Agenda packet — La Quinta City Council, June 18, 2024 (part 2 of 4)

Exhibit A
Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City’s right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a strict attention to details. Plan check services may include, but are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer’s Cost Estimate for the related items of work for bonding purposes • Engineer’s Reports including Fugitive Dust Control (PM10) Plans, Storm Water Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
• To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o Americans with Disabilities (ADA) Standards
o The City’s Subdivision Plan Check Lists
o Other Agency Requirements such as Riverside County Flood Control District (RCFCD), Coachella Valley Water District (CVWD) and CalTrans • To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City’s most current Plan Check Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or Conditions of Approval. o Will be potentially unsafe to the public.
o Is impractical to construct.

Orientation:

Consultant shall meet with City staff to:
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o learn the City development plan check process;
o acquire text files and boiler plate documents as they apply; o acquire understanding of key issues that need attention during the plan check process;
o establish ongoing operating procedures between City staff and the Consultant for the on-call services.

On-Call Services:
• Report to City Hall when called upon to pick up project documents for review, and meet with city staff, as needed, to be briefed on project particulars; • Field review project with City staff, as needed, to address unique aspects of the proposed project;
• Attend scheduled development review meetings, as needed, to brief City staff on findings and coordinate additional relevant details and preparation.

Specific Individual, not a Consulting Team:
a. Regardless of how many qualified professionals employed by the consulting firm proposing to provide the on-call services, the firm shall designate a specific individual for the assignment. The City does not want a “team” of individuals assigned to provide the services. If the designated individual providing the on-call services leaves the firm, it shall be considered grounds for contract termination, at the City’s sole option.
b. The individual assigned to provide the services must be a California Registered Engineer. The individual should possess a four-year civil engineering degree and have five (5) years of experience in plan checking, preferably in the municipal sector, and be well versed in the development plan check process.
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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 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, 138 CLICK HERE to Return to Agenda
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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.

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.

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. 139 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.

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. 140 CLICK HERE to Return to Agenda
Exhibit B

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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 One Hundred Thousand Dollars ($100,000.00) (“Contract Sum”) per year for the life of the Agreement, encompassing the initial and any extended terms. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annal 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 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: $100,000.00
“Not to exceed” Year 2: $100,000.00
“Not to exceed" Year 3: $100,000.00
Possible Extended Term:
“Not to exceed” Year 4: $100,000.00
“Not to exceed” Year 5: $100,000.00
Plan Check Compensation
Plan check payment shall be made in full at a “fixed fee” rate of:
$ 900 per sheet (submittals with 1-5 sheets in quantity) $ 875 per sheet (submittals with 6-15 sheets in quantity) $ 850 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale.

Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer’s cost estimates, conditions of approval, tentative tract and parcel maps. 141 CLICK HERE to Return to Agenda
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Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City.

Consultant receives no additional compensation for travel to and from City Hall.

This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including Water Quality Management Plans (WQMP) or other engineering reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement.

Compensation for the first three plan checks shall be distributed at the following schedule:

First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement.

If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check,100% of the plan check fee will be paid upon completion of the final plan check.

The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule.

Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable.

Payment shall be made in full at an hourly rate of:
$ 225 per hour – no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. 142 CLICK HERE to Return to Agenda
Exhibit B

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Rates
Classification Hourly Rate
Project Manager $285
Principal-in-Charge $295
QA/QC Manager $285
Assistant Project Manager $225
Senior Civil Plan Checker $215
Civil Plan Checker $155
Assistant Civil Plan Checker $135
Environmental Associate $175
Civil Plan Checker (Telecom/Fiber) $190
Engineering Technician $100
Rates
Our hourly fees/rates shall remain effective for one year from contract execution, and may be adjusted annually thereafter as negotiated with and agreed to by the agency. 143 CLICK HERE to Return to Agenda
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.

OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice.

SCHEDULE
The Consultant shall adhere to the following plan check schedule:

Plan Submittal Plan Check Turn-Around (From Receipt from City Staff) 1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed.
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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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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 Contracting Party’s performance under this Agreement. If Contracting Party or 146 CLICK HERE to Return to Agenda
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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.

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

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. 147 CLICK HERE to Return to Agenda
Exhibit E

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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.

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.
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Exhibit E

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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 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.

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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 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. 150 CLICK HERE to Return to Agenda
Exhibit E

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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. 151 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. 153 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 NV5, Inc., a California Corporation, with a place of business at 42829 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 Public Works Development Plan Check, 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.

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

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not 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. 155 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) 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 annal aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and HR Green Pacific, 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.

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 156 CLICK HERE to Return to Agenda
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this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

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

3. PERFORMANCE SCHEDULE.

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

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. 157 CLICK HERE to Return to Agenda
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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, 2024, and terminate on June 30, 2027 (“Initial Term”). This Agreement may be extended for two (2) 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) Tamara O’Neal, PE, Director of Municipal Services
Telephone No.: (858) 385-0500
Email: [email protected]
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 Bryan McKinney, PE, Public Works Director/City Engineer, 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 158 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 159 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 160 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. 161 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 163 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.

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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

NV5, Inc.

Attention: Tamara O’Neal, PE
42829 Cook Street, Suite 104
Palm Desert, California 92211

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: Jeffrey M. Cooper, PE
Title: EVP, Chief Operating 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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Orientation:

Consultant shall meet with City staff to:
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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 One Hundred Thousand Dollars ($100,000.00) (“Contract Sum”) per year for the life of the Agreement, encompassing the initial and any extended terms. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annal aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and HR Green Pacific, 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 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: $100,000.00
“Not to exceed” Year 2: $100,000.00
“Not to exceed" Year 3: $100,000.00
Possible Extended Term:
“Not to exceed” Year 4: $100,000.00
“Not to exceed” Year 5: $100,000.00
Plan Check Compensation
Plan check payment shall be made in full at a “fixed fee” rate of:
$ 595 per sheet (submittals with 1-5 sheets in quantity) $ 625 per sheet (submittals with 6-15 sheets in quantity) $ 675 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale.

