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HR Green
�3a ..v::.t.._..,...;. - + _ Ti kkk ',41 Vv Januar �VI8 ► 1260 Corona Pointe Court I Suite 305 1 Corona, CA 92879 Main 855.900.4742 + Fax 855.641.5877 HRGreen P A C I F I C January 12, 2018 City of La Quinta Attn: Burt Hanada Design and Development Department — Building Division 78-495 Calle Tampico La Quinta, CA 92253 Subject: On -Call Building Plan Review and Inspection Services Delivering "Best in Class" Services: Quality, Continuity, Responsiveness, Reliability, Stewardship Dear Burt and Other Selection Committee Members: Long dedicated to a thoughtful, thorough, and well -organized development approach, the City of La Quinta has rightfully earned its reputation as the "Gem of the Desert." HR Green Pacific, Inc. (HR Green) and our key proposed staff have been instrumental in assisting the City for more than 15 years process and deliver major developments, such as the initial phases of SilverRock Resort. We are also aware that your vision is to promote The La Quinta Village as a destination center with a vibrant entertainment feel full of commercial and mixed -use opportunities. Consequently, we are ideally suited to maintain critical continuity to SilverRock's upcoming phases, ongoing custom home developments, and other commercial and mixed -use projects. We will meet and exceed your upcoming needs, by virtue of having served as the City's Development Coordinator, plan checker, and CASp consultant on the successful earlier phased implementation of the SilverRock master plan and related custom home, ADA, commercial, and residential projects. Our local experience, nationally recognized building code development staff, successful track record, and staff continuity provides unmatched experience with the City's policies, practices, TRAKIT and Bluebeam Revu software, and procedures. Our Differentiators / Why We Are Best Suited to Deliver These Services: °I Staff with successful building plan check experience locally, regionally and within desert areas Continuity by assigning same engineering staff who have delivered La Quinta's full -service civil plan check services (past five years) and processed diverse and major La Quinta projects (commercial, industrial, resort, mixed -use) For La Quinta have reviewed 100+ civil engineering plan check projects (past 10+ years), helped update City's checklists, and coordinated with developers' engineers to monitor that applicable City and regulatory agency standards and requirements are met N Proficiency using City of La Quinta's TRAKIT system and Bluebeam Revu software interface Page 1 City of La Quinta I Page 2 ® Project Manager, Paul Armstrong, PE, CBO, has 30 years of recognized leadership in municipal building and safety engineering and code development/interpretation and work in the Coachella Valley (e.g., Coachella, Cathedral City, and Palm Desert). Has developed codes, International Residential Code — Building Code Development Committee and ICC Code Correlation Committee member, CALBO code instructor, Vice -President of ICC Orange Empire Chapter. Staff have supported 30+ California agencies providing plan check and inspection services Riverside County -based staff and office ensures rapid response Successful track record consistently meeting or beating turnaround review schedules and timely inspection using paperless solutions and field inspection apps a Exclusively serve public agencies / No conflict of interest S Proficiency implementing electronic plan check/digital commenting, web -based tracking logs/systems, and field -based inspection apps HR Green's Contact Person for the Remainder of the Selection Process Tim Jonasson, PE, Municipal Services Executive 1260 Corona Pointe Court, Suite 305, Corona, CA 92879; Office: 855.900.4742; Cell: 760.250.6722 HR Green's Review of Professional Services Agreement HR Green has a current Professional Services Agreement (PSA) with the City of La Quinta. We are confident we can enter into an agreement and have included "proposed language modifications" to the PSA as items to discuss at the end of our proposal. Subconsultant LandMark Consultants, Inc. maintains a Palm Desert office and will provide soils report / geotechnical review services. The firm has worked with La Quinta and brings extensive geotechnical engineering experience throughout the Coachella Valley for more than 20 years. Our goal is to provide helpful code insight, responsiveness, and collaboration early and often to applicants while leveraging a proven development review process and electronic plan review/digital commenting to maximize efficiencies, promote project transparency, and save time and money. HR Green brings an unsurpassed combination of City knowledge, successful delivery of the SilverRock development and other La Quinta projects, and proven working relationships with the development community, while protecting municipal interests to foster a collaborative, business friendly environment to process developments in a timely and efficient manner. Sincerely, GE ViI HRGreen FACI F ! C 2. STATEMENT OF QUALIFICATIONS Project Personnel HR Green presents an unparalleled team of renowned building code specialists, staff continuity responsible for successfully delivering La Quinta's key projects (e.g., SilverRock, major commercial/residential developments, custom homes), and proficiency with the City's electronic plan check system (TRAKiT, Bluebeam Revu). The following table highlights key staff and their roles, followed by an organization chart. Brief, individual resumes detailing personal experiences for prime (key) consultant staff and plan reviewers and inspectors are listed after the organization chart. Key Proposed Project Personnel Paul • . PE, CBGI..,,_ • Project Manager (Plan Review & Inspection) • Principal -in -Charge • QA/QC Manager York,Tina r - • Grading Plan Check Task Leader City of La Quinta Buildine Bob Hufnagle, CBO Lucian Gunter, RA Art Castro, CBO, CASp Behrouz (BJ) Azarvand, CASp Steve McCaslin, RA, LEED AP Beth Jay Gradin¢ Tina York, PE James Xiang, PE Mike Myers, PE, QSD/QSP Selena Jong Geotechnical Greg Chandra, PE Ron Anderson Bob Hufnagle, CBO Lonnie Partch Cathy Schilling Additional 5toff Available Depending Upon Workload Additional Staff Available Depending ® L Upon Workload HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 3 P A C: FIC Key Staff Resumes Paul Armstrong, PE, CBO Project Manager Education / Registration / Certification Bachelor of Science, Civil Engineering; Registered Civil Engineer, CA #45464; ICC Certified Building Official Experience With more than 30 years of building safety management experience, Paul teaches regularly for the California Building Officials and has developed or helped develop a number of their training courses, including courses on the Significant Changes to the 2013 and 2016 CBC and CRC among others. He has managed building plan review, counter assistance, and/or inspection as a Building Official and has managed building safety operations for 40+ Southern California agencies. Paul has served various Coachella Valley communities, including Coachella, Cathedral City, and Palm Desert. He is the current Vice -President of the ICC Orange Empire Chapter, member of the International Residential Code — Building Code Development Committee and ICC Code Correlation Committee, and past Governing Board member of the ICC Building Officials Membership Council. Tim Jonasson, PE Principal -in -Charge Education / Registration Masters, Business Administration; Bachelor of Science, Civil Engineering; Registered Civil Engineer, CA #45843 Experience A La Quinta resident, Tim most recently served as Director of Design and Development/City Engineer for the City of La Quinta for the past two years after having served as Public Works Director/City Engineer for the City the previous 13 years. He provided expertise and guidance to the executive team and City Council and served as a working director leading a department of 27 full-time employees (Engineering, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering and street and landscape maintenance. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District which supply water/sewer and power to the City. Some of his key initiatives included: Providing project management for the SilverRock Resort, the City's largest redevelopment project, a $100 million investment including an Arnold Palmer designed golf course, which opened in 2005, as well as entitlement of two private luxury hotels, conference center, permanent clubhouse and residential and commercial retail components in future phases. 4 Instituting the Americans with Disabilities Act (ADA) Transition Plan to improve all city facilities including public buildings, parks and sidewalks to current ADA standards. PM10 Ordinance/AQMD: Represented the City in valley -wide adoption of dust control measures to address air quality issues from private development projects. HRGreen 0 City of La Quinta I On -Call Building Plan Review and Inspection Services 4 FA C1 FIc Bob Heinrich, CBO QA/QC Manager Education / Certification Bachelor of Science, Civil Engineering; Graduate studies; ICC Certified Building Official Experience Bob is a Certified Building Official with more than 33 years of experience in the building construction industry. He has served as the Building Official on high profile projects throughout Southern California, including major, on -going improvements with Walt Disney Imagineering, review of major hotels in Anaheim, and custom home development in affluent areas, such as Pacific Palisades. Formerly, he served as Chief Executive Officer of the International Code Council (ICC) and International Conference of Building Officials (ICBO) as well as Building Plan Check Supervisor for the County of Los Angeles. This involved implementing state-of-the-art technology. He continues to build strong relationships with numerous departments within various cities. Bob has a 25+ year working relationship with Paul Armstrong. Tina York, PE Grading Plan Check Task Leader Education / Registration Bachelor of Science, Civil Engineering; Graduate studies; ICC Certified Building Official Experience Tina brings 25+ years of experience focusing on civil plan review, project management, and civil engineering. For the past 10 years she has managed civil plan check services to the City of La Quinta. Consequently, Tina is proficient with La Quinta's TRAKIT system and continues to utilize Bluebeam Revu software to provide electronic plan check on 100+ residential, commercial, ADA, and custom home projects completed to date. She has managed plan check services for 30+ agencies, including Indio, Cathedral City, Victorville, Moreno Valley, RCTD, RCFC&WCD, County of Imperial, Hesperia, military housing at Ft. Irwin, and numerous other cities, water districts/departments, and counties. She has customized plan review reports and tracking logs, checklists, and budgetary worksheets for tracking inspection costs. Tina has also managed a web -based plan check tracking system to give agency staff 24/7 project status and implemented electronic plan checking to enhance communication, reduce review times, and save money. HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 5 P: L I F I L Bob Hufnagle, CBO Building Plan Checker / Inspector Education / Registration / Certification College Coursework; ICC Certified Building Inspector; ICC Certified Building Plans Examiner; ICC- Certified California Building Plans Examiner; ICC-Certified California Commercial Building Inspector; ICC- Certified California Commercial Electrical Inspector; ICC-Certified California Residential Building Inspector; ICC-Certified California Residential Electrical Inspector; ICC-Certified Certified Building Official; ICC-Certified Commercial Electrical Inspector; ICC-Certified Residential Electrical Inspector Experience Bob has more than 40 years of experience in the building construction industry. He has provided plan review of ADA-related elements associated with La Quinta projects. He has served as an Assistant Building Official, Building Inspector, and coordinated plan checks and permit counter operations. Moreover, he has issued building permits at the counter using EnerGov and searched records using Accutrac and Questys. Bob has been involved in professional organizations, including ICC, ICC Orange Empire Chapter, CALBO, IAPMO and TUPS. For a high -profile Southern California city, he was responsible for managing building counter, residential and commercial plan check, water quality inspection, residential and commercial inspections, permit technician, and communicating with design professionals, contractors, home owners and coworkers. Recently, he oversaw the plan review, processing, inspection, and approval of a 300+unit multi -story apartment complex which included a multi- story parking structure and clubhouse. Art Castro, CBO, CASp Building Plan Checker Education / Certification Masters, Civil Engineering; ICC Certified Building Inspector; ICC Certified Building Plans Examiner; ICC Certified Building Code Official; ICC Certified Building Official; ICC Certified Residential Combination Inspector; Certified Access Specialist (CASp); ATC-20 Certified; CABEC Certified Nonresidential Energy Plans Examiner; CABEC Certified Residential Energy Plans Examiner Experience Art has nearly 30 years of experience in code interpretation, administration, plan review of residential and commercial buildings and building inspections. He has reviewed plans for 20+ cities and 4 counties, including the County of Orange, and Cities of Jurupa Valley, Claremont, La Puente, and Monterey Park. He regularly supports our civil plan review staff in site accessibility matters. HRGreen City of La Quinta I g Review anInspection On -Call Building Plan d Iection Services 6 FA C: FIG Lucian Gunter, RA Building Plan Checker Education / Certification BS, Architecture; Registered Architect, CA #22358 Experience Lucian has nearly 30 years of diverse architectural experience on a wide variety of projects, nine years of which have involved architectural, mechanical, electrical, plumbing, fire, fire alarm, life -safety plan review experience for city, university, architectural and private clients. He has issued permits at cities and spent time engaged in Building Official duties and responsibilities as well as field reviews and inspections. Lucian consulted for code reviews on projects totaling over $2.9 billion in total construction costs within the past 10 years. Behrouz (BJ) Azarvand, CASp Building Plan Checker Certification ICC-Certified Building Plans Examiner; CASp-Certified Experience BJ has 30 years of hands-on building and safety expertise, including serving as Building Official, plan reviewer, building inspector, and managing permit counter activities for numerous Southern California cities. Most recently, BJ has been providing plan check services for the County of Orange on the 23,000- acre Ranch project. He has conducted numerous code and process -related training sessions and seminars. He is very proficient in the electronic plan check process. Steve McCaslin, RA, LEED AP Building Plan Checker Education / Registration / Certification Bachelor of Science, Architecture; Architect, CA #C32377; Leadership in Energy and Environmental Design, Accredited Professional; ICC Certified Plans Examiner #92430-60 Experience Steve brings roughly 15 years of building plan review, project management, architectural design, construction administration, and expert witness experience on both renovations and new construction of residential, multi -family housing, commercial office, retail, and civic facilities with an emphasis on health care facilities ranging in value from $50,000 to $1 billion. As a building plans examiner he has been responsible for reviewing projects for conformance with governing jurisdictional regulations and ADA requirements. His expert witness experience includes evaluating construction defect and delay claims. He has also been responsible for medical planning, design development, production of construction documents, obtaining agency approvals, and construction administration of medical facilities in Rancho Mirage, Palmdale, Murrieta, Orange County, and Phoenix. City of La Quinta I On -Call Building Plan Review and Inspection Services 7 PA C: F I C Beth Jay Building Plan Checker Education / Certification BA, Business Management; ICC Certified Building Plans Examiner; CAL-OES-Certified Experience Beth brings architectural, energy, NPDES, green building