituted in t
Superior Court of the County of Riverside, State of California, or any oth
appropriate court in such county, and Consultant covenants and agrees to subm
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
'njured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing i
obligations hereunder so long as the injuring party commences to cure such defau
within ten (10) days of service of such notice and completes the cure of su
default within forty-five (45) days after service of the notice, or such longer peri
as may be permitted by the Contract Officer; provided that if the default is
immediate danger to the health, safety, or general welfare, City may take su
immediate action as City deems warranted. Compliance with the provisions of th
Section shall be a condition precedent to termination of this Agreement for cau -
and to any legal action, and such compliance shall not be a waiver of any party
right to take legal action in the event that the dispute is not cured, provided th
nothing herein shall limit City's right to terminate this Agreement without cau -
pursuant to Section 8.8. During the period of time that Consultant is in defaul
City shall hold all invoices and shall, when the default is cured, proceed wi
payment on the invoices. In the alternative, City may, in its sole discretion, ele
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
Consultant sufficient funds to compensate City for any losses, costs, liabilities,
damages it reasonably believes were suffered by City due to the default
Consultant in the performance of the Services required by this Agreement.
8.4 11'aiver. 110 delay or omission in the exercise of any right or remedy of
non -defaulting party on any default shall impair such right or remedy or
construed as a waiver. City's consent or approval of any act by Consulta
requiring City's consent or approval shall not be deemed to waive or rend
unnecessary City's consent to or approval of any subsequent act of Consultan
Any waiver by either party of any default must be in writing and shall not be
waiver of any other default concerning the same or any other provision of th
Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights an'
remedies expressly declared to be exclusive in this Agreement, the rights a
remedies of the parties are cumulative and the exercise by either party of one
more of such rights or remedies shall not preclude the exercise by it, at the sa
doogoediome
ifferent times, f any ther rihts r remes fr deo the same fault •r any oth
default by the other party. I]
8.6 Legal Action. In addition to any other rights or remedies, either partM
may take legal action, at law or at equity, to cure, correct, or remedy any defaul
to recover damages for any default, to compel specific performance of th
Agreement, to obtain declaratory or injunctive relief, or to obtain any other reme
consistent with the purposes of this Agreement. I
8.7 Termination Prior To Expiration Of Term. This Section shall g overn arm
�o ollowi
termination of this Agreement, except as specifically provided in the I
Section 8.9 for termination for cause. City reserves the right to terminate th
Agreement at any time, with or without cause, upon thirty (30) days' writt
notice to Consultant. Upon receipt of any notice of termination, Consultant sh
immediately cease all Services hereunder except such as may be specifical
approved by the Contract Officer. Consultant shall be entitled to compensation f
all Services rendered prior to receipt of the notice of termination and for a al
Services authorized by the Contract Officer thereafter in accordance with t
Schedule of Compensation or such as may be approved by the Contract Office
except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failu-v-4
of Consultant to fulfill its obligations under this Agreement, City may, aft
compliance with the provisions of Section 8.2, take over the Services a
prosecute the same to completion by contract or otherwise, and Consultant
be liable to the extent that the total cost for completion of the Services requir
hereunder exceeds the compensation herein stipulated (provided that City shall ub
reasonable efforts to mitigate such damages), and City may withhold any paymeni
to Consultant for the purpose of setoff or partial payment of the amounts owe*
City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party to this Agreement is required to initia -
or defend or made a party to any action or proceeding in any way connected wi
this Agreement, the prevailing party in such action or proceeding, in addition to a
other relief which may be granted, whether legal or equitable, shall be entitled
reasonable attorneys' fees; provided, however, that the attorneys' fees award
pursuant to this Section shall not exceed the hourly rate paid by City for leg -
services multiplied by the reasonable number of hours spent by the prevailing par
in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on a
appeal, and in addition a party entitled to attorneys' fees shall be entitled to
other reasonable costs for investigating such action, taking depositions a
discovery, and all other necessary costs the court allows which are incurred in su
gation. All such fees shall be deemed to have accrued on commencement
such action and shall be enforceable whether or not such action is prosecuted
judgment. The court may set such fees in the same action or in a separate acti•
brought for that purpose.
