Avenue 52 and Monroe Street Traffic Signal.pdf

AVENUE 52 AND MONROE STREET

TRAFFIC SIGNAL

CITY PROJECT NO. 2023-02

REQUEST FOR

PROPOSALS

DUE BY:

November 16, 2026

BY 5 P.M.

REQUEST FOR PROPOSALS

The City of La Quinta is soliciting proposals from qualified and experienced Professional Engineering Consultants to prepare the plans, specifications and engineer’s estimate (PS&E), and provide bidding and construction support services for the Avenue 52 and Monroe Street Traffic Signal Project, City Project No. 2023-02.

Project/Services Title: Avenue 52 and Monroe Street Traffic Signal, City Project No.

2023-02 Issue Date: October 19, 2026 DUE DATE: November 16, 2026 Requesting Department: Public Works Department

GENERAL TERMS AND CONDITIONS

1. SUBMISSION REQUIREMENTS

Proposals can be submitted via email, and hand delivery or mail. All proposals must bear original or electronic signatures.

Submit one (1) paper original in a sealed envelope and email an electronic original, as a single document in a .PDF format, to the following contact:

City of La Quinta Attn: Felix De Leon, Senior Civil/Managing Engineer Address: 78495 Calle Tampico La Quinta, California 92253 Tel: (760) 777 – 7093 Email: fdeleon@LaQuintaCA.gov Email Subject: RFP – name as listed on the cover page

2. SUBMISSION RESTRICTIONS

All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or modifications will be considered. Proposals received after the due date and time are considered non-responsive and will be returned unopened.

3. QUESTIONS or REQUESTS FOR CLARIFICATIONS Any requests for clarification or other questions concerning this RFP must be submitted in writing by November 2, 2026; and sent via email to Felix De Leon, Senior Civil/Managing Engineer, at fdeleon@laquintaca.gov.

4. ERRORS AND OMISSIONS

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or any of its attachments, they shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications will be made by addenda. Clarifications will be provided in writing to all parties who have submitted proposals or who have requested an RFP for purposes of preparing a proposal, without divulging the source of the request.

If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFP known to them, or an error that reasonably should have been known to them, they shall submit a proposal at their own risk, and if they are awarded an agreement, they shall not be entitled to additional compensation or time by reason of the error or any corrections thereof.

mailto:fdeleon@LaQuintaCA.gov

5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS

Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request to Felix De Leon, Senior Civil/Managing Engineer, at fdeleon@laquintaca.gov. Withdrawn proposals will be returned unopened.

Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal as noted above and re-submitting a new proposal before the Submittal Deadline.

6. ADDENDA

The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the submittal deadline. Addenda will be numbered consecutively and noted following the RFP title. It is the proposer’s responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the proposer from the responsibility to meet all terms and conditions of the RFP and any subsequent addenda.

7. REJECTION OF PROPOSALS

The City may reject any or all proposals in whole or in part for any reason, including suspicion of collusion among proposers, and may waive any immaterial deviation in a proposal. The City’s waiver of an immaterial defect shall in no way modify the RFP as published or excuse the proposer from full compliance with the specifications if they are awarded the agreement. Proposals referring to terms and conditions other than the City’s terms and conditions as listed in the RFP, may be rejected as being non-responsive.

The City may conduct an investigation as deemed necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the agreement and to complete the work specified.

8. CANCELLATION OF RFP

This RFP does not obligate the City to enter into an agreement. The City reserves the right to cancel this RFP at any time, should the project be cancelled, the City loses the required funding, or it is deemed in the best interest of the City. No obligation, either expressed or implied, exists on part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal.

9. DISPUTES/PROTESTS

The City encourages proposers to resolve issues regarding the requirements or the procurement process through written correspondence and discussions during the period in which clarifying addenda may be issued.

The City wishes to foster cooperative relationships and to reach a fair agreement in a timely manner. Formal proposals for major professional and technical services shall be governed by the City’s Purchasing Policy.

10. NEGOTIATIONS AND FINAL AGREEMENT

The City’s Agreement for Contract Services is enclosed as Attachment 1 for review prior to submitting a proposal. An agreement will not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the selected proposer. At the discretion of the City, any or all parts of the successful proposal shall be made a binding part of the agreement. Any requests for changes to the contract MUST be included in the response to the RFP.

