Agenda packet — La Quinta City Council, June 20, 2023 (part 1 of 6)

CITY COUNCIL AGENDA Page 1 of 9 JUNE 20, 2023

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JUNE 20, 2023
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 9 JUNE 20, 2023

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.

CONFIRMATION OF AGENDA
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CITY COUNCIL AGENDA Page 3 of 9 JUNE 20, 2023

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES ANALYST; AND EMPLOYEE
ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION, AND

UNREPRESENTED EMPLOYEES

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. FIND FOOD BANK FOOD DISTRIBUTION PROGRAMS PRESENTATION BY

PRESIDENT AND CEO DEBBIE ESPINOSA

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

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1. APPROVE MEETING MINUTES DATED MAY 16, 2023 11

2. AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR COUNCILMEMBERS,

AND CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20- 22, 2023
21 3. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JUNE 27, 2023, PLANNING COMMISSION MEETING
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CITY COUNCIL AGENDA Page 4 of 9 JUNE 20, 2023

4. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 37891 FOR THE JEFFERSON STREET RESIDENTIAL APARTMENT

DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON

STREET AND PALM CIRCLE DRIVE
25 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TKE

ENGINEERING TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES 31 6. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NV5, INC AND

MSA CONSULTING FOR ON-CALL SURVEYING SERVICES
63 7. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH LANDMARK

CONSULTANTS, INC AND CONVERSE CONSULTANTS FOR ON-CALL

MATERIALS TESTING SERVICES
129

8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HERMANN

DESIGN GROUP, INC FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN

SERVICES
193

9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DUDEK TO

PROVIDE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR

THE LAKE AND IRRIGATION CONVERSION AT THE CIVIC CENTER AND SILVERROCK PARK VENUE, PROJECT NOS. 2016-06 AND 2016-08 227

10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACORN

TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE

INFORMATION TECHNOLOGY SUPPORT SERVICES AND PUBLIC SAFETY

CAMERA SYSTEM INFORMATION TECHNOLOGY SUPPORT SERVICES
269

11. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH 4LEAF, INC,

BUREAU VERITAS NORTH AMERICA, INC, HR GREEN PACIFIC, AND

INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING CODE PLAN

REVIEW AND INSPECTION SERVICES
299

12. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES

WITH VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2024/25 AND INCREASE THE CONTRACT AUTHORITY UP TO $150,000 OF WORK PER FISCAL YEAR EFFECTIVE FISCAL YEAR 2022/23
421

13. APPROVE ADDITIONAL FUNDS FOR FISCAL YEAR 2023/24 MEMORANDUM

OF UNDERSTANDING WITH THE GREATER COACHELLA VALLEY CHAMBER

OF COMMERCE
427
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CITY COUNCIL AGENDA Page 5 of 9 JUNE 20, 2023

14. ACCEPT SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE PROJECT NO. 2022-18, LOCATED AT SILVERROCK PARK
437

15. ACCEPT X-PARK PROJECT NO. 2015-09, LOCATED ON BLACKHAWK WAY 441

16. ADOPT RESOLUTION TO APPROVE THE CITY’S PROJECT LIST FOR FISCAL YEAR 2023/24 FOR SENATE BILL 1 – ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2023-016]
445

17. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 INVESTMENT POLICY [RESOLUTION NO. 2023-017]
451

18. ADOPT RESOLUTION TO APPROVE THIRD EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2014-1003 (SDP 2022-0012) AND TENTATIVE TRACT MAP NO. 36744 (TTM 2022-0002), LOCATED ON THE SOUTH SIDE OF AVENUE 54, ONE-QUARTER MILE EAST OF MADISON STREET
[RESOLUTION NO. 2023-018]
515

19. ADOPT RESOLUTION TO APPROVE CLASSIFICATION PLAN AND SALARY

PLAN/SCHEDULE FOR ALL REPRESENTED AND UNREPRESENTED
EMPLOYEES FOR FISCAL YEAR 2022/23 [RESOLUTION NO. 2023-019] 581

20. ADOPT RESOLUTION TO APPROVE BENEFIT, CLASSIFICATION, AND SALARY PLAN/SCHEDULE FOR FISCAL YEAR 2023/24
[RESOLUTION NO. 2023-020]
589

21. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION
[RESOLUTION NO. 2023-021]
597

22. APPROVE DEMAND REGISTERS DATED MAY 26, JUNE 2, AND JUNE 9, 2023 603

23. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2023
621

24. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $160,000 OF MATERIALS FOR FISCAL YEAR 2022/23
627

25. ADOPT RESOLUTION TO APPROVE THE EXCHANGE OF REAL PROPERTY

BETWEEN THE CITY AND NINO ROSINI FOR CERTAIN VACANT PARCELS IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 770-125-003 AND 770-155- 001 [RESOLUTION NO. 2023-022]
629

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CITY COUNCIL AGENDA Page 6 of 9 JUNE 20, 2023

BUSINESS SESSION
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1. AWARD CONTRACT FOR CONSTRUCTION OF THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION PROJECT NOS. 2022-01 AND 2022-14; SEE ALSO SUPPLEMENTAL STAFF REPORT
635
635-S

2. APPROVE AMENDMENT NO. 6 TO GOLF COURSE MANAGEMENT

AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR

SILVERROCK GOLF COURSE MANAGEMENT SERVICES
639

3. APPROVE SILVERROCK RESORT 2023/24 ANNUAL PLAN 645

4. RECEIVE AND FILE FISCAL YEAR 2022/23 BUDGET UPDATE REPORT AND

APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS
673

5. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT [RESOLUTION NO. 2023-023] 679
STUDY SESSION – None
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

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1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2023/24 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2023-024]
699

2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 THROUGH 2027/28 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2023-025] 725

3. ADOPT RESOLUTION TO VACATE A PORTION OF THE SOUTHWEST

CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA PUBLIC

RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA
SUBDIVISION, UNIT NO. 6 [RESOLUTION NO. 2023-026]
737

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CITY COUNCIL AGENDA Page 7 of 9 JUNE 20, 2023

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY RESOURCES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

15. CVAG PUBLIC SAFETY COMMITTEE (Peña)

16. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

17. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)

18. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

19. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

20. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

21. SUNLINE TRANSIT AGENCY (Peña)

22. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

23. ANIMAL CAMPUS COMMISSION (Sanchez)

24. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez & Peña)

25. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

26. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez)

27. PLANNING COMMISSION MEETING MINUTES DATED MARCH 28, 2023 753

28. PLANNING COMMISSION MEETING MINUTES DATED APRIL 11, 2023 761

29. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED MAY 10, 2023
767
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CITY COUNCIL AGENDA Page 8 of 9 JUNE 20, 2023

ADJOURNMENT
*********************************
The regular City Council meeting of July 4, 2023, has been cancelled.