code, non-structural, mechanical, electrical, plumbing, fire, fire alarm, smoke system, and life -safety plan review experience of residential, commercial, and industrial facilities. For nine years Beth served as a Plans Examiner for the City of Redondo Beach. Projects involved multiple hotels, Northrup -Grumman High Bay, multi -family residential, condos, and tenant improvements at South Bay Galleria. Beth has been involved in the plan review, coordination, tracking and routing of residential, photo -voltaic, and tenant improvement plans for the Cities of Laguna Hills and Palos Verdes Estates. James Xiong, PE Grading Plan Checker Education / Registration / Certification Master of Science, Transportation Engineering; Bachelor of Science, Civil Engineering; Registered Civil Engineer, CA #67998; IECA-Trained Experience James brings 20 years of project management, design, plan review, hydrology, hydraulics, water quality, transportation engineering, office engineering, and construction management experience related to public works, infrastructure, drainage, rail facilities, bridge, highway, and utilities projects. He has handled water quality design and review (WQMPs and SWPPPs), hydrology and hydraulics design and review, and plan review for 10+ agencies, including the City of La Quinta, Riverside County, and other nearby jurisdictions. Mike Myers, PE, QSD/QSP Grading Plan Checker Education / Registration / Certification Bachelor of Science, Civil Engineering; Registered Civil Engineer, CA #30702; Qualified SWPPP Developer and Practitioner (QSD/QSP), CA #20362 Experience Mike has more than 30 years of public sector engineering experience, including plan/map review for more than 15 cities. He possesses extensive project and construction management knowledge coupled with strong interpersonal communication skills. He has served as Deputy City Engineer for the City of Jurupa Valley and handled a broad range of municipal consulting services (federal grant funding, design, CIP management, plan review, assessment engineering, counter services, and construction management) for the Cities of Apple Valley, Moreno Valley, Rancho Palos Verdes, Palos Verdes Estates, Diamond Bar, San Dimas, Hidden Hills, and Moorpark. He also has been involved in the land development design and processing of projects throughout the Coachella Valley. iIJ ��'���^'li I,-J r117 City of La Quinta I On -Call Building Plan Review and Inspection Services 8 PACIFIC - Selena Jong Grading Plan Checker Education Bachelor of Science, Civil Engineering Experience Selena has more than 10 years of land development and plan review experience. She has provided on - call plan review to more than 10 public agencies, including the Cities of La Quinta, Jurupa Valley, Lake Elsinore, Moreno Valley, Palos Verdes Estates, Laguna Hills, Victorville, and Anaheim; Western Municipal Water District. She has served as Plan Checker of precise grading, rough grading, drainage, recycled water, potable water, and sewer/wastewater distribution systems (e.g., booster pump stations, sewer lift stations, PRV stations, and water storage tanks), and street improvement plans. For La Quinta she has utilized the City's TRAKiT project tracking system and Bluebeam Revu. Greg Chandra, PE Geotechnical Plan Checker / Soils Report Reviewer Education / Registration / Certification Bachelor of Science, Civil Engineering; Registered Civil Engineer, CA #34432 Experience Greg has over 30 years of experience supervising geotechnical, construction, and materials testing and inspection projects. His experience consists of a wide range of public works, land development, school and university facilities with construction costs well over $2 billion. He has performed geotechnical and materials consulting services for the Cities of La Quinta, Rancho Mirage, Palm Desert, Indian Wells, and Indio, as well as the Coachella Valley Water District, Desert Water Agency, State of California, Indian Tribes, and Military. Ron Anderson Building Inspector Education I Certifications College Coursework; ICC-Certified Building Inspector; ICC- Certified Building Plans Examiner; ICC- Certified Electrical Inspector; ICC-Certified Mechanical Inspector; ICC-Certified Plumbing Inspector Experience Ron brings 17 years of building plan review (primarily non-structural, tenant improvements, commercial, and minor structural), inspection (industrial, commercial, and residential), and code enforcement experience for cities and counties in California. He has experience entering inspection reports into various on-line and web -based permit tracking systems. Ron has inspected commercial tenant improvements, new homes up to 7,000 square feet in size, community parks, and OSHPD 3 inspection for patient care facilities (e.g., dentist and doctor offices). He has inspected developments constructed by Shea Homes, Standard Pacific, Western National Group, Ryland Homes, Meritage Homes, Tri Pointe Homes, William Lyon, and Warmington. City of La Quinta I On -Call Building Plan Review and Inspection Services 9 PACIFIC 0 Lonnie Partch Building Inspector Education / Certifications College Coursework; Certified Hospital Inspector — Class A #A-20711; NITC Medical Gas Inspector, ASSE 6020; ICC/ ICBO/UBC/UPC/UMC Legacy: Building Inspector, Combination Inspector, Combination Inspector— Legacy, Electrical Inspector, Mechanical Inspector, Mechanical Inspector UMC, Plumbing Inspector, and Plumbing Inspector UPC; California Office of Emergency Services: Safety Assessment Program (Evaluator) Experience Lonnie is a certified building inspector with 27 years of experience in the industry. He has demonstrated exceptional responsibility, as well as being diligent and thorough on the job. Lonnie has a successful track record completing projects accurately and on time. He has provided building inspection of residential and commercial buildings associated with the 23,000-acre Ranch Plan for the County of Orange, and Cities of Orange, Irvine, and Tustin as well as multiple buildings for University of California, Irvine, and the $120 million Kaiser Sand Canyon Hospital in Orange County. Cathy Schilling Building Inspector Education / Certifications Associate of Arts Degree, Construction Technology; ICC Certified Accessibility Inspector; ICC Certified Plans Examiner; ICC Certified Building Inspector; ICC Certified California Commercial Building Inspector; ICC Certified California Residential Building Inspector; ICC and AACE Certified Property Maintenance & Housing Inspector; ICC Certified Permit Technician; IAPMO Certified Mechanical Inspector; California Certified OES Safety Assessment Program Evaluator Training; Technical Member, CALBO; CALBO Emergency Preparedness Committee Member 2007-2008; CALBO Communications and Technology Committee Member 2007-2008; CALBO Public Outreach Committee Member 2008-2009; CALBO Outreach and Communications Committee, Committee Chair 2008-2010; CALBO Outreach and Communications Committee, Committee Vice Chair 2010-2012; CALBO Outreach and Communications Committee, Member 2012-2015; Moderator, CALBO Listsery 2009 to present; Member, IAPMO, IAEI, ICC - Citrus Belt Chapter Experience Cathy brings nearly 30 years of diverse building inspection, code enforcement, permit technician, and plan review experience for Southern California jurisdictions. She has served as teacher, speaker, and moderator at CALBO education seminars. She has performed field inspection, code enforcement, and permit technician services where she was responsible for issuing permits; providing information regarding California building codes, city ordinance requirements and procedures; calculating fees, processing plan check requests and submittals; "routing" plans, electronically issued permits and maintaining permit records; performing 'over-the-counter" plan checks as well as full residential plan checks. Recently, for Jurupa Valley she has performed inspection of industrial, commercial and residential projects. Projects have included Home Depot ADA Rehabilitation, Del Real Foods, a 41,500 square feet Cold Storage Factory, tract -home production and custom residential. For Corona she performed field inspection of industrial, commercial and residential projects, including all phases of construction through completion. L�i__ r HRc,reon City of La Quinta I On -Call Building