NV5/On-call Constr. Surveying 16PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corQoration, and NVS. ("Consultant"). The parties hereto agree as follows:
1.0 SERVICES CONSULTANT
the Services l r r it fully understands the facilities, i icu ti ,
and restrictions attending rf r c the Servicesr this Agreement.
Consultant discover any latent or unknown conditions mat ri i ring from those
inherent in the Services or as represented by CConsultants ll immediately inform
City of such fact and shall not proceed except at Consultant's risk until written
- instructions ar received fr r Officer (as defined in Sectionr
1.5 Standard f_ Care. Consultant_acknowledges and understands that the
Services contracted for under this Agreement require ci li ills and abilities
that,and consistent ith this understanding,Consultant's work will be held to a
heightened standardlit istent with Section. r i v, Consultant
represents to Cityit holds the necessaryills and abilities to satisfy
heightenedt rd of quality as set forth in this r . Consultant shall adopt
reasonable s during the life i r furnish continuous r t c i
to the Servicesperformed It , and the equipment, materials, papers, and
other components r to prevent losses or damages, and shalls i t for
all such damages, to persons or property, until acceptance of the Services by City,
except c losses or damages as may be caused by City'snegligence. The
performance rvic y Consultant shallrelieve Consultant robligation
-to correct any incomplete, inaccurate, r defective workt no further cost to City,
when such inaccuracies are due to the negli c sul t.
1.6 Additional rvi
Ses. In accordance- with theterms and conditions _i
Agreement, Consultant shall perform servicesin addition to_those specifiedin the
Scopervic s ("Additional Services") l it c Contract
Officer, provided that Consultant shall t be requiredto performAdditional
Services it compensation. ultant shall not performn iti t Services
untilreceiving pri it n authorization from Contract Officer, incorporating
therein any adj i (i) the Contract Sum, and/or (ii) the time r i
Agreement, which saidis are subjectwritten approval of Consultant.
It is expressly understoodConsultant visi ns of this Sectionshall
apply to the Services specifically set fort in the ScopeServices or reasonably
contemplated ther i It is specifically undert n t oral
and/or approvals of AdditionalServices shall be barredr f r 1. Failure
of Consultant to secure the Contract Officer's written authorizationfor Additional
Services shall constitute iv r of any and all right adjustment f the Contract
Sum or time to performi r r by way of compensation, restitution,
quantumri, ort like, for Additional Services provided without the appropriate
authorization the ContractOfficer. Compensation for propertyauthorized
Additional Services l in accordancei ci is Agreement.
1.7 Special Rec uir rnents. Additional terms_ n conditions of this Agreement,
if any, which arer r f are set forth in Exhibit""( "Special
Requirements"), which isincorporated i this r c expressly
hereof.part conflict between the provisionsf the Special
Last revised June 201 2
Requirements n any other provisions „of this Agreement, the provisions of the
Special Requirements shall govern.
2.0 COMPENSATION
2.1 Qontract Sum. For the Services rendered pursuan_o this Agreement,
Consultant shall be compensated in accordance with Exhibit`a" (t "Schedule o
Compensation") in a total amount up to but shall not exceed Fifty
and Zero Cents ($50,000.00) (the "Contract Sum"), except r vi e in Section 1.6.
The method of compensation set forth in the Schedule of Compensation y include
a lump sumpayment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time andmaterials based upon
Consultant's rate schedule, but not exceeding the Contract Sum, or such ter
methodsas may be specifiedin the Schedule of Compensation. Contract
shall include e attendance of Consultant at all project meetingsreasonably e e
necessary y City; Consultant shot[ not be entitled to any additional compensation r
attending ai meetings. Compensation may include reimbursement for actual an
necessary expenditures for reproduction costs, transportation expense, telephone
expense, and similar costs and expenses when and if specified in the Schedule
Compensation. Regardless of the method of compensation set forth in the Schedule
of Compensation,Consultant's overall compensation shall not exceedContract
except provided in Section1.6 oft is Agreement.
2.2 Method of Billijag. Any month in whichConsultant wishes to receive
payment, Consultant shall submit to City no later n the tot O working day of
such on , in the form approvedy City's Finance Director, an invoice for Services
rendered rior to the date of the invoice. Such invoice sll () describe in detail the
Services provided, including ime and materials, and O specify each staff member
who s provided Services and the number of hours assigned to eachsuch staff
member. Such invoice shall contain a certification by a principal member o
Consultant specifying a e payment requested is for Services performed in
accordance wit r s of thisAgreement. Subject to retention ursu t to
Section ., City will pay Consultantfor all items stated thereon ish are approved
City pursuant to this Agreement no later than thirty () days after invoices are
received by the it's Finance r
2.3 Cora' en a ion for Ad oitional Services. Additional Services r ve in
advance by the Contract Officer pursuant to Section oft is Agreement shall be
paid for in an amount agreed in writingy both City and Consultant in advance
the Additional Services being rendered by Consultant. Any compensation for
Additional Services amountingt" five percent ( Flo) or less of the Contracte
approved y the Contract Officer. Any greater amount of compensation for Additional
Services must be approvedy the La Quinta City Council. Under no circumstances
shall Consultant receive compensation for any Additional Services unless prior written
Last revised June 216 -3-
approval r _the Additional Services is obtainedfrom_ r _ Officer pursuant t
Section this r
3.0 R-ERFORMANCE
SCHEDULE
3. i _ Essence. __ Ti iessence i_ tperformance this
Agreement. If the Services not completed in accordanceit the Schedulef
Performance, t in Sectionx i it C, it is understood that the Cityill
suffer
Performance. All Services rendered r t to thisAgreement
shallr r diligently i i the timei s li in Exhibit C (the
"Schedule of Per r "). Extensions to the timei cifi in the Schedule
Performance r in writingContract fic .
3.3 Force iure`. T i ispecified _ _ iSchedulePerformance
i
for performance of the Servicesr r r t to this Agreements l
extendedcause of any delays due to unforeseeablecauses control
without the fault or negligence of Consultant, including, restricted to, acts
God r of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency other
than City,t y rweather, if Consultantshall within ten (10) days
delaycommencement of such of Contract Officer in writing
the delay. The Contractc ll ascertain the factsextent f delay, and
extend time for performing the Servicesr the periodforced delay
and if in hist her judgmentsuch delay is justified, the ContractOfficer's
is
determination ! final conclusive i is Agreement.
Extensions iperiod in the SchedulePerformance ish are determined
the Contract fic to be justifiedpursuant to this cti shall not entitle the
Consultant to additional compensation in excessthe Contract
3.4 Term. Unless earlier terminated in _accordance _ with Sections_ .8 or 8.9 of
this Agreement, the term of this r t shall commence , 2016 and
terminate, 2017 ("Initial ")® This Agreementx r
_t (additional r u t agreement by both parties("Extended Term").
4.0 COORDINATION OF WORK
Fie r s n tiv f C rtsult rtt._The following
principals of Consultant
("Principals") are hereby desi i the principals and representatives
Consultant authorized to act in its behalf with respect to the Servicesspecified r i
and make all decisions in connection therewith:
a. Carmen C. Kasner
E-mail: car s r .c
Last revised June 20164
Itis expressly understood that the experience, knowledge, capability, and reputation
of the foregoing Principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing Principals shall be responsible during the term of
this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the Services hereunder. For purposes of this Agreement, the
foregoing Principals maynot be changed by r # ! and no other personnel
be assigned to perform the Services required hereunder without the express written
approval of
4.2 Contract Officer. The "Contract Officer" shall be Timothy R. jonasson, P.E.,
Design and Development Director/City Engineer or such other person as may be
designated in writing by the City Manager of City. It shot[ be Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the Services, and Consultant shall refer any decisions, that must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority to sign all documents on behalf of City
required hereunder to carry out the terms of this Agreement.
rri r # ! ►#► � r �i ! i r M*'
r * `t # # `• ♦ *r it * r 'r' • * •• '• r / • ►`;
10
Last revised June 201 -5-
otherwise or; joint venturer r a member of
joint enterprise withs t
Consultant shall have no power to incur t, obligation,r liability on behalf of
City. Consultant shall not at any timer in any manner represent it or any of its
agents or employees are agents or employees of City.Except for the Contract
paid to Consultant as providedin this r , City shall t pay salaries, , or
other compensation to ConsuIt r performing the Serviceshereunder for City.i
shall t be liable r compensation r indemnification to ConsuIt for injury r
sickness arisingperforming the Serviceshereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, , or ordinance to the contrary,
Consultant and any of its employees, agents, and subcontractors provi i rvic s
under is Agreement shall not qualifyc itled to any compensation,
benefit, or any incident i, including bu i ited to eligibilit
enroll in the CaliforniaPublic iRetirement System (" "employee
of City and entitlementto any contribution to be paidit r employer
contributions and1 r employee contributions for PERS benefits. Consultant agrees to
pay all required x n amounts paid to Consultantunder thisAgreement, and to
indemnify ld City harmless from any and all taxes, assessments, penalties, and
interest asserted againsti reason of the independent contractor 1 ti !
created i r . Consultant shallfully comply iworkers'
compensation laws rrin t Consultant's employees.
furtherr to indemnify td City harmlessr y failure of Consultant to
comply withapplicable workers' compensation laws. City shall ve the right to offset
against the amount of any payment due to Consultantunder this r t any
amountCity from s It t as a result of Consultant's failure to promptlyy
to City any reimbursementr indemnification arisi r this Section.
