2013 HR Green Pacific - On-call Engineering Plan CheckPROFESSIONAL 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 HR GREEN CALIFORNIA, 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 On -Call Engineering Plan
Check Services, as specked 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 Consultants 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,
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
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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 unenforceable. 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 Twenty -Five Thousand Dollars
($25,000) (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
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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
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, 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.
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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 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 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 September 3, 2013
and terminate on August 31, 2014 (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 principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Daljit Marwah, P.E.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principals shall be responsible during the
term of this Agreement for directing all activities of 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 Timothy R. Jonasson, Public
Works Director/City Engineer 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
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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 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
C ity.
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 tc
prior to commencement of the services hereunder.
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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)
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.
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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.
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 witl edrti ALd /
-pFiere i 992. 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.
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3. All insurance coverage and limits provided by Contractor 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 of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. 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.
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 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
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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.
1 1. 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
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.
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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.
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 cause 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
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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 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.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation of
Consultant will be for that entire portion or percentage of liability not attributable to
the active negligence of City.
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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.
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
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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 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
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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, corrector 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
Last revised 7-3-12 14
the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that City shall use reasonable efforts to
mitigate such damages), and City may withhold any payments to 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.
Last revised 7-3-12 15
To City:
CITY OF LA QUINTA
Attention: Frank J. Spevacek,
City Manager
78-495 Calle Tampico
La Quinta, California 92253
To Consultant:
HR GREEN
Attention: Roy F Stephenson
Principal -in -Charge
3403 10th Street, Suite 704
Riverside, California 92501
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.
Last revised 7-3-12 16
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA a California municipal corporation
ATTEST:
51/Q'�t/I.�
Susan Maysels, City o rc
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
M. Katherine Jenson, City Attorney
Last revised 7-3-12 17
da �>�� 2013
Date
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA a California municipal corporation
Frank J. Spevacek, City Manager Date
ATTEST:
Susan Maysels, City Clerk Date
AS TO
Attorney
test revised 7-3-12 17
CONSULTANT; HR GREEN CoALIFONIA, INC.
0
Date:
Last revised 7-3-12 18
Exhibit A
Scope of Services
Plan checking may be provided by an On Call Engineering Plan Check Consultant, as
applicable, with the following scopes:
Plan Checking
Improvement plan checking will include the review of plans submitted for subdivision
(residential) improvements, commercial developments, and , infrastructure
improvements within the City's right of way. The plans shall be reviewed for
conformance with local and other applicable (County, State and Federal) ordinances
and standards with a strict attention to details. Plan check services may include, but
are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new street
plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including Fugitive Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
• To check for design conformance to:
- The approved Tentative Map
- Related Specific Plans
- General Plan and City Ordinances
- Conditions of Approval
- City Standards
- ADA Standards
- The City's Subdivision Plan Check Lists
- Other Agency Requirements such as Riverside County Flood Control District
(RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current Plan
Check Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
- Will not function due to poor engineering.
- Is not consistent with the Approved Tentative Map or Conditions of Approval.
Last revised 7-3-12 19
- Will be potentially unsafe to the public.
- Is Impractical to construct.
All plans shall be reviewed under the direct supervision of a California Registered
Engineer.
Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained
and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-
20.0, WAGE RATES. The said rates shall include all employer payments that are required by
Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy
of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing
wages at the job site.
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 Twenty -Five Thousand Dollars ($25,000)
("Contract Sum"). 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.
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$625 per sheet (submittals with 1-5 sheets in quantity)
$600 per sheet (submittals with 6-15 sheets in quantity)
$550 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets
may include title and detail sheets, street plans, storm drain plans, meandering
sidewalk and parkway grading plans, rough & precise grading plans at 20, 30, 40 or
50 feet per inch scale.
Consultant receives no additional compensation for review of supporting documents
including, but not limited to hydrology and hydraulic calculation reports, soils reports &
engineer's cost estimates, conditions of approval, tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees necessary
to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental
payment for additional plan checks after the third check or for special engineering
reports including Water Quality Management Plans (WQMP) or other engineering
reports, shall be in made at the rates listed in the Schedule of Billing Rates attached
herewith for the actual hours submitted in conformance with Section 2.2 of the
Agreement. An estimate of hours to complete the plan check (after the third plan
check) or for special reports shall be made in writing to the Contract Officer for
approval as specified in Section 1.6 - Additional Services of the Agreement.