The next regular meeting of the City Council will be held on July 18, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on June 16, 2023.

DATED: June 16, 2023
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

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CITY COUNCIL AGENDA Page 9 of 9 JUNE 20, 2023

*** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 10 MAY 16, 2023

CITY COUNCIL

MINUTES
TUESDAY, MAY 16, 2023

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
Councilmembers Fitzpatrick, McGarry, and Mayor Evans said they would comment on Consent Calendar Item Nos. 2, 7, and 8.

Councilmember Peña said he will abstain from the discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of real property to this project, and requested that it be pulled for a separate vote.

Council concurred.

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111, EAST OF DUNE PALMS ROAD; ASSESSOR PARCEL
NUMBER 600-020-053
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
PROPERTY OWNER: CITY OF LA QUINTA
NEGOTIATING PARTY: SUNRIDGE HOTEL GROUP
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR

DISPOSITION OF THE PROPERTY IDENTIFIED

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA AND MAIN STREET; ASSESSOR PARCEL NUMBERS 770-123-011, 770-124-010, AND 770-124-012
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: GATHER CAPITAL
UNDER NEGOTIATION: PRICE AND TERMS OF SALE
CONSENT CALENDAR ITEM NO. 1 11 Click Here to Return to Agenda CITY COUNCIL MINUTES Page 2 of 10 MAY 16, 2023

3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES ANALYST; AND EMPLOYEE
ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION, AND

UNREPRESENTED EMPLOYEES

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:08 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act).

PLEDGE OF ALLEGIANCE
Councilmember McGarrey led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident – provided an update on Chamber events including newly appointed members of the executive committee for this year; and introduced new CEO Brandon Marley.

PUBLIC SPEAKER: Brandon Marley, CEO, Greater Palm Springs Chamber of Commerce – expressed his pleasure in being appointed CEO and spoke of upcoming events.

PUBLIC SPEAKER: Richard Gray, La Quinta – suggested that Council expedite permits for large projects; plan now for solar power and vehicle charging stations at future housing projects; include drainage into the Whitewater Channel for properties adjacent to it; connect retention basins to drain into the Whitewater Channel; the proposed Troutdale Village housing project should include elevators if the three-story plan is approved, and it should include a significant number of three-bedroom units to accommodate families; consider implementing voting districts; and given the work slowdown at Talus, and its funding issues, suggested that Council have a plan B ready to implement.

Councilmember Fitzpatrick explained that the La Quinta Building Code includes all the requirements for solar power and charging stations; and Councilmember Peña explained that Coachella Valley Water District (CVWD) controls what gets discharged into the Whitewater Channel, Imperial Irrigation District (IID) holds responsibility for providing power to projects, and the residences of current Councilmembers are in every area of the City, but all five Councilmembers represent all residents. 12 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 10 MAY 16, 2023
Announced out of Agenda order after Consent Calendar >>> City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, on Matters Not on the Agenda, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Kelly Baucom – Special Event Permits regulations and requirements; and the Dupont Estate.
 Claudia Snyder – Special Event Permits regulations and requirements.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. PROCLAMATION IN RECOGNITION OF NATIONAL PUBLIC WORKS WEEK Mayor Evans, on behalf of the Council, presented a Proclamation to Public Works Director/City Engineer Bryan McKinney and department staff. Mr. McKinney expressed his gratitude for the recognition of the importance of municipal public works in the lives of all residents.

2. CV LINK REGIONAL TRAIL PROJECT UPDATE BY COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS (CVAG) EXECUTIVE DIRECTOR TOM KIRK
CVAG Executive Director Tom Kirk provided an update on the CV Link Regional Trail Project, a 50-mile multi-modal transportation project under construction for bicyclists, pedestrians, and low speed electric vehicles, that will run continuously throughout the Coachella Valley cities, from Desert Hot Springs to Coachella.

Mr. Kirk also provided an update on the CVAG Arts and Music Line project, a 10-mile community connector to key destinations, such as schools, affordable housing, retail and employment centers, which will provide three connections to the CV Link, and will run along Avenue 48 through the Cities of La Quinta, Indio, and Coachella.

CONSENT CALENDAR

1. EXCUSE ABSENCE OF COMMISSIONER DORSEY FROM THE MAY 10, 2023,

QUARTERLY FINANCIAL ADVISORY COMMISSION MEETING

2. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES

WITH FIND FOOD BANK TO PROVIDE NON-PERISHABLE FOOD KITS TO

HOMEBOUND SENIORS AND LA QUINTA RESIDENTS THROUGH FISCAL YEAR 2023/24

3. APPROVE GOVERNMENT PRODUCT LEASE AGREEMENT WITH QUADIENT

LEASING USA, INC FOR FIVE-YEAR LEASE OF POSTAGE AND PAPER

FOLDING MACHINES
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4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE

ASSOCIATES, INC, FOR ADDITIONAL SPENDING AUTHORITY UP TO $100,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER

5. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO
ATTEND CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2023 IN MONTEREY CALIFORNIA, SEPTEMBER 18-22, 2023

6. Pulled for a separate vote by Councilmember Peña >>> ADOPT RESOLUTION

AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR LAND AND

WATER CONSERVATION FUND THROUGH THE STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND AVENIDA BERMUDAS
[RESOLUTION NO. 2023-011]

7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE AVENUE 50 AND AVENUE 52 PAVEMENT
REHABILITATION PROJECT NOS. 2022-01 AND 2022-14

8. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE FRED WARING DRIVE PAVEMENT
REHABILITATION PROJECT NO. 2022-03

9. APPROVE DEMAND REGISTERS DATED APRIL 28 AND MAY 5, 2023

10. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR JANUARY, FEBRUARY, MARCH 2023

11. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2023
CONSENT CALENDAR ITEM NO. 6 – Comments
Councilmember Peña recused himself from discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location.