9.1 Non -liability of City Officers and Employees. No officer, officia
employee, agent, representative, or volunteer of City shall be personally liable
Consultant, or any successor in interest, in the event or any default or breach
City or for any amount which may become due to Consultant or to its successor,
for breach of any obligation of the terms of this Agreement. I
9.2 Conflict of Interest. Consultant covenants that neither it, nor any offic-91
or principal of it, has or shall acquire any interest, directly or indirectly, whi
would conflict in any manner with the interests of City or which would in any w
hinder Consultant's performance of the Services under this Agreement. Consulta
further covenants that in the performance of this Agreement, no person having a
such interest shall be employed by it as an officer, employee, agent,
subcontractor without the express written consent of the Contract Office
Consultant agrees to at all times avoid conflicts of interest or the appearance
any cnflicts f interest with the interests •f City in the rfrmance f th
Agreement. 11
ooopeoo
No officer or employee of City shall have any financial interest, direct ol
indirect, in this Agreement nor shall any such officer or employee participate in a
decision relating to this Agreement which effects his financial interest or t
financial interest of any corporation, partnership or association in which he i
directly or indirectly, interested, in violation of any State statute or regulatio
Consultant warrants that it has not paid or given and will not pay or give any thi � Ir
party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and f6l
itself, its heirs, executors, assigns, and all persons claiming under or through the
that there shall be no discrimination against or segregation of, any person or grou
of persons on account of any impermissible classification including, but not limit
u
to, race, color, creed, religion, sex, marital status, sexual orientation, nation 4 1
origin, or ancestry in the performance of this Agreement. Consultant shall ta
affirmative action to insure that applicants are employed and that employees a
I
treated during employment without regard to their race, color, creed, religion, se
marital status, sexual orientation, national origin, or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, ap prova'. communication either party desires or is required to give the other party or a -
other person shall be in writing and either served personally or sent by prepai
first-class mail to the address set forth below. Either party may change its addre
by notifying the other party of the change of address in writing. Notice shall
deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this Section.
To City:
CITY OF LA QUINTA
City Manager
78-495 Calle Tampico
La Quinta, California 92253
To Consultant:
DAVID VOLZ DESIGN
Attention: David Volz, L.A.
Principal In Charge
78060 Calle Estado
La Quinta, California 92253
10.2 Interpretation. The terms of this Agreement shall be construed
accordance with the meaning of the language used and shall not be construed f
or against either party by reason of the authorship of this Agreement or any oth
rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings ani
subheadings contained in this Agreement are included for convenience only an4
shall not limit or otherwise affect the terms of this Agreement.
1
10.4 g2Mpjf��. This Agreement may be executed in counterparts I each
which shall be deemed to be an original, and such counterparts shall constitute o
and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto IM
the entire, complete, and exclusive expression of the understanding of the partie
It is understood that there are no oral agreements between the parties here
affecting this Agreement and this Agreement supersedes and cancels any and
previous negotiations, arrangements, agreements, and understandings, if an
between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement sh-Im
be valid unless made in writing and approved by Consultant and by the City Coun
of City. The parties agree that this requirement for written modifications cannot
waived and that any attempted waiver shall be void. I
10.7 Severabilily. In the event that any one or more of the articles, phrase
sentences, clauses, paragraphs, or sections contained in this Agreement shall
declared invalid or unenforceable, such invalidity or unenforceability shall not affe
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sectio
of this Agreement which are hereby declared as severable and shall be interpret
to carry out the intent of the parties hereunder unless the invalid provision is
material that its invalidity deprives either party of the basic benefit of their barga
or renders this Agreement meaningless. 11
10.8 Unfair Business Practices Claims. In entering into this ' ee m en
Consultant offers and agrees to assign to City all rights, title, and intereslgirn and
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.
§ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 1670
of Part 2 of Division 7 of the Business and Professions Code), arising fro,
purchases of goods, services, or materials related to this Agreement. Th
assignment shall be made and become effective at the time City renders fin
payment to Consultant without further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific
A,rovisions set forth in this Agreement, there are no intended third -party
*eneficiaries under this Agreement and no such other third parties shall have any
Tights or obligations hereunder.