Last revised 7-3-12 21
Compensation for the first three plan checks shall be distributed at the following
schedule:
First Plan Check
65% of the Total Plan Check Fee
Second Plan Check
20% of the Total Plan Check Fee
Third Plan Check
15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the
Agreement. If a project is suspended, either definitely or indefinitely, the Consultant
shall be compensated based on the last completed plan check. If the plan check
process is completed prior to the third plan check, 100% of the plan check fee will be
paid upon completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions
will be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for
specific development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$155 per hour — no overtime, travel time, expenses or other administrative charges
will be allowable over and above the stated hourly rate schedule.
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.
Consultant shall provide services for a term of twelve (12) months beginning
September 3, 2013 and terminating on August 31, 2014.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff
during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal
1 n Plan Check
2nd Plan Check
V Plan Check
Plan Check Turn -Around (From Receipt from City Staff)
15 Working Days
10 Working Days
10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional
week for the 1 n and 2"d plan check shall be provided, if necessary to complete a
thorough plan check. The consultant shall advise the Contract Officer, in writing, if
additional time is needed.
Normal plan check operations will be conducted as follows:
1 � Submittal
Upon completing the V review, the Consultant shall submit the "red lined" plans and a
copy of the applicable Plan Check List to the City. The City will provide supplemental
comment as necessary and forward "red lined" plans to the applicant.
2"d and Subsequent Submittals
Upon receipt of the 2"d round plan check submittal from the applicant and upon
completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of
the applicable 2nd review Plan Check List to the City. The City will provide
supplemental comment as applicable and forward 2'review "red lined" plans to the
applicant. The process of applicant correction, Consultant review followed by City
review and "red lined" plan return to applicant shall continue until approvable plans are
generated and a plan approval letter is submitted to the City by the Consultant.
Last revised 7-3-12 23
If necessary, the Consultant shall be available to meet with City staff and/or the
applicant to review the plan check comments. The Consultant will communicate
directly with the applicant regarding plan check issues and clarifications. The City
desires an average of no more than 3 plan check rounds before final plan approval.
The Consultant shall also maintain a plan check log as follows to track the plan check
status. The plan check log shall include the following information:
1) Receipt Date
2) Transmittal Dates
3) Who is Receiving the Information
4) Status of Plan Check
5) Project Description and City Plan Check Number
6) Plan Check Fees
The Consultant shall maintain all files for a period of three years. Copies of requested
files will be furnished to the City upon request.
Exhibit D
Special Requirements
At no additional cost to the City:
1 . The Consultant shall provide a hand held (type) cellular telephone for each plan
checker assigned to the City Project(s) to assure rapid availability by telephone.
2. The Consultant shall provide his or her own transportation to and from the
designated work site. Consultant will not be compensated for travel time to
and from designated work site.
3. The Consultant shall respond to requests for plan check within twenty-four (24)
hours.
4. The Consultant shall supply all necessary tools and materials to perform their
work.
Last revised 7-3-12 25
STATEMENT OF ECONOMIC INTERESTS Date Received
Official Use iv
• • COVER PAGE
Please type or print in ink.
-
NAME OF FILER (LAST)
(FIRST) (MIDDLE)
M"L
PatI;�
1. Office, Agency, or Court
Agency Name
C I_A
0 r, S LA a r
k+ y e a u t �,-i-�
P I a ✓T 2 eti t'e w e v--
Divisio— n, B Department, District, if applicable
Your Position
n to
► If filing for m6lft4le positions, list below or on an attachment.
Agency:
Position:
2. Jurisdiction of Office (check at least one box)
❑ State
❑ Judge or Court Commissioner (Statewide Jurisdiction)
❑ Mul6-County,
❑ County of
City of L
Other
3. Type of Statement (Check at least one box)
❑ Annual: The period covered is January 1, 2012, through
❑ Leaving Office: Date Left —J I
December 31, 2012.
(Check one)
-or-
The period covered is —/— I through
O The period covered is January 1, 2012, through the date of
December 31, 2012.
leaving office.
Assuming Office: Date assumed 10 1 1 '5
O The period covered is I I through
the date of leaving office.
❑ Candidate: Election year and office sought, if different than Part 1:
4. Schedule Summary
Check applicable schedules or "None." ► Total number of pages including this cover page:
❑ Schedule A-1 • Investments — schedule attached
Schedule C - Income, Loans, & Business Positions — schedule attached
❑ Schedule A-2 - Investments — schedule attached
❑ Schedule D - Income — Gifts — schedule attached
❑ Schedule B - Real Property — schedule attached
❑ Schedule E - Income — Gifts — Travel Payments — schedule attached
-or-
x. None - No reportable interests on any schedule
5. Verification -I1 K C-A t' e e- nL
.
MAILING ADDRESS STREET CITY
STATE LP CODE
(Business er AgWCy Address Recommended - Public Document)
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained
herein and in any attached schedules is true and complete. I acknowledge this is a public document.