CONSENT CALENDAR ITEM NOS. 2, 7, AND 8 – Comments
Councilmember McGarrey said:
 She serves on the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this is a volunteer position 14 Click Here to Return to Agenda
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and she does not receive compensation, there is no potential conflict of interest; and
 Her residence is within 1,000 feet of the project location under Consent Calendar Item No. 8, which does not constitute a material financial interest under Fair Political Practices Commission (FPPC) regulations as the proposed work solely concerns repairs and maintenance of existing streets.

Mayor Evans said:
 She is a past member of the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this was a volunteer position and she did not receive compensation, there is no potential conflict of interest; and
 Noted the City has supported FIND Food Bank for many years, particularly during the COVID-19 pandemic when funding was allocated and City staff assisted with food packaging and distributions.

Councilmember Fitzpatrick said:
 Her residence is within 2,500 feet from the proposed project under Consent Calendar Item No. 7, which does not constitute a material financial interest under FPPC regulations as explained by the City Attorney (noted below); and  Regarding Consent Calendar Item Nos. 7 and 8, there are 129 miles of streets in La Quinta; the City is only required to spend $1 million per year on repairs; every year, the City goes far beyond the minimum expenditure of $1 million; and the City tries to keep its road standards up.

City Attorney Ihrke explained that under FPPC regulation 18705.2(c), there is not a financial interest requiring recusal if a decision is dealing solely with the repair, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities; and a street re-pavement would fall within this exemption.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1-5 and 7-11 as recommended. Motion passed unanimously.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 6 as recommended and adopting Resolution No. 2023-11. Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña), absent – 0.

City Clerk Radeva announced Written Public Comments received on Matters Not on the Agenda as noted on page 3 of these minutes, out of Agenda order.

BUSINESS SESSION

1. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 4, AUGUST 15, AND SEPTEMBER 5, 2023
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CITY COUNCIL MINUTES Page 6 of 10 MAY 16, 2023
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve cancelling the regular City Council meetings of July 4, August 15, and September 5, 2023. Motion passed unanimously.

STUDY SESSION

1. DISCUSS FISCAL YEAR 2023/24 PRELIMINARY PROPOSED BUDGET Finance Director Martinez and Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office.

Council discussed the proposed asset management program; the increase in funding for park maintenance; reduction in the percentage of the budget allocated for police and fire with no reduction in service; amount allocated to cyber security, and cyber insurance coverage; and the overall increase in insurance premiums.

PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta (received donated time from Yolanda Mills), and Chair of the Financial Advisory Commission (FAC) – spoke on behalf of the FAC and expressed the FAC’s opposition to the proposed $3.6 million funding allocation from La Quinta for the CVAG Arts and Music Line project on Avenue 48 and the Washington Street connector project.

Council responded to Mr. Mills by suggesting that the CVAG Arts and Music Line project team provide the FAC with a detailed presentation on the project, since many members have little or no information on the project; and briefly explained the benefits of the project.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:49 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M. WITH

ALL MEMBERS PRESENT

2. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM

CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR JANUARY-MARCH 2023 AND POTENTIAL AMENDMENTS TO CHAPTER 3.25

OF THE LA QUINTA MUNICIPAL CODE
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council discussed the number and location of lots eligible for the proposed large-lot exemption if it were to be approved.

PUBLIC SPEAKER: Dick Storbo, La Quinta – opposed STVRs, and any exemptions to the ban on new permits; and said property owners can use existing processes by applying for a zone change, a Conditional Use Permit (CUP), or a Bed and Breakfast permit. 16 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 10 MAY 16, 2023
PUBLIC SPEAKER: Kay Wolff, La Quinta – STVR is trending well for all involved, it is a work in progress; urged Council to adopt a super-majority 4/5 vote to lift the ban on new permits; STVR complainers need to be informed if they should document disturbances with audio or visual recordings; suggested that HOA complaints and citations be transmitted to and recorded by the City in its metrics; neighbors of unpermitted STVRs are being harassed for reporting, so a resolution is needed; homeshares may be a backdoor to illegal operation, and a challenge for Code Compliance for enforcement; opposes large-lot exemptions for properties in residential zones, but instead, they should be subject to CUPs; notices for Special Event Permits should be sent via registered mail, so proof of receipt exists; limit STVR guest parking on residential streets; and keep up the enforcement, public education, and reaffirm the ban on new permits.

PUBLIC SPEAKER: Don Shoffstall, La Quinta – clarified the 10 large lots located in the PGA West communities questioned by Councilmember Sanchez; regarding homeshares, the ordinance must be written carefully to prevent abuse by crafty owners; adoption of a 4/5 vote to lift the ban on new permits is strongly supported by the Neighbors for Neighborhoods organization; and regarding the large-lot exemptions, believes the 500’ notification radius is insufficient, and needs to be investigated for sound travel.

PUBLIC SPEAKER: Lynne Daniels, La Quinta, owner of the Dupont Estate – periodic review of the STVR program is helpful; and supports allowing permits for homeshares.

PUBLIC SPEAKER: Edward Armendarez, La Quinta – other cities that have regulated or banned STVRs have concluded that such a program cannot be adequately regulated; opposed to homeshare permits because they will be difficult to patrol; residents are being harassed if they are suspected of reporting unpermitted properties; and need clarification on language City uses, specifically, use of “permanent ban” is inaccurate.