10.10 Authori . The persons executing this Agreement on behalf of each cM
the parties hereto represent and warrant that (i) such party is duly organized ans
existing, (ii) they are duly authorized to execute and deliver this Agreement 01
behalf of said party, (iii) by so executing this Agreement, such party is formalM
bound to the provisions of this Agreement, and (iv) that entering into th
Agreement does not violate any provision of any other Agreement to which sa
party is bound. This Agreement shall be binding upon the heirs, executor
administrators, successors, and assigns of the parties. I
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITT OF LA QUINTA,
Digitally signed by Frank J. Spevacek
DN:
serjalNurnber=1 n615nh01 202cvmj,
Aj c=US, st=California, I=La Quinta,
o=FrankJ. Spevacek, cn=Frank J.
Spevacek
Date: 2015.10.05 10:35:35 -07'00'
FRANK J. SPEVACEK, City Manager
Dated:
ATTEST:
Digitally signed by City of La Quinta
DN: serialNurnber=6frnhzhdhvfjz93cr,
c=US ' st=California, I=La Quinta, o=City
of La Quinta, cn—City of La Quinta
Date: 2015.10.05 13:10:24 -07'00'
SUSAN MAYSELS, City Clerk
La Quinta, California
CZ Z M I =2
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONSULTANT:
By
mma��JKOAM
By:
Name:
Title:
attachedConsultant's scope of work, dated September 11, 2015, related to the Madisol
Street Median Island Landscape Turf Conversion Improvements, Project 2015-04
and made a part of agreement.
EXHIBIT A
David Vo|z Design proposes to provide the following landscape architectural services to the
City of LaOuin1afor the Madison Avenue Turf Conversion project. Our team is well versed in
the development of improvement plans for important community landscapes. DVD will
develop conceptual designs and construction plans for this public landscape. The following
services are proposed:
101 Background Research
a. Collect available data and maps
b. Meet with city project personnel
c Review Preliminary project prngnsrn and development criteria
d. Review plans and documents
e. Conduct site review
~ Identify existing irrigation infrastructure
° Identify location and condition oftrees
1.02 Prepare base map for planning purposes
1.03 Utilities Coordination
e. Send preliminary notification letters
b. Identify facilities and points of connection
c. Identify affected utility providers.
1.04 Meeting with city staff to review work to date
MEETINGS AND DELIVERABLES
Review meeting with city staff
Project base map with overlays
2.01 Prepare initial concept plans
sxH|BITA
SCOPE OFSERVICES
September z1,00ns
a. Develop concepts for medians
b. Refine + consolidate ideas
d. Prepare concept plan map
e. Develop order of magnitude construction cost budgets
2.02 Prepare project boards depicting concept plans
a. Develop rendered conceptual site plans
b. Prepare plant palette and landscape materials display
2.03 Prepare for staff and council review
2.04 Prepare and submit Water Reduction Rebate Application toCV\N[)and provide
follow-up as required by agency.
MEETINGS +DELIVERABLES
Meetings with city staff
Initial concept plans
Project display boards
Water Reduction Rebate Application
3.01 Council Presentation
a. Review project parameters
b. Present concept plan
c. Receive direction from council
4.01 Schedule verification
4.02 Program review and verification
cx*|mTA
SCOPE OFSERVICES
September z1,00ns
4.03 Prepare base maps
a. Prepare gencorrected aerial photo map for project use
b. Field review for spotting trees and infra -structure
4D4 Prepare construction drawings
a. Site construction plan and details
b. Irrigation plan and details
o. Landscape plan and details
d� Construction budget estimate
e. Construction documents
4.05 Prepare technical specifications
4.06 Prepare construction cost budget estimate
4.07 Submittal/review documents (7096 and QO%)
MEETINGS AND DELIVERABLES
Base Maps
Construction document submittals 70% and 90% (3 bound copies each submittal)