I certify under penalty of perjury under the laws of the State of California that the
Date Signed I (! 3
(rt-th. day yeaQ
is true and coecpct '' p
oVmll1' signed statement *M you/RM official)
FPPC Form 700 (2012/2013)
FPPC Advice Email: advice@fppc.ca.gov
FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov
7V,-IV) q,2&-13
. O
D"""")
e. CERTIFICATE OF LIABILITY INSURANCE
F°".9/23/
09/23/2013
THIS CERTIFICATE IS 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(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the cerdficate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. N SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this cerONcate does not confer rights to the
certl8cate holder In Ileu of such endorsemen s .
PRODUCER 1-800-300-0325
Holmes Murphy E Assoc - CR
500 let Avenue SIR, Suite 300
CEAC Jackie Devine
NAAMPHONE
. 319-896-7702 FAX �; 866-227-1521
EpO pEgg; jdsvineeholmes mm orph .ca
INSURERS AFFORDING COVERAGE
NAIC4
Cedar Rapids, IA 52401
INSURERA; Zurich American Insurance Company
16535
Kevin Knutson
INSURED
HR Green Inc
INSURER B:
INSURER C :
INSURER D:
8710 Rarhart Lane SW
P.O. Box 9009
Cedar Rapids, IA 52409-9009
INSURER E:
INSURER F
M 4Ai12[N_T1=I
-------------------
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.
INSR
LTRPOLICY
TYPE OF INSURANCE
NUMBER
POLICY EFP
POLICY EXP
LIM"
A
GENERAL LIABILITY
X
X
GL0373096703
01/01/1
01/01/14
EACH OCCURRENCE
E 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE rx-1 OCCUR
PR MSES Me emuner
f 300.000
MEDEXP(Arr oneperson)
$ 10,000
PERSONAL a ADV INJURY
f 1,000,000
GENERALAGGREGATE
f 2,000,000
GENL AGGREGATE UMIT APPUES PER:
PRODUCTS - COMPIOPAGG
52,000,000
POLICY MPRO- 8 LOC
$
A
AUTOMOBILE
LNBa.nY
BAP373096803
COMBINED SING LI
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2,000,000
BODILY INJURY (Per person)
E
X
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Peraaident)
f
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ANY PROPRIETORIPARTNEEXECUfIVE
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(M.dNM In NH)
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NC373096603
Ol/01/1
01/01/14
DRYTATU- OTH-
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DE8CRIPYION OF OPERATIONS I LOCATIONS I VENNXES (AtlAra ACORD 101, AddObnM Remorse 3cNWUN, Hman epees le re9ubed)
The City of La Quints, its officials, employees and agents are Additional Insured on General Liability as required by
written contract with the insured, per policy terms and conditions. The General Liability includes a Waiver of
Subrogation in favor of the City of Is Quints as required by written contract with the insured, per policy terse and
conditions.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
:y of La Quints THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
:nl Maria Casillas
495 Calla Tampico USA AUTHORREOREPRESENTATNE
Quints, CA 92253
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
kbrewercr
35832197
ACOREF DATE (MM OW WYY)
CERTIFICATE OF LIABILITY INSURANCE 09/23/2013
THIS CERTIFICATE IS 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 INSURERB), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder M an ADDITIONAL INSURED, the policy( lee) must be endorsed. N SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the
certificate holder In lieu of such endoreemen e .
PRODUCER
Cmratl
Name: Laura Sereika or Jennifer 7rem
Aon Risk Services Central, Inc.
Chicago IL Office
Chi E. o, IL 606 12°i Floor
Chicago, IL 60601 USA
P.n.
AC, N. Ea : 312-381-2602 or 312-381-4304
FAX
A,C, No): 312-381-0276
Aeereas. laumsereika aon.wrn or iennifectrem aon.com
INSURERS AFFORDING COVERAGE
NAIL#
INSURED
INSURER A: St Paul Fire a Marine Insurance Co.
24767
HR Green, Inc.
INSURER B: Liberty Insurence Urlderwritere Inc.
19917
INSURER C:
Green Companies, Inc.
INSURER D.
8710 Earhart Lane SW
Cedar Rapids, IA 52404 USA
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER 012male" ursoxn.