PUBLIC SPEAKERS: Mario Prius and Cecelia Havey, La Quinta – purchased a vacation home in 2018 and operated a STVR, but were unable to renew their license in 2020 due to a glitch in the City’s system; never received any citations; in desperate financial need now without their STVR permit, even though renting long-term for 30 days or more; and asked Council to provide relief to those who experienced the City’s system error in 2019/20 by allowing permit renewal.

Council discussed threats or vandalism against neighbors should be reported to the police; and requested staff to investigate the system glitch mentioned to see if there are any residents that may have been affected by it.

City Attorney Ihrke commented that Staff may investigate whether there was a technological issue in the past with the City’s contractor for electronic permitting, but any investigation cannot affect, as a matter of law, decisions made for prior administrative appeals, or affect the applicable time periods for brining an administrative appeal or pursuing judicial relief from a decision on administrative appeal. City Attorney Ihrke also commented that, as a matter of law, belief by a STVR permit-holder that the ban on new 17 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 8 of 10 MAY 16, 2023
STVR permits was temporary would not be grounds for any failure to timely renew an existing STVR permit.

PUBLIC SPEAKER: Anna Duitruk, spoke on behalf of Vacation Rentals Owners of La Quinta (VRON-LQ) – supports allowance of STVRs; asked Council to allow a gradual increase in STVR permits and maintaining a balance; opposed the requirement of a 4/5 vote of Council on the ban on the issuance of new STVR permits in non-exempt areas; and believes the program helps many residents.

Council discussed the pros and cons of STVRs; excellent Code Enforcement; the proposed 4/5 vote would apply only to Section 3.25.055; reasons to support/oppose the 4/5 vote; support for current STVR code; gradual permit attrition; favoring HOAs management of their own communities; importance of notification to the 500’ radius, or greater, to neighbors of large-lots, and proof of notification; importance of continued resident feedback; pros and cons of homeshares; process for the HOA exemption; support/opposition to require HOAs with CC&Rs allowing STVRs, to hold votes to allow any new permits in their community; the success of the current ordinance over time; consideration of opening the program to a few more STVR permits and homeshares to test the program, maybe 10 new permits a month; the initial intent in 2020 was a temporary moratorium; eliminating the proposed limit on the number of large-lot permits issued per year; the City’s success in delivering everything requested by residents such as reduction in STVR permit density due to permit attrition, promoting development in exempt areas, increased code enforcement, significant reduction in complaints, accurate data collection, etc.; importance of the solid revenue from STVRs for enforcement, roads, facilities, services, etc.; the success in shutting down unpermitted operators; and division on the issue of STVRs may always exist as long as the program exists, regardless of its success.

Council directed staff to clarify the ordinance section on HOAs to ensure that if the results of an HOA vote allows its owners to apply for a STVR permit under the HOA exemption, that their CC&Rs are immediately amended to clearly state that in accordance with its CC&R voting rules, HOA members are permitted to apply for a new STVR permit with the City under the HOA exemption clause; and HOAs that allow STVRs in their CC&Rs must also hold a vote of its members to reaffirm the desire of its current members to allow STVRs in the community, since new HOA members may have relied on the City’s ban to override the STVR allowance in their CC&Rs when purchasing.

Announced out of Agenda order before Adjournment >>>
City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, regarding Study Session Item No. 2, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Anonymous – opposing STVRs.
 John Hastie – opposing proposed Section 3.25.056 related to HOA Exemption.  Stephanie Nevel Yanchar – opposing proposed Section 3.25.056 related to HOA Exemption.
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CITY COUNCIL MINUTES Page 9 of 10 MAY 16, 2023
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:41 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M. WITH

ALL MEMBERS PRESENT
PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Sanchez and Councilmember Peña reported on their attendance at the Energy Summit; micro-grid discussion; and their tour of the Sheriff station.

Councilmember Peña reported on his attendance at Career Day at Ben Franklin Elementary School; the Sean Webb sendoff; and the Bruce Lee memorial event.

Councilmember Fitzpatrick reported on her tour of the Sheriff’s Station; the SCAG conference; and the Palm Desert State-of-the-City event.

Councilmember McGarry reported on her attendance at the SCAG conference; and the Cathedral City State-of-the-City event.

Mayor Evans reported her attendance at the Bell dedication for Desert Sands; Women Leaders luncheon awarding scholarships; Impact through Golf charitable committee; provided an abbreviated State-of-the-City presentation to realtors; spoke at the County’s Mental Health Day event; the SCAG conference; supported Greater Palm Springs Visitor’s Bureau in a round of golf; played in Desert Sands Chili Dog Open; and attended the Concert in the Park event.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Mayor Evans reported on her participation in the following organization’s meeting:
 CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta’s representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta’s representative for 2023, Councilmember McGarrey reported on her participation in the following organizations’ meeting:
 COACHELLA VALLEY MOUNTAINS CONSERVANCY
 IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
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CITY COUNCIL MINUTES Page 10 of 10 MAY 16, 2023
La Quinta’s representative for 2023, Councilmember Peña reported on his participation in the following organizations’ meeting:
 CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES  CVAG PUBLIC SAFETY COMMITTEE
City Clerk Radeva announced Written Public Comments received for Study Session Item No. 2 as noted on page 8 of these minutes, out of Agenda order.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/Sanchez to adjourn at 10:24 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: June 20, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR

COUNCILMEMBERS, AND CITY MANAGER TO ATTEND THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20-22, 2023

RECOMMENDATION
Authorize overnight travel for the Mayor, four Councilmembers, and the City Manager to attend the League of California Cities Annual Conference in Sacramento, California, September 20-22, 2023.

EXECUTIVE SUMMARY
• The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation.
• The League’s Annual Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking. • This item has been scheduled this far in advance so that attendees may obtain advance bookings at reduced rates.

FISCAL IMPACT
Estimated expenses are $1,750 per attendee; this cost includes conference registration, travel, lodging and meals. Funds are included in the travel and training departments’ budgets; City Council (101-1001-60320) and City Manager (101-1002-60320).