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Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City.

Consultant receives no additional compensation for travel to and from City Hall.

Compensation for the first three plan checks shall be distributed at the following schedule:

The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule.

Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable.

Payment shall be made in full at an hourly rate of:
$ 205 per hour – no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. 174 CLICK HERE to Return to Agenda
6&+('8/($6(59,&(7(506&+('8/(
COST PROPOSAL (ATTACHMENT 6)
Hourly Rates
081,&,3$/6(59,&(6 +285/<5$7(

3URJUDP3URMHFW'LUHFWRU $220
3URMHFW0DQDJHU $215
Senior Civil Engineer $205
City Engineer $190
$VVLVWDQW3URMHFW0DQDJHU $190
Associate Engineer
Plan Check Engineer III $190
Plan Check Engineer II
Plan Check Engineer I $155
3XEOLF:RUNV7HFKQLFLDQ $92
3HUPLW7HFKQLFLDQ $92
5(,0%856$%/((;3(16(6 &267
5HSURGXFWLRQ Cost
Consultant Services Cost + 15%
$XWRPRELOH7UDQVSRUWDWLRQ SHU,56VWDQGDUG
'HOLYHU\)UHLJKW&RXULHU Cost
$JHQF\)HHV Cost
&RPPHUFLDO7UDYHO Cost

$VVXPHVSUHYDLOLQJZDJHVDUHDSSOLFDEOHIRUÀHOGZRUN

5HJXODUUDWHV:RUNLQH[FHVVRIKRXUVDQGZRUNRQ6DWXUGD\VZLOOEHELOOHGDWWLPHVWKHUHJXODUUDWH:RUNLQH[FHVVRIKRXUV and work on Sundays and Holidays will be billed at 2 times the regular rate. &LW\RI/D4XLQWD_2Q&DOO(QJLQHHULQJ3ODQ&KHFNLQJ6HUYLFHV 175
19_19
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Exhibit C

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SCHEDULE
The Consultant shall adhere to the following plan check schedule:

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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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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.

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.

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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. 182 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING AND RESEARCH, INC. FOR ON-CALL PLANNING SERVICES

RECOMMENDATION
Approve Agreement for Contract Services with Terra Nova Planning and Research, Inc. for on-call planning services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The Planning Division uses on-call planning services during peak workloads and as needed for expertise on special and complex planning projects. • Staff is proposing a Select Source contract with Terra Nova Planning and Research, Inc. (Terra Nova) due to ongoing planning services on the current Sphere of Influence study and other entitlement planning projects.

FISCAL IMPACT
Agreement costs are not to exceed $60,000 per fiscal year (FY), for a 3-year term with the option to extend for 2 additional years, for a grand total of $300,000 for the life of the agreement. Funds will be budgeted annually in accordance with the agreement in the Planning Professional Services account no. 101-6002-60103.

Fiscal Year (FY) Cost
FY 2024-25 $60,000
FY 2025-26 $60,000
FY 2026-27 $60,000
Initial Term Total: $180,000
FY 2027-28 $60,000
FY 2028-29 $60,000
Possible Extended Term Total: $120,000
Grand Total: $300,000

BACKGROUND/ANALYSIS
The Planning Division uses on-call planning services during peak workloads and as needed for expertise on special and complex planning projects.

CONSENT CALENDAR ITEM NO. 8
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In 2019, the City published a Request for Proposals (RFP) for on-call planning services and received 7 proposals; Terra Nova was selected as the top contender; and an agreement was executed which expires June 30, 2024.

Terra Nova provides the following services:
• Planning project management for specialized and complex projects. • Prepares specialized planning studies and parking surveys. • Prepares environmental review documents (California Environmental Quality Act and National Environmental Policy Act), for the Planning Division and Public Works Department.
• Conducts complex technical research and land use work activities including reviewing development applications.

Over the last contract term with Terra Nova, they have prepared several planning studies including the Housing Element update, Municipal Code updates, special environmental studies for several Capital Improvement Projects and have assisted with the processing of entitlement applications, acting in a contract staff capacity for several projects. They are currently preparing studies for and are assisting with research and outreach regarding the City’s Sphere of Influence, which is ongoing. Based on Terra Nova’s experience, past performance, competitive cost, and familiarity with the City’s planning regulations and review process, staff is proposing a new agreement (Attachment 1) for a 3-year initial term with a 2-year extension option.

ALTERNATIVES
Council may elect not to approve the agreement or revise the term.

Prepared by: Cheri L. Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director Attachment: 1. Agreement for Contract Services with Terra Nova 186 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 Terra Nova Planning and Research, Inc., a Corporation, (“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 special planning studies and on-call planning services 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 firstclass 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 1 187 CLICK HERE to Return to Agenda
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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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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 Sixty Thousand Dollars per year ($60,000), 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.

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 189 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.

3.4 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, 2024, and terminate on June 30, 2027 (“Initial Term”). This Agreement may be extended for one additional two (2) year term 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) Nicole Criste
Telephone No.: 760-341-4800
Email: [email protected]
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 Cheri Flores, Planning Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

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

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 193 CLICK HERE to Return to Agenda
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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.

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 194 CLICK HERE to Return to Agenda
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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.