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,
INSR
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TYPE OF INSURANCE
ADDL
BSR
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YYVD
POLICY NUMBER
POLICY EFF
(MMDD/YYVY)
POLICY EXP
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LIMITS
GENERAL LIABILITY
❑ COMMERCIAL GEN. LIABILITY
EACHOCCuaRENCE
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❑ POLICY ❑PROJECT ❑ LOC
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BODILYINIURY Per
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❑ SCHEDULED AUTOS
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❑
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❑EXCESS LWB ❑CLAIMS -MADE
ZUP14NB656613NF
01/01/2013
01/01/2014
AGGREGATE -
$ 15000000
$
❑ DEDUCTIBLE
DD RETENTION $10,000
SIR applies per
policy terns&
conditiom
$
AND EMPLOYERSKERS LUUSUJCOMPENSATION
ANY EMPLOYERS NEFJ E
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WC STATII-
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B
Professional Liability
AEE2004260113
01/01/2013
01/01/2014
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Deduc E 350,000
CwTION OF OPERATIONS I LOCATIONS I VEHICLES (AeaN ACORD Hbnal es Is101, AddWlrerka SeMdula, I mars apsmalmd:
On -Call Engineering
FRE
City of La Quints
Attention: Maria Casillas
78-495 Calls Tampico
La Quints, CA 92253
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE YRLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
nvvn,i w 1aa,waal
The ACORD name and logo are reaistered marls of ACORD
1r 0
Additional Insured — Automatic — Owners, Lessees Or ZURICHO
Contractors
Policy No.
I 19r. Orate Of Pd.
I E'xP. Date d Pd.
I 0f. pate Of End.
I Producer No.
Add1. Prom
Return Pram.
GL00373096703
01/01/2013
01/01/2014
01/01/2013
37-17"00
THIS ENDORSENENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY.
Named Insured: GREEN COMPANIES, INC.
Address (Including ZIP Coda): 8710 Earhart Lane SW
Cedar Rapids, IA 52409
This endorsement modifies insurance provided under the:
Commercial General I-labllMy Coverage Part
A Section If — Who Is An Insured is amended to include as an Insured arty person or organization who you are required
to add as an additional Insured on this pocky under a written contract or written agreement.
B. The insurance provided to the additional insured person or organization applies only to 'bodily Injury", "property
r damage" or "personal and advertising injury" covered under Section 1 — Coverage A — Bodily Injury And Property
Damage Llabitly and Section 1 — Coverage B — Personal And Advertising Injury LWAly, but only with respect to
liability for bodily injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
and resulting directly from your ongoing operations or your work" as included in the "products -completed operations
hazard", which Is the subject of the written contract or written agreement.
C. However, regardless of the provisions of Paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a That is not provided io you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or
organization in the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or (allure to render
any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
2 Supervisory, inspection, architectural or engineering activities.
LLq.-1175-D CW (10111)
Page 1 d2
tneludescopydghtad material of Immnce Services Office, Inc, with its penmssion.
AgeM Copy
E. The additional insured must see to lt that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result In a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
& A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another Insurer under which the additional insured may be an insured In any capacity. This provision does not
apply to insurance on which the additional Insured is a Named Insured, if the written contract or written agreement
requires that this coverage be primary and non-contributory.
F. For the coverage provided by this endorsement:
1. The following paragraph is added to Paragraph" of the Other Insurance Condition of Section W—Corrtrterelal
General Liability Conditions
This insurance is primary insuranoe as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non-contributory with
respect to any other policy upon which the additional insured Is a Named Insured. In that event, we will not seek
contribution from any other such Insurance policy available to the additional Insured on which the additional
Insured person or organisation is a Named Insured.
2 The followiinGerwal gp ragC�repphhIsadded to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commwelai
This Insurance Is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional Insured on our policy is also covered as an additional insured on another pocky
providing coverage for the same "occurrence°, offense, claim or "suit". This provision does not apply to any policy
In which the additional insured is a Named Insured on such other policy and where our policy Is required by
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional Insured.
All other terms and conditions of this policy remain unchanged.
u-cL-1175-0Cw(10/1+)
Page 2 of 2
Inctudescopyrighted material ofInsurance Services Olawit ce, Inc., h fts permission.
p"m coon
Sig
Waiver Of Subrogation (Blanket) Endorsement
Policy No.
Eff. Date of Pol.
Exp. Date of Pol. I Eff. Date of End.
Producer
Add1. Pre,
Return P,m.
GL00373096703
01/01/2013
01/01/2014 01/01/2013
37-179-000
s
S
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Traoafer Of Righb Of Recovery Against Others To Us Condidom
If you are required by a written contract or agreement, which is executed beforea loss, to waive your rights of recovery from
others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to
any other operations in which the insured has no contractual interest.