BACKGROUND/ANALYSIS
The Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as economic development, housing, public safety, communication, and technology.

Further, the League’s Annual Business Meeting, held during the General Assembly, acts on resolutions that establish League policy; Mayor Evans is the City’s voting delegate.

Additionally, the Regional Riverside Division holds a meeting during this time.

CONSENT CALENDAR ITEM NO. 2
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Staff is requesting Council consideration this far in advance as the League has already opened registration for the September 2023 Conference, and if members register now, they qualify for reduced registration and lodging rates, and may secure reduced travel fairs as well.

ALTERNATIVES
Council may elect to reduce the number of attendees or not have anyone attend.

Prepared by: Jennifer Nelson, Management Specialist
Approved by: Jon McMillen, City Manager
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City of La Quinta
CITY COUNCIL MEETING: June 20, 2023

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JUNE 27, 2023, PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Commissioner Mary Caldwell from the June 27, 2023, quarterly Planning Commission meeting.

EXECUTIVE SUMMARY
 On June 8, 2023, Commissioner Caldwell requested to be excused from the June 27, 2023, Planning Commission meeting due to previously scheduled travel.  Commissioner Caldwell has one (1) excused absence for fiscal year 2022/23.

FISCAL IMPACT
No meeting attendance compensation is paid to absent members.

BACKGROUND/ANALYSIS
The Municipal Code states: “If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences.”

ALTERNATIVES
Council may deny this request, which would result in the absence being counted toward the Commissioner’s limitation on absences as noted above.

Prepared by: Laurie McGinley, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 3
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City of La Quinta
CITY COUNCIL MEETING: June 20, 2023

STAFF REPORT
AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 37891 FOR THE JEFFERSON STREET RESIDENTIAL APARTMENT

DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET

AND PALM CIRCLE DRIVE

RECOMMENDATION
Approve Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement for Parcel Map 37891 for the Jefferson Street residential apartment development; and authorize the City Manager to execute said agreement upon receipt of a replacement security.

EXECUTIVE SUMMARY
• Parcel Map 37891 with associated Subdivision Improvement Agreement were approved by City Council on September 20, 2022.
• Global Development and Building, LLC has sold its interest in this parcel map and desires to assign the subdivision improvement obligations to MMHP 2023, LLC.

MMHP 2023, LLC (New Developer) is the current owner of this parcel map. • New Developer requests approval of Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement (Agreement) for Parcel Map 37891.

FISCAL IMPACT
There is no fiscal impact to the City. New Developer will be submitting a replacement security to guarantee construction of the improvements.

BACKGROUND/ANALYSIS
Parcel Map 37891 is an approximately 5.4 acre project site located in the southeast corner of Jefferson Street and Palm Circle Drive (Attachment 1). The project proposes a total of five buildings with 40-unit multifamily residential apartments.

CONSENT CALENDAR ITEM NO. 4
NO.
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In October 2022, Global Development and Building, LLC entered into a Subdivision Improvement Agreement for the Jefferson Street Apartments project. Global Development and Building, LLC recently sold its interest in this parcel map. New Developer is the current owner. The City will execute the Agreement (Attachment 2) and release Global Development and Building’s security upon receipt of the replacement security for the Jefferson Street Apartments from New Developer.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map

2. Assignment and Assumption Agreement and Amendment
to Subdivision Improvement Agreement
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V I C I N I T Y M A P
127726&$/(
PARCEL MAP NO. 37891
:(67:$5'+2'5
ATTACHMENT 1
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F220

ASSIGNMENT AND ASSUMPTION AGREEMENT
AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 37891 OFF-SITE AND ON-SITE IMPROVEMENTS
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Assignment & Amendment”) is made and entered into as of the _____ day of _____________, 20___, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California (“City”), Global Development and Building, LLC, a California limited liability company (“Assignor”), and MMHP 2023, LLC, a California limited liability company (“Assignee”).

RECITALS
A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated October 31, 2022 (“SIA”), pursuant to which Assignor, as the “Subdivider” defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Parcel Map No. 37891 (“Tract”), as more fully described in Exhibit “A” of the SIA (“Improvements”).

B. Assignor has sold its interest in the Tract. Assignee is the current owner of the Tract. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor’s rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor’s position with respect to the SIA and of Assignor’s rights and obligations under the SIA subject to the terms of this Assignment & Amendment.

C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption.

ATTACHMENT 2
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F220 -2-

2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of:
(a) Faithful Performance Bond in the amount of $418,676 and Labor & Materials Bond in the amount of $418,676 for the following improvements:

IMPROVEMENTS Performance Security
Amount
Labor & Materials Security
Improvement Description Amount
Grading $ 62,780 $ 62,780
Off-Site Entry Improvements $ 42,728 $ 42,728
Off-Site Landscaping $ 27,500 $ 27,500
Off-Site Water and Sewer $ 184,050 $ 184,050
Monumentation $ 5,000 $ 5,000
Standard 10% Contingency $ 32,206 $ 32,206
Professional Fees, Design 10% $ 32,206 $ 32,206
Professional Fees, Construction 10% $ 32,206 $ 32,206
TOTAL $418,676 $418,676
(b) Other (Specify type and amount): No other security.

For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as “Improvement Security.” Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor’s Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee’s security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor’s Improvement Security.

3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee’s representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption.

4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. 29 Click Here to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: June 20, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TKE

ENGINEERING TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES

RECOMMENDATION
Approve Agreement for Contract Services with TKE Engineering to provide on-call traffic engineering services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The City contracts for traffic engineer services to provide traffic operations, traffic signal system design, and development traffic review, which is an expertise Staff does not possess.
• TKE Engineering is best qualified to provide these services and was selected through the competitive Request for Proposals (RFP) process completed in June 2023.