4.5 Idenlity of Persons Performing Work. Consultant represents i _employs
r will employ at its _own expenseall personnel required r the satisfactory
performance f any and allthe Servicesset forth herein. Consultantr r t
e Services requiredherein il! be performedConsultant r under its direct
supervision, all personnel engaged in suchr fully qualified
shall be authorized r i t applicable c l law to perform
such tasks and services.
4.6 Gtv Can eratin. City shalt provide Consultantwith _, publications,
reports, statistics, records, r data or information periServices to be
performed hereunder which arereasonably av it ! to Consultant only
throughcti y City.
® INSURANCE
5.1 Insurance. Prior to the beginning
any Services_under this Agreement
throughout rion of the term ofi r , Consultants ll procure
maintain, at its sole cost n expense, and submit concurrently wi its execution
this Agreement, policies of insurance forth in Exhibit t "Insurance
Last revised June 2016 --
Requirements") which is incorporated herein by this reference and expressly made a
part hereof.
6.0 C I
6.1 In e niic lion. To the fullest extent permittedy law, Consultant It
indemnify, protect, defend (with counsel selects City), and holdr t s City and
any an all of its officers, employees, agents,volunteers as set forth in Exhibit
("Indemnification") which is incorporated her in by thisreference n expressly s
part hereof.
7.0 RECORDS
7.1 &Qparts, Consultant shalt periodically prepare and submit o the Contract
Officer such reports concerning Consultant's r r nce of the Services required
this Agreementthe ContractOfficer shalt require. Consultant hereby acknowledges
that City is greatlyconcerned about the cost of the Services to be performedpursuant
to this Agreement. For this_reason, Consultant agrees that if Consultantco
aware of any facts, circumstances, techniques, or events a or will materially
increase or decreaset cost of the Servicescontemplated herein or, if Consultant is
providing sin services, the cost of the project being designed, Consultant shall
promptly oiy the Contract Officer of saidfact, circumstance, technique, or event
and the estimated increased or decreased cost related thereto and, if Consultant is
providing si n services, the estimated increased r decreased cost estimate for the
project being designed.
7.2 Records. Consultant shall keep, and require any subcontractors es ,
such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including u not limited o payroll reports), studies, or other documents relating o
s disbursements charged City and the Servicesperformed run r( "Books
- and Records"), as shall be necessary to performServices required this
Agreement na l Contract Officer to evaluate the performancef such
Services. Any and all such oo s and Records shall be maintained in accordance with
generally accepted accountingri ci l and shall be complete and detailed. _ The
Contract fficer shall have full and freeaccess to such ooks and Records at a[[ times
during normal business hours of City, including e right to inspect, copy, audit, an
make records and transcripts from such s and Records. Such c r s
shall be maintainedr a periodr O years following completion oft e Services
hereunder, and City shall have access to such ooks and Records in the eventn
audit is required. n the event is luti Consultant's usi , custody
Books and Recordsa ivs City, and accessshall be providedConsultant's
successor in interest. Under California ov r n Code Section ., if the
amount of public funs expended under this Agreement exceeds Ten Thousand
Dollars ( ), this Agreement shall be subject to the examinationand audit f
Lost revised June 201 -7-
Last revised June 201 --
provided y such use not withinthe purposes intended y this ree n shot.[
be at City's sole risk.
7.5 Release f Documents. The Documents and Materials shall not be released
publicly without the prior written -a roval of the Contract Officer or as required y
law. Consultant shall not disclose to any other entity or person any information
regarding the activities of City, except s required law or as authorizedCity.
8.0 ENFORCEMENT T:
8.1 California Lave. This Agreement shall be interpreted, construed, on
governed bothto validity and to performance of the parties in accordance withthe
laws of the State of California. Legal actions concerning any dispute, claim, r matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court
of e County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit tote personal jurisdiction o
such court in the eventsuch action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured partyshall notify the injuring r in writing of its contentions by submitting a
claim ereor . The injured partyall continue performing its obligations er un er
so long s the injuring r nces to cure such l i i () days o
service of such noticeand completes the cure of such default withinforty-five ()
days after service of the notice, or such longer period as may be permittedthe
Contract Officer; provided that if the defaultis an immediate an r to the health,
safety, or general welfare, City may take such immediate ci as City -deems
warranted. o li nce with the provisions of this Section shall be _a condition
precedento termination of this Agreement for cause and to any legal action, and
such compliance sl not be a waiver of any party's right take legal action in the
event that the disputeis not cured, providednothing herein shall limit City's right
to terminate this Agreement without cause rsuan o Section 8.8. Duringe period
of time that Consultant is in default, City shall hold a[[ invoices shall, when the
default is cured, proceedi a en on the invoices. n the alternative, City may, in
its sole discretion, elect some or all of the outstanding invoices during
period of default.
8.3 Retention of Funds. City may withhold from nmonies payable"to
Consultant sufficienfuns to compensate iy for any losses, costs, liabilities, or
damages it reasonably believe r suffered by City due to the default of Consultant
in the performance of the Services required this Agreement.
.4 Waiver. No delay or omission in the exercise of any right r remedy of a
non -defaulting party on any defaultshall impair such right r remedy or be construed
as a waiver. i'_consent r approval of any act by Consultant requiring it's
consent or approval shall not be deemed to waive or render unnecessary Ci'
Last revised June 201 --
consent t_ r approval of any subsequent act of Consultant. Any waiver by either
partyf any default must be in writingshall not be a waiverIt
concerning the same or any other provision of this Agreement.
Except with respect-t rights and
remedies x r sl declared cl siv in this t, the rights and
remedies the parties are cumulativethe exercisei t r more
of such rights or remedies shall not precludeexercise it, at the same or
different i s➢ of any other rights or remedies for the some default or any other
defaultthe other party.
8.6 Lggal Action. In addition to any other rights or remedies, either party
take legal action,at law r at equity,to cure, correct, orr lt, to
recover r any default, to compel specific performance of this,
obtainto ct r r 0r injunctive relief, i other remedy consistent it
the purposes i Agreement.
_.7 Since the r i ti _ f actual damages for any
delayin performanceis Agreement would be extremelyi is It or impractical t
determine in the event of a breachis Agreement,Consultant l be liable r
and shall pay to CityT HUNDRED AND FIFTY dollars( ) as
liquidated t each workingin the performancethe
Services required , as specified in the SchedulePerformance. ii n,
liquidated damages may be ass r failure to comply i emergency call
out requirements, if any, described in the Scopef Services. _ City i from
payableany moneys cc Services rmed by Consultant any accrued
liquidated
8.8 Termination Prior To Cx it tin Of is Section shall _govern any
termination of is Agreement, except as specificallyprovided in the following
Section 8.9 for termination forcause. Ci reserves the i t to terminatei
Agreementy time, with or withoutcause, upon thirty O s' written notice
Consultant. Upon receipt tic f termination, Consultantshalt i itt
cease all Services hereunder except such as may be specificallyapproved
Contractc r. Consultant shall i t to compensation r all Services
rendered ri receipt the noticef termination and for any Services authorized
by the Contract Officer thereafter in accordanceith the'Schedule of Compensation0r
such y be approvedContract Officer,except s provided in Section
8.9 Termination for Default of Consultant._ f termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance
,withvisiSection , take overis c the same to
completion by contract or otherwise, and Consultant l be liablethe extentthat
the totalcost completion of the Services required hereunder exceeds the
compensation r i stipulated (provided it reasonable efforts to
Lost revised June 2016 -1-
mitigate such a a es), and City may withhold any payments to Consultantfor the
purpose of setoff or partial paymentamounts owed City previously stated i
Section ..