11. PRICING ADJUSTMENTS

The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment for additional periods, if any, shall be subject to the terms of the agreement.

12. SELECTION PROCESS

Proposals shall be reviewed and rated based on the information requested by this RFP, as well as responses from references and clients, background checks, any research on proposers, and other information pertinent to the evaluation process. Closely ranked firms may be asked to furnish evidence of capability, equipment, and financial resources to adequately provide the services.

13. RFP TIMELINE

RFP Issue Date:

October 19, 2026

Deadline for Proposers’ Questions:

November 2, 2026

Proposals Submittal Deadline:

November 16, 2026

Interviews (If needed) Week of November 30, 2026 City Council Consideration and Approval:

December 15, 2026

Agreement Effective Date and Project Start Date

December 16, 2026

14. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION

14.1 Proprietary and Trade Secret Information:

A copy of each proposal will be retained as an official record and will become open to public inspection, unless the proposal or specific parts can be shown to be exempt by the California Public Records Act [California Government Code §7920.000 et seq.]. Each proposer may clearly label part of a proposal as “Confidential” if the proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City will constitute a complete waiver of all claims for damages caused by any release of the information. If a request for public records for labeled information is received by the City, the City will notify the proposer of the request and delay access to the material until seven (7) working days after notification to the proposer. Within that time delay, it will be the duty of the proposer to act in protection of its labeled information. Failure to so act will constitute a complete waiver.

14.2 Confidential Information:

Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or retained [California Government Code § 7922.500].

14.3 Public Information:

All proposals will be opened on August 11, 2026, and will be made available to the public upon request.

By submitting a proposal, the proposer acknowledges and accepts that the content of the proposal and associated documents will become open to public inspection. The final, executed agreement will be a public document. Proposals and other information will not be returned.

15. PROPOSAL PREPARATION COSTS

Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by the City, presentation to the City, travel in conjunction with such presentations, or samples of items, shall be entirely the responsibility of the proposer.

16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT Proposals must include a completed “Insurance Requirements Acknowledgment” form included as Attachment 2 stating that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement for Contract Services.

Commercial General Liability (at least as broad as ISO CG 0001):

$1,000,000 per occurrence/$2,000,000 aggregate OR $2,000,000 per occurrence/$4,000,000 aggregate $5,000,000 per occurrence/$5,000,000 aggregate Must include the following endorsements:

General Liability Additional Insured General Liability Primary and Non-contributory

Commercial Automobile Liability (at least as broad as ISO CA 0001):

$1,000,000 combined single limit for bodily injury and property damage Auto Liability Additional Insured

Workers’ Compensation (per statutory requirements):

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease Must include the following endorsements:

Workers’ Compensation Endorsement with Waiver of Subrogation; OR Workers’ Compensation Declaration of Sole Proprietor (if applicable)

Professional Liability (Errors and Omissions):

Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim

Cyber Liability

$1,000,000 per occurrence/$2,000,000 aggregate

17. NON-COLLUSION AFFIDAVIT

Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3, executed by an official authorized to bind the firm.

18. CONFLICT OF INTEREST

The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is involved in the making of decisions which may have a foreseeable material effect on any City financial interest pursuant to the City’s Conflict of Interest Code and the California Political Reform Act of 1974.

19. LOCAL BUSINESS PREFERENCE

Local vendors are encouraged, but not required. For purposes of this section, ‘local’ shall be defined as an individual, partnership, or corporation, which regularly maintains a place of business within a 40-mile radius of the City.

20. CITY RIGHTS AND OPTIONS

The City reserves the right to:

Make the selection based on its sole discretion;

Issue subsequent RFP;

Postpone opening proposals or selection for any reason;

Remedy errors in the RFP or in the RFP process;

Modify the Scope of Services in the RFP;

Approve or disapprove the use of particular subcontractors;

Negotiate with any, all or none of the proposers;

Accept other than the lowest offer;

Waive informalities and irregularities in proposals;

Request additional information or clarification;

Request revisions during negotiations;

Invite any consultant of its choosing to assist with the evaluation of proposal responses or to provide the City with a second opinion Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City in a timely manner.

REQUESTED SERVICES

I. INTRODUCTION

The City of La Quinta is soliciting proposals from qualified and experienced professional engineering consultants to prepare plans, specifications, and engineer’s estimate (PS&E), and provide bidding and construction support services for the Avenue 52 and Monroe Street Traffic Signal Project, City Project No.