/ysm copy
U-GL-925-B CW (12/01)
Page 1 of 1
HRGreen
Date: September 20, 2013
To: Maria Casillas
From: George Wentz
RE: Contract
MEMORANDUM
YRN111f!!f#fYYYf##N1R11ff11111f1f#1ffR1}ffiR111f1tMYY#YYfff#11lfHRR1R1f#!f##1fftM1RRR111HYff11f1f11RR111f f
Attached please find the contract for or On -Call Engineering Plan Check Services.
Please note the following items:
1. The corporate name was changed to our HR Green California, Inc. title.
2. The address was changed on page 16 to our corporate address headquarters.
3. 1 made only one minor change to the agreement on page 7. Our insurance company
informed us that this form is no longer used and has been replaced.
4. 1 included a letter regarding our deductible on our Professional Liability Coverage as
required in the agreement.
I am securing the insurance certifications as required.
We will apply for the business license as required.
Please let me know if you have any questions. I can best be reached on my cellular phone @
714-287-2275 or my email address is: gwentzohrgreen.com.
HRGreen
September 20, 2013
City of La Quinta
Mr. Frank Spevacek
City Manager
78-495 Calle Tampico
La Quinta, CA 92253
RE: Insurance Deductible
Mr. Spevacek:
Per Section 5.3; Sub -section 10, this letter is to advise the City of La Quinta of our deductible
related to our professional liability coverage. HR Green California, Inc. currently carries a
deductible of $350,000.
HR Green has carried this level of deductible for many years without incident. HR Green is a
multi -million corporation that has been in business for 100 years. Our ability to carry this
deductible amount as proven to be a prudent measure for HR Green as well as a cost saving to
our clients.
Please advise me if you have any questions.
Best Regards,
HA Green alifomia, In .
G rge A. W
Vice President
HRGreen.com
Phone 949.250.6213 Fax 949.955.1590 Toll Free 800.728.7805
5000 Birch Street, Suite 6000, Newport Beach, California 92660
a
w
,
;'.
PROFESSIONAL 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 HR GREEN CALIFORNIA, 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 On Call Engineering
Plan Check 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).
Last revised 2-5-14 1
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, 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
Last revised 2-5-14 2
Compensation") in a total amount not to exceed Seventy Thousand Dollars
($70,000) (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 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, 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.
Last revised 2-5-14 3
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 Maleure. 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 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 April 7, 2014
and terminate on June 30, 2015. This agreement may be extended for one
additional year upon mutual agreement by both parties.
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. Tina York, P.E.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of 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.
Last revised 2-5-14 4
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer 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 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
Last revised 2-5-14 5
(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)
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.
Last revised 2-5-14 6
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.
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 wkh an
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
Last revised 2-5-14 7
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 Contractor 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 of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
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.
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
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
Last revised 2-5-14 8
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 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
Last revised 2-5-14 9
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.
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
Last revised 2-5-14 10
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 cause 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 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.
Last revised 2-5-14 11
a. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
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.
Last revised 2-5-14 12
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.
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.
Last revised 2-5-14 13
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 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.
Last revised 2-5-14 14
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 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.
Last revised 2-5-14 15
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:
Attention: Frank Spevacek
City Manager
78-495 Calle Tampico
La Quinta, California 92253
To Consultant:
HR Green California, Inc.
Attention: George A. Wentz
Vice President
1100 Town & Country, Suite 1025
Orange, California 92868
Email: gwentz@hrgreen.com
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 Severabilitv. 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
Last revised 2-5-14 16
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 QUINTA a California municipal corporation
ATTEST:
Z.jj1, h
Susan Maysels, City Ctdrk
APPROVED AS TO FORM:
M. Katherine Jenfiofi, City Attorney
Last revised 2-5-14 17
CONSULTANT: HR Green California, Inc.
By: WqA�K
Name: (�D26-e A .WE�-1-i—y
Title: Vi6E PXeSlfJGw-r
Date: 21 29(4-
Last revised 2-5-14 18
Exhibit A
Scope of Services
Plan checking may be provided by an On Call Engineering Plan Check Consultant,
as applicable, with'the following scopes:
Plan Checking
Improvement plan checking will include the review of plans submitted for
subdivision (residential) improvements, commercial developments, and
infrastructure improvements within the City's right of way. The plans shall be
reviewed for conformance with local and other applicable (County, State and
Federal) ordinances and standards with a strict attention to details. Plan check
services may include, but are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new
street plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including Fugitive Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
• To check for design conformance to:
- The approved Tentative Map
- Related Specific Plans
- General Plan and City Ordinances
- Conditions of Approval
- City Standards
- ADA Standards
- The City's Subdivision Plan Check Lists
- Other Agency Requirements such as Riverside County Flood Control
District (RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current
Plan Check Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
- Will not function due to poor engineering.
Last revised 2-5-14 19
- Is not consistent with the Approved Tentative Map or Conditions of
Approval.