Plan Review and Inspection Services 10 Experience with Similar Work In business for more than 100 years, HR Green has 450+ employees and 16 offices throughout the United States, including multiple Southern California offices (60+ employees). HR Green has maintained California operations since 2004 and in 2017 established a separate California corporate entity, HR Green Pacific, Inc. Our corporate headquarters are located in Riverside County. Our staff members include registered engineers and architects; ICC-certified building officials, plan checkers, inspectors, and permit technicians; certified water quality developers/practitioners (QSD/QSP); certified accessibility (CASp) specialists; and certified (CACEO) code enforcement officers. We are capable of handle all aspects of plan reviews (e.g., fire and life safety, structural, mechanical, electrical, plumbing, accessibility, Cal Green, grading, etc.) Our staff has reviewed and inspected some of the region's most -high -profile developments while also expediting custom homes and smaller projects. They are knowledgeable in City of La Quinta, County of Riverside, Coachella Valley Water District, and Imperial Irrigation District standards and policies. HR Green is dedicated to reliable service, client satisfaction and accountability. The firm was recently recognized by PSMJ Resources in October 2017 with the Premier Award for Client Satisfaction. ■ Code Interpretations * Building Plan Review Id Organizational Review Building Inspection Cl Chief Building Official el Permit and Counter Staffing El CASp Assessment and Consulting H Public Education and Outreach Staff Training ■ Entitlement Processing ■ Grading Design / Review Drainage Design / Review ■ NPDES / Water Quality Compliance ■ LID / Hydromodification ■ Sewer Design / Review ■ Water Design / Review ■ Transportation Planning / Traffic Review ■ Map Review Lq Standards and Procedures Development d Standards and Procedures Development Program_Management . Code Enforcement m Departmental Management Interim Staff Support Staff Augmentation / Shared Services ° Organizational Reviews / Analysis ° Fee and Rate Reviews ■ CIP Funding and Administration Public Agency Consulting ■ Alternative Service Delivery Master Planning Strategic Planning Broadband / Fiber Optics Consulting Grant Writing and Administration Stormwater Quality Management w Geographic Information Systems (GIS) Operations/Maintenance Management U Establish Processes rJ Investigations Reports Automated Tracking System Staff Augmentation ■ Cost Recovery Analysis Construction Managerriefit Constructability Review a Construction Administration Inspection i1 Quality Assurance / Quality Control Claims Management Resident Engineering a Owner's Representative Site Management HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 11 P A C I F We Know Your City and the Desert... HR Green staff members have provided a variety of building safety, plan check, engineering, and/or inspection services to desert cities and Coachella Valley agencies. Desert agencies served include the Cities of La Quinta, Palm Desert, Rancho Mirage, Coachella, Indio, Desert Hot Springs, Victorville, Apple Valley, Lancaster; Ft. Irwin; Indian Tribes; HOA& and the Counties of Riverside and Imperial. Projects Reviewed and Processed for La Quinta by HR Green Staff SilverRock Watermark Palizada Estates at Griffin Lake La Quinta Square RABO Bank Walmart Plaza La Quinta Shopping Center El Pollo Loco PGA West Sports Club Washington Street Apartments Pi Bollard Residence In-N-Out (La Quinta Square) ALDI (La Quinta Square) The Chateau at Lake La Quinta w The Signature Washington Park Retail Center - The Clubhouse at Anadalusia Y La Quinta Retirement Community The Orchard Plaza La Quinta Shopping Center The Chateau at Lake La Quinta o:s J Ail ITALIAN FARMHOUSE coi-ox scxrwe� 3A • n�� TUSCAN VILLA co�oo scxeM�e 3b Estates at Griffin Lake SilverRock Luxury Hotel Spa City of La Quinta I On -Call Building Plan Review and Inspection Services 12 Plan Check Project Listings City of La Quinta Contact: Brian McKinney, Development Services Principal Engineer, 760.777.7045 Annual Quantities: approximately 60 reviews (10+ year working relationship) Full -service civil plan check services for commercial, residential, and custom home site projects ADA plan check for RABO Bank, Walmart, Plaza La Quinta Shopping Center Precise grading for commercial projects (El Pollo Loco, PGA West Sports Club, In N-Out — La Quinta Square, ALDI— La Quinta Square, La Quinta Square, The Chateau @ Lake La Quinta, The Signature, Washington Park Retail Center, The Clubhouse @ Andalusia) Precise grading for residential projects (Washington Street Apartments, Bollard Residence, La Quinta Retirement Community, The Orchard) Continuous, as -needed plan check services for land development projects involving coordination with CVWD requirements (100+ projects since 2013) Proficiency using City's TRAKiT and Bluebeam Revu software Helped redevelop City standards and checklists and to update bulletins and calculation documents Reviewed the design of retention basins and water quality and air quality management plans for Trilogy (500+ acres) Provided development coordination for SilverRock Resort, a golf resort. Responsible for providing plan check, preparing Requests for Proposals for design professionals and construction management services, marketing, and golf course operations. Participated in the project development team weekly meetings, sat on the consultant selection committee, negotiated professional service contracts, and maintained the projects implementation schedule. Facilitated award of first golf course construction contract. The construction bid for the grading contract came in approximately 18% under the engineer's estimate. HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 13 PACIFIC QP County of Orange Contact: Bea Bea Jimenez, Division Manager, 714.667.8852 Annual Quantities: approximately 360 reviews (7 year working relationship) HR Green provides on -call plan review, planning, permit technician, and inspection services for multi - phased 23,000-acre development, composed of 6,000 buildable acres (14,000 residential units and 5 million SF of commercial/industrial development). HR Green currently has multiple related contracts with the County: Building and civil plan review, permit counter support, and building/site inspection of various projects and backbone infrastructure associated with Planning Areas 1 and 2 of the Ranch Plan (Rancho Mission Viejo), 23,000-acre site with extensive dedicated and protected open space Building and civil plan review for residential development of 27 Mediterranean -inspired homes along the coastal bluffs of Newport Beach Building and civil plan review and building/site inspection of various projects and backbone infrastructure associated with other development projects. Qualified consultant for road engineering, construction management, inspection, and CIP support Our staff reviews structural, non-structural, mechanical, electrical, plumbing, universal design, disabled access, Title 24 energy, and green building plans; and local noise attenuation ordinances reviewing for conformance to the City standards. We exclusively utilize electronic plan review and digital commenting and electronically transmit response letters and tracking logs concurrently to developer, engineers, and County. Our staff is proficient using the County's APPS program, an enterprise system integrating all aspects of the planning, plan review, processing, inspection, and approval process for private development projects (new construction and renovation). Our staff maintains a 99% on -time review performance to meet or beat County and developer's fast -track timetable. Our inspectors have observed the construction of residential and commercial buildings, precise grading, retaining walls, park facilities, community centers, apartments, and single-family homes with the multi - phased Ranch Plan encompassing 6,000 buildable acres for compliance to approved plans and codes. This has included mechanical, electrical, plumbing, building, minor structural, and precise grading inspection associated with leading developers, such as Rancho Mission Viejo, Standard Pacific, Shea Homes, Tri Pointe, Ryland, William