2023-02.

Project Description The Avenue 52 and Monroe Street intersection is located within a multi-jurisdictional area involving the City of La Quinta, City of Indio, and County of Riverside. The project is intended to improve traffic operations, access, and safety at the intersection.

The City of Indio has jurisdiction over the northern two quadrants of the intersection. The City of La Quinta has jurisdiction within the southwest quadrant. The County of Riverside has jurisdiction within the southeast quadrant.

The proposed project includes the design and construction of a new traffic signal and related intersection improvements. The improvements are anticipated to include traffic signal poles and equipment, signing and striping, roadway modifications, curb ramp improvements, utility coordination and relocations, and related work needed to complete the project. The City of Indio will install an empty conduit on the north side of Avenue 52 with a separate project. This project shall assume to install fiber within that conduit to interconnect the signal to Madison Street and Avenue 52. Consultant shall include coordination with CVAG for potential requirements for connection to the CV-SYNC Program.

The City of La Quinta and City of Indio quadrants are currently in their ultimate configurations. The County of Riverside southeast quadrant is proposed to be widened to its ultimate configuration as part of this project.

The City of La Quinta will serve as the lead agency for project delivery. The selected Consultant will support the City through design, bidding, and construction support. It is anticipated that the City of La Quinta will process any required environmental documents internally.

II. PROJECT DEVELOPMENT PROCESS

1. Pre-Design Meeting

• Meet with City staff to clarify design objectives

2. Agency Approval

• Submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals:

1. 1st Review - 35% Concept Review

Concept Review: Consultant submits geometric approval drawings showing preliminary geometric layout and preliminary estimates. Any utility conflicts must be noted at this time so advance preparations for clearing the utilities can begin. It should be noted that the "concept review" stage frequently involves revisions and re-submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing the design.

2. 2nd Review - 65% Unchecked Details The 65% Unchecked Details: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications. It is permissible to omit some standard detailing, but plan sheets and specification sections representing all disciplines must be submitted in the 2nd Review. Details related to the cross-section shall not be omitted.

3. 3rd Review - 90-100% Check Plans, Specs, & Engineer's Estimate The 90-100% Check: This submittal includes everything complete in final form that the consultant believes is necessary to construct the project. The consultant should submit plans that have been independently checked by a 3rd party within its organization for completeness and accuracy. The project specifications and engineer's estimate should be equally complete.

• Based upon comments received from the City, consultant will revise the Plans, Specifications, and Estimates (PS&E) and resubmit.

• Staff approved PS&E will be submitted to the City Council for approval.

• All approved plans will be provided to the City in AutoCAD 2023 or higher format and PDF. Specification documents, including technical specifications, will be provided in Microsoft Word for Windows format with all hidden text shown as well as in PDF. The Engineer’s estimate will be provided in Excel for Windows format as well as PDF.

3. Bidding/Construction Phase

• The consultant will be expected to provide technical support during the bidding and award process. Support to include responses to RFIs and select submittal review. This phase shall be reimbursed as time and materials, not to exceed.

III. SCOPE OF SERVICES

Services and products to be rendered in performing all work associated with this request may include, but may not be limited to:

Task 1. Project Management/Administration The Consultant shall be responsible for project management activities throughout the life of the contract, including managing the schedule, budget, scope, meetings, field reviews, quality control, and the project team.

The Consultant must include an appropriate number of meetings with City staff and participating agencies. It is anticipated that there will be monthly Project Development (PDT) meetings held virtually. The Consultant may be required to attend a City Council meeting.

Deliverable(s): Monthly Progress Reports, Meeting Agendas, Meeting Minutes, Action Item Logs, and Schedule Updates.

Task 2. Data Collection and Field Review The Consultant shall review available record drawings, utility information, agency standards, right-of-way information, traffic signal information, and other documents provided by the City. The Consultant shall perform a field review of the project area to confirm existing conditions and identify design constraints.

Deliverable(s): Existing Records Summary, Field Review Notes and Photographs, Existing Conditions Summary

Task 3. Survey and Base Mapping The Consultant shall provide the topographic survey and base mapping needed to prepare the project plans.

Survey work shall include existing roadway features, curb and gutter, sidewalk, driveways, curb ramps, pavement conforms, drainage facilities, striping, signs, visible utilities, utility markings, surface features, and other improvements within the project limits.