Construction budget estimate
5D1 City project team review ofwmrk-to-date
5,02 Internal quality control review
5.04 Revise documents as necessary
5.05 Turnover of original plans and specifications (mylar)
Construction plans l00%C3bound copies)
Construction technical specifications
cx*|mTA
SCOPE OpSERVICES
September z1,00n5
Construction budget estimate
Deliver Cad, Word, Excel files
Turn over original drawings /rny|ah
Staff meetings
6.01 Provide answers to pertinent pre -bid questions
6.02 Respond to project requests for information (RFI's)
6.03 Review project submittals
° Bidding assistance
° RHrespmnnes
• Submittal Reviews
EXH|mITA
SCOPE DpSERVICES
September z1,00ns
Exhibit B
With the exception of compensation for Additional Services, provided for
Section 2.3 of this Agreement, the maximum total compensation to be paid
Consultant under this Agreement is Twenty -Eight Thousand, Five Hundred Sixt
Two Dollars ($28,562.00) ("Contract Sum"). The Contract Sum shall be paid
Consultant in installment payments made on a monthly basis and in the Fixed F
amount identified in Consultant's schedule of compensation, dated September 1
2015, attached hereto for the work tasks performed and properly invoiced
Consultant in conformance with Section 2.2 of this Agreement. I
Last revised April 2O15 EXHIBIT
Scope cfWork
Task Initialize Project and Base Map
1 Preparation
Task
2 Initial Concept Plans
Task
Council Review
3
Task
Construction Documents
4
Task
Final Construction Documents
5
Task Bidding and Construction Period
h Assistance
PR
LA
PP
CT
AD
I Fee
Reimnbmrsab|ma
Reimbursable expenses, printing, copying, postage, etc. Estimate $ 1.000
TOTAL PROPOSED DESIGN FEE $ 28.582
ASSUMPTIONS:
1. Base maps will be prepared from city record drawings, survey services are not included herein.
2. Engineering services are not anticipated as needed for this project. Civil, storrnvvatnr, electrical or
other services.
EXHIBIT V
FEESCHEDULA
Exhibit C
Schedule of Performan]
Consultant shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, datei
Pieptember 11, 2015 attached hereto and incorporated herein by this reference.
Last revised April 2U15 EXHIBIT
David Volz Design proposes the following schedule with the intent to make the first or second
council meeting inOctober 2O15. The construction documents are scheduled for final plan
delivery by early December 20I5 with availability for let of the New Year bidding and
construction.
TASK 1-Initialize Project and Base Map Preparation 9/16/15-9/30/15
TASK 3-Council Review 10/08/15-10/20/25
TASK 5-Final Construction Documents II/I8/15-12/02/15
TASK 6 - Bidding and Construction Period Assistance As Needed
EXHIBIT C
Exhibit D
Last revised April 2O15 EXHIBIT
Exhibit E
'nsurance Requiremen*
E.1 Insurance. Prior to the beginning of and throughout the duration of th"
Agreement, the following policies shall be maintained and kept in full force a
effect providing insurance with minimum limits as indicated below and issued
insurers with A.M. Best ratings of no less than A -:VI: I
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall procure and maintain, at its cost, and subm
concurrently with its execution of this Agreement, Commercial General Liabili
insurance against all claims for injuries against persons or damages to proper
resulting from Consultant's acts or omissions rising out of or related
Consultant's performance under this Agreement. The insurance policy shall conta
a severability of interest clause providing that the coverage shall be primary f
losses arising out of Consultant's performance hereunder and neither City nor i
insurers shall be required to contribute to any such loss. A certificate evidenci
the foregoing and naming City and its officers and employees as additional insur
(n the Cmmercial Generl Liility licy nly) shall be delivered to and a p prov
by City prior to commencement of the services hereunder.