8.10 Attornevs' Fees. If either party tot is Agreement is required o initiate or
defend or made a party to any actionr proceeding in any way connectedwith this
Agreement, the prevailingarty in such action or proceeding, in additiono any other
relief is a granted, whether legal or equitable, shall be entitledt
reasonable attorneys' fees; provided, however,att attorneys' fees awarded
pursuant tot is Section shall not exceed the hourly rate paidy City for legal services
multiplied y the reasonable number of hours spentthe prevailingr in the
conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal,
and in addition a partyit o attorneys' fees shall be entitledo all other
reasonable costs for investigating such action, taking iions and discovery, and
all other necessary costs the court allows whichr incurred in such litigation. All
such fees shall be deemed to have accruedn commencement of such action n
shall be enforceable whether or not such action is prosecuted to judgment. The court
may set such fees in the sameaction or in a separate action brought for that purpose.
®_ CITY OFFICERS AND E M PLOYEESJNQNfSCRTKATKi ATT N.
.1 Non-liabilitv of Citv Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of Cityall be personallyliable to Consultant, or
any successor in interest, in the event or any default or breach by City or for any
amount is become due to Consultant or to its successor, or for breach of any
obligation of the terms of this Agreement.
.2 Conflict Interest._ Consultant covenants that neither i, nor anyofficer or
principal o i, has or_shall acquire any interest, directly or indirectly, which would
conflict in anymanner with the interests of City or which wouldin anya in r
Consultant's performance of the Services under this Agreement. Consultant further
covenants that in the performance of this r en, no person having anyc
interest shall be employedit as an officer, employee, agent, or subcontractor
without the express riten consent of the Contract Officer. Consultant agreesto a
all times avoid conflicts interest or the appearanceof any conflicts interest i
e 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 participatein any
decision relating to this Agreement whicheffects i financial interest or the financial
interest f any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any Statestatute or regulation. Consultant
warrants that it has not paid or given and will not pay or give anyit rany
moneyr other consideration for obtaining this Agreement.
Last revised June 2016
Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through ,
therethat shall be no discriminationagainst r segregation of, any personr group of
persons on account of any impermissible classification including, t not limited t,
race, color, creed, religion, x, marital status, sexual i i , national origin, or
ancestry in the performancef this Agreement. Consultant shall take affirmative
action to insure t applicants are employedt employees aretreated during
employment without regard their race, color, creed, religion, sex, maritalsts,
sexual ri i, national origin, or ancestry.
10.0 MISCELLANEOUS
10.1 Notice. n_ notice, demand, request, consent, approval,_ r communication
either party desires or is required iv other party or any other person shall
in writingeither served ll r sent by prepaid, first-class mail to the
address t forth below. Eitherr its address by notifyingr
party change of addressin writing. Noticeshall be deemed communicated
forty-eight the time mailing if mailed as providedin this ci
To City:ns ltt:
CITY OF LA QUINTA
Attention: cAttn:_Carmen C. Kasner
City Manager Principal In Charge
78-495 CalleTampico 42- 2 tr , Suite
La Quinta, California 92253 PalmDesert, Ca. 92211
.2 Djff r t ti n: _ terms _ f isAgreement_ shall r i
cc , with the meaninglanguage used and shall not be construed r or
against i t party by reason of the authorshipthis r any other rule of
construction ish might otherwise
10.3 Section Hegdin s and.SubheadincLs. The section i _ subheadings
contained in this r included for convenience onl shall not limit or
otherwise c the terms of thist.
10.4 CounteracyLs. This Agreement executed_ in counterparts, each_ _ f
which shall be deemed to be an original, and such counterparts shall constitute
and the same instrument
10.5Intrtd rrrrlt. This Agreement including the ex i its hereto is the
entire, complete, and exclusiveexpression the understandingparties. It i
understoodthat there areoral agreements between the partiest f ctin
this r this r supersedes cancels vi us
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
Last revised June 201 1-
. Amendment. __No amendment or modification _of this Agreements all be
valid unless made in writing and approvedy Consultant and by the City Council of
City. The parties agree that this requirement for written modifications cannot
waived n that any attempted waiver shall a void.
10.7 Severabilily. 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 ot unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of
is Agreement whichare hereby declared as severable n shall be interpreted
carry out the intent of the parties hereunder unless the invalid rovisio is so material
that its invalidity de riv either party of the basic benefit of their bargain or renders
is Agreement meaningless.
10.8 Unfair Business Practices Claims. In enteringinto thisra n ,
Consultant offers and agrees ssi n to City all rights, title, and interest in and to all
causes of action it may haveunder Section the Clayton Act (5 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing i Section ) of Part 2 o
Division 7 of the Business and Professions Code), arising frompurchases of goods,
services, or materials related tot is Agreement. This assignment all be made and
become effective t the time City renders final payment to Consultant withoutfurther
acknowledgment of ta parties.
1.9 No Third dart _ eneficiories.With the exception of the specific provisions
set forth in this Agreement, tare are no intended third -party e efici ri under this
Agreement n o such other third parties shall have any rights or obligations
hereunder.
10.10 ithorit_The persons executing is Agreement on behalf of each
parties hereto represent and warrantt (i) such arty is duly organized and existing,
(ii) they are my authorized o execute and deliver this Agreement on behalf of said
arty, (iii) by so executingis Agreement, such arty is formally un
provisions of this Agreement, an (iv) that entering into this Agreement does not
violate anyprovision of anyr Agreement to which said party is bound. This
Agreement ll be binding upon the heirs, executors, administrators, successors, and
assigns of the parties.
[SIGNATURES _ FOLLOWING
Last revised June 201 -13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
[4 a V901 a RXIOM
a California municipal corporation
Digitally signed by Frank J. Spevacek
DN:
serialNurnber=g8z17znOv5Ow4d3x,
c=US, st=California, I=La Quinta,
o=Frank J. Spevacek, cn=Frank J.
Spevacek
Date: 2016.08.03 10:55:56 -07'00'
FRANK J. SPEVACEK, City Manager
14101&'9141 "1
Title:
Dated: '2-01 ta
ATTEST:
Digitally signed by Susan Maysels
DN: serialNumber=j4r7lflg1 ppsr45f, c=US, st=California,
I=La Quinta, o=Susan Maysels, cn=Susan Maysels
Date: 2016.08.03 17:13:24 -07'00'
SUSAN MAYSELS, City Clerk
La Quinta, California
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Last revised June 2016 -14-
Exhibit
Scopeof Services
calledWhen upon directed i_ _ writing y the City, the_ Consultant will provide
services and productsrendered in performingl r associated i
is agreement may include, t are not limited rovi i O set o
construction t s for each of the following items as detailed:
Survey ill be sufficiently marked and will be preserved
and protected, monuments protectedr replaced as
Clearing/Removals - one set_of reference stakes ormarks at _200 foot
intervals on tangent in foot curves will be set along
the limits of the construction r r Right -of -Way for clearing
purposes.
GradeRough (A) _One set of _ gridstakes_50 t intervals.
ill indicate cut or fill to finish rad as shown on approved
mass grading plan. O One set of stakes intervals n l
angleits with appropriatecut rfill. () P rovide oneo
offset stakes for _ sidewalks at 25 foot_ intervals, grade breaks
and anglepoints with cut or fill to finishsurface.
Finish Grade'-O Provide one set of stakes to delineate at 25 foot
intervals and all angle pointsit r ri cut or fill. O Provide
one set of offset_ for sidewalk at 25 foot intervals,
grader s and angleis with gradesfinish urac .)
Provide one Bluer building pad. Stake to be set at pad grade.
() Pad Certificationsprior to construction of improvements,
provide inspection services c s provide certification
grades shown on the approvedgrading t n,
Retaining/Garden Provide _ n set of offset, line grade
stakes for wall constructionset _ 50 foot intervals with
appropriate cut or fill to top of footing.
Bridge_ ures - Provide oset of stakesfor foundation layout
and deck grades.