FISCAL IMPACT
There are funds available in the FY 2023/24 operating budget for contract traffic engineer services (Account No. 101-7006-60144). This contract could cost up to $200,000 annually, or $600,000 during the initial three-year term, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. The following is the proposed annual budget for both the initial and extended terms for on-call traffic engineering services:

Initial Term: Budget
FY 2023/24 $ 200,000
FY 2024/25 $ 200,000
FY 2025/26 $ 200,000
Possible Extended Term:

FY 2026/27 $ 200,000
FY 2027/28 $ 200,000
TOTAL: $1,000,000
CONSENT CALENDAR ITEM NO. 5
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BACKGROUND/ANALYSIS
In May 2023, the City published a RFP for on-call traffic engineering services and received six proposals. The review panel interviewed three of the firms, including TKE Engineering, Inc., Willdan Engineering, and STC Traffic, Inc. TKE Engineering was selected as the most qualified firm to provide these services.

The City’s on-call traffic engineering consultant will provide on-call traffic operations, traffic signal system design, and development traffic review. The City elects to contract for this service to access this expertise on an on-call basis. This consultant provides expertise that Staff does not have.

ALTERNATIVES
Council may elect not to approve or to modify the proposed agreement.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services with TKE Engineering 32 Click Here to Return to Agenda

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and TKE Engineering, a Corporation, etc., with a place of business at 73993 Highway 111, Suite 201 Palm Desert, CA, 92260 (“Contracting Party”).

The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on-call traffic engineering, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, ATTACHMENT 1
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-2-
and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 35 Click Here to Return to Agenda
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) TKE Engineering, Inc.
73993 Highway 111, Suite 201
Palm Desert, CA, 92260
ATTN: Terry Renner
(b) TKE Engineering
73993 Highway 111, Suite 201
Palm Desert, CA, 92260
ATTN: Steve Ledbetter
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as the Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any 37 Click Here to Return to Agenda
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attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall 38 Click Here to Return to Agenda
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be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.

5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

6. INDEMNIFICATION.

6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports 39 Click Here to Return to Agenda
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(including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. 40 Click Here to Return to Agenda
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The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
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8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.

8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all 42 Click Here to Return to Agenda
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Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without 43 Click Here to Return to Agenda
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the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS.

10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City:

CITY OF LA QUINTA
Attention:
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

TKE ENGINEERING, INC.

Attention: Terry Renner
73993 Highway 111, Suite 201
Palm Desert, CA, 92260

10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
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10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A

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Exhibit A
Scope of Services
SCOPE OF SERVICES:

1. Provide technical support, prepare plan sheets (in Bluebeam), and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications.

2. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed.

3. Perform concept and feasibility studies of intersection and street design alternatives including preparing preliminary design reports. This includes drafting and computer aided drafting support.

4. Prepare final plans (in Bluebeam on plan sheets), specifications, record drawing, utility, or other searches, cost estimates (opinions of construction cost), and other design related documents. Review and recommend award of construction contracts. This includes preparing record (“as built”) drawings upon completion of construction. Be Engineer of Record on plans.

5. Collect data and prepare traffic capacity/level of service analyses for intersections and street segments.

6. Collect and analyze data needed for grant applications.

7. Prepare public transit service feasibility and modification studies.

8. Collect data and prepare traffic signal and stop sign warrant analysis as well as updating speed surveys for posting speed limits and curve advisory signs.

9. Monitor the Traffic Management Center, implement traffic timing in coordination with the CV Sync system, and solve communication problems. Monitoring traffic flow from the live feed of the video cameras and adjusting timing to respond to traffic incidents impacting traffic flow on the city’s most heavily traveled corridors.

10.Monitor the traffic flow during special events and coordinate timing changes as needed.

11.Research equipment specs and obtain bids, process purchase orders, and coordinate the repair of traffic signal equipment with and without warranty coverage.

12.Assist with citizen requests, especially those which require collecting and analyzing data for traffic calming requests. Conduct neighborhood traffic management charrettes and/or studies as needed.
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Exhibit A

Page 2 of 5 ends

13.Provide technical input to city staff with signing and striping changes, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by City staff, including crafting responses to citizen complaints or media requests.

14.Respond to data and other requests from Caltrans, Coachella Valley Association of Governments, Riverside County Transportation Commission, Riverside County, agencies such as Indio, Palm Desert, Indian Wells, SunLine Transit and others.

15.Review work zone traffic plans for capital improvement projects, utility projects, and developer projects and advise City on potential issues.

16.Update City with new California edition - Manual of Uniform Traffic Control Device standards for traffic control devices which may need be implemented/updated.

17.Prepare and present education and safety training.

18.Process data from connected and autonomous vehicles and other sources to provide real time data to members of the public.

19.Adjust signal timing based on real time data.

20.Attend monthly coordination and other project meetings as necessary.

21.Individual Project Task Order:

Upon request by City, Consultant will submit for City review an individual project proposal including all information required to complete a Task Order for the individual project.. Tasks will be listed in chronological order reflecting the entire scope of work as requested by City, along with an estimated cost per task and a combined total notto-exceed cost. Proposals will contain the names and titles of Consultant’s personnel assigned to perform the work and specifically identify the individual who will be the Project Manager. Proposals will contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant’s project schedule

22.Knowledge and skills in operating the following OS systems:
a. Kinetics - Traffic Management Software
b. Q Free Intelite Controllers/Software
c. Econolite Controllers
d. Genetec Security Desk – Basic Operator
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Exhibit A

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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who 49 Click Here to Return to Agenda
Exhibit A

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works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.

3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

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Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 51 Click Here to Return to Agenda
Exhibit B

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Initial Term:
“Not to exceed” Year 1: $200,000.00
“Not to exceed” Year 2: $200,000.00
“Not to exceed” Year 3: $200,000.00
Possible Extended Term:
“Not to exceed” Year 4: $200,000.00
“Not to exceed” Year 5: $200,000.00
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Page |26
Request for Proposals: On-Call Traffic Engineering Services City of La Quinta
SECTION 3 | COMPLETE PRICING LIST (FEE SCHEDULE)
SECTION 3 | COMPLETE PRICING

LIST (FEE SCHEDULE)
Exhibit B

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Exhibit C

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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 54 Click Here to Return to Agenda
Exhibit D

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Exhibit D
Special Requirements
None.
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Exhibit E

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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to 56 Click Here to Return to Agenda
Exhibit E

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Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.