I
ooaabpoo
Consultant shall carry automobile liability insurance of $1,000,000 p
accident against all claims for injuries against persons or damages to proper
arising out of the use of any automobile by Consultant, its officers, any pers
directly or indirectly employed by Consultant, any subcontractor or agent,
anyone for whose acts any of them may be liable, arising directly or indirectly o
of or related to Consultant's performance under this Agreement. If Consultant
Consultant's employees will use personal autos in any way on this projec
I
Consultant shall provide evidence of personal auto liability coverage for each su
person. The term "automobile" includes, but is not limited to, a land motor vehi
"c trailer or semi -trailer designed for travel on public roads. The automobile insuran
policy shall contain a severability of interest clause providing that coverage shall
Last revised April 2015 EXHIBIT E
Page 1 of 6
A,rimary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropria
shall be written on a policy form coverage specifically designed to protect again
acts, errors or omissions of the consultant and "Covered Professional Services"
designated in the policy must specifically include work performed under th
agreement. The policy limit shall be no less than $1,000,000 per claim and in t
aggregate. The policy must "pay on behalf of" the insured and must include
provision establishing the insurer's duty to defend. The policy retroactive date sh
be on or before the effective date of this agreement. I
Consultant shall carry Workers' Compensation Insurance in accordan-F-9
with State Worker's Compensation laws with employer's liability limits no less th
$1,000,000 per accident or disease. I
Consultant shall provide written notice to City within ten (10) workinp-9
days if: (1) any of the required insurance policies is terminated; (2) the limits
any of the required polices are reduced; or (3) the deductible or self-insur
retention is increased. In the event any of said policies of insurance are cancelle
Consultant shall, prior to the cancellation date, submit new evidence of insuran
in conformance with this Exhibit to the Contract Officer. The procuring of su
insurance or the delivery of policies or certificates evidencing the same shall not
construed as a limitation of Consultant's obligation to indemnify City, its officer
employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Consulta
fails to provide or maintain any insurance policies or policy endorsements to t
extent and within the time herein required, City may, at its sole option: I
a. Obtain such insurance and deduct and retain the amount of the
,tremiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/(M
withhold any payment(s) which become due to Consultant hereunder un
Consultant demonstrates compliance with the requirements hereof. i
Exercise of any of the above remedies, however, is an alternative to arM
other remedies City may have. The above remedies are not the exclusive remedi I
for Consultant's failure to maintain or secure appropriate policies or endorsement
Nothing herein contained shall be construed as limiting in any way the extent
which Consultant may be held responsible for payments of damages to persons
Last revised April 2O15 EXHIBIT
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
E. 3 General Conditions Pertaining to Provisions of Insurance CovqL;. g_eb �
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1 . Consultant agrees to have its insurer endorse the third party generm
liability coverage required herein to include as additional insureds City, its official
employees, and agents, using standard ISO endorsement No. CG 2010 with
edition prior to 1992. Consultant also agrees to require all contractors, a
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with th
I
Agreement shall prohibit Consultant, or Consultant's employees, or agents, fro
waiving the right of subrogation prior to a loss. Consultant agrees to wai �1
subrogation rights against City regardless of the applicability of any insuran
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant anM
available or applicable to this Agreement are intended to apply to the full extent A
the policies. Nothing contained in this Agreement or any other agreement relati
to City or its operations limits the application of such insurance coverage. I
4. None of the coverages required herein will be in compliance witm
these requirements if they include any limiting endorsement of any kind that h
not been first submitted to City and approved of in writing. I
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 approvam
modification and additional requirements by the City, as the need arise
Consultant shall not make any reductions in scope of coverage (e.g. elimination
contractual liability or reduction of discovery period) that may affect City
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consistirfil
of certificates of insurance evidencing all of the coverages required and
additional insured endorsement to Consultant's general liability policy, shall
delivered to City at or por to the execution of this Agreement. In the event su
proof of any insurance is not delivered as required, or in the event such insurancel
ri
Last revised April 2015 EXHIBIT E
Page 3 of 6
canceled at any time and no replacement coverage is provided, City ha S the righ but not the duty, to obtain any insurance it deems necessary to protect its interes-
under this or any other agreement and to pay the premium. Any premium so pal
by City shall be charged to and promptly paid by Consultant or deducted fro
sums due Consultant, at City option. I
8. It is acknowledged by the parties of this agreement that
insurance coverage required to be provided by Consultant or any subcontractor,
intended to apply first and on a primary, non-contributing basis in relation to a
other insurance or self-insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any oth-"
party involved with the project that is brought onto or involved in the project
Consultant, provide the same minimum insurance coverage required of Consultan
Consultant agrees to monitor and review all such coverage and assumes
responsibility for ensuring that such coverage is provided in conformity with t
requirements of this section. Consultant agrees that upon request, all agreemen]
with subcontractors and others engaged in the project will be submitted to City
10. Consultant agrees not to self -insure or to use any self-insur1,1,9
retentions or deductibles on any portion of the insurance required herein (with t
exception of professional liability coverage, if required) and further agrees that
will not allow any contractor, subcontractor, Architect, Engineer or other entity
person in any way involved in the performance of work on the proje
contemplated by this agreement to self -insure its obligations to City.