Entrance Structures - Provide one set of stakes with appropriatecut
r fill for the construction of entrance structures.
Building i Provide _ne set ofstakes at an offset o
'' tote building corners, one state r corner i r e
tot e finish pa
Last revised June 2016 EXH I _ IT
Page 1 of 1
Water, Sewer, Storm Drain, or IrrigationLines _ -_ Provide _ set of
offsetstakes - t intervals i r s to finishsurface.
DrainageProvide one set of stakes t a 5 footoffset t
centerline ith grades to top of _ grate.
Locations0 Tree _- Provide one stake t centerline _of each tree
location.
0 Project Administration - The Surveyor of Work shall be
available i the length of the projectto address any questions or
concerns which may arise. Three sets of Grade Sheets shall be
prepared submitted to the Cityi it in 48 hours of
receipt "Staking Request" for the said
Office_ Calculations__ - Calculations as necessary to providethe _ field
surveycrews with data as needed for staking and supervision s
required.
Prevailing - In_ -accordance wi cti 7 _ f the
_ Labor Code, the City
has
ascertained sc r i s hereby specifyprevailing rates shall be those
provided in Article 1110-20.0,. The said rates shall include l r
payments that are required c ion 1773.1 of the Labor Code. The City will furnish
to the Contractor, upon request, a copy of such prevailingrates. It shall be the duty of
the Contractor to postcopy of suchprevailing "at the job site.
Exhibit
Schedule of Compensation
With theexception compensation for Additional Services, provided for i
Section i r t, the maximuml compensation to be paid
Consultant under this Agreementi tl amount up to, buts lexceed Fifty
Thousand Dollars and Zero Cents ("Contract "). The Contracti
to Consultant in installment payments made on a monthlyis and in an amount
identified in Consultant's schedule of compensation attachereto for the work
tasks performed r invoiced Consultant in conformance wit ci .
f this
Lost revised June 2016 EXHIBIT
Page 1of 1
The following is a summaryprovide the servicesoutlined in the
Requestr
Proposal) for Construction SurveyingServices
and will be
used as
the basis for negotiating a ProfessionalServices re
)e
TASK
DESCRIPTION HOURLY RATE
I
SURVEY CONTROL STAKING
5225.00
2
CLEARING AND REMOVALS
225.00
3
ROUGH GRADE
225.00
4
FINISH GRADE
225.00
5
RETAINING/GARDEN L
225M
6
BRIDGE STRUCTURES
$22100
$225.00
BUILDING225.00
WATER,I L
$225.00
10
DRAINAGE BOXES
$22100
LOCATIONS11 TREE
$225M
12
MISCELLANEOUS
225.00
MONUMENT13 RESTORATION
$225.00
ADMINISTRATION14 PROJECT
$160.00
15
OFFICE CALCULATIONS AND SUPERVISION
130M
W A
Prime Consultant:
N
V 5
06/09/2016
Date Signed:,
NVS
Construction Surveying Services
City of La Quinta
2016-2017 Rate Schedule
fflpm
Engineering Aide/Planning Aide, S55.00/hour
Project Assistant ... . ..... ....... $70,00/hour
Project $85.00/hour
CARD Techitician 1. ... ...... $90.00/hour
CADD Technician 11 _ ....... ..... .......... ......... ........ __ ...... ...... ........ ... ....... $1 10,0o/hour
CADDTechnician III,. — ... ...... $115,00/hour
Senior CADD technician/Designer.......S120,00/hour
Design Supervisor ... ....... ........... 1130.00/hour
Professional
Junior F.ngineor/Planner/Stuveyor ...... - - ------ __ ...... ...... ...... _ ...... $75,00/hour
Assistant Engineer/Planncr/Survcyor. ... ........... S100.00/hour
Associate Engine er/Planucr/Surveyor ... $11 5.00/hour
Senior Engineer/Planner/Surveyor. ...... $130.00/110ur
Manager_ ..... ....... $165,00/hour
StructuralFngincer....................................................................................................................... $150.00/hour
Associate . ....... $165.00/hour
Principal....._ .. ...... ....... ........ ___ .... .......... $210.00/hour
Field:
Prevailing Wages
Surveying
I -Person Survey Crew._. ...... ....... .... .. ........ ......... ... ........ — $140,00/hOLIr
2-Person Survey Crew ...... ........... ..... — ........ ... __ ....... ........... $225,00/hout
0 Non -tam cling Wages
Surveying
1-Person Survey Crew..,. ...... ......... __ ........... ........ ...... ........... $120.00/hour
2-Person Survey Ctcw_ ...... ......... . ...... ............ ........ $175.00/hour
Survey ....... ....... $160.00/hour
E=
Plotting and In-house Reprod=Li011.... .... I . Is x Cost
Subsistence ...... ...... _A �1 5 x Cost
Other Expenses - IncluclingSubconsultants & Pri-rch'ased Services through Subcontricts...1.15 x Cost
Mileage - Outside local area ... ___ ....... _ ...... Per accepted IRS rate
Rates are effective through June 30, 2017 If contract assignment extends beyond that date, a new rate:
schedule will be added to the contract, Rates based on "Prevailing Wage" for Construction Ninnigernent
and Surveying will be detem-Lined by Project and County per California law,
Exhibit
Schedulerf r n
Consultant shall r i services for _ initial r _of twelve
("Initial Term"), and upon mutual agreement by both parties,t r this
agreementx r up t additional r terms ("Extended
Term").
Services shall be rendered from July 20, 2016 through June 30, 2017 and as indicated
in work ordersissued when calledr vi ._
Last revised June 2016 EXHIBIT
Page 1 of 1
Exhibit
Insurance it is
EA Insurance. Prior to_the beginning_ f and throughoutthe durationi
Agreement, the following licishall be maintainedt in full force c
providing insurance wit i i limits indicated issued by insurers
with A.M. Best ratings less t
Commercial General Liability t least as broad)
r occurrence)
2,(general
CommercialAuto _ Liability t least s broad __ ISO CA 0001)
(per accident)
Errors and _Omissions Liability
1, , (per claim r )
Workers' n_ i
on
(per statutory requir
Consultant shall procure and maintain,
at its cost, and submit concurrently
with its execution of this r n, Commercial General Liability insurance i t
all claims for injuries agai s r damages to propertyresulting
Consultant's cs or omissions rising t of or related to Consultant's performance
under is Agreement. The insurance licy shalt contain a sey r ili interest
clause r vi i that t coverage shall be primaryr losses risi f
Consultant's r r c r u r and neither City nor its insurers shall be required
to contribute to an such loss. A certificate evi ci the foregoingi it
and its officers and employees as additional insured the Commercial General
Liability licy only) shall be deliveredapproved iprior
commencement the serviceshereunder.
Consultant shall ci _liability insurc$1,000,000 per
accident i claims injuries against personsr damages to propertyarising
out of the usen ite by Consultant, its officers, any person directly
indirectly tConsultant, any subcontractor or agent, or anyone for whose
acts any of them may be liable, risi directly r indirectly out of or related
Consultant's performance under thisAgreement. If t o rConsultant's
employees will use in any way on thisproject, Consultants 1provide
evidence of person1 auto liability coverage for eachc term
"automobile" includes, is not limited , a land motorvehicle, trailer r semi -trailer
designedtravel on public roads. The automobileinsurance polis contain
severability of interest clause r v i i that coverage shall r i for losses
Last revisedApril 201
Page 1 of
arising out f Consultant'performance r r and neither _City r its insurers
shall be required contribute to such
Professional Liability r Errors and Omissions Insurance as appropriate shall
be written is r coverage ci c lldesigned to protect against acts,
errors ii f the consultant n "Covered si l Services" as
designatedin the policyci is lly include r performed r this
agreement.lic limit sl less than $1,000,000r claim in the
aggregate.is "pay on if ' the insured u include
provision s i i the insurer's t0 defend. The policyretroactive dai shall be
on r before the effectivef this r
Consultant shall carry r s' Compensation Insurancein accordance
with State Worker's Compensation laws with employer's liability limits no less than
r accident or disease.
Consultantshall provide writtentic_ it _ within t() working days
if. (1) any of the requiredinsurance polici is terminated; (2) i its of any of the
required polices r c; Or () the deductibleOr self -insured retention i
increased. In the eventof said licis of insurance r cancelled, I t
shall, prior to the cancellation t, submit new evidenceinsurance in conformance
with this x i i the ContractOfficer. The procuringc insurance or the
delivery lici certificates vi cin same shall construed s
limitation of ConsuIt is obligation to indemnify City, its officers, employees,
contractors, u c tr c s, or agents.