Deliverable(s): Topographic Survey, Base Map, Utility Mapping, and Electronic Survey Files.

Task 4. Geotechnical Analysis The Consultant shall perform a geotechnical analysis of the existing pavement section and Traffic Index to determine the appropriate pavement section for the new pavement. This work will include pavement borings to determine existing pavement thickness and subgrade analysis to determine if the City’s standard section will adequately perform under the specified Traffic Index.

Deliverable(s): Draft/Final Geotechnical Pavement Report.

Task 5. Utility Coordination The Consultant shall prepare utility notifications for all dry and wet utilities that may be impacted by the project and continue open communication and coordination with each impacted utility through the life of the project.

The Consultant shall identify potential utility conflicts and coordinate required utility adjustments or relocations with the affected utility companies. It is anticipated that CVWD Irrigation Facilities and IID Facilities will be impacted by the project.

Deliverable(s): Atlas Maps, Utility Notifications, Utility Conflict Summary, Utility Agreements as Necessary

Task 6. Plans, Specifications, and Estimate The Consultant shall prepare a constructible set of plans for the proposed improvements. The City will review plans at 35%, 65%, and 90-100%. The Consultant shall prepare the project technical specifications for the proposed improvements for City review with the 65%-100% submittals. Specifications shall be prepared in Microsoft Word in a City-approved format and include the bid schedule. The City will provide the front-end bid documents, contract, and general provisions. The Consultant shall provide an engineer’s estimate of probable construction costs with all submittals. The estimate shall be prepared in Microsoft Excel and include sufficient bid items, as approved by the City, for contractors to properly bid on the scope of work.

Deliverable(s): 35%, 65%, 90%-100% Plans, Specifications, Estimate, Comment Response Matrix.

Task 7. Signal Timing Sheets and CVAG Coordination The Consultant shall prepare traffic signal timing sheets for the new traffic signal at Avenue 52 and Monroe Street in the City of Indio’s required format, in accordance with the applicable California Manual on Uniform Traffic Control Devices (CA MUTCD) standards and City of Indio requirements. The City of La Quinta will administer the project. The City of Indio will maintain the signal and retain ultimate responsibility for approval and ongoing management of the signal timing sheets.

Data Collection and Review: The Consultant shall request and review available AM, midday, and PM peak-hour traffic counts and prevailing signal timing parameters, including minimum green times, red clearance intervals, minimum pedestrian walk and flashing don’t walk intervals, and bicycle timing policy. The Consultant shall coordinate with La Quinta to obtain available information, identify data gaps, and recommend any additional data collection needed to prepare the timing plan.

Traffic Signal Timing Plan: The Consultant shall develop the signal phasing and timing plan and supporting calculations using the available traffic data and Indio’s requirements. The Consultant shall coordinate with the Coachella Valley Association of Governments (CVAG), as a project stakeholder responsible for corridor interconnect management after construction, to confirm interconnect requirements and compatibility with corridor operations, including the planned connection to Avenue 52 and Madison Street. The Consultant shall submit draft timing sheets to Indio for review and approval, provide copies to La Quinta and CVAG for coordination, respond to comments, and obtain Indio’s approval before implementation. Final approved timing sheets shall be provided to La Quinta, Indio, and CVAG in PDF and editable electronic formats acceptable to Indio.

Optional Services: The Consultant shall identify and separately price the following services, to be performed only upon written authorization by the City of La Quinta: collection of AM, midday, and PM peak-hour traffic counts; participation in testing the timing in a signal controller; entry of timing parameters into the signal controller; and ongoing maintenance of signal coordination with adjacent signalized intersections. Required coordination with CVAG during development and review of the timing plan is included in the base scope.

Deliverable(s): Data Collection and Review Summary, Draft and Final Indio-Approved Traffic Signal Timing Plan and Sheets, Supporting Timing Calculations, Agency Comment Responses, and CVAG Coordination Documentation.

Task 8. Agency Review and Approval The Consultant shall submit the plans, specifications, estimate, and supporting documents to the City of La Quinta, City of Indio, County of Riverside, and CVAG as needed for review and approval. The Consultant shall respond to comments and revise the documents as required.

Deliverable(s): Responses Comments on Plan View.

Task 9. Bidding Support The Consultant shall provide support during the bidding phase. Services shall include attending the pre-bid meeting if requested, responding to bidder questions, preparing plan clarifications, and assisting with addenda as needed.