- Will be potentially unsafe to the public.
- Is Impractical to construct.
All plans shall be reviewed under the direct supervision of a California Registered
Engineer.
Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has
ascertained and does hereby specify that the prevailing wage rates shall be those
provided in Article 1110-20.0, WAGE RATES. The said rates shall include all
employer payments that are required by Section 1773.1 of the Labor Code. The City
will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall
be the duty of the Contractor to post a copy of such prevailing wages at the job site.
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 Seventy Thousand Dollars ($70,000) ("Contract Sum").
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.
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$625 per sheet (submittals with 1-5 sheets in quantity)
$600 per sheet (submittals with 6-15 sheets in quantity)
$550 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets
may include title and detail sheets, street plans, storm drain plans, meandering
sidewalk and parkway grading plans, rough & precise grading plans at 20, 30, 40
or 50 feet per inch scale.
Consultant receives no additional compensation for review of supporting
documents including, but not limited to hydrology and hydraulic calculation reports,
soils reports & engineer's cost estimates, conditions of approval, tentative tract
and parcel maps.
Consultant receives no additional compensation for delivery or postage fees
necessary to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental
payment for additional plan checks after the third check or for special engineering
reports including Water Quality Management Plans (WQMP) or other engineering
reports, shall be in made at the rates listed in the Schedule of Billing Rates attached
herewith for the actual hours submitted in conformance with Section 2.2 of the
Agreement. An estimate of hours to complete the plan check (after the third plan
check) or for special reports shall be made in writing to the Contract Officer for
approval as specified in Section 1.6 - Additional Services of the Agreement.
Last revised 2-5-14 21
Compensation for the first three plan checks shall be distributed at the following
schedule:
First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the
Agreement. If a project is suspended, either definitely or indefinitely, the
Consultant shall be compensated based on the last completed plan check. If the
plan check process is completed prior to the third plan check, 100% of the plan
check fee will be paid upon completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions
will be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for
specific development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$155 per hour — no overtime, travel time, expenses or other administrative charges
will be allowable over and above the stated hourly rate schedule.
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.
Consultant shall provide services for a term of twelve (12) months beginning April
7, 2014 and terminating on June 30, 2015.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00
p.m., Monday through Friday. The Consultant shall be available to meet with City
Staff during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn -Around (From Receipt from City Staff)
1' Plan Check 15 Working Days
2n' Plan Check 10 Working Days
3' Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the V and 2"' plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer,
in writing, if additional time is needed.
Normal plan check operations will be conducted as follows:
1' Submittal
Upon completing the to review, the Consultant shall submit the "red lined" plans
and a copy of the applicable Plan Check List to the City. The City will provide
supplemental comment as necessary and forward "red lined" plans to the applicant.
2"' and Subsequent Submittals
Upon receipt of the 2"' round plan check submittal from the applicant and upon
completing the 2"'review, the Consultant shall submit "red lined" plans and a copy
of the applicable 2" review Plan Check List to the City. The City will provide
supplemental comment as applicable and forward 2"'review "red lined" plans to the
applicant. The process of applicant correction, Consultant review followed by City
review and "red lined" plan return to applicant shall continue until approvable plans
are generated and a plan approval letter is submitted to the City by the Consultant.
Last revised 2-5-14 23
If necessary, the Consultant shall be available to meet with City staff and/or the
applicant to review the plan check comments. The Consultant will communicate
directly with the applicant regarding plan check issues and clarifications. The City
desires an average of no more than 3 plan check rounds before final plan approval.
The Consultant shall also maintain a plan check, log as follows to track the plan
check status. The plan check log shall include the following information:
1) Receipt Date
2) Transmittal Dates
3) Who is Receiving the Information
4) Status of Plan Check'
51 Project Description and City Plan Check Number
6) Plan Check Fees
The Consultant shall maintain all files for a period of three years. Copies of
requested files will be furnished to the City upon request.
STATEMENT OF ECONOMIC INTERESTS Date Received
Official Use iv
COVER PAGE
Please type or print in ink.
NAIL OF RM ppsry 1� XDDW
York Tina Marie
1. Office, Agency, or Court
Agency Name (Do not use acronyms)
City of La Quinta
Division, Board, Department, District if applicable Your Position
Public Works Department
Development Services Manager
► N filing for multiple positions, fist below or on an attachment. (Do not use acronyms)
Agency:
2. Jurisdiction of Office (check at Went one box) — — - — -
❑State
❑ Multi -County
m City of La Quints
3. Type of Statement (check at tow one box)
m Annual: The period covered is January 1, 2013, through
December 31, 2013.