In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.
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Exhibit E

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Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no 58 Click Here to Return to Agenda
Exhibit E

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replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.

Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.

12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for 59 Click Here to Return to Agenda
Exhibit E

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any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 60 Click Here to Return to Agenda
Exhibit F

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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Exhibit F

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d. Indemnification Provision for Design Professionals.

1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.

2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.

3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 62 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 20, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NV5,

INC AND MSA CONSULTING FOR ON-CALL SURVEYING SERVICES

RECOMMENDATION
Approve Agreements for Contract Services with NV5, Inc. and MSA Consulting for on-call surveying services; and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
• Capital improvement projects often require surveying services, which necessitate skilled specialists.
• NV5 Inc. and MSA Consulting are best qualified to provide on-call surveying services and were selected through the competitive Request for Proposals (RFP) process completed in June 2023.
• Each agreement would be approved for an amount not to exceed $200,000 per year for an initial three-year term, with an optional two-year extended term, which provides the flexibility to use one or both firms depending on work demand.

FISCAL IMPACT
Both agreements combined could cost up to $200,000 annually, or $600,000 during the initial three-year terms, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. Funds are available in the Capital Improvement Project (CIP) technical account for these services (401-0000-60108). The total amount budgeted for FY 2023/24 is $200,000 for these services; Staff cannot exceed the $200,000 budget without Council approval. The following is the proposed annual budget for both the initial and extended terms for on-call survey services:

Initial Term: Budget
FY 2023/24 $ 200,000
FY 2024/25 $ 200,000
FY 2025/26 $ 200,000
Possible Extended Term:

FY 2026/27 $ 200,000
FY 2027/28 $ 200,000
TOTAL: $1,000,000
CONSENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
In May 2023, the City published a RFP for on-call surveying services and received nine proposals. The selection committee reviewed the proposals and both NV5, Inc. and MSA Consulting were selected as the top ranked firms based on qualifications and cost efficiency; the proposed agreements are enclosed as Attachments 1 and 2 respectively.

The contract authority would allow Staff to utilize either consultant for the full not to exceed budget of $200,000; the monthly invoices would be tracked to ensure that the $200,000 annual budget for these services is not exceeded. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments.

ALTERNATIVES
Council may elect not to approve or to modify either agreement.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement with NV5, Inc.

2. Agreement with MSA Consulting
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and NV5, Inc., a Corporation, etc., with a place of business at 42-829 Cook Street, Suite 104, Palm Desert, CA 92211 (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on-call survey, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be ATTACHMENT 165 Click Here to Return to Agenda
-2-
performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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-3-

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and MSA Consulting, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended for 68 Click Here to Return to Agenda
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two additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) NV5, Inc.
42-829 Cook Street Suite 104
Palm Desert, CA, 92211
ATTN: Jay Fahrion
(b) NV5, Inc.
42-829 Cook Street Suite
104 Palm Desert, CA, 92211
ATTN: Mike Stys, GISP
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers 69 Click Here to Return to Agenda
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restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory 70 Click Here to Return to Agenda
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performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5. INSURANCE.

6. INDEMNIFICATION.

7. RECORDS AND REPORTS.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 72 Click Here to Return to Agenda
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changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 73 Click Here to Return to Agenda
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Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for 74 Click Here to Return to Agenda
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termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 75 Click Here to Return to Agenda
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Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

10. MISCELLANEOUS PROVISIONS.

To City:

CITY OF LA QUINTA
Attention:
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of 77 Click Here to Return to Agenda
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any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:

CONTRACTING PARTY:

By:

Name: Mike Stys, GISP
Title: Sr. Vice President, Geomatics Operations
Officer
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A

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Exhibit A
Scope of Services
SCOPE OF SERVICES:
• Survey Control – will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed.
• Right of Way and Monuments – Right of way survey, Prepare legals and plats, record of survey, prepare and provide corner records.
• Topographic Survey and Base Mapping - Design Topographic Survey and Base Mapping Research and assemble survey records to establish locations of street centerlines, street rights-of-way, and easements. Perform either an aerial topographic and/or field survey of the project area to provide sufficient level of detail required for precise design, develop cross sections, and provide accurate quantities. All centerline monuments shall be located, and survey information shall extend a minimum of 10-feet beyond the street right-of-way.

Survey data will include, but not be limited to, trees over 2-inches in diameter, buildings, walkways, sidewalks, access ramps, driveways, curbs, gutters, cross gutters, edge of pavement, asphalt berms, fire hydrants, water valves, manholes, water meters, signs, streetlights, power poles, mailboxes, walls, fences, structures, traffic signal poles, and all other visible features. • Clearing/Removals – one set of reference stakes or marks at 200-foot intervals on tangent line and 100 feet on curves will be set along the limits of the construction area or Right-of-Way for clearing purposes. • Rough Grade – (A) One set of grid stakes at 50-foot intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes at 25-foot intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25-foot intervals, grade breaks and angle points with cut or fill to finish surface. • Finish Grade – (A) Provide one set of stakes to delineate at 25-foot intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25-foot intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications – prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan.
• Retaining/Garden Wall – Provide one set of offset, line and grade stakes for 80 Click Here to Return to Agenda
Exhibit A

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wall construction set at 50-foot intervals with appropriate cut or fill to top of footing.
• Bridge Structures – Provide one set of stakes for foundation layout and deck grades.
• Entrance Structures – Provide one set of stakes with appropriate cut or fill for the construction of entrance structures.
• Building Foundations – Provide one set of stakes at an offset of 10’ x 10’ to the building corners, one stale per corner with grades to the finish pad. • Water, Sewer, Storm Drain, or Irrigation Lines – Provide one set of offset stakes at 50-foot intervals with grades to finish surface.
• Drainage Boxes – Provide one set of stakes at a 5-foot offset to centerline of box with grades to top of grate.
• Tree Locations – Provide one stake at centerline of each tree location. • Project Administration – The Surveyor of Work shall be available during the length of the project to address any questions or concerns which may arise.