Lyon, Meritage, Western Pacific, Pulte, and Sea Country. slag =; City of La Quinta I On -Call Building Plan Review and Inspection Services 14 F .,CI FIG City of Laguna Hills Contact: David Chantarangsu, AICP, Community Development Director, 949.707.2675 Annual Quantities: 2,276 First Plan Checks in 2017 (3 year working relationship) Since the City's incorporation, HR Green staff members have provided a comprehensive range of consulting services, including engineering, public works, construction management, and inspection. Currently, HR Green provides on -call engineering and building and safety services. Relevant to this scope is the provision of building official, plan review, and inspection services. In the last 12 months we have successfully completed 2,276 first plan checks for the City. Our staff consistently meets or beats plan review turnaround schedules, provide over-the-counter and electronic plan review and maintains a 100% success rate. Recently, our staff assessed Building and Safety processes and procedures for conformance with best practices. HR Green is currently providing building safety and plan review services for the major renovation of the Laguna Hills Mall (Five Lagunas). In addition to the renovation of the existing stores, new stores and restaurants will be added. Additionally 985 multifamily residential units will be constructed on the south side of the project, adding needed "roof tops" to help support the mall. HR Green staff has been providing a wide variety of engineering and building services since the City incorporated. The plan for Laguna Hills Mall would gut 40 percent of the center, a stretch of space between the former Sears building and JC Penney. The retail space will grow only slightly by 8,831 square feet — to 878,183 square feet from 869,352 square feet - due to the aforementioned razing, records show. A six -story parking structure will be added on the southwest side, along Calle De La Louisa. Additional proposed improvements include adding a park with a river -like water feature and a boardwalk effect between retailers. We have been extremely satisfied with our access to HR Green's Building and Safety consultant personnel. They consistently meet turn -around review schedules and deliver on -time inspections as part of their contract for staff augmentation, plan check, inspection, and other "on -call services". — David Chantarangsu, AICP, Community Development Director City of Laguna Hills HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 15 City of Jurupa Valley Contact: Gary Thompson, City Manager, 951.332.6464 Annual Quantities: 2,500+ Building Reviews /15,000+ Building Inspections (7 year working relationship) Since 2011 City incorporation, HR Green has provided and continues to provide full departmental management and on -site staffing for Building & Safety, Public Works, and Engineering. The City is comprised of 45 square miles and a population of nearly 100,000. Our staff manages all building and safety services (building plan review, permit counter staffing, building inspection, and code compliance). Our building and safety staff review structural, non-structural, energy, green, mechanical, electrical, and plumbing plans. CASp-certified staff have reviewed facility plans and specifications for compliance with State and Federal accessibility laws, codes, and regulations; investigated facilities for compliance with State and Federal accessibility codes and regulations; and conducted accessibility research, preparing accessibility reports and handling accessibility inspections. This includes site development and accessible route of travel, accessible parking, passenger drop-off and loading zones, walks and sidewalks, curb ramps, pedestrian grade separations, ramps (interior and exterior), entrances and exits, doors, floors and levels, corridors and aisles, hazards and protruding objects, controls and operating mechanisms, space allowance and reach ranges, employee work areas and work stations, fixed or built-in seating, tables and counters, signs and identification, electrical, notification appliances for the hearing impaired, cleaner air symbol, and alterations to existing buildings and facilities. Our staff has achieved a 98% success rate meeting building plan review turnaround schedule (2,500+ building reviews annually). More than 60% of plan reviews are handled over-the-counter. We regularly facilitate roundtable discussions with developers to verify cognizance of current standards to help speed review times and ease approvals. In addition, HR Green issues permits and conducts field inspections (building and infrastructure). Our staff has accomplished 15,000+ building inspections annually (100% completed on -time); issued 1,500+ building permits annually, finalized 1,100+ building permit applications, performed 1,500+ code enforcement inspections annually; attained 100% compliance providing permit inspections within 24 hours; reduced costs in permit processing and inspection fees to applicants by an estimated 20 — 35% due to shorter turnaround times and lower costs. One of HR Green's key roles has been to manage our building and safety department and code enforcement operations. Their delivery of services has been excellent and well received by the community. — Gary Thompson, City Manager City of Jurupa Valley City of La Quinta I On -Call Building Plan Review and Inspection Services 16 City of Palos Verdes Estates Contact: Sheri Repp-Loadsman, Planning & Building Dir./Deputy City Mgr., 310.378.0383 x2216 Annual Quantities: 1,233 First Plan Checks in 2017 (3 year working relationship) Initially, HR Green provided full staffing transition services from a previous, long-time consultant, including, but not limited to building and safety administration, building official, building inspection, building plan review, city engineering, public works engineering, transportation planning, traffic engineering, CIP program management, grant writing/administration, and project management. Our staff members consistently meet or beat plan review turnaround schedules, provide over-the-counter and electronic plan review and achieve a 100% success rate on building and safety inspections within two-hour windows. Last year our staff successfully completed 1,233 first plan checks for the City. HR Green provides a "one stop shop" to achieve excellent customer satisfaction and is implementing a building permitting and community development system (SMARTGov). Our staff provides all manner of building and safety inspections, including custom homes, commercial, tenant improvements, and grading. HR Green interfaces closely with the City's permit technicians and has initiated best practices (e.g., new forms, tracking tools, electronic plan review, code updates, ADA transition plan, etc.) Cityof La Quinta On -Call BuildingPlan Review and Inspection Services 17 HRGreen � p PACIFIC 3. UNDERSTANDING AND APPROACH The City of La Quinta desires to contract a qualified plan check consultant for on -call Building Plan Review and Inspection Services. The consultant must provide an objective, independent, and impartial review of residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City, State and Federal standards as well as all other applicable ordinances and codes with strict attention to details. Additionally, the consultant must provide building inspection services for residential, commercial and special projects during construction to enforce compliances with the approved, permitted plans. Moreover, La Quinta expects a cost-effective plan review approach that observes performance review turnaround schedules, complete and thorough reviews, and close communication to quickly address review comments/points of clarification. Key / Critical Issues The City of La Quinta prides itself in delivering proactive and responsive customer service, by fostering quick turnaround times, delivering seamless communication, and leveraging technology to save time and money. The City is currently in mid -implementation of the high -profile SilverRock Resort development and in the early stages of establishing The Village as a dining, art, and cultural destination center through innovative street improvements and development incentives for the remaining vacant lots. These