The period covered is 1. 1 through
December 31, 2013.
❑ Assuming Office: Date assumed
❑ Candidate: Election year
❑ Judge or Court Commissioner (Statewide Jurisdiction)
❑ County of
❑ Other _
❑ Leaving Office: Date Leff
(Check one)
O The period covered is January 1, 2013, through the date of
Waving office.
O The period covered is -J I , through
the date of leaving office.
and office sought, d different than Part 1:
4. Schedule Summary 2
Check applicable sc heirdes or 'Nam' ► Total number of pages including this cover page.-
❑ Schedule A-1 - Investments — schedule attached
m Schedule C - Income, Lams, & Business Positions — schedule attached
❑ Schedule A4 - Investments — schedule attached
❑ Schedule D - Income — Gills — schedule attached
_�F. ❑ Schedule B Real Property —schedule attached ^
❑ Schedule E - Income — Girts — Travel Payments — schedule attached
-or-
El None - No reportable Interests on any schedule
& Verification
MAILING ADDRESS STREET CITY STATE ZIP CODE
(Basims arAgerp ACMess RBrortmBMed - Public nupxreM)
1100 Town & Country Rd, Ste 1025 Orange
CA 92868
( 951 ) 255-3478 1 tyork@hrgreen.com
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained
herein and in any attached schedules is true and complete. I adoroxAedge this is a public document.
I cwft under penalty of perjury under the laws of the State of California that the foregoing Is We and eorrectt
Date Signed r t` btignadrre
( ,d,x Ysm fFdeae ai�+Naprd vMras�paxcro'.)
FPPC Form 700 (2013/2014)
FPPC Advice Email: advice®fppcce.gov
FPPC Toll -Free Helpline: OW275-3772 www4pr—ca.gov
SCHEDULE C
Income, Loans, & Business
Positions lNam!e(Other than Gifts and Travel Payments) Tina M.
NAME OF SOURCE OF INCOME I I NAME OF SOURCE OF INCOME
HR Green California
ADDRESS (Busimw Address Acceptaefe)
1100 Town&Country Rd,Ste 1025/Orange/CA 92868
BUSINESS ACTIVITY, IF ANY, OF SOURCE
Municipal Consulting
YOUR BUSINESS POSITION
Development Services Manager
❑ $500 - $1,000 ❑ t1,00l - $10,000
❑ $10,001 - 3100.000 21 OVER $100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
® Salary ❑ Spouse's or registered domestic pmtnn's income
❑ Loan repaymam ❑ Pmmerstup
❑ Sale of
proper0: car, beer, at)
❑ Commtistion a ❑ Rarda Inoare, sat soar ssurtx a f10,OW w mwe
❑ Omer
(Desolbe)
ADDRESS (Business Ad*= Accepfabh)
BUSINESS ACTIVITY IF ANY, OF SOURCE
YOUR BUSINESS POSITION
❑ t5oo - $1,000 ❑ t1,o01 - S10,000
❑ $10,001 - 0100,000 ❑ OVER 0100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
❑ Salary ❑ Spouxh a ragislered dare be partner's income
❑ Loan nepaymem ❑ Part mrship
❑ Sale Of
pmpe* ®. boa& eft)
❑ Camussicn or ❑ RmW a.=. av eeoha o Slo 000 a more
❑ Dow
(Deembe)
2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
' You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a
retail installment or credit card transaction, made in the lender's regular course of business on terms available to
members of the public without regard to your official status. Personal loans and loans received not in a lender's
regular course of business must be disclosed as follows:
NAME OF LENDER'
INTEREST RATE TERM (MI
—%—❑-None
ADDRESS (BusirWW Aches Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $500 - $1,000
❑ $1.001 - $10,000
❑ $10,001 - $100,000
❑ OVER $100,D00
Comments:
SECURITY FOR LOAN
❑ None ❑ Persona reeidarnro
❑ Real Properly
Sbea ad"n
Cify
❑ Guarantor
❑ Other
(Desame)
FPPC Form 700 (2013/2014) Sch. C
FPPC Advice Email: advlce@fppc.ce.gov
FPPC Toll -Free Helpline: 866/275-3772 www.fppe.co.gov
4tc.toRve CERTIFICATE OF LIABILITY INSURANCE
°03/21/20
`...�
03/21/2014
4
THIS CERTIFICATE IS 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(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not writer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER 1-800-300-0325
Holmes Murphy 6 Assoc - CR
500 let Avenue NB, Suite 300
ATE CT Michelle Gruie
PHONE 319-896-7715 FNc Ne: 866-231-7822
.MAIL
AO ESS: agruiseholmesmurphy.com
INSURE 8 AFFORDING COVERAGE
NAIC4
Cedar Rapids, IA 52401
Ravin Knutson/Paula Dixon
INSURER A: Zurich American Insurance Company
16535
INSURED
HR Green California, Inc.