.2 Remedies. In addition_ any other remedies City may have_ if Consultant
fails to provider maintain any insurance polici r policy endorsements to the
extent within i herein required, i its sole option:
Obtaina. such insurance and dedu_and retain the
premiums r such insurance fr under ti r
b. Order Consultant to stopr r this Agreement and/or withhold
any (s) which becometo Consultanthereunder until Consultant
demonstrates compliance wit the requirements r f4C Terminate this Agreement.
Exercise _ of the above remedies, r, is an _ alternative
other remedies City may have.T y remedies texclusive is for
Consultant's iture to maintain or secure appropriatepolicies or
Nothingr i contained shall be construed limiting in any way the extent to
which Consultantl responsible for paymen s to persons or
Last revised June 2016 EXHIBIT
property resulting r Consultant's or its subcontractors''performance f work under
this Agreement.
General iti its Pertainina to Provisions of Insurance Coveragg by
Consultant. Consultant n i following i respect t insurance
provided Consultant:
1. Consultant _ its insurer endorse the thirdparty_ general
liability coverage requit r i include s additional insureds City, its officials,
employees,t, using standardendorsement No. CG 2010 withedition
prior to 1992. Consultant is r s to require tr ct rs, and subcontractors
do likewise.
liability insurance _coverage_ provided t__comply with this
Agreementshall prohibit Consultant,Consultant's l , or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against Cityregardless the applicabilityinsurance
proceeds, require ll contractors and subcontractors to do likewise.
3. All insurance coverage and li its provided by _ _ Consultant ___
available r applicable to thisr intended to applyl[ extent
the policies. Nothing contained in thisr any other agreement relatingt
City or its operations limits the applicationc insurance coverage.
. None _ the coveragesrequired h_ r i will be in compliance it
theseuir is if they include y limiting endorsement of anyin t has not
been first submitted it r v in writing.
liability i shall contain_ any _ provision r definition that would
serve to eliminateso-called "third ci over" claims, including any exclusi
r bodily injury to an employee of the insured contractor subcontractor.
. Alt coverage types and limits required r _ subject to apprv 1,
modification and additional requirements by the Cit , as the need arises.Consultant
shalt not make anyreductions in scope f coverage (e.g. eli i i f contractual
liability ction of discovery peri t may affectCity' ciwithout
City'City's prior written consent.
7. Proof compliance wit_h these insurance requirements, consisting f
certificates of insurance evi ci ll of the coveragesit i i l
insured endorsement to Consultant's general liabilitypolicy, shall be deliveredit
at r prior to the executioni nt. In the event such
insurance is not delivered as required, r in the event such insurance iscanceled t
any time and no replacement coverage is provided, City has the right, t not the
duty, to obtaininsurance it deems necessary to protectits interests r this or
Last revised June 2016 EXHIBIT
Page 3 of 5
other agreementnd to pay the premium. Any _premium paid by Cityl
any
be
charged to and promptlyi nsul or deducted fromn It t,
at City option.
is acknowledgedby the parties i agreement that
_ all insurance
coveragerequired r vi Consultant r any subcontractor, is intended
apply first and on a primary, non-contributing basi in relation o any other insurance
r self-insurance av it i
. Consultant r r subcontractors, r party
involved wit the projectis brought onto or involved in the project by Consultant,
provide same minimuminsurance coverage required Consultant. Consultant
agreeso monitor and review ll such coverage l responsibility
ensuring suchcoverage is provided in conformity wit requirements is
section. Consultant agrees that upon request, all agreements with subcontractors
othersand in the projectill be submittedo City for review.
. Consultant agrees not to self-insurr to use any self -insured
retentions or deductibles on any portionf the insurance required herein i the
exception of professional liability coverage, if required) and further agrees that it will
t allow any contractor, subcontractor, rc i c, Engineer or other entity or person
in anyinvolved in the performancef work on the projectc It i
agreement o self -insure its obligations to City. If Consultant's existing coverage
includes ucti l r self -insured retention, ucti l r self -insured retention
must be declaredthe City.t that timei l review tiwith the
Consultant, which may include reduction or elimination of the deductibler self -
insured retention, substitution t r coverage, r other solutions.
. The City reserves the right at any_ti ring the term of this
Agreemento change the amounts and types -of insurance required ivi the
Itninety O days advance writtentic c change. If such change
results in _substantial additional cost to the Consultant, the City will negotiate
additional compensation r rti the increased t to City.
-_2. _r purposes_ f applying insurance coverage only, this_Agreement will
be deemed to have been executedimmediately upon anyr rtaking any
steps that can be deemed to be in furtherancer towards r r nc f this
Agreement.
3. Consultant acknowledges and agreesactual or alleged
failure on the partf City to inform Consultant of non-c i s i insurance
requirement in no way imposes any additional obligations on Citynor does it waive
any rights hereunderin this or any otherregard.
Last revised June 2016 EXHIBIT
Page 4 of
. Consultant will renew the required coverage annl _ s long as City,
r its employees or agents face x from operationst to
is agreement. Thisobligation li whether or not the agreement is canceled r
terminated for any reason. Terminationis obligation is not effective untilit
acts a writtenstatement t effect.
15. Consultant shall _ provide_ proof policies_of insurance required
hereinxiriduring the termof this Agreement havebeen renewed r replaced
with otherpolicies providing t least the same coverage. Proof that suchcoverage
s been orderedl i prior to expiration.coverage binder or letter
from Consultant's insurance agent to this c is acceptable.certificate
insurance and/or additional insured r required in thesespecifications
applicable i r new coverage u r vided to City within'v O
days oft xirti coverages.
16. The provisions of any workers' compensation _ r similar actill not
limit the obligationsConsultant under this agreement. Consultant expresslyagrees
t to use any statutoryimmunity f s such i respect to Cits
employees, ici 1 , and agents.
17. Requirements of specific coverage
_, features or limits contained in this
section r t intended as limitations on coverage, limits or other requirements r
s a waivercoverage normally provided y given policy. Specific reference
to a given coverage is for purposes of clarification onl it pertains to a given
issue, is notintended by any party or insured limiting r all-inclusive.
18. These insurance requirements are intended to be separate
distinct from any other provision in this Agreementr intended ri
here to be interpreted such.
19. The requirements in this _Exhibit sup_r other sections and
provisions this r extent that any other section or provisionconflicts
with or impairs the provisions of thisx i i.
20. Consultantr to be responsible r ensuring that
_ contract used
y any party involved in any way withthe projects v s the right to charge Cityr
Consultant r the cost of additionalinsurance coverage required iagreement.
Any such provisionsr to be deleted withreference i. It is not the intent of City
to reimburse third rt for the cost of complying i these requirements. There
shall be no recoursei it r payment of premiumsr other amounts with
respect thereto.
1. Consultant agrees _ t provide immediate ise to City of any claim r
loss against Consultant arisingr rfr under this agreement. City
assumesno obligationr liability by such notice, but has the right t the duty) to
monitoring of any such claim Or claims if they are likely involve Cit
Lost revised June 2016 EXHIBIT
Page 5 of
Exhibit F
Indemnification
F.1 Qeneral_n _ i ic_ ion Provisi
a. Indemnification fr Professional Linuilit' .When the law establishes
professional n r of care forConsultant's Services, to the fullest xpermitted
by l, Consultant indemnify, protect, defend (with counsel ct i, and
hold harmlessCity and any andall of its officials, employees, and agents
("Indemnified Par i ") from and againstall claims, losses, liabilities of ev ry
kind, nature, and description, damages, injury (including, without limitation, injury t
r death of an employeeConsultant r of any subcontractor), costs and expenses of
any kind, whether actual, alleged or threatened, including, without limitation,
incidental consequential a s, court costs, s, litigation
expenses, and fees of expert consultants r expert witnesses incurred in connection
therewith an costs of investigation, to the extentsame arecause in wholer in part
by any negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subcontractors (r any entity or individual that n u n shall bear the
legal liability thereof)in the performancef professional services under this
agreement. With respect to the design of public improvements, the Consultantshall
not be liable for any injuries r property damage resulting from reuse i n
at a location other than that specified in Exhibitwithout the writtenconsent of the
Consultant.
. Indemnification, for Other Than Professional Lia llit . Other than i
the performanceof professional services andto the full extent permitted1,
Consultant shall indemnify, defend( i counsel selected byCity), and holdharmless
e Indemnified Partiesfrom inst any liability (including liability for claims,
suits, actions,proceedings, administrative proceedings, regulatory
proceedings, losses, x s or costs of any kind, whether actual, alleged or
threatened, including, without- limitation, incidental and consequential ,
- court costs, attorneys' fees, litigation expenses, and fees of expert consultants r
expert i ss ) incurred in connection therewith and costs investigation, r
the same arise , are a consequence o, or are in any way attributable, in whole
or in part, the performancef this Agreement by Consultant or by any individual r
entity for which Consultant is legally liable, including u t limited to officers,
agents, employees, or subcontractors of Consultant.
F.2 Standard__ Provisions. Consultant agr s to obtain executed..
indemnity r is with provisions identical those set forth r in this section
from c v ry subcontractor or any other person or entity involved by, for, with
r on behalf of Consultantin the performanceis Agreement. In the event
Consultant its to obtainc indemnity obligations from others as required r in,
Consultant agrees to be fully responsible acc r i the termsoft is Exhibit. Failure
of City to monitor compliance wi these requirements imposes no additional
Last revised April 2015 EXHIBIT F
Page 1 of
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation indemnify and defendit s set forth r i is binding
successors, assigns or heirs of Consultanti survive the terminationf this
agreement r this ci
a. Without
affectingthe rights of Cityr any provisioni r Consultant shot[ not
be required indemnify [d harmless Cityr liability tri the active
negligence oCity, provided suchactive negligence is determinedagreement
between the partiesfindings court competent jurisdiction. In
instances r i is shown to haveactively negligent i' civ
negligence accounts for only a percentagef the liabilityinvolved, the obligation
Consultant ill be for that entireportion percentage f liability not attributable
the activenegligence f City.
Lest revised June 2016.EXHIBIT
Page 2 o
DATE (MMIDD YY)
CERTIFICATE OF LIABILITY INSURANCE 4/29/2016
THIS CERTIFICATE IS ISSUED AS A MATTERINFORMATION _ ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, XTENU OR ALTERTHE COVERAGE AFFORDED THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I SU E (S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) roust be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lien of such endorse ent(s).
PRODUCER --. _---. - NOW� C,i'. Cert7 f icate Department
u
------------
Cavignac P Associates
PI3CaNC PAY 619 234 BEOF
450 B Street, Suite 1800
S9 234 64Ei �APC, ,gsl.
E1AIL
Sari Diego, CA 92101-8005 ADDRESS cert i o ratesrm avt s7 xC Co
License No. OA99520 INSURER(S),AFF®RDiNGCOVERAOE._... NAIC#
INSURED-INAIIRERR .,PT J
NA'S Holdings, Inc,; NV5, Inc, (formerly Vertical V INSURERC: TRAVELERS PROP CAS CO OF AMER 25674
Southeast, Inc,) _ .. ...
200 South. Park Road, SuI'te #350 INSURER® BERKLEY INS CO � 32603
Hollywood, FL 33021 United :Mate: INSURER E:
INSURER: F a
COVERAGES _ CERTIFICATE U :2e3307 REVISION NUMBER:371474
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.__..a:.,..
ILne TYPE OF INSURANCE .Fu L�SU R NMIDDIYYY MID01 tar
LTR '- POLICY NUMBER ° AAYdtRD(YYYY R6PdIDr} t LIMITS
3 GENERAL LIABILITY : 6B03920TO44 1.5/1/2016 5/1/2017 EACH OCCURRENCE 5 .. 1,00.0,000
I. ! � DAvateiGL €`c'7 RLGVfEU . ,
X COMMERCIAL GENERAL LIABILITY I RENiIS$ iE ;aAtttrr n. $ 1 , 000, 000
t �
CLAIMS -MADE X OCCUR ( NED EXP(Any one person) IS 10,000
X Croos Ixatalleu of Int.. i X X. .... PERSONAL& ADS INJURY 5 1,000,000
GENERAL AGGREGATE
2,000,000
GEN{'LAGGREGATEPROTAPPLIESPER:, ) �PROOI.RCT"-Gi7h1iP1C'?F'AGC' `b 2,000,000
�I POLICY A I j LOC f � gLDedaxc'k_ib1.0 $ p
AUTOMOBILE LIABILITY I � i CGIN1SINEDI SINGLF LBAIT'.
A ASi791467.442026 C/l.tz31.6 I I ,,AO f;
X_.:. ANY AUTO �. BODILY INJURY (Per person) $
i ALL OWNED I. SCHEDULED ( I ...
..,,'.AUTOS :AUTOS
X X. C BODILY INJURY {Per accident) s
PROPV1CY O4tYACL
NON-OWNED5
HIRED AUTOS �._ ._'.AUTOS 7. I {Pr_A z���tTlasaatt)_._.-. { I I$
3 UMBRELLA LIAR OCCUR i EACH OCCURRENCE [$
I EXCESS LIAR I t"LAIMS MFaDF 1 ( AGuRt-DATE ,
1 DED ( RETENT7QW - .... S
WORKERS COMPENSATION - --. R STATU-
c e�s'rszs c;11,'zn76 ,ltd. :17 ?�.JTQRYf,t1ViTS1
AND EMPLOYERS' LIABILITY .
3 ANY PROPRIETOR/PARTNER/EXECUTIVE YNf ( i E,L. EACH ACCIDENT 1-5 1.,000 000
OFFICEIVMEMBER EXCLUDED? .] N 1 A ;{.. --
DESCRIPTION. OF OPERATIONS below >:.- �CL,DISEASE POLICY LIMIT ,F 1.,:CJ0.0,000
(Mandatory
andata In NIT E I , DISEASE - EA EMPLOYE S 1 00
If yes, describe under —'
0 OCO :.
D I,Pyafessional Livability -. 'a7EC901.076300 :',/1/2016 15/1/2017 Re.Claim $5,000,000
g l r
Aggreg $10, 000, 000
r t I [ I
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORN 101, Additional Remarks Schedule, ifmorespace Is requiredl
'Ree City of l,a Quinta. - On Call Construction Surveying Services, Additional Insu.re:d coverage applies to General. and
Automobile Liability for City of La Quinta, its officials, employees, and agents per policy form, Primary coverage
applies to General and. Autoraobi.le Liability per policy Errm, Waiver of subrogation applies to General and Automobile
Liability and Workers Compensation per policy form, Prof. Liab. - Clairns made, defense costs included within limit;
Pollution Liability is included -in policy form #AD10510002, Cavignac & Associates will. Provide 30 days notice of
cancellation to the Certificate Holder in the event of policy cancellation.
CERTIFICATE HOLDER CANCELLATION
City of La Qui.nt.a
7 8-4 95 Ca1.1-e Tampico SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
La Quinta, CA. 92253 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
United States ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE. M
jeffrey W. Cavignac
l..
CJ 1988-2010 ACORD CORPORATION. Ali rights reserved.
C ( 1 / 5) The ACCRD name and logo are registered marks of ACORN
EXIGIS - CAVIGNAC & ASSOCIATES 371474 Page 2 of 11
msmm��=illil
COMMERCIAL AUTO
CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.
COVERAGEINDEX
SUBJECT PROVISION NUMBER
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
3
ACCIDENTAL AIRBAG DEPLOYMENT
12
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
19
AMENDED FELLOW EMPLOYEE EXCLUSION
5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
13
BROAD FORM INSURED
1
BODILY INJURY REDEFINED
22
EMPLOYEES AS INSUREDS (including employee hired auto)
2
EXTENDED CANCELLATION CONDITION
23
EXTRA EXPENSE ® BROADENED COVERAGE
10
GLASS REPAIR — WAIVER OF DEDUCTIBLE
15
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use)
6
HIRED AUTO COVERAGE TERRITORY
20
LOAN / LEASE GAP
14
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
16
PERSONAL EFFECTS COVERAGE
11
PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
8
RENTAL REIMBURSEMENT
9
SUPPLEMENTARY PAYMENTS
4
TOWING AND LABOR
7
TWO OR MORE DEDUCTIBLES
17
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
is
WAIVER OFT NSFE OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
20
SECTION 11 — LIABILITY COVERAGE is amended as follows:
1. BROAD FORM INSURED
SECTION 11 ® LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended
to include the
following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the
policy period. However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an insured under any other automobile policy; or
(3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically
in excess of
this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you
own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days
from the date of acquisition or formation. However, coverage under this provision does
not apply:
(1) If there is similar insurance or a self -insured retention plan available to that
organization;
@ 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance ServIces Office, Inc., with its permission.