initiatives will shape our approach to reviewing and inspecting projects from plan check through approval of plans and construction. Key issues include: Deliver High -Quality, Cost -Effective, On -Time Reviews This has included implementing best practice tools, such as electronic plan check, digital commenting, tracking logs/reports, and web -based development processing systems to efficiently deliver plan check services and save time and cost. Given our successful track record in both civil and building plan check, we maintain an excellent working relationship with the region's largest land developers and are consistently requested by them to review their plans in our role as a municipal plan check consultant. Finally, we provide the impartial role so critical to plan check and inspection, because we exclusively serve public agencies, and, therefore, have no conflict of interest when serving as a seamless extension of municipal staff. Consequently, HR Green agrees that we will not prepare building or civil engineering improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of La Quinta during the term of our agreement. We understand the City has initiated the following maximum plan review turn -around schedule: 1st Plan Check: 2nd Plan Check 3rd Plan Check: 15 Working Days 10 Working Days 5 Working Days Given our proficiency using the City's TRAKiT system and Bluebeam Revu as well as a successful 15+ year track record of providing electronic plan check and paperless processing for 30+ agencies, we will beat your plan check schedule. In fact, for the 23,000-acre mixed -use Ranch project for the County of Orange, we exclusively use digital commenting/electronic plan check to maintain a 7/3 working day turnaround plan check schedule for a large volume of plans. HRGreen 0City of La Quinta I On -Call Building Plan Review and Inspection Services 18 PACIFIC Physical Location / Characteristics The City maintains a diverse and distinctive position in the Valley: Santa Rosa Mountains bordering on the west and south, natural desert environment, geographic features, sandy dunes, and bluffs serve as a backdrop for some of the most beautiful private and commercial developments in the Coachella Valley. Moreover, since 2007, the City has implemented the Coachella Valley Multi -Species Habitat Conservation Plan (CVMSHCP). Certain areas within La Quinta have been identified in the Plan as Conservation Areas (e.g., mostly hillsides and open desert). Development in Conservation Areas is subject to additional review, and limits on the amount and location of development apply. All of the above components directly impact how development related improvements are planned, approved and constructed in order to maintain the quality of life in the city and the adjacent region. SilverRock Resort The City's 525 acre site is poised for development, including two hotels, a convention center, a new permanent clubhouse and commercial and residential components to join the Arnold Palmer designed golf course on this unique site. Accurate and timely review of all building, roadway, grading and utility plans will be critical to the success of the project. Additionally, coordination through construction by the City's inspection staff will be imperative to a smooth opening of the remaining phases. Multi-Agency/Jurisdictional Coordination and/or Approval Coordination and/or approval will be required among City departments and diverse agencies, including, but not limited to the County of Riverside, Riverside Flood Control and Water Conservation District, Coachella Valley Water District (CVWD), the Bureau of Land Management, the Federal Emergency Management Agency (FEMA), the State and Regional Water Quality Control Boards, the South Coast Air Quality Management District (SCAQMD), Caltrans, and related permitting agencies encountered during the CEQA and NEPA review process included in the entitlement conditions for project mitigation, implementation, and monitoring. Dust control (PM10)/air quality and regional/site-specific water quality management requirements must also be reviewed along with specific -specific Conditions of Approval to conform to SQAQMD, Santa Ana RWQCB, and applicable City requirements. Our unparalleled plan check experience bridges both smaller QSi[vERROCK 1l ' ian�rN W�� C.iWI uw additions and custom homes to complex, mixed use developments of 5,000+ units. Our plan check and inspection staff has approved, processed, and/or inspected projects for cities throughout the Coachella Valley including La Quinta, Palm Desert, Indio, Indian Wells, Coachella, and Cathedral City. M 0 City of La Quinta I On -Call Building Plan Review and Inspection Services 19 Fit into Specific Municipal Culture Every agency has its own culture, reporting structure, expectations, and goals. Our proposed staff have either been public agency employees or served in a staff extension role with the City of La Quinta and other Coachella Valley jurisdictions. Consequently, they will exhibit utmost professionalism and well - refined interpersonal skillsets to be a team player and seamlessly integrate within your organization while being nimble to responding to changing priorities, emergency situations, and expedited review requests. Follow City Protocols/Processes Our staff will be knowledgeable with applicable codes, ordinances, design standards, regulatory requirements and systems (TRAKiT and Bluebeam Revu). They will be responsible for meeting the performance expectations set forth by the City. Citizens and inter/intra-agency personnel interfacing with HR Green staff must feel they are having the same "transactional business" experience as they would with a City employee. Flexibility/Adaptability to Respond to Whatever Needs Arise Within the municipal arena, particularly where there is a lean organization, there are consistent time sensitive deadlines, emergency issues requiring immediate response, diverse tasks, and potentially changing priorities. Our staff must possess a diverse technical skillset; be nimble, quick, and flexible to embrace change; and possess the ability to effectively transition between such assorted tasks as reviewing plans, analyzing design situations and utility conflicts; to consider appropriateness of design alternatives, addressing Americans with Disability Act (ADA) or Riverside County Environmental Health requirements, and/or handling inquiries at the counter/over the phone, as required. A successful element of HR Green's Alternative Service Delivery philosophy is leveraging multi -faceted staff who can wear many hats and easily transition between different tasks in order to: u maximize utilization minimize staff levels reduce costs, paper, and storage / paperless environment maintain consistency of service Maintaining Clear & Open Lines of Communication Maintaining clear and open lines of communication among City staff, permit applicants, developers, engineers, regulatory agencies, and other stakeholders are key elements to successful plan check delivery. This includes excellent interpersonal, listening, and problem -solving skills; detailed documentation; insightful progress and staff reports; electronic plan check tools and tracking logs; demonstrated mastery of working within the City's permit tracking software system, TRAKiT; and building consensus to expedite reviews and approvals while mitigating issues in a spirit of constructive dialogue and harmony. HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 20 PACIFIC Ap proac " HR Green has assigned highly qualified Building Plan Check and Inspection staff, all of whom have served either as public agency employees or in an on -site, extension of staff role. They must be responsive and flexible, exhibit a high level of customer service, provide timely and cost- effective service, and communicate in a detailed and transparent manner. These positions include: ICC-certified Building Official and registered engineer as a Project Manager with high-level Coachella experience and skills in transitioning and successful management of building staff, thorough knowledge of building department policies and procedures, national code development reputation, and partnership with other City departments and outside agencies. Registered Plan Review Engineers/Architects