McAuliffe & Co/Space Planning @ City Hall 13PROFESSIONAL SERVICES AGREEMENT
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 McAuliffe & Company, Inc. ("Consultant"). The parties hereto agree as
follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Professional Architectural
Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Consultant warrants
that all services will be performed in a competent, professional and satisfactory manner
in accordance with the standards prevalent in the industry for such services.
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 of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses Permits Fees and Assessments. Except as otherwise specified
herein, Consultant 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. Consultant 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.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City,
Consultant shall immediately inform City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer (as
defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work performed by Consultant,
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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 work by City, except such losses or damages as may be caused by
City's own negligence. The performance of services by Consultant shall not relieve
Consultant 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
Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Consultant's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section
1.4 hereinabove, Consultant represents to City that it holds the necessary skills and
abilities to satisfy the heightened standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope
of Services ("Additional Services") when directed to do so by the Contract Officer.
Consultant shall not perform any Additional Services until receiving prior written
authorization from the Contract Officer. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforeceable. Failure of Consultant to secure the Contract Manager's written
authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time due, whether by way of compensation,
restitution, quantum meruit, etc. for Additional Services provided without the appropriate
authorization from the Contract Manager. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.2 of this Agreement.
1.7 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"). 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Seven Thousand Nine Hundred Fifty
And No/100 Dollars ($7,950.00) (the "Contract Sum"), except as provided in Section
1.6. 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
Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods
as may be specified in the Schedule of Compensation. Compensation may include
reimbursement, in addition to contract sum, for actual and necessary expenditures for
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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, Consultant's
overall compensation shall not exceed the Contract Sum, except as provided in Section
1.6 of this Agreement, "Additional Services."
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both City
and Consultant in advance of the Additional Services being rendered by Consultant.
Any compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer. Any greater amount of
compensation for additional services must be approved by the La Quinta City Council.
Under no circumstances shall Consultant receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant 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 Consultant specifying
that the payment requested is for work performed in accordance with the terms of this
Agreement. City will pay Consultant for all expenses 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.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
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.
3.3 Force Maieure. 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 Consultant, 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 Consultant shall within ten (10) days of the commencement of such
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delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer 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 his or her
judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement. Extensions to the Schedule of
Performance which are determined by the Contract Officer to be justified pursuant to
this Section shall not entitle the Consultant to additional compensation in excess of the
Contract Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of
this Agreement, the term of this agreement shall commence on January 10, 2013 and
terminate on April 30, 2013 (initial term). This agreement may be extended for
additional year(s) upon mutual agreement by both parties (extended term).
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Michael McAuliffe, AIA
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 Consultant and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be City Manager/Executive
Director or such other person as may be designated by the City Manager of City. It
shall be Consultant's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Consultant shall refer any
decisions, which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Consultant shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of City. In
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addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval 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 Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant 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. Consultant 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.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the Work
performed under this Agreement, Consultant 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 Consultant's acts or omissions rising out of or related to Consultant'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
Consultant's performance hereunder and neither City nor its insurers shall be required
to contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the Commercial General
Liability policy only) shall be delivered to and approved by City prior to commencement
of the services hereunder.
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)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
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Workers' Compensation
(per statutory requirements)
Consultant 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 Consultant, its officers, any person directly or indirectly
employed by Consultant, any subcontractor or agent, or anyone for whose acts any of
them may be liable, arising directly or indirectly out of or related to Consultant's
performance under this Agreement. If Consultant or Consultant's employees will use
personal autos in any way on this project, Consultant 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 Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant 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.
Consultant 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.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
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 Consultant to stop work under this Agreement and/or withhold
any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
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C. Terminate this Agreement.
Exercise of 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
Consultant'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
Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractors' performance of work under this
Agreement.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 or equivalent.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant 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 the 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 applicable to work performed
under this agreement 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. Consultant
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.
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7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant'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 Consultant or deducted from sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all general
liability insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
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. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
10. Consultant 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 Consultant'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 Consultant,
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 the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure
on the part of City to inform Consultant of non-compliance with any insurance
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requirement in no way imposes any additional obligations on City nor does it waive any
rights hereunder in this or any other regard.
14. Consultant 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 or not 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. Consultant 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
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as 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 Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
17. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section 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 Section.
20. Consultant 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
Consultant 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.
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21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant 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.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend 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 Consultant or
subconsultants), 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
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements, the
Consultant 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 Consultant.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents 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 Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees or subconsultants
of Consultant.
6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section from
each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this, agreement. In the event Consultant fails
to obtain such indemnity obligations from others as required herein, Consultant agrees
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to be fully responsible according to the terms of this section. 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 herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and City's agents, officers,
officials, employees, representatives, and departments ("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
Consultant or subconsultants), 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, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or
indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 6.2(b), 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.
7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required by
this Agreement as the Contract Officer shall require.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit,
and make records and transcripts from such records.
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7.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Consultant, its employees, subcontractors and agents in the
performance of this Agreement, shall be the property of City and shall be delivered to
City upon termination of this Agreement or upon the earlier request of the Contract
Officer, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the
documents and materials hereunder. Consultant shall cause all subcontractors to
assign to City any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant 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
Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Consultant 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.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted 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
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
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; provided that if the default is an immediate danger to the health, safety and
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
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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 Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant 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 Consultant 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 Consultant. 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
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
8.8 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 Consultant. Upon
receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant 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
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 8.2, take over work and prosecute the same to completion by
contract or otherwise, and Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
Last revised 7-3-12 13
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant 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 race, color, creed, religion, sex, marital status, national origin or
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, 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: Frank Spevacek,
City Manager
78-495 Calle Tampico
Last revised 7-3-12 14
To Consultant:
McAULIFFE & COMPANY, INC.
Attention: Michael T. McAuliffe, AIA
42-600 Caroline Court
Suite 102
P.O. Box 1504 Palm Desert, California 92211
La Quinta, California 92247-1504
10.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining 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.
10.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUl_N�;<a California municipal corporation
City Manager Date
ATTEST:
Susan Maysels, Oy Clerk
,l
Last revised 7-3-12 15
APPROVED AS TO FORM:
Name: Michael McAuliffe AIA
Title:�(��.^{'
Date: of • 23 26f3
Last revised 7-3-12 16
Exhibit A
Scope of Services
See Attached "Letter of Agreement for Professional Architectural Services," Pages
1 and 2
Last revised 1-23-13 17
MOAULIFFE & COMPANY, INC.
LETTER OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES.
Cilium. ARCHITECT
.Mr. Its Johnson, Planning Director McAuliffe & Company, Inc.
City of U Qainta 42-600 Caroline Ct, Suite 102
78-495 CaUe Tampico Palm Desert; CA 92211
La Quinta, CA MM T- 760-773-M F. 760.773.0967
Mchael McAuliffe, AIA CA lic. 27929
PROJECT, DATE:
Architectural Programming & 12/12/2012
Conceptual Space Planning
for
City of La Quince Development
Departments
78-493 Calle Tampico
La Quints, CA 92253
VIA, TOTAL NO.
RMA Liohnson@la-c*ta.org 3
Dear Mr. Johnson,
Enclosed please find our Iz= of Agreement for Professional Architectural Services for Architectural
PT092000139 and Conceptual Space Planning services in support of your Development Departments
improvement project We appreciate the opportunity to work with you and your staff in establishing a
project program and developing a corresponding conceptual space plan.
Please contact me if you have any questions regarding this Letter of Agreement
PROJECT DESCRIPTION
The Project is to work with the Planning, BuM% & Safety, and Public Works Department leadership
and staff to establish a Project Program. The Project Program effort is a collaborative process about
identifying, understanding, clarifying, and documenting client goals and vision befam beginning design
work on a project The intent of this Project Program is to improve the physical organization of the
Development Departments in order to best support present operational efforts and proposed inter-,
operational improvements.
The Project is also to prepare a Conceptual Space Plan based on the parameters and Priorities
determined in the Project Program. The Conceptual Space Plan is to convey a diagrammatic
organization of the variety of services functions, appropriate space allocations, and interrelationships:
SCOPE OF SERVICES
Ike Architect shall provide the following professional services:
01 ARCHITECTURAL PROGRAMMING
• Conduct an initial project lack -off meeting with the Department Directors
■ Issue information gathering questionnaires to each of the Departments
■ Conduct programmatic research and compile gathered information in preparation for
Programming Session
■ Conduct an on -sine Programming Session to document Client's project goals, concepts, and
needs. Programming Session will consist of (4) meetings:
o Department Directors (leadership team) (approx. 2 hr. meeting)
o Planning Department Director & designated staff (approx.1 hr. meeting)
o Building & Safety Director & designated staff (approx. l hr. meeting)
o Public Works Department Director & designated staff (approx..1 hr. meeting)
02 CONCEPTUAL SPACE PLANNING
■ Prepare. Conceptual Space Plan design based on established Project Program
■ Conduct a design review meeting with the Client leadership team
■ Make minor refinements as needed (1-iteration) to Conceptual Space Plan
■. Prepare final document package of Project Program & Conceptual Space Plan (electronic
format)
■ Conduct a final team meeting to issue and review Project Program & Conceptual Space Plan
paw.
CONSULTANTS
Architect will not provide any consultants for this Project.
CLIENPS RESPONSIBILITIES
The Client shall be responsible for the following items:
• Participate in initial kickoff meeting;
■ Provide the Architect necessary CAD files, support documentation, and questionnaire
response information in support of the Programming Session;
■ Provide access to necessary locations on site for review purposes;
■ Attend Programming Session meeting(s); to be attended by Department Directors and
appropriate staff representative of each of the three departments;
EXCLUSIONS
The Architect shall not provide any services other than those expressly sated in "Scope of Services"
above. Additional Services requested by the Client shall be agreed upon between the Client and the
Architect in writing and for additional compensation.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section
2.2 of this Agreement, the maximum total compensation to be paid to Consultant under
this Agreement is Seven Thousand Nine Hundred Fifty And No/100 Dollars ($7,950.00)
("Contract Sum") and reimbursable expenses not to exceed One Thousand and No/100
Dollars ($1,000.00). The Contract Sum shall be paid to Consultant in installment
payments made on a monthly basis and in an amount identified in Consultants
Schedule of Compensation attached hereto for the work tasks performed and properly
invoiced by Consultant in conformance with Section 2.2 of the Agreement. A retainer
fee of $2,000.00 is to be paid from the contract sum amount upon approval of contract
and prior to commencement of work.
(See also — attached Page 3 of "Letter of Agreement for Professional Architectural
Services.")
Last revised 1-23-13 18
COMPENSATION
Compensation shall be as follows:
01 Architectural Programming FIXED FEE of $4,350.00
02 Conceptual Space Planning FIXED FEE of $3,600.00
McAuliffe & Company, Inc standard rate schedule for AMMONAL SERVICES:
Principal/Design Architect $I50.00/Hr.
CAD $75.00/Hr.
Administrative $50.00/Hr.
ReimbumWe ExMsec:
The Client shall reimburse the Architect for expenses incurred in interest of the Project, plus
fifteen percent (15%). Reimbursable expenses include reprographics, presentation materials, and
shipping. Reimbursable expenses are in addition to fated fees.
An initial payment of $2,000 shall be required and is due upon execution of this Letter of
Agreement. Billing shall be monthly and on a percent -complete basis.
If this Agreement meets with your approval, please sign and return a copy to me. Upon receipt
of the executed Agreement and retainer, we will commence work on your project within 5
business days.
We appreciate the opportunity to work with you and look forward to an exciting project.
Respectfully submitted,
hlfrcbad T. McAuliffe, AIA
President
C 27929
ACCEPTED:
42.600 CAROLINE CT., SUITE 102 .PALM DESERT, CA 92211 T:760.773.0907 P:760.773.0967
mich�el®mcacoioaeom
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services, Exhibit
"A" of this Agreement in accordance with the attached Project Schedule, attached
hereto and incorporated herein by this reference.
(See also — attached "Departmental Programming & Conceptual Space Plan")
OPP12-M
at7 of La Quinte
DEPARTMENTAL PROGRAMMING & CONCEPTUALSPACE PLAN
PROGRAMMING
Project Kick-off MiG. -
hiforma0on Gathering 8: Pre-progntag
Programming Session
Compile Program _
„7="3":<S
CONCEPTUAL SPACE PLAN
Spaceplan Design
Client Review MTG
Space Plan Refinements
Final Client Review MTG
PROFESSIONAL FEES.
ARCHITECT
HRS $$TOTAL
2
300
16
1,500
12.
1.350
12
1,200
0
42
4,350
55%
20
2,100
2
300
8
900
2
300
0
32
3,600
45%
0
0
0
0
0%
74
7,950
100%
7,950
IOD%
0%
0%
0%
Total
7,950
100%
Exhibit D
Special Requirements
NONE
Last revised 1-23-13 20
Client& 12712 MCAINLC(IMp
ACORD- CERTIFICATE OF
YYYn
INSURANCE
LIABILITY
W101201LEaL
PRODUCER
THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION
Deatey, Renton & Associates
P. O. BOX 10550
Santa Ana, CA 92711-0550
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
714427-GBIO
INSURERS AFFORDING COVERAGE
MAIO0
BINNED
INSURER A; Travelers Property Casualty CO
25674
McAuliffe & Company, Inc'
3T-707 Cohlbrldge St.INSURERG
Palm Deaer% CA 92211 .
INSURER B: XL Specially Insurance Co.
378B5
'wsuRERo:
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -
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TYPBOPDWWAMM
POLIOYNUMBER
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08020541.310
06/01/12
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General Llab.
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excludes claims
MEDEXP WWTM1FI.~I
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$1,000,000 anal aggr.
Claims Made
DN WPnM OF OPERATION I LOCATIONS IVEMCLU I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROMONS
Re: AR Operations as pertains to named Insured.
City of La QuInta and uts officers and employees are Additional hlaured as respects to General Liability
coverage as required by written COvdmCL
Separation of Insureds
(See Attached Descriptions)
City of La Quints
Planning Department
784M cane Tampico
Le Quhlta, CA 92253
OFTIBI ABOVE DEBCR®CDPfAASEe
P, THE 188111MDBISURERWL.L•$MAEL _90_ oAre WRmBII .
1 of 2 0"56241M451734 TMN e
Except with respect to the Limits of Insurance, and any rights or duties
specifically assigned in this Coverage Part to the flrst Named Insured,
this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each Insured against whom claim is made or suit Is
broughL
MtlWBRe & Company. Inc.
6802054L310
0=1112
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
. BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This andoreement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
INSURANCE (Section tin) for this Coverage
(section 11):
Part.
Any person or organization .that you agree In a
S. The followingis added to Paragraph a. of 4.
' "contract or agreement requiring insurance" to in-
Other Insurance in COMMERCIAL GENERAL
dude as an additional Insured on this Coverage
LIABILITY CONDITIONS (Section IV):
Part, but only with respect to liability for "bodily in-
However, if you specifically agree in a "contract or
jury", "property damage" or "personal injury"
agreement requiring Insurance" that the insurance
caused, in whole or In part, by your acts or omis-
provided to an additional Insured under this Cov-
slons or the acts or omissions of those soling on
erage Part must apply on a primary basis, or a
your behalf:
primary and non-cmltributory bests, this insurance
a. In the performance of your 'ongoing opera-
is primary to other Insurance that is available to
j qons;
such additional insured which covers such add!-
b. In connection with premises owned by or
tional Insured as a named insured, and we will not
share with the other Insurance, provided that:
rented to you; or
c. In ccrnnectiori with "your work and Induced
(1) The "bodily Injury' or "property damage" for
within the "products -completed operations
which coverage Is sOUght occurs; and
hazard",
(2) The "personal injury" for' which coverage Is
Such person or organization does not quality as
sought arises out of an offense committed;
an additional Insured for "bodily Injury", "property
after you have entered into that "contract or
damage" or "personal injury* for which that per-
agreement requiring Insurance".. But this Insur-
son or organization has assumed liability In a con-
once suit is excess over valid and collectible other
tract or agreement;
insurance, whether primary, excess, contingent or
The insurance provided to such additional Insured
on any other basis, that Is available to the Insured
when the Insured is an additional insured under
Is limited as fellows:
any other insurance.
d. This Insurance does not apply on any basis to
arty person or organization for which cover-
C• The following is added to Paragraph & Transfer.
Th
age as an additional Insured specifically Is
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL UABILiTY COW
added by another endorsement to this Cover-
DITIONS (Section IV):
age Part.
e. This Insurance does not apply to the r0 der-
We wake any rights of recovery we may have
Ing of or failure to render any "professional
against any person or organization because of
"Property
servlose.
payments we melee for "bodily Injury',
f.. The limits of Insurance afforded to the adds
damage" or "pereonol Injury' arising out of "your
work" performed by you, or on your behalf, under
tional Insured shall be the limits which you
agreed In that "centred or agreement regain
a "contract or agreement requling Insurance" with
ing Insurance' to provide for that additional
that Person organization. We waive these
rights only where you have agreed to do so as
Doctors -
Insured, or the limits shown In the Doctors
tons for this Coverage Part, whichever are
part of the "contras or agreement requiring fnsur-
less. This endorsement does not Increase the
limits of Insurance stated in the LIMITS OF
ante" with such Person or orgondzatiO n entered
into by you before, and in effect when. the "bodily
CO 03 8109 07. 02007 The Travelers Canpanies, Ina Page 1 of 2
InCtudes Ore CoovrlaMed metensl 01lnsuranoe SerAm 0MCe. Inc.. with Ina aenniesion
COMMERCIAL GENERAL LIABILITY
Injury" or "property damage occurs, or the "per-
sonal Injury offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
'Contract or agreement requiring Insurance".
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional Insured on this Cov-
stage Part, provided that the 'bodily Injury" and
"property damage" occurs, and the "personal in -
Jury is caused by an offense committed:
a. Auer you have entered Into that contract or
agreement:
b. While that part of the contract or agreement is.
In effect; and
c. Before the end of the policy period.
Page 2 of 2 02007 The Travelers Compenles, Inc. CG DS 8109 07
Includes Ore cocvdalded metedal of Insurance Servlces Offloe. Inc.. vdlh 0s omrnbdon
CERTIFICATE OF LIABILITY INSURANCE
JRD
R001 GATE a1MN)OIYYYI7
01-14-2013
THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDFR.
IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy(ies) must be endorsed. It SUBROGATIONIS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not Confer rights to the
PAYCHEX INSURANCE AGENCY INC' PHONE
210705 P:()- F: (888) 443-6112 "
PO BOX 33015 a:.
SAN ANTONIO TX 78265 i INSURERISG AFFORDING
- ---- - INSURER B
MCAULIFFE & COMPANY INC INSURERC:
42600 CAROLINE CT STE 102 oamm0:
PALM DESERT CA 92211 INSURER E I
INSURER F
COVERAGES CERTIFICATF NIIMRFR• oonc,nu m amen.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTA
TYPE OF INSURANCE
POLICY AMMSER
SIIO/YYY17
MUAVO/YYYYJ
LAM
GENERAL L[gM/TY
EACH OCCURRENCE
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OESCIMMON OFOPBMTNNS/{OCATNMQ/IN/R'IESlARd, ADMAN) for. MWGbwtlRwrb SMgd ft Ewa Wgr Naq~ .
Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
City of La Quinta
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
78495 CALLE TAMPICO
AUrAV�i>B/ESd AT,VE
LA QUINTA, CA 92253
/o-r�7atz4e-�
a 1988-201 O ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
PAYCNEX INSURANCE AGENCY INC
PO BOX 33015
SAN ANTONIO TX, 78285
City of La Quinta
78495 CALLS TAMPICO
LA QUINTA, CA 92253
ACORD 25 (2010/05) ..
- •Insurance..POLICY NUMBER: A2316707
,.
y Mcv�HYCmI �ubW Getup
SAFECO INSURANCE COMPANY OF AMERICA
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED:
MICHAEL T MCAULIFFE
LINDA J MCAULIFFE
37707 COLEBRIDGE ST
PALM DESERT CA 92211-2027
AGENT:
WEINGARTEN 8 HOUGH
610 S BELARDO RD STE 300
PALM SPRINGS CA 92264-7466
RENEWAL
POLICY PERIOD FROM: JAN. 21 2013
TO: JAN. 21 2014
at 12:01 A.IA. standard time at
the address of the insured as
stated herein.
AGENT TELEPHONE:
1-866-472-3326
RATED DRIVERS MR MICHAEL T MCAULIFFE, LINDA J MCAULIFFE, KAILEY OSGOOD
2006 FORD F150 2 DOOR PICK-UP ID8 1FTPH14546FA29726
2008 TOYOTA SIENNA CE/LE 4 DOOR VAN ID8 5TDZK23C48S220396
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
81W[i FORIt G3MITS _PRELIM# SCION TOA'T-I2MIT PR_._..URB
._
LIABILITY:
BODILY INJURY 0500,000 $ 243.30 0500,000 $ 206.60
Each Person Each Person
0500,000 0500,000
Each Occurrence Each Occurrence
PROPERTY DAMAGE $100,000 182.50 $100,000 130.60
Each Occurrence Each Occurrence
MEDICAL PAYMENTS $25,000
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY $500,000
Each Person
$500,000
Each Accident
COMPREHENSIVE Actual Cash Value
Less $500 Deductible
COLLISION Actual Cash Value
Less $1000 Deductible
WAIVER OF COLLISION DEDUCTIBLE
ADDITIONAL COVERAGES:
LOSS OF USE $50 Per Day/$1200 Max
ANTI FRAUD FEE
ROADSIDE ASSIST
18.10
$25,000
19.20
119.10
$500,000
119.40
Each Person
$500,000
Each
Accident
102.90
Actual
Cash Value
48.50
Less $500
Deductible
242.30
Actual
Cash Value
198.20
Less $1000
Deductible
10.70
8.50
36.80 $50 Per Day/$1200 Max 36.80
1.80 1.80
6.50 6.50
TOTAL $ 964.00 TOTAL $ 776.10
You may pay your premium in full or in installments. There is no installment fee
for the following billing plans, Full Pay, Annual 2-Pay. Installment fees for all
other billing plans are listed below. If more than one policy is billed on the
installment bill, only the highest fee is charged. The fee ise
$0.00 per installment for recurring automatic deduction CEFT)
$0.00 per installment for recurring credit card or debit card
$4.00 per installment for all other payment methods
-CONTINUED-
P D BOX 515097, LOS ANGELES, CA 90051
SA-1697/EP 9/90 Page 1 of 3 DATE PREPARED: NOV. 25 2012
G14
Insurance.. POLICY NUMBER: A2316707
SAFECO INSURANCE COMPANY OF AMERICA
AUTOMOBILE POLICY DECLARATIONS
(CONTINUED)
NAMED INSURED:
MICHAEL T MCAULIFFE
LINDA J MCAULIFFE
37707 COLEBRIDGE ST
PALM DESERT CA 92211-2027
AGENT:
WEINGARTEN 8 HOUGH
610 S BELARDO RD STE 300
PALM SPRINGS CA 92264-7466
RENEWAL
POLICY PERIOD FROM: JAN. 21 2013
TO: JAN. 21 2014
at 12:01 A.M. standard time at
the address of the insured as
stated herein.
AGENT TELEPHONE:
1-866-472-3326
RATED DRIVERS MR MICHAEL T MCAULIFFE, LINDA J MCAULIFFE, KAILEY OSGOOD
2996 TOYOTA AVALON XL/XLS 4 DOOR SEDAN IDi 4T1BF12B3TU117043
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
rS'IiYE�RiL61�' _ LIABILITY:
BODILY INJURY $500,000 S 361.10
PROPERTY DAMAGE
MEDICAL PAYMENTS
UNINSURED AND
BODILY INJURY
UNINSURED MOTORISTS:
PROPERTY DAMAGE
ADDITIONAL COVERAGES:
ANTI FRAUD FEE
MOTORISTS:
Each Person
$500,000
Each Occurrence
$100,000 192.90
Each Occurrence
$25,000 30.00
$500,000 136.60
Each Person
$500,000
Each Accident
$3,500 12.70
Each Accident
1.80
TOTAL S 735.10
TOTAL EACH VEHICLE: 2006 FORD $ 964.00
2008 TOYT 776.10
1996 TOYT 735.10
PREMIUM SUMMARY PREMIUM
VEHICLE COVERAGES $ 2,475.20
----------
TOTAL12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 2,475.20
You may pay your premium in full or in installments. There is no installment fee
for the following billing plans: Full Pay, Annual 2-Pay. Installment fees for all
other billing plans are listed below. If more than one policy is billed on the
installment bill, only the highest fee is charged. The fee iss
$0.00 per installment for recurring automatic deduction (EFT)
$0.00 per installment for recurring credit card or debit card
$4.00 per installment for all other payment methods
-CONTINUED-
P 0 BOX 515097, LOS ANGELES, CA 90051
SA-16971EP 9/90 pane P of 7 DATE PREPAREO: NOV. 25 2012