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

8. ENFORCEMENT OF AGREEMENT.

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 195 CLICK HERE to Return to Agenda
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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.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 196 CLICK HERE to Return to Agenda
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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 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. 197 CLICK HERE to Return to Agenda
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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.

10. MISCELLANEOUS PROVISIONS.

To City:

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

Terra Nova Planning and Research
Nicole Criste
42635 Melanie Place, Ste 101
Palm Desert, CA 92211

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 198 CLICK HERE to Return to Agenda
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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.

10.10 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
[See Attached]
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Exhibit B

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Initial Term:
“Not to exceed” Year 1: $60,000
“Not to exceed” Year 2: $60,000
“Not to exceed” Year 3: $60,000
Possible Extended Term:
“Not to exceed” Year 4: $60,000
“Not to exceed” Year 5: $60,000
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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 directed by the City in the time allowed by the contract term.
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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:

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.

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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.

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. 210 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NAI CONSULTING, INC. FOR CAPITAL IMPROVEMENT PROGRAM PROJECT

MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES

RECOMMENDATION
Approve agreement for contract services with NAI Consulting, Inc. for Capital Improvement Program project management and professional engineering services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• NAI Consulting, Inc. (NAI) provides project management and engineering services related to the City’s Capital Improvement Program (CIP), which includes State, Federal, and Community Development Block Grant (CDBG) funded projects. • NAI is best qualified to provide on-call project management and professional engineering services and was selected through the competitive Request for Proposals (RFP) process completed in May 2024.
• In 2019, following an RFP selection process, the City contracted with NAI, selected as the winning proposal, for these services; the existing agreement expires on June 30, 2024.

FISCAL IMPACT
Annual compensation is $600,000 per fiscal year (FY). Funds will be budgeted in the CIP project budgets, and the Engineering Services Consultants account 101-7006-60104 for special projects, for each FY through the term of the agreement.

BACKGROUND/ANALYSIS
NAI is a local firm that has provided the City with contract project management, project design, and State and Federal funding administration services since 1997. NAI provides specialized technical expertise that staff does not possess.

In May 2024, staff published an RFP, and three proposals were received. NAI is the most cost effective and best qualified firm.

CONSENT CALENDAR ITEM NO. 9
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The proposed agreement with NAI, is for a three-year term, beginning July 1, 2024, through June 30, 2027, at a not to exceed compensation amount of $600,000 per FY, with an option to extend for one additional two-year term (extended term) (Attachment 1).

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services
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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 NAI Consulting, Inc., A California Corporation, with a place of business at 68-955 Adelina Road, Cathedral City, CA 92234 (“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 CIP Project Management and Engineering Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”).

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

ATTACHMENT 1
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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. 216 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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 Six Hundred Thousand Dollars ($600,000.00) 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.

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 217
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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, 2024, and terminate on June 30, 2027 (“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) Lorissa Gruehl, PE, Senior Civil Engineer
Telephone No.: (760) 323-5344
Email: [email protected]
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 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.
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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 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 220 CLICK HERE to Return to Agenda
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Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

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 221 CLICK HERE to Return to Agenda
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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.

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 222 CLICK HERE to Return to Agenda
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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.

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

8. ENFORCEMENT OF AGREEMENT.

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 223 CLICK HERE to Return to Agenda
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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.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 224 CLICK HERE to Return to Agenda
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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 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. 225 CLICK HERE to Return to Agenda
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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.

10. MISCELLANEOUS PROVISIONS.

To City:

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

NAI Consulting, Inc.

Attention: Lorissa Gruehl, PE
68955 Adelina Road
Cathedral City, CA 92234

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.
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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: Lorissa Gruehl, PE
Title: Senior Civil Engineer
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
Design Engineering
Preparation of plans and specifications for capital improvement projects of varying complexity.

Services may include civil engineering and structural design work, preparation of preliminary plans and cost estimates, necessary fieldwork, identification of alternatives, drafting, design, and other civil engineering related work as needed. Preparation of engineering reports and studies on a variety of subjects. Use of AutoCAD software to prepare project plans.

Project Management
The City is looking for a qualified engineering and project management firm to provide project management support to City Staff for various capital improvement projects (CIP), including State and Federally funded projects, projects of varying complexity, budget, and size, and all phases of design and project management. The consultant will be responsible for maintaining compliance with Caltrans Local Assistance Procedures Manual (“LAPM”), or other required agencies, for all State or Federally funded projects. It is expected that the identified project manager(s) will be the point of contact between the City and project consultants, including but not limited to design engineer and construction management firms. The project manager(s) will have authority and responsibility to act on the City’s behalf in terms of interactions with the public and other project stakeholders.

Duties of the selected firm and their project manager(s) include, but are not limited to:
• Project scoping during the planning or preliminary design phase. • Securing necessary right-of-way, easements, and/or grading permits required for projects.
• Preparation and acquisition of any required permits.
• Preparation of project plans and specifications for bidding; conducting prebid meetings, as needed; preparation of addendums to bid documents; and attending bid openings. • Participate in procurement, selection and contract negotiation processes, and provide contract management of engineering design and other CIP project contracts. • Identifying project stakeholders, both internal to the City and external, and engaging with them throughout the planning, design, and construction phases of the project as necessary.
• Preparation of, and/or support to staff, for grant applications, as needed. • Preparation and submittal of all documents necessary for coordination, approvals, funding reimbursements and reporting to State and Federal funding agencies. • Planning, conducting, and/or providing support/information to staff for public engagement meetings, as needed.
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Exhibit A

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• Coordination with other City departments, local agencies, private utility companies, consultants, and members of the public, as needed.
• Survey coordination.
• Construction engineering support.
• Prepare and/or manage the City’s Development Impact Fee Update, as needed. • Provide support for issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
• Provide support for Measure A ½ Cent Sales Tax Capital Improvement Plan and Maintenance of Effort requirements.
• Provide support for preparation of the City’s 5-Year Capital Improvement Plan. • Any other items required for the successful design and/or execution of projects. • Use of AutoCAD software to prepare project plans.
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Exhibit A

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Contracting Party shall require the same of all subcontractors.