Consultant's existing coverage includes a deductible or self -insured retention, t
deductible or self -insured retention must be declared to the City. At that time t
City shall review options with the Consultant, which may include reduction
elimination of the deductible or self -insured retention, substitution of oth
coverage, or other solutions. 1
11. The City reserves the right at any time during the term of thm
Agreement to change the amounts and types of insurance required by giving t
Consultant ninety (90) days advance written notice of such change. If su
change results in substantial additional cost to the Consultant, the City w
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreemerm
will be deemed to have been executed immediately upon any party hereto takinMe
any steps that can be deemed to be in furtherance of or towards performance W
this Agreement. I
Last revised April 2015 EXHIBIT E
Page 4 of 6
13. Consultant acknowledges and agrees that any actual or alleg-1F-9
failure on the part of City to inform Consultant of non-compliance with a
insurance requirement in no way imposes any additional obligations on City n
does it waive any rights hereunder in this or any other regard. 1
14. Consultant will renew the required coverage annually as long am
City, or its employees or agents face an exposure from operations of any ty
pursuant to this agreement. This obligation applies whether or not the agreeme
is canceled or terminated for any reason. Termination of this obligation is n
effective until City executes a written statement to that effect. I
15. Consultant shall provide proof that policies of insurance requir-J-9
herein expiring during the term of this Agreement have been renewed or replac
with other policies providing at least the same coverage. Proof that such covera
has been ordered shall be submitted prior to expiration. A coverage binder or lett
from Consultant's insurance agent to this effect is acceptable. A certificate
insurance and/or additional insured endorsement as required in these specificatio
applicable to the renewing or new coverage must be provided to City within five
days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will n(M
limit the obligations of Consultant under this agreement. Consultant express
agrees not to use any statutory immunity defenses under such laws with respect
City, its employees, officials, and agents. I
17. Requirements of specific coverage features or limits contained
this section are not intended as limitations on coverage, limits or oth
requirements nor as a waiver of any coverage normally provided by any giv
policy. Specific reference to a given coverage feature is for purposes
clarification only as it pertains to a given issue, and is not intended by any party
insured to be limiting or all-inclusive. I
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 ant,
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Consultant agrees to be responsible for ensuring that no contram
used by any party involved in any way with the project reserves the right to char
City or Consultant for the cost of additional insurance coverage required by th
agreement. Any such provisions are to be deleted with reference to City. It is nil]
Last revised April 2015 EXHIBIT E
Page 5 of 6
the intent of City to reimburse any third party for the cost of complying with the�"-
requirements. There shall be no recourse against City for payment of premiums
other amounts with respect thereto. I
21. Consultant agrees to provide immediate notice to City of any clai
or loss against Consultant arising out of the work performed under this agreemen
City assumes no obligation or liability by such notice, but has the right (but not t
duty) to monitor the handling of any such claim or claims if they are likely
involve City. I
Last revised April 2O15 EXHIBIT
a. Indemnification for Professional Liability. "TT'hen the law establish
a professional standard of care for Consultant's Services, to the fullest exte
permitted by law, Consultant shall indemnify, protect, defend (with couns
selected by City), and hold harmless City and any and all of its officials, employee
and agents ("Indemnified Parties") from and against any and all claims, losse
liabilities of every kind, nature, and description, damages, injury (including, witho
limitation, injury to or death of an employee of Consultant or of any subcontractor
costs and expenses of any kind, whether actual, alleged or threatened, includin
without limitation, incidental and consequential damages, court costs, attorney
fees, litigation expenses, and fees of expert consultants or expert witness
incurred in connection therewith and costs of investigation, to the extent same a
cause in whole or in part by any negligent or wrongful act, error or omission
Consultant, its officers, agents, employees or subcontractors (or any entity
individual that Consultant shall bear the legal liability thereof) in the performance
professional services under this agreement. With respect to the design of publ
improvements, the Consultant shall not be liable for any injuries or property dama
resulting from the reuse of the design at a location other than that specified
Exhibit A without the written consent of the Consultant.