Deliverable(s): Responses to Bidder Questions, Addenda Support, Bid Clarifications

Task 10. Construction Support The Consultant shall provide limited construction support services during construction. Services shall include responding to requests for information, reviewing applicable submittals, providing design clarifications, attending construction meetings if requested, and assisting with field changes related to the design.

Deliverable(s): Responses to RFIs, Submittal Reviews, Design Clarifications, Record Drawings (As-builts).

IV. PROPOSAL FORMAT

Firms are encouraged to keep their proposals brief and relevant to the specific information requested herein.

Proposals should be straightforward, concise, and provide “layman” explanation of technical terms that are used. Emphasis should be on completeness and clarity of content.

Present the proposals in a format and order that corresponds to the numbering and lettering contained herein, with minimal reference to supporting documentation, so that proposals can be accurately compared.

1. Cover Letter

Signed by an official authorized to bind the firm with name, address, phone number, and email address of firm’s contract person, location of firm’s main office, location of the office that would service this project, a validity statement that all information and pricing provided in the proposal is valid for at least ninety (90) days, and a statement that any individual who will perform work for the City is free of any conflict of interest.

Firms Background, Qualifications, and Experience, including the following:

(a) Number of years in business

(b) Taxpayer identification number

(c) Number of years performing professional engineering services

(d) Resumes of the Project Manager and key personnel who will be responsible for performance if any agreement results from this RFP

(e) Firm ownership and if incorporated, list the state in which the firm is incorporated and the date of incorporation

(f) If the firm is a subsidiary of a parent company, identify the parent company

2. References of California government agencies (preferably cities utilizing)

(a) Client name, client project manager, telephone number, and email address

(b) Project description

(c) Project start date, and end date

(d) Staff assigned to each project by the firm

(e) Provide a summary of final outcome

3. Staffing and Project Organization

4. Subcontracting Services

Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer can demonstrate to the City’s satisfaction that it is in the best interest of the project to permit a portion of the service(s) to be subcontracted by the proposer, it may be considered. Provide details on the role of any subcontractor that will be used. Assignment is prohibited.

5. Project Understanding A description of the firm’s project understanding and how the consultant team will approach the project.

6. Scope of Services with Deliverables A description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Work should be presented in a logical format that can be easily attached to the Agreement for Contract Services.

7. Project Schedule A comprehensive Gantt Chart schedule describing the nature and scheduling of proposed tasks and reflecting December 16, 2026 as the start date.

8. Disclosures

Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or investigation pending, which involved the proposer or in which the proposer has been judged guilty or liable within the last five (5) years. If there is no information to disclose, proposer must affirmatively state there is no negative history.

9. Acknowledgement of Insurance Requirements (Attachment 2) Proposals must include a written statement that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement for Contract Services template included as Attachment 1.

10. Non-Collusion Affidavit (Attachment 3) Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3, executed by an official authorized to bind the firm.

11. Acknowledgement of Addenda (Attachment 4) If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda, included as Attachment 4.

SEPARATE ENVELOPE

1. Cost Proposal

Proposal shall include a detailed fee schedule for the services requested by this RFP.

ATTACHMENTS

1. Agreement for Contract Services

2. Insurance Requirements Acknowledgement

Must be executed by proposer and submitted with the proposal Must also include City or Indio and County of Riverside as additionally insured where required for La Quinta

3. Non-Collusion Affidavit

4. Addenda Acknowledgement

5. RFP Scoring Sheet

6. Interview Scoring Sheet

7. Project Exhibit

Revised – Sept. 2025

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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and ___________ [insert name and type of business entity, e.g. sole proprietorship, California Limited Liability Corporation, etc], with a place of business at ____________________________________ (“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 ______________________, 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

-2-hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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, -3-restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee.

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

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

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this

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Agreement shall be paid for in an amount agreed to in writing through a duly executed amendment or change order 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%) of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or change order 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 are not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

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

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on _______________, 2024, and terminate on ____________, 20___ (“Initial Term”). This

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Agreement may be extended for _________ 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) Name Telephone No.:

Email:

(b) Name Telephone No.:

Email:

It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as [ENTER NAME OF DEPARTMENT MANAGER OR DIRECTOR] or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control

-6-of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which 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

-7-supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

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

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee,…