Page 1 of 7
- --- ------ ------ , ----- ---------- -- - ------------------------- --
Page 3 of I I
Policy No. Ai7Z91462442026
O If the Limits of Insurance of any other insurance policy have been exhausted; or
O To "bodily injury," or "property damage" that occurred before you acquired or formed the
organization.
20_ EMPLOYEES AS INSUREDS
SECTION II ® LIABILITY COVERAGE, paragraph A.1, —WHO IS AN INSURED is amended to include the
following as an insured:
. Any ,"employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts
within the scope of their employment by you. Insurance provided by this endorsement is excess over
any other insurance available to any ,"employee".
. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or
agreement in that "employee's" name, with your permission, while performing duties related to the
conduct of your business and within the scope of their employment. Insurance provided by this
endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the
following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered "auto
provided that you and such person or organization have agreed in a written contract, agreement, or
permit issued to you by governmental or public authority, to add such person, or organization, or
governmental or public authority to this policy as an "insureds'.
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto";
() Only for "bodily injury,, or "property damage" caused by an "accident" which takes
place after you executed the written contract or agreement, or the permit has been
issued to you; and
O Only for the duration of that contract agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION II ® LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs ()
and (4) are replaced by the following:
() Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of
an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to
500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEEEXCLUSION
In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the
employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II ® LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from
the use of a covered "auto" you own or hire.
SECTION III ® PHYSICAL DAMAGE COVERAGEis amended as follows:
® HIRED AUTOPHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or
Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the
Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
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Policy No, AS72'91462442026
. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but
only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
() The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible.
B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverages
C. Subject to the limit, deductible and excess provisions described in this provision we will provide
coverage equal to the broadest coverage applicable to any cornered "auto" you own.
Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired
"auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial
loss°
E. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
O Any "auto" that is hired, rented or borrowed from your "employee".__
For the purposes of this provision, SECTION V ® DEFINITIONS is amended by adding the following:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
7; TOWING LABOR
SECTION III ® PHYSICAL DAMAGE COVERAGE, paragraph Am : Towing, is amended by the addition of the
following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto
classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to 50 per disablement;
. For "light trucks", we will pay up to $ 0 per disablement. "Light trucks" are trucks that have a gross
vehicle weight ( of 10,000 pounds or less.
C. For "medium trucks , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a_
gross vehicle weight (G of 10,001 — 20,000 pounds.
However, the labor must be performed at the place of disablements
fie_ PHYSICAL ADDITIONAL TRANSPORTATION EXPECOVERAGE
Paragraph A.a., Coverage Extension of SECTION III ® PHYSICAL DAMAGE COVERAGE, is amended to
provide a limit of $ 0 per day and a maximum limit of $1,500
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Policy No, AS7Z91462442026
. RENTAL REIMBURSEMENT
SECTION III ® PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an
""auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those
expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may
be substantially less than $75 per day, and will only be allowed for the period of time it should take to
repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto".
d. This coverage does not apply unless you have a business necessity that other "autos„ available for
your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under
this coverage only that amount of your rental reimbursement expenses which is not already provided
under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as
defined in provision 11.
% EXTRA ECOVERAGE
Under SECTION 111 ® PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of
returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III ® PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen,
we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurances
B. SECTION V ® DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an
insured." "Personal effects" does not include tools, equipment, jewelry, money or securities.
1. ACCIDENTAL AIRBAGDEPLOYMENT
SECTION III ® PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating
to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or
warranty.
11 AUDIO, VISUAL T ELECTRONIC UIP T COVERAGE
SECTION III ® PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions
.c. and 4A. is deleted and replaced with the following:
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Policy No AS7Z91462442026
Exclusion 4®ca and 4,_ . do not apply to:
am Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed
solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto91 at
the time of the "loss" and such equipment is designed to be solely operated by use of the power from
the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are
provided for the covered "auto"; or
If the „loss" occurs solely to audio, visual or data electronic equipment or accessories used with this
equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced
by a 100 deductibles
14. LOAN _ / LEASE GAP COVERAGE
A. Paragraph C., LIMIT" OF INSURANCE of SECTION III ® PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one
"accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto," is
subject at the time of the "lass" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the "loss",
Financial penalties imposed under a lease due to high mileage, excessive use or
abnormal wear and tear,
C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases,
. Final payment due under a "Balloon Loan",
o the dollar amount of any unrepaired damage which occurred prior to the "total loss" of
a covered "auto",
. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered "auto
L Any amount representing taxes
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the °loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash
value at the time of the "loss". This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that incurred the loss
serves as collateral, or lease written on the covered "auto" that incurred the loss.
C. SECTION 1f ® OEFINTIONS is changed by adding the following:
s used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash
value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term
of the loan, thereby requiring a large final payment.
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Policy No. AS7Z91462442026
1 w GLASS AIWAIVER DEDUCTIBLE
Paragraph D. Deductible of SECTION III PHYSICAL DAMAGE COVERAGE is amended by the addition of
the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
16. PARKED AUTO LLl I V (WAIVER E U TI LE}
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of
the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger
type or light weight truck with a gross vehicle weight of 10,00 lbs. or less as defined by the manufacturer as
maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
Legally parked; and
C. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply tawny "loss" if the covered "auto" is in the charge of any person or organization
engaged in the automobile business.
17, TWO OR MORE DEDUCTIBLES
Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms
apply to the same accident, the following applies to paragraph D. Deductible:
. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced
by the amount of the smaller (or smallest) deductible; or
C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest)
deductible will be waived.
For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group.
SECTION IV — BUSINESS AUTO CONDITIONSis amended as follows:
18. UNINTENTIONAL FAILURE TO ICL
SECTION IV® BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date
or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be
prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and
we have the right to collect additional premium for any such hazard or exposure.
19. AMENDED DUTIESIN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV ® BUSINESS AUTO CONDITIONS, paragraph ®.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
1. You, if you are an individual;
. A partner, if you are a partnership;
. Member, if you are a limited liability company;
. An executive Officer or the "employee" designated by the Named Insured to give such notice,
if you are a corporation.
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Policy No. ,4S7.Z91462442026
To the extent possible, notice to us should include:
(1) How, when and where the "accident" or"loss" took place;___
(2) The "insureds" name and address; and
() The names and addresses of any injured persons and witnesses.
WAIVER20. F TRANSFER I TS OF RECOVERY AGAINSTTO US
SECTION IV — BUSINESS AUTO CONDITIONS, paragraph ®09 Transfer of Rights of Recovery Against
Others to Us, is amended by the addition of the followings
If the person or organization has waived those rights before an "accident" or "loss",our rights are waived also.
21. HIREDTO COVERAGE TERRITORY
SECTION IVBUSINESS AUTO CONDITIONS, paragraph .7., Policy Period, CoverageTerritory, is
amended by the addition of the following:
, For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United
Mates, the territories and possessions of the United States of America, Puerto Rico or Canada or in a
settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
SECTION V ® DEFINITIONS is amended as follows:
o BODILY INJURY
Under SECTION V ® DEFINTICNS, definition C. is replaced by the following:
Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish
mental injury, shock, fright or death resulting from any of these at any time.
CORIMMON POLICY CONDITIONS
. EXTENDEDLL TICONDITION
COMMON POLICY CONDITIONS, paragraph .® CANCELLATION condition applies except as follows:
If we cancel for any reason other than nonpayment of premium, we will snail to the first Named Insured written
notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply
in those states which require more than 60 days prior notice of cancellation.