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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 15 EXPLANATION OF METHODOLOGY
Design Engineering Services
The following tasks detail our understanding and
approach to a generic transportation project. This
hypothetical scope of work program describes the
effort needed for the preparation of construction
documents, including final design plans,
specifications, and construction cost estimates. NAI
always will employ value engineering techniques to
analyze design/construction alternatives that may
improve the design or make the project more costefficient.

The following tasks are ones that NAI can carry out as the lead designer or as a project manager.

Project Coordination
To facilitate the review and approval process, we will work closely with the key individuals at the City who are responsible for the review of specific elements of the project and will submit draft copies of significant work items before the milestone submittal date. This gives us a clear understanding of what the reviewers expect, and they have a preview of what will be submitted before the actual submittal is made. Our past experience working on projects with City oversight has taught us the importance of maintaining accurate and detailed meeting minutes, decision logs, and action item lists during the project development process. Utilizing this technique documents decisions, ensures consistency in decisions, and provides a concise list of tasks to be accomplished by each participant and a specific time schedule to complete the task.

We will hold a meeting with the City prior to beginning any significant work. The purpose of this meeting is to:
• Solicit input regarding the goals for the project desired by each agency. • Agree on the intended scope of the project.
• Agree on the basic design standards to be met.
• Review the status of design and plan preparation for other street improvements or development projects near or adjacent to the proposed project site and obtain any mapping and design file information that may be available for these other projects.

Review Existing Information
Once we have prepared the final scope documents and are issued a Notice to Proceed, we will begin the design phase of the project. This will consist of research and data collection, reviewing the documents provided by the City, coordination and investigation, field surveying, utility identification, and pavement evaluation.

We will prepare our preliminary plans based on information obtained from our research, data collection, survey, and pavement testing. After 65% review and approval by the City, we will incorporate comments and begin work on the final PS&E.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 16 Field Survey
NAI can obtain a surveyor or NAI can coordinate with one of the City’s on-call surveyors. We will coordinate encroachment permits for surveys, not within the City's right-of-way.

In addition to cross-section surveys, the surveying task will locate all existing structures and improvements within and behind existing street right-of-way and adjoining streets in areas of the proposed improvements that may be pertinent to or in conflict with the proposed design and identifying surface features that may not have been visible in aerial photographs. This may include such features as structures, utility poles, fire hydrants, catch basins, signs, water valves, manholes, driveways, and walkways.

Utility Conflict Map/ Utility Coordination
NAI will consult, coordinate, and perform related follow-ups with the affected utility companies regarding the specific project-imposed impact locations to identify design controls and considerations necessary for plan preparation and approvals. Requests for information will include requests for future utility projects that may be affected by the proposed improvements. We will keep the City informed of the contact with the utility companies. Plan submittals will be forwarded to the utility companies for verification of their facilities known by them. The existing franchise agreements with each affected utility will determine whether the plans indicate the necessary modifications/relocations to be performed as a part of the project or whether the utility company must perform and pay for their own work. This will be determined for each utility company and facility.

Right of Way and Permitting
If the project requires right of way, rights of entry, or encroachment permits, NAI can obtain a right of way consultant or surveyor as needed, or NAI can coordinate with the City’s on-call surveyor. Typical information and procedures may include recommendations for impacted areas, negotiated agreements, and coordination with the property owner or agency.

Geotechnical Information
If the project requires a geotechnical recommendation or street borings, NAI can obtain a Geotech or NAI can coordinate with the City’s on-call Geotech. Typical information and procedures may include recommendations for the location of borings, review of draft recommendations, and coordination.

Hydrology and/or Hydraulics
If the project requires a hydrology study and/or hydraulic calculations, NAI can obtain a firm to conduct the needed information. Typical information and procedures may include recommendations for the area of impact, proposed and existing roadway profile, recommendations for the size of storm to calculate, and coordination.

Geometric Base Maps
This task will include developing plans showing proposed geometry and other pertinent alignment data of the proposed engineering, including typical sections, profiles, superelevations, proposed right-of-way limits, approximate wall locations, and other clarifying information as necessary. They will be generated using the project report geometric plans. The geometric base maps (GBM) will be submitted to the City for approval before proceeding with the final design. The GBM will form the basis for the final design’s skeleton sheets.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 17 After the base sheets are developed, we will perform a field review to document existing field conditions and determine where additional information or field data may be required to provide adequate information to complete the conceptual widening alternatives and to confirm the location and type of utilities and other improvements.

Roadway Plans
NAI will prepare roadway design plans to satisfy the project requirements as follows:
• Street Widening – The plan set typically will include alignment, profile, and widening details. Utility relocations will be identified, and drainage improvements will be included as required. In most cases, roadway widening occurs in areas with existing improvements within the City’s right of way.

NAI will design the improvements to minimize conflicts to the furthest extent possible and will provide positive drainage at all driveways within the right of way to the furthest extent possible.