Three sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of receipt of the “Staking Request” for the said work. • Office Calculations – Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. 81 Click Here to Return to Agenda
Exhibit A

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its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 83 Click Here to Return to Agenda
Exhibit A

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(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and MSA Consulting, of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

COMPLETE PRICING LIST (OR FEE SCHEDULE)
NV5, INC.

City of La Quinta
2023 Rate Schedule
Technical Services
Engineering Aide/Planning Aide ................................................................................................. $55.00/hour Project Assistant .............................................................................................................................. $70.00/hour Project Administrator ..................................................................................................................... $85.00/hour CADD Technician I ....................................................................................................................... $90.00/hour CADD Technician II ................................................................................................................... $110.00/hour CADD Technician III .................................................................................................................. $115.00/hour Senior CADD Technician/Designer ......................................................................................... $120.00/hour Design Supervisor ......................................................................................................................... $130.00/hour Professional
Junior Engineer/Planner/Surveyor ............................................................................................. $75.00/hour Assistant Engineer/Planner/Surveyor ...................................................................................... $100.00/hour Associate Engineer/Planner/Surveyor ..................................................................................... $115.00/hour Senior Engineer/Planner/Surveyor ........................................................................................... $150.00/hour Manager .......................................................................................................................................... $185.00/hour Structural Engineer ....................................................................................................................... $150.00/hour Associate ......................................................................................................................................... $165.00/hour Principal .......................................................................................................................................... $210.00/hour Field:

Prevailing Wages Surveying
1-Person Survey Crew ................................................................................................................... $170.00/hour 2-Person Survey Crew .................................................................................................................. $275.00/hour Non-Prevailing Wages Surveying
1-Person Survey Crew .................................................................................................................. $135.00/hour 2-Person Survey Crew .................................................................................................................. $200.00/hour Survey Manager ............................................................................................................................. $185.00/hour Expenses:

Plotting and In-house Reproduction .............................................................................................. 1.15 x Cost Subsistence .......................................................................................................................................... 1.15 x Cost Other Expenses – Including Subconsultants & Purchased Services through Subcontracts . 1.15 x Cost Mileage – Outside local area ........................................................................................... Per accepted IRS rate Rates based on “Prevailing Wage” for Construction Management and Surveying will be determined by Project and County per California Law. Prevailing Wages rates may require adjustment based upon new rate determination by the Department of Industrial Relations. All other rates are effective through June 30, 2024. If contract assignment extends beyond that date, a new rate schedule may be added to the contract.

City of La Quinta | On-Call Survey Services
Exhibit B

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Exhibit C

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Project Schedule:

The following is the Project Schedule for the following types of survey work. • Construction Staking
• Design Survey
• Legal Description and Plat
Construction Staking
• Day 1 Notice-to-Proceed (NTP): Attain approved drawings and CADD file from the City.
• Day 2 Set-Up Project: Prepare cut sheets for field work) • Days 3-4 Construction Staking: Provide Construction Staking for the project. • Day 5 Cut Sheets and Staking Report: Deliver cut sheets and staking report to the City.

Design Survey
• Day 1 Notice-to-Proceed: Research local records for survey control. • Day 2 Set-Up Project: Set up project for Survey Crew. • Day 3 Field Survey: Survey Crew to provide field survey and data back to office.
• Days 4-6 Field Survey: Map field survey, provide survey information to City in CADD format. Prepare and process corner record if necessary.

Legal Description and Plat
• Day 1 Notice-to-Proceed (NTP): Review information provided by city (supporting documents and title report)
• Day 2-4 Legal Description and Plat: Prepare legal description and plat send to City for review
• Day 5 Sign and Seal Documents: Sign and seal documents, then deliver to the City
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Exhibit D

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Exhibit D
Special Requirements
None.
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Exhibit E

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Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

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If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

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E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

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any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

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.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 93 Click Here to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 95 Click Here to Return to Agenda
96 Click Here to Return to Agenda

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and MSA Consulting, Inc., a Corporation, with a place of business at 34200 Bob Hope Drive Rancho Mirage, CA 92270 (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, ATTACHMENT 297 Click Here to Return to Agenda
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and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and NV5, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended for 100 Click Here to Return to Agenda
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two additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
ATTN: Luke Beverly
(b) MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
ATTN: Julian A. De La Torre, P.E.,
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in 101 Click Here to Return to Agenda
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concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents 102 Click Here to Return to Agenda
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that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5. INSURANCE.

6. INDEMNIFICATION.

7. RECORDS AND REPORTS.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 104 Click Here to Return to Agenda
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changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 105 Click Here to Return to Agenda
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Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for 106 Click Here to Return to Agenda
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termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 107 Click Here to Return to Agenda
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Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

10. MISCELLANEOUS PROVISIONS.

To City:

CITY OF LA QUINTA
Attention: Julie Mignogna
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

MSA CONSULTING, INC.

Attention: Luke Beverly
34200 Bob Hope Drive
Rancho Mirage, CA 92270

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of 109 Click Here to Return to Agenda
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any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation

JON McMILLEN, City Manager
City of La Quinta, California
Dated:

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A

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Contracting Party shall require the same of all subcontractors.

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and NV5, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements.

The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Initial Term:
“Not to exceed” Year 1: $200,000.00
“Not to exceed” Year 2: $200,000.00
“Not to exceed” Year 3: $200,000.00
Possible Extended Term:
“Not to exceed” Year 4: $200,000.00
“Not to exceed” Year 5: $200,000.00
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City of La Quinta – RFP for On-Call Survey Services (P1666) May 23, 2023 | Page 15
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com

PRICING AND PROJECT ORGANIZATION

FEE SCHEDULE & COMPLIMENTARY SERVICES
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Exhibit C

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Exhibit D
Special Requirements
None.
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Exhibit E

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Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

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If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

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E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

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La Quinta City CouncilJune 20, 2023

La Quinta City Council
June 20, 2023