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POLICY NUMBER: 6803920TO44 ___ -COMMERCIAL
GENERAL LIABILITY
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTSTHIS
ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL L LIABILITY COVERAGE PART
A. The following is added to WHO IS AN I (Section
available to such additional insured which covers such
11)o
additional insured as a named insured, and we will not
Any person or organization that you agree in a "contract
share with the other insurance, provided that:
or agreement requiring Insurance' to include as an
() The "bodily injury" or "property damage" for
additional insured on this Coverage Part, but only with
which coverage is sought occurs; and
respect to liability for "bodily injury","property damage" or
() The "personal injury' for which coverage is
"personal injury" caused, in whole or in part, by your acts
sought arises out of an offense committed;
or omissions or the acts or omissions of those acting on
after you have entered into that"contract or agreement
your behalf:
requiring insurance". But this insurance still is excess over
. In the performance of your ongoing operations;
valid and collectible other insurance, whether primary,
. In connection with premises owned by or rented to
excess, contingent or on any other basis" that is available
you; or
to the insured when the insured is an additional insured
c. In connection with "your work" and included within the
under any other insurance.
"products -completed operations hazard".
C. The following is added to Paragraph 8. Transfer Of
Such person or organization does not qualify as an
Rights Of Recovery Against Others To Us in
additional insured for "bodily injury""property damage" or
COMMERCIAL L LIABILITY CONDITIONS
"personal injury" for which that person or organization has
(Section IV):
assumed liability in a contract or agreement.
We waive any rights of recovery we may have against any
The insurance provided to the additional insured is limited
person or organization because of payments we make for
as follows:
"bodily injury","property damage" or "personal injury'
. This insurance does not apply on any basin to any
arising out of "your work" performed by you, or on your
person or organization for which coverage as an
behalf, under a "contract or agreement requiring insurance"
additional insured specifically is added by another
with that person or organization. We waive these rights
endorsement to this Coverage Part.
only where you have agreed to do so as part of the
e. This insurance does not apply to the rendering of or
"contract or agreement requiring insurance" with such
failure to render any "professional services".
person or organization entered into by you before, and in
. The limits of insurance afforded to the additional
effect when, the "bodily injury" or "property damage"
insured shall be the limits which you agreed in that
occurs, or the "personal injury" offense is committed.
"contract or agreement requiring insurance" to
The following definition is added to DEFINITIONS
provide for that additional insured, or the limits shown
(Section V):
in the Declarations for this Coverage Part, whichever
"Contract or agreement requiring insurance" means that
are less. This endorsement does not increase the
part of any contract or agreement under which you are
limits of insurance stated in the LIMITS
required to Include a person or organization as an
INSURANCE (Section 111) for this Coverage Part.
additional insured on this Coverage Part, provided that the
B. The following is added to Paragraph a. of 4. Other
"bodily injury' and "property damage" occurs, and the
Insurance in COMMERCIAL LIABILITY
"personal injury" is caused by an offense committed:
CONDITIONS (Section IV):
a. After you have entered into that contract or
However, if you specifically agree in a "contract or _
agreement;
agreement requiring insurance" that the insurance provided
While that part of the contractor agreement is in
to an additional insured under this Coverage Part must
effect; and
apply on a primary basis, or a primary and non-contributory
do Before the end of the policy period.
basis, this insurance is primary to other insurance that is
O 2007 The Travelers Companies, Inc.
CC ®3 81 09 07 Includes copyrighted material of Insurance services
Office, Inc., with its permission. Page 1 of 1
Page 10 of 11
AND
EMPLOYERS LIABILITY POLICY
WORKERS COMPENSATION
POLICY : IJ113893TG15
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right t_recover our payments from ny_ _ liable for an Injury coveredthis icy ill not
enforceour right againstthe personr n' ti In ! . (This agreementonly to the
underextent that you perform work a written contractrequires to obtaint this s t from e)
This agreement shall not operateit r Indirectly n not named In the Schedule,
SCHEDULE
DESIGNATED
ANY PERSON OR ORGANIZATION FOR WHICH THE fid7MED INSURED HAS A(]RERD BY WRITTEN i'GT+TR:1CT EXECUTED PRIOR
OR
TO LOSS TO FURNISH THIS WAIVER,
DESIGNATEDI
Rags: I 1 of 11
Iq of �i ip.lii ® Date Initial ilingranReceived
STATEMENT
OF ECONOMIC INTERESTSly
COVER PAPE
Please type or print in ink.
NAME OF FILER (LAST) (FIRST) (MIDDLE)
Fahrion
Jay
° Office, Agency, or Court
Agency Name (Do not use acronyms)
NV5, Inc,
Division, Board, Department, District, if applicable
Your Position
Consultant
If filing for multiple positions, list below or on an attachment.
(Do not use acronyms)
Agency.
Position;
2. Jurisdiction Of Offlc (Check at least one box)
State
D Judge or Court Commissioner (Statewide Jurisdiction)
Multi -County
County of
City of La Quints
ElOther
3. `Type_ Statement (Check at least one box)
Annual: The period covered is January 1, 2015, through
El Leaving Office: Date Left 1
December 31, 2016.
(Check one)
®or®
The period covered is
through x- 0 The period covered is January 1, 2015, through the date of
December 31, 2015,
®gyp® leaving office,
Assuming Office: Date assumed
0 The period covered is through
the date of leaving office.
Candidate: Election year and office sought, if different than Part 1:
`(�ijt ar.dtt to .:Xi.f dt't1;;r x' r
e Fvw �a a
x n
t Schedule W �,dtavesirntrrrts �schedude.attac�t . IScheduta,.C'�°tr y L sn trstneas� ostuons sohedule.aitached 't
;t 'Schedule 2` daure lnaents .schedule ai# ched ,. ` c a ule,D tnno Cllfs he ui rsitaci l' gym. ..
5. Verification
MAILING ADDRESS STREET CITY STATE ZIP CODE'
(Business or Agency Address Recommended - Public Document
42-329 Cook Street, Suite 104 Palm Desert CA 92211
DAYTIME TELEPHONE NUMBERE-MAILADDRESS
( 750 ) 341-3101 jay.fahrion@nv5.com
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained
herein and in any attached schedules is true and complete, I acknowledge this is a p bllc`document.
I certify under pens4 of perjury under the laws of the State of California that t foregoing is true rJ cor'ect
07 2 /2015
Date Signed Stgnatur
(Month; day, year) (Fire the odlenatly signed slaiement wild your filing offciaQ
FPPC Forces 7® (215J241)
FPCP�vic� Email: aa�icefpc.ca.$ov
FPPc%11-Free eipionas 6j275-772 v+r�a✓s�.fc,camasr
T4ht 4 4 a ""
MEMORANDUM
: Frank J. Spevacek, City Manager
FROM: *%iothy . Jonosson,_Design and Developmentit t 9 ity Engineer
DATE: July 28, 2016
Professional i s Agreement with , I. for services related t
On -Call sr i ry iServices
Attached fo_ your signature is the ProfessionalServices Agreementt ,_I c
and City it for the services referenced v.
_ Please_sign t t( return t_ City Clerkr _ processing
distribution.
Reauestina dwartments all check and attache items el s appropriate:
Contract payments will be charged to account number: VARIOUS CIP PROJECT ACCOUNTS
Amount of Agreement, Amendment, Change Order, etc.; $50,000
X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
rW m e ft e this ree m erg i Lased
X Approved by the City Council on 7/1 /1
City Manager's signature authority provided under Resolution No. 2015-0 5 for budgeted expenditures
of $50,000 or less
Initial to certify that 3 written informal bids or proposals were received and considered in selection
tllti�rl r�red erg ire tte t e reele.
Insurance certificates as required by the agreement u I r v i O li tO
Performance bonds as required by the agreement (originals)
X City of La Quinta Business License number LIC-76 3 S09/30/16
Purchase Order number;,
ta a�a
G FA , j the 1)FSL' K I'
June 30, 2017
NV5, Inc.
Attn: Carmen Kasner
42829 Cook Street, Suite 104
Palm Desert, CA 92211
RE: PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF LA QUINTA FOR
ON CALL CONSTRUCTION SURVEYING SERVICES
Dear Ms. Kasner,
The City of La Quinta gives notice that it wishes to exercise the option to extend
the term of the Professional Services Agreement for NV5 Inc., in accordance with
the Professional Services Agreement (Agreement) dated July 20, 2016. The
Agreement will be extended for an additional year, expiring on June 30, 2018. All
other terms and conditions of the Agreement remain unchanged.
If you need additional information or would like to discuss this matter further,
please contact Ed Wimmer at (760) 777-7088 or at ewimmer@la-quinta.org.
Sincerely,
Ed Wimmer, . .
Principal Engi eer
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000