NAI will also design the profile to minimize the amount of existing pavement to be reconstructed. • Pavement Rehabilitation and/or Reconstruction– The plan set typically will include a plan view of the streets with the limits of each type of rehabilitation or reconstruction method, i.e., crack fill, slurry seal, grind and overlay, etc. NAI can make recommendations on the type of pavement rehabilitation/reconstruction method, or we can prepare the plans based on the recommendation of a geotechnical report. The plans will show all valves and manholes in the pavement that the Contractor will need to raise/lower or cover to protect in place depending on the rehabilitation method. For reconstruction projects the plan set will include an alignment, profile, and reconstruction details. The profile may be omitted depending on if the profile will be adjusted. If the profile changes significantly, the plans will identify utility line conflicts. • Median Addition – The plan set will include an alignment and profile. The profile may be omitted depending on whether positive drainage can be maintained along the alignment if placed at the existing elevation on the road. This cannot be typically maintained at new left turn pockets since the curb is typically placed on the opposite side of the crown.

Where the City does not wish to reconstruct the pavement, a curb opening can be designed to prevent water from ponding at low spots. Where landscape medians are requested, NAI can contract with a Landscape Architect or coordinate with one of the City’s on-call Landscape Architects. The plans will identify utility line conflicts. • ADA-Compliant Sidewalks and Access Ramps – The plan set will include the limits and special details where required to reconstruct or install an ADA-compliant sidewalk. The scale to prepare sidewalk and access ramp plans is typically 1”=20’ or 1”=10’ depending on the length so that adequate detail can be shown. NAI will verify that the location where the sidewalk joins is ADAcompliant. NAI will verify that the sidewalk can be constructed to ADA standards. If it cannot, special details such as short retaining walls will be designed. NAI will inspect each existing ramp to determine the most cost-efficient way to bring the ramp into compliance. For instance, if a curb ramp meets all standards except it does not have truncated domes. The curb ramp will be protected, and domes will be added.

Traffic Plans
NAI is capable of preparing signing and striping, and traffic control plans for the roadway project we are designing. However, NAI can also coordinate with the City’s on-call Traffic Engineer as needed. 236 CLICK HERE to Return to Agenda

ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 18 Contract Specifications/Bid Documents
Project Specifications will conform to the requirements of the Standard Specifications for Public Works Construction, City, and Caltrans Standard Specifications as applicable.

NAI will use the City’s boilerplate front-end documents and prepare final special provisions for items, details, materials, procedures, and other conditions not adequately covered by the City, Caltrans, or Public Works Standard Specifications. A listing and copy of all standard plans required for the project will be provided in the appendix, and copies of any plans used that are not standard will also be included.

After incorporating the first plan check comments, we will prepare final technical specifications and/or special provisions for the proposed construction work.

Construction Cost Estimates
NAI will prepare a preliminary estimate of probable construction costs for the project that will include a proposed bid item list, estimated quantity, line-item cost estimates, and estimate of construction working days for the improvements in accordance with City format. At the first plan check, NAI will develop a preliminary estimate of probable construction costs for comparison with previous project budget estimates.

After incorporating the first plan check comments, NAI will prepare the final estimate of probable construction costs for the project, including a proposed estimate of construction working days for the improvements per City format. NAI will refine the preliminary estimate and provide quantity take-offs with appropriate unit prices and extensions.

Quality Assurance/Quality Control
Quality Assurance / Quality Control is a key element of NAI’s overall approach to the management and control of the work. This helps ensure the City will be receiving a successful project on time and within budget.

As part of the program, a competent designer will review the work provided by the project engineer.

During this review, the checker will mark up the plans and discuss any proposed changes with the project engineer. Changes to the plans, specifications, and calculations are only made after the differences are reconciled.

Final PS&E Package
After incorporating review comments for the plans, specifications, and cost estimate, NAI will submit an electronic copy of all documents prepared for the project. At the request of the City, NAI will also submit bond hard copies of the final package.

Bid Support/Construction Support
The NAI team will perform support services for the City during the advertising, bidding, and construction of the project as requested. These services will include written interpretation and clarification regarding the intent of the plans, specifications, and special provisions. NAI will provide a professional review of shop drawings and contractor submittals for conformance to the bid documents. NAI will also provide recommendations on progress pay estimates and change requests. Upon completion of construction, NAI will perform a field review, include the contractor’s as-built redlines, and provide record drawings to the City.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 19 PROJECT MANAGEMENT SERVICES
General Contract Management
As detailed in the requested services, NAI will actively manage the consultant contracts as assigned.

This will include attending PDT meetings, reviewing schedules, approving consultant invoices, managing project submittals, and maintaining project budgets. Without this active management, we have found that many contacts will stagnate as the consultants lose direction of the project needs.

Coordination with Various Funding Partners
Administering regional, county, state, or federal funding begins with the grant application and does not end until the final report of expenditures is accepted and final payment is received by the city. NAI has successfully delivered several hundred million dollars’ worth of projects partially funded with grant monies.

NAI’s Project Team has a better than average understanding and working knowledge of the various grant requirements and/or procedures and stays current on the ever-changing environment. This knowledge and experience will ensure the successful delivery of capital projects that are partially funded with these restricted sources.

Our team knows that there are state and federal regulations that extend beyond the life of a single project.

Every year the City must submit updated DBE and ADA forms specifying how the local agency is planning to comply with these federal requirements throughout the year. Every five years, the City must update its Quality Assurance Program (QAP) to ensure that the construction material testing and certifications are kept current.

We know all of these ancillary state and federal requirements and will assist the City in maintaining good standing with Caltrans Local Assistance. We will be responsible to track and update the DBE/ADA annual forms in accordance with LAPM Chapter 9 "Civil Rights and Disadvantaged Business Enterprises” and ensure the City's QAP is in compliance with Caltrans procedures outlined in the Caltrans QAP Manual.