b. Indemnification for Other Than Professional Liabilit . Other than i
the performance of professional services and to the full extent permitted by la
Consultant shall indemnify, defend (with counsel selected by City), and hol
harmless the Indemnified Parties from and against any liability (including liability f
claims, suits, actions, arbitration proceedings, administrative proceeding
regulatory proceedings, losses, expenses or costs of any kind, whether actu
alleged or threatened, including, without limitation, incidental and consequenti
damages, court costs, attorneys' fees, litigation expenses, and fees of expe
consultants or expert witnesses) incurred in connection therewith and costs
investigation, where the same arise out of, are a consequence of, or are in any w
attributable to, in whole or in part, the performance of this Agreement
Consultant or by any individual or entity for which Consultant is legally liabl
including but not limited to officers, agents, employees, or subcontractors
F.2 Standard Indemnification Provisions. Consultant agrees to obtaiP-9
executed indemnity agreements with provisions identical to those set forth here,
this section from each and every subcontractor or any other person or enti
involved by, for, with or on behalf of Consultant in the performance of thil
Last revised April 2015 EXHIBIT
Agreement. In the event Consultant fails to obtain such indemnity obligations fro
others as required herein, Consultant agrees to be fully responsible accordi ng to tj
terms of this Exhibit. Failure of City to monitor compliance with the
requirements imposes no additional obligations on City and will in no way act as
waiver of any rights hereunder. This obligation to indemnify and defend City as s,
forth herein is binding on the successors, assigns or heirs of Consultant and sh
survive the termination of this agreement or this section. .1
a. Indemnity Provisions for Contracts Related to Constructio
Without affecting the rights of City under any provision of this agreemen
Consultant shall not be required to indemnify and hold harmless City for liabili
attributable to the active negligence of City, provided such active negligence
determined by agreement between the parties or by the findings of a court
competent jurisdiction. In instances where City is shown to have been active
negligent and where City's active negligence accounts for only a percentage of t
liability involved, the obligation of Consultant will be for that entire portion
percentage of liability not attributable to the active negligence of City. I
1 . Applicability of Section F.2(b). Notwithstanding Section F.2(
hereinabove, the following indemnification provision shall apply to Consultants w
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted bM
law, Consultant shall indemnify, defend (with counsel selected by City), and hol
harmless the Indemnified Parties from and against any and all claims, losse
liabilities of every kind, nature and description, damages, injury (including, witho
limitation, injury to or death of an employee of Consultant or of any subcontractor
costs and expenses of any kind, whether actual, alleged or threatened, includin
without limitation, court costs, attorneys' fees, litigation expenses, and fees
expert consultants or expert witnesses incurred in connection therewith and cos
of investigation, that arise out of, pertain to, or relate to, directly or indirectly, 1
whole or in part, the negligence, recklessness, or willful misconduct of Consultan
any subcontractor, anyone directly or indirectly employed by them or anyone th
they control.
3. Design Professional Defined. As used in this Section F.2(b
the term "design professional" shall be limited to licensed architects, register
professional engineers, licensed professional land surveyors and landsca
architects, all as defined under current law, and as may be amended from time
time by Civil Code § 2782.8. 1
Last revised April 2015 EXHIBIT
T---dT 4 aCP Qumrry
MEMORANDUM
® Frank. Spevacek, City Manager
FROM: ftiothy R. Jonasson, Public Works it r/CiEngineer
September 29 2015
Professional Services _Agreement withDavid z Design for Madison
Street Mi sl Landscape r Conversion rove is (Project -
. 4
Attached for your review i _ is a
_ PSA between David Volz Design and the
City of La Quintofor the services n r 'ee referenced above.
Reviews _ signatures ar iconductedelectronically viai sy
Please provide r electronic signature and adviseCity Clerk chave done
-so. The Cityr ill continue withX e i final distribution
:Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number 401.-0000-60185 (GL) and r1µ51604-D (Project Acctm )
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
_X .: R Conflict of Interest Form 700 ,Statement of Economic Interests is not required because this Consultant dries not meet
- the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
Approved by the City Council on (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
X City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement`.
X Insurance certificates as required by the agreement (approved by Risk Manager on 9117115 and initialed 9/28/2015 1
N/A Performance bonds as required by the agreement (originals)
X City of La Q:uinta Business License (copy or note number & expiration date Caere Alo: LIC 0112003 Ex�ay�t��1961