INSURER e: at Paul Fire & Marine Ise Co
1643
INSURER C: XL Specialty Insurance Company
37885
1100 Town is Country
Suite 1025
INSURER D:
INSURER E:
Orange, CA 92868
INSURER F :
C NUMtftK: J&YDY.1b1
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.
ILTR
TWEDF INSURANCE
S
pOUCY NUMBER
PO Dp EFF
MMIDD E%P
La111S
A
GENERAL LIABILITY
OL0373096704
01/01/1
01/01/15
EACH OCCURRENCE
S 1,000,000
X COMMERCIAL GENERAL LNBILRY
PREMISES N
f 300.000
MEDEXP(An 0oepe )
$ 10,000
CLAIMS -MADE T OCCUR
PERSONAL a ADV INJURY
f 1,000.000
GENERAL AGGREGATE
$ 2,000,000
GENL AGGREGATE
LIMIT APPLIES PER:
PRODUCTS -COMPIOP AGO
$2,000,000
POLICY
X PRO 21 LOC
f
A
AUTOMOBILE
LIABILITY
BAP37309680
5
COMBINED SINGLE LIMIT
aacd.0
S 2,000,000
X
BODILY INJURY(Perpersen)
f
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Pa acoden)
f
X
NON -OWNED
HIRED AUTOS H AUTOS
PROPERTY OAMAGE
Per scodent
S
f
e
X
UMBRELIALIA
E
OCCUR
ZOP14N6656614
01/01/1
01/01/15
EACH OCCURRENCE
S 15, 000, 000
AGGREGATE
S 15, 000, 000
EXCESS LAB
CLNMS-MADE
DED I E I RETEN'TION$ 10, 000
Is
A
WORKERS COMPENSATION
ANDEMPLOYERS'LL181LITY
WC373096604
O1/O1/1
O1/O1/15
E 1YC STATU- OTH-
YIN
ANY PROPRIETOR/PARTNEWEXECUTIVE
OFFICERIMENBER EXCLUDED?
NIA
E.L. EACHACCIDENT
f 1, 000, 000
E.L. DISEASE - FA EMPLOYE
f 1, 000, 000
(MarMa"In NM
If yes, describe under
E.L. DISEASE -POLICY LIMIT
S 1, 000, 000
DESCRIPTION OF OPERATIONS below
C
Professional Liability
DPR9710713
01/01/1
01/03 15
Per Claim 5,000,000
(Claims Made Coverage)
Aggregate 61000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeacll ACORD 101, Amin Remake acwa , N mwe epm k r uir )
The City of La Quints, its officials, employees and agents are Additional Insured on General Liability an required by
written contract with the insured, per policy terms and conditions. The General Liability includes a Waiver of
Subrogation in favor of the City of La Quints, as required by written contract with the insured, per policy terms and
conditions. -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of La Quint& , THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Maria Casillas
78-495 Calls Tampico AUTHORIZED REPRESENTATIVE
La Quints, CA 92253 Av"�( M•/•,;;,
USA
O 1988-2010 ACORD CORPORATION. All dahts reserve
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
kbrewercr
38904351
Additional Insured —Automatic — Owners, Lessees Or
Contractors
ZURICH
Policy No.
I Eff. Date of Pol.
Exp. Date of Pol.
I Eff. Date of End.
I Producer No.
Add 1. Prem
Return Pram.
PLO 03730967-04
01/01/2014
01/01/2015
01/01/2014
37-179-000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: HR GREEN CALIFORNIA, INC.
Address (including ZIP Code):
1100 Town & Country, Suite 1025
Orange, CA 92868
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal
and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, If the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
U-GL-1175-F Cw(04/13)
Page 1 of 2
Indudes copyrighted material of Insurance Services Office, Inc., with its permission.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence' or offense that may result in a claim;
2. We receive written notice of a claim or "suit' as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy
in which the additional insured is a Named Insured on such other policy and where our policy is required by a
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
U-GL-1175-F CW (f14/13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Waiver Of Subrogation (Blanket) Endorsement
9
ZURICH
Policy No.
Eff. Date of Pol.
Exp. Dace of Pol.
Eff. Date of End.
Producer
Add-1. Pwrn
Renun Prem.
GL003730967-04
01/01/2014
01/01/2015
1 01/01/2014
37-179-000
E
$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from
others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any
other operations in which the insured has no contractual interest.
U-GL-925-B CW (12101)
Page 1 of I