and/or ICC, CASp, QSP, QSD, LEED-certified Plans Examiners for thorough and timely plan review that complies with applicable codes, ordinances, design standards, and regulatory requirements. ICC and water quality -certified Inspectors and CACEO and Peace Officer -certified Code Compliance Officers, if requested, including bilingual proficiency, with broad experience in jurisdictional procedures and the highest commitment to customer service. If needed, Permit Counter Technician(s) to assist the public, answer questions regarding routine building code requirements, issue permits, and coordinate inspections and plan review processes. City of La Quinta I On -Call Building Plan Review and Inspection Services 21 "Green" / Paperless Solutions HR Green will implement the most appropriate proven best practice tools and technologies to reduce paper, save time and money, enhance collaboration; and streamline communication and service delivery. Given that our staff members are already proficient using the City's TRAKiT system and Bluebeam Revu, we can seamlessly Integrate the building plan reviews with the long- standing civil, grading, and accessibility (ADA) reviews provided to La Quinta. Simultaneously, as we have done for other jurisdictions, we can also integrate field -based inspection apps with hand held devices to provide a turnkey paperless solution. HR Green is a leader in leveraging the power of technology to streamline government transactional business and empower City management and City Council to make sound decisions and priorities. Our staff is proficient in using various electronic plan check systems. ✓ Electronic plan review ✓ Monthly progress reports ✓ City's permitting software ✓ Smartphone and tablet -based inspection report applications ✓ Tracking logs ✓ GIS interface to track data and identify trends in code and permit activity, actions, and results, if desired Plan Review "Commandments" Our goal is to provide helpful code insight, responsiveness, and collaboration early and often to applicants while leveraging a proven development review process and electronic plan review/digital commenting to maximize efficiencies, promote project transparency, and save time and money. 1. All plan reviews will be completed by certified plan reviewers and/or engineers and architects licensed in the State of California. 2. Qualified plan reviewers will be available at the City for over-the-counter reviews during business hours through lunch. Building Plan Review: We will provide a thorough architectural review of design drawings and details for compliance with the current California Building Code (CBC), based on the current International Building Code, and City amendments and policies. Title 24 Energy Plan Review: We provide energy calculation review and field inspection of energy law requirements. Because the energy regulations have been radically modified and continue to change, considerable confusion in the building industry has resulted. We provide a format that is easily understood by both the inspector and the builder facilitating improved field relations and improved quality of the end product. City of La Quinta I On -Call Building Plan Review and Inspection Services 22 PACIFIC ✓ Mechanical/Plumbing/Engineering Plan Review: The California Mechanical Code and the California Plumbing Code and any other specifically designated standards, amendments and polices adopted by the City. ✓ Electrical Engineering Plan Review: Our services include the review of electrical plans to verify compliance with the California Electrical Code (NEC) and City codes. Electrical review to verify energy compliance is included in all projects in accordance with mandates from the State Energy Standards for Non -Residential. ✓ Disabled Access Compliance Review: Our staff will provide comprehensive administration of the Disabled Access Regulations that the Office of the State Architect mandates local jurisdictions to enforce. This applies to both new and existing buildings. ✓ Green Building Plan Review: Our ICC- and LEED-certified staff will verify compliance with the California Green Building Standards (Cal Green) Code. Our staff shall verify green building features against City requirements and/or third -party standards, such as third -party scorecards or checklists for compliance and certification level. ✓ Local Noise Attenuation Ordinance: Our services include reviewing to verify that the designer properly addresses both interior and exterior noise intrusion and that the necessary assemblies provide the required degree of sound attenuation, as required by the State of California and the City. GreenTRExs' There must be a coordinated effort and responsibility to review, track and coordinate all applications and requests received in the City. To help assure that submittals from any applicant are properly handled, HR Green has a proven internal plan review coordination process, GreenTREx"', to make certain that each plan received is properly processed and returned on time. The status of any plan can be easily determined at any point in time. Moreover, Green we recognize that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our TREVY experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction. HR Green's GreenTREx development review process/program allows us to efficiently complete plan tasks concurrently. This is a formalized and integrated process whereby Technician data input and processing, Review, and Experienced professional staff manage quality control functions that are consistently implemented on each and every project. HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 23 ACIFIC The following process represents our typical plan review workflow. Please note that this process can be modified to meet the City's specific needs. - Preliminary Discussions Prior to beginning our initial plan review project, our Plan Review Manager proposes to conduct a meeting or conference call with the City to discuss local code policies, documentation procedures, plan processing protocols, plan review checklist items, and scheduling. © — Initial Review Once we receive a complete set of plan documents, we will perform our plan review in the agreed -upon timeframe, reviewing for compliance to all applicable code standards. All corrections are identified based on compliance with specified codes and regulations and worded so the designer will know what needs attention and how to respond to the issue stated. Generally, corrections are identified in two ways: 1. Notes can be made on plans as appropriate and authorized to assist in locating the issue on the plans; 2. A correction sheet is generated detailing what items need to be addressed before plan approval. T R Ex Resubmittal Building Plan - Raview HR Green Receives /71r. to"Mr Project & Enters Fire & Life Safely Plan Information Into Review Tracking Log Structural Plan' Review -=+ Quality Reviews Smoke Control System & Fire - Life Safety Plan I Submittal Intake City Assigns Project Checklist ConsulChecChecting s � Finalize I Correction/ I J r Mec anca, & _ al Plan Approval Letter Discuss Key Issues _ Review with City 'S`iatoTitle24-, Accessibility Review/ — Log Out Project Consulting Prepare Distribute Plans To Corrections Memo Appropriate Plan Reviewer Experienced Technician Reviewer Professional rl City / Design Engineer = 0 City of La Quinta I On -Call Building Plan Review and Inspection Services 24 HRGreen PACIFIC The City will receive a copy of each correction list, as well as a cover memo containing the following: ri The date plans were reviewed by our plan review staff El The date that the applicantlapplicant's designee was notified that the plan review was completed V The name and phone number of the applicant/applicant's designee that was notified that the plan review was completed - Transmittal of Plans and Comment Lists for Plan Review At the heart of our approach in delivering our services to you, is the recognition that there must be a coordinated effort to track and coordinate all submittals and requests received. To help assure that submittals are properly coordinated and tracked, we have established an internal plan review coordination process in which each plan received for review is properly handled, processed and returned on time. Upon completion