Coordination with Other Agencies and Stakeholders
As a representative of the City for each assigned project, NAI will maintain a positive relationship with other impacted agencies, stakeholders, and the public. This includes utilities agencies, flood control districts, regulatory agencies, the Coachella Valley Association of Governments (CVAG) and adjoining jurisdictions that share public improvements. As part of this on-going coordination NAI will hold stakeholder or public engagement meetings as necessary to ensure the project is well received and meets the expectations of everyone involved.

Prepare and Track Project Schedules
At the beginning of the fiscal year the NAI Team will meet with city staff and assist in prioritizing the delivery of each project listed within the city’s capital improvement program (CIP). NAI will prepare an overall critical path Gantt chart schedule which clearly illustrates when objectives for each project will be accomplished and the time relationship with other projects. This timeline “plan” is invaluable in managing staff workload, design consultant deliverables and anticipating approvals by city management and elected policy makers.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 20 Assistance During Bidding and Contractor Procurement This critical objective begins with the preparation of biddable specifications, constructible plans, and realistic engineer’s estimate (PS&E) package. The NAI Team fully experienced with city procedures and will respond to contractor requests for information (RFI), prepare any necessary addenda to the bid documents, prepare bid comparison summaries that compare the bids received to the engineer’s estimate and/or each other, perform due diligence on the low bidder, and prepare a staff report with award findings and recommendations for consideration by the City Council.

Project Scoping
When a project scope is complete and thorough, it is a powerful tool that can be used for many different documents, such as the CIP, staff reports, and funding applications. Typical items NAI prepares or coordinates are as follows:

1. Identify the project limits.

2. Identify above-ground utilities and other obstructions.

3. Identify existing right-of-way using parcel maps or other maps as available.

4. Research record drawings from the City’s database.

5. Layout proposed improvements for quantities and other potential impacts (utilities and right of way).

6. Coordinate Preliminary Hydrology as needed.

7. Coordinate a Traffic Study as needed - Typical information may include recommendations for signal synchronization, signal optimization, interconnect, and coordination.

8. Prepare detailed scope and assumptions.

9. Prepare the engineer’s estimate and add allowances for unknowns.

Consultant Procurement
The NAI Team has a strong working knowledge of the City’s Consultant Selection Process for both small and large projects. We will draft a comprehensive Request for Proposal (RFP) and/or Request for Qualifications (RFQ) that clearly defines the project scope and intent and identifies critical path schedule or administrative issues. We will negotiate the consultant’s scope of work, negotiate the right fee, prepare resultant professional services agreement, and prepare a staff report with consultant selection findings and recommendations for consideration by the City Council.

Project Status Coordination
The NAI Team will provide project-specific input to the department's “Master Schedule,” which provides a status of critical path project issues. We will be prepared to report all project matters related to budget, expected expenditures, and deliver schedule in the Departments monthly Master Schedule meeting or any necessary impromptu meeting. We will also prepare for and attend the bi-monthly meeting with Finance Department staff.

Prepare Staff Reports for City Council Consideration
We understand that the City typically prepares the required staff reports with support from the NAI Team.

However, when requested we will prepare the necessary staff reports to ensure the successful delivery of assigned capital projects.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 21 Grant Applications
One quality that NAI provides above managing grant funded projects is the ability secure the regional, state, or federal funding. Besides CVAG's well known 75% project funding support for projects listed in the Transportation Project Prioritization Study (TPPS) report, there are numerous other grant opportunities that we will assist and manage in applying. Common transportation grant opportunities include:

1. TBA Article 3 (SB821) Bicycle and Pedestrian Facilities through RCTC;

2. Congestion Mitigation and Air Quality (CMAQ) through CVAG;

3. Surface Transportation Block Grant (STBG) through RCTC;

4. Highway Safety Improvement Program (HSIP) through Caltrans;

5. Active Transportation Program (ATP) through CTC;

6. Highway Bridge Program (HBP) through Caltrans; and

7. State Transportation Improvement Program (STIP) through CTC.

As grant opportunities arise, we will work with the City in drafting the language in the application. We will prepare all the information necessary for successful application. 5 Year Capital Improvement Program Updates
NAI Consulting understands that the City prepares the Capital Improvement Program (CIP) with the assistance of NAI; however, at the City’s direction, NAI is ready, willing, and able to take the lead in preparing the CIP update yearly. We have prepared the City’s CIP in the past and have an intimate knowledge of the process. We understand the impact of early and frequent coordination with the various departments in the City to ensure that all projects and funding sources are identified and that priority projects are fully scoped and ready for implementation. There are many moving parts when preparing a CIP including ensuring that all funding is being allocated correctly and that together with the CIP, Measure A and SB1 funds need to be reviewed, updated, and forecasted.

Assistance with the Measure A ½ Cent Sales Tax Capital Improvement Plan and Maintenance of Effort Requirements
The Measure A ½ Cent Sales Tax policies and procedures were also developed by CVAG in conjunction with its TUMF Program. NAI has full knowledge of these requirements and will continue to advise the City on any matter necessary to remain in compliance to ensure the City’s local funding share is not forfeited.

Project Management and Control System
NAI utilizes a very basic but streamlined project management and control system. We track project history, deliverables, and action items with Microsoft Excel. This allows us to quickly update pertinent project information for minimal cost and very little training. To supplement the Project Status Sheets, we use Microsoft Project to track both a master schedule of all projects and a detailed schedule of individual projects.

By using Excel and Project, we ensure all of our clients have the same project management and control system tools to take over project delivery at any point. This approach fits with our vision of integrating seamlessly into our client support.

In addition to the project management and control system, NAI maintains a business cloud account with Citrix Sharefile. With Sharefile, we are able to provide our clients with unlimited cloud-based storage and document delivery as necessary. This service can be used to mirror all the NAI files associated with this as needed support so that the City can access everything NAI produces at any time. 240 CLICK HERE to Return to Agenda

ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 22 ADDITIONAL GRANT ADMINISTRATION SERVICES
Agency Coordination
Throughout the contract period, NAI will work closely with the Riverside County Transportation Commission (RCTC), the California Department of Transportation (Caltrans), and the California Transportation Commission (CTC) to ensure the City’s State and Federally funded projects are processed correctly.

Through RCTC, NAI will update the FTIP with appropriate project changes; provide a general City update to RCTC every two years; provide a list of projects to be included in the Regional Transportation Plan (RTP); and provide any funding, invoice, or other project related update request by RCTC.

In coordinating with the Caltrans Department of Local Assistance, NAI will document submittals, meeting requests, and maintaining an open communication channel. We will often contact Caltrans Local Assistance when preparing a document to discuss their initial feedback and to inform them of the pending submittal. If any comments are received, we are quick to correct the documents and return them to Caltrans so that our projects remain first in line.

For state funded projects, we will coordinate with the CTC to ensure correct and on-time submittals. In coordinating with the CTC, we work with both Caltrans and RCTC to ensure all project details are correctly outlined.

Assist with Consultant Selection for Federally Funded Projects NAI will coordinate with the City to identify the services required for each contract. Whether planning, environmental, design, right of way, or construction management, NAI will develop the scope of work programs to include in a Request for Proposals (RFP). In addition, NAI will prepare an Independent Cost Estimate to use during negotiations. NAI will use this estimate to determine the Disadvantaged Business Enterprise (DBE) goal for the RFP.

In accordance with Chapter 10 – Consultant Selection of the LAPM, NAI will prepare the RFP to select the most qualified firm for the services required. This will include reviewing the City’s standard RFP and adding any federal language necessary. NAI will also review the City’s standard Professional Services Agreement and add any additional federal aid clauses that are required.

NAI will coordinate with the City’s Consultant Selection Committee to ensure everyone has signed the Conflict-of-Interest Statements and is using the appropriate evaluation forms. As part of the Consultant Selection Committee, NAI will evaluate the submitted proposals and rank the consultants based on the evaluation form. NAI will review the scope and fee of the top ranked consultant and negotiate a fair and equitable price for the City.

For Contracts with federal reimbursement over $1M, once NAI and the City have negotiated a final contract with the top ranked proposer, NAI will assist the prime consultant in compiling the necessary financial documents for submittal to Caltrans. NAI will prepare the 10-C Form for Caltrans review and approval before the City can execute the final agreement. This task will include compiling any additional information or forms necessary for the complete submittal.

Review PES and Environmental Technical Studies
Transportation projects using federal funds must meet the requirements of the National Environmental Policy Act (NEPA) in addition to CEQA. The NEPA document must be accepted by Caltrans as part of their stewardship agreement with FHWA. As such, the City must submit a Preliminary Environmental Study (PES) to Caltrans that outlines the environmental setting for the project. 241 CLICK HERE to Return to Agenda

ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 23 As necessary, we will provide assistance in reviewing the PES form and any technical studies that may be required. We have thorough experience managing projects through the NEPA process and will provide invaluable experience on how to scope the environmental setting in the PES to avoid unnecessary and costly technical studies. We will also review technical studies to ensure the study is scoped properly to avoid unnecessary mitigation measures.

Our reviews will follow the guidelines outlined in LAPM Chapter 6, "Environmental Procedures", and the Caltrans Standard Environmental Reference (SER).

Review/Draft PS&E Certification
Prior to bidding any federally funded project the City must certify that the PS&E is prepared in accordance with all applicable local, state, and federal standards. Depending on the type of construction, whether or not the project is on the National Highway System (NHS), and the size of the project, Caltrans may or may not specify what design standards to use per LAPM Chapter 11, "Design Standards". This PS&E Certification also includes a checklist of federal contract language that must be included in the project specifications.

We will work with the consultant from the beginning of a design project to ensure proper design standards are used, and we will review existing PS&E documents to ensure all items in the PS&E Certifications are completed adequately. This may include securing any design exceptions or public interest findings as needed. The PS&E Certification will be completed in accordance with the guidelines outlined in LAPM Chapter 12, "Plans, Specifications, and Estimate".

Prepare City Boilerplate Specifications with State and Federal Provisions Project Specifications for State and federal aid projects must include additional provisions, including establishing DBE goals, and bidder forms for the bid to remain eligible for federal reimbursement. NAI will work with the currently adopted standard specifications for the City to include the additional provisions and forms.

The additional clauses can either be inserted into the general specifications section or we can create a new section titled "Special Federal Specifications". All language will be added in accordance with LAPM Chapter 12, "Plans, Specifications, and Estimate".

Review/Draft Utility Agreements
For State or Federally funded transportation projects, the City must determine who is fiscally responsible for the utility relocation or adjustment and have a utility agreement defining the roles of each agency. If the utility is responsible for adjusting their facilities (City has prior rights) then a simple utility agreement is adequate. If the City is responsible for adjusting the facility (utility has prior rights) then a Caltransspecific utility agreement is required along with Specific Authorization from FHWA for the relocation to be eligible for federal reimbursement.

Depending on the complexity of the project, we will either support the project by drafting utility agreements or we will review utility agreements prepared by others for conformance with Caltrans procedures. Utility agreements must be executed prior to receiving ROW Certification. All utility agreements will be prepared per the guidelines outlined in LAPM Chapter 14, "Utility Relocations.” 242 CLICK HERE to Return to Agenda

ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 24 Review/Draft ROW Certification
Before any federal project can begin the construction phase, the City must certify that it has secured all property rights and easements to all properties being accessed. This Right-of-Way (ROW) Certification is then submitted to Caltrans for review and approval. The ROW Certification could include full acquisitions with relocation assistance, possession and use agreements, temporary construction easements, and/or utility agreements among other items.

Depending on the complexity of the project, we will either support the project by drafting the ROW Certifications or we will review ROW Certifications prepared by others for conformance with Caltrans procedures. All ROW Certifications will be prepared per the guidelines outlined in LAPM Chapter 13, "Right of Way."
Assist with Bidding Procedures and Provide Construction Support For federally funded projects, we understand the challenges that cities face once the authorization to proceed with construction (E-76) is received. Before construction begins, we will sit down with the City and outline all federal construction requirements. We will assist the City in establishing bid advertising procedures as required, attending any pre-bid meetings, reviewing bid documents for federal compliance, preparing bid summary sheets, reviewing DBE goals and good faith efforts, and submitting the award package to Caltrans. During construction we will manage the construction management team by reviewing subcontractor request forms, labor compliance, progress payments, and contract change orders. We will ensure that the City complies with all guidelines outlined in LAPM Chapter 15, "Advertise and Award Project", Chapter 16, "Administer Construction Contracts", and the Caltrans Construction Manual as needed.

Prepare and Submit Request for Federal Project Number
A federal project number is required for all federally funded projects. Before we can submit any documents for Caltrans approval, we will need to apply for a federal project number. The request for federal project number will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". A field review form performed in accordance with LAPM Chapter 7, "Field Review", must be included with the request for federal project number.

Prepare and Submit Request for Allocation (State Funded Projects) A request for funding allocation is required for all state funded phases of a project. Typical phases of a capital improvement project subject to state funding include the Project Approval and Environmental Document (PA&ED) Phase; the Plans, Specifications, and Estimate (PS&E) Phase, the Right-of-Way (ROW) Phase, and the Construction (CON) Phase. Allocation is required prior to performing any reimbursable work beginning with the date that the CTC meets to approve the allocation. The request for allocations will follow the currently adopted guidelines established in the LAPG for each particular state funding source.

Prepare and Submit RFA for Federally Funded Projects
The request for authorization (RFA) is required for all federally funded phases of a project. Typical phases of a capital improvement project subject to federal funding include Preliminary Engineering (PE), ROW, Utility Relocations, and CON. Authorization is required prior to beginning any reimbursable work beginning with the date that the FHWA representative signs the project authorization document (E-76).

The RFA will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". Each RFA requires differing levels of project information. We will work closely with the City to ensure proper documentation is provided.
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 25 Assist with Project Funding Cost Adjustments
Throughout the life of a capital improvement project, the funding may need to be adjusted. This could occur if the project has cost overruns and requires additional funding from the grant administrator, or if the project needs to adjust funds within a specific phase of work, i.e. from Construction Engineering to the Construction Contract. We will prepare the finance letter and other appropriate documentation required for the cost adjustments, including any backup documentation required.

Assist with State and Federal Project Invoicing
Throughout the project, any state or federally funded phase requires diligent project invoicing. We will work hard to make sure that the City receives the programmed reimbursement in a timely manner.

Caltrans reimbursement requests must be submitted at least once every six (6) months, but not more frequently than once per month. Submitted invoices will follow the procedures outlined in LAPM Chapter 5, "Invoicing". We will maintain a log of all invoices paid on the project to contractors and consultants for quick reference when preparing the request for reimbursement. We will prepare the invoice backup and tracking log and bring it to the City for signature prior to mailing to Caltrans. We will quickly respond to any Caltrans comment and keep the City informed of all progress.

Prepare and Submit Final Report of Expenditures
Upon project completion, NAI will prepare and submit the Final Report of Expenditures for federal aid projects. We will work with the City to ensure the material certification is filled out properly, noting any exceptions. We will compile the contract change order summary, final detail estimate, and final inspection form. We will ensure the contractor submits final DBE paperwork prior to issuing the Notice of Completion to include in the Final Report of Expenditures. A successful project closeout is contingent upon following proper federal procedures throughout the life of the project, and we will be there every step of the way. 244 CLICK HERE to Return to Agenda
Exhibit B

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Initial Term:
“Not to exceed” Year 1: $600,000.00
“Not to exceed” Year 2: $600,000.00
“Not to exceed" Year 3: $600,000.00
Possible Extended Term:
“Not to exceed” Year 4: $600,000.00
“Not to exceed” Year 5: $600,000.00
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ON-CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES 11 NAI FEE SCHEDULE

NAME DISCIPLINE HOURLY RATE
Lorissa Nickerson PRINCIPAL CIVIL ENGINEER $195.00
Josh Nickerson PRINCIPAL CIVIL ENGINEER $195.00
Jose Cortez ASSOCIATE ENGINEER $127.00
Erika Sinohuiz ASSOCIATE PROJECT MANAGER $127.00
Diana Smith ADMINISTRATIVE SUPPORT $95.00
Stephanie Milette ADMINISTRATIVE SUPPORT $95.00
ADDITIONAL HOURLY FEES (WHEN APPLICABLE*)

NAME DISCIPLINE HOURLY RATE
PROJECT MANAGER $145.00-$175.00
SENIOR ENGINEER $145.00-$175.00
ASSISTANT PROJECT MANAGER $110.00
ASSISTANT ENGINEER $110.00
ADMINISTRATIVE ASSISTANT $75.00
*Additional hourly fees will only apply upon approval from the Contract Manager.

Please note that NAI Consulting will provide the reimbursable expenses (reproduction, messenger service, and postage) at cost without markup. 246 CLICK HERE to Return to Agenda
Exhibit C

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La Quinta City CouncilJune 18, 2024

La Quinta City Council
June 18, 2024