of our review, any comments generated are consolidated into a correction letter which is forwarded to the applicant; at the same time, an electronic copy is sent to the City for its reference. At your discretion, upon completion of the initial plan review, a debrief between our staff and the City can be coordinated to verify our firm is aligning with the City's expectations. ® - Rechecks Upon receipt of the resubmittal package from the applicant, we will notify the City (via email) that we have received the package. Once we have verified that the resubmittal package is complete, we perform a recheck in the agreed -upon timeframe. This process is repeated until the project plan documents are ready to be recommended for approval. When all review comments are satisfied, we will forward two sets of all relevant correspondence bearing our company's "Approval" stamp (including plans, calculations, and specifications), along with a transmittal letter indicating our recommendation for project approval, and the project file to the City for processing. Upon completion of a plan review, we forward an electronic copy of the correction list to you and to any other party you designate. When corrected plans are resubmitted, the same procedure will be followed. 0- Plan Approval Upon plan approval, our team will present to you the requested number of approved building plans, a copy of the review sheet with all completed items appropriately signed off, a letter of transmittal stating the conditions, if any, of approval (such as fees due, necessary agency approval(s), or minor items to be completed), and all other pertinent documents. ® ` HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 25 P A Ci Fic Electronic Plan Review / Tracking of Review Comments We will track review comments to verify that each comment has been addressed HRGreen by the design team. �^ This is critical on larger, multi -disciplined projects where there may be overlap between design disciplines. Comments from each review cycle are summarized electronically by our staff. Design responses are added and included with the next submittal to verify that all comments have been addressed. This approach has been effective in resolving comments at early stages, avoiding repeat comments by reviewers, and coordinating responses among disciplines. We also update a detailed tracking log whereby the agency can identify the status of any project through the review lifecycle process in real time. HR Green will coordinate plan reviews with the City's software system by leveraging our multi -faceted staff. Our electronic review/paperless process minimizes the possibility of the plans being tampered with when being forwarded for permit issuance and also enhances collaboration, saves time, and accelerates turnaround review schedules. HRGreen 0City of La Quinta I On -Call Building Plan Review and Inspection Services 26 Building Inspection For any as -needed inspection assignments that may arise, we will provide certified personnel. Once the City provides a notice -to -proceed, our Project Manager, Paul Armstrong, PE, CBO, will meet with the City to identify your plan review, inspection and/or administrative services needs. We will initiate a staff and resource management plan that is appropriate to the nature of your task order, be it a long-term inspection assignment, as -needed staffing coverage due to vacations, illness, etc. HR Green's certified and bilingual inspectors will provide the following field services and be assigned to coincide with the City's hours of operation as well as additional hours, as needed: Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by City and recognizing the need for and requiring plan reviews for electrical, plumbing, and mechanical code requirements. FF Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, zoning ordinances, energy conservation, green building and disabled access requirements, including known city, county, state, and federal requirements. ET Enhance City's customer service to the public as an extension of City staff. Our certified inspectors are knowledgeable and specialize in on -site problem solving and working closely with property owners through completion of the inspection. Identify and document deviations between approved plans and actual field installations. i1 Write detailed correction and/or stop work notices, as applicable. 13 Proficiently communicate with contractors, architects, engineers, and building owners to provide clear and concise direction. Bring to the attention of the City for approval of any changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirement. Provide convenient building inspection appointments with two hour windows to better serve the public. Participate in reviews with fire, health, and other government agency inspectors, as well as owners. Maintain a record of non -complying items and follow up to resolution of such items. Update inspection reports using the City's automated system. Receive Inspection old Pre -Con Requirements from fvleering {as i City Building Inspection Process liedule & perf0m Review & Approve Code Required Special Inspection Complete Final Inspections and/or Construction Inspection Observation Reoo :amsnend Issuar Issues Tempgr, ofCertificateof�—�.�Fin al Certificate Occupancy Occupancy aHRGreenCity of La Quinta I On -Call Building Plan Review and Inspection Services 27 PACIFIC Our inspection activities can be adjusted on fast track projects to provide a high level of coordination specifically suited to the design build concept and to gain compliance with all applicable codes required by the City. Fast track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. We recognize that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction. Inspection Notes 1. All inspections to be completed next working day, if requested by 4 pm 2. Same day inspections will be conducted if called in before 6 am 3. A two-hour appointment window is provided upon request We will implement a plan that is responsive to your needs, will remain dynamic to changing conditions, and match the right mix of staff to the clearly defined assignments. Our mission is to save the City, contractors, architects, developers/building owners, and property tenants' time and money while facilitating seamless communication to maintain construction momentum and deliver a code compliant project. HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 28 F A C: FIc B, COST PROPOSAL Per your instructions in the RFP, we have included our cost proposal and fee schedule in a separate sealed envelope. HRGn3en City of La Quinta I g an Review anInspection On -Call Building Plan d Iection Services 29 C. WRITTEN CONFIRMATION OF CONSULTANT'S REVIEW OF ATTACHED AGREEMENT FOR CONTRACT SERVICES HR Green has reviewed the City's Professional Services Agreement and would like the opportunity to discuss the considerations as shown in the Appendix. We currently maintain a contract for On -Call Plan Check Services with the City of La Quinta. We are willing to discuss and negotiate all suggested changes and are confident we can enter into a contract with the City for the services highlighted in the proposal. r �, HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 30 PAC: F I C D. NON -COLLUSION AFFIDAVIT FORM Za Qw�a — cr,',i 1 Jr nrsrnT — NON -COLLUSION AFFIDAVIT FORM Must be executed by proposer and submitted with the proposal I, George A. Wentz I am Vice -President (name) hereby declare as follows: of HR Green Pacific, Inc. (Title) (Company) the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that tall statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury nder th law of the State of California that the foregoing is true and correct. Proposer Signature: Proposer Name: Geokie A. Wen Proposer Title: Vice -President Company Name: HR Green Pacific, Inc_ Address: 1260 Corona Pointe Court, Suite 305 Corona, CA 92879 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 = 0 City of La Quinta I On -Call Building Plan Review and Inspection Services 31 HRGreen PACIFIC ,& Qaiara - — GEM efdxPFSERT — The City of La Quints reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any proposer/contractor for any costs or damages arising out of its response to the RFP. CONSULTANT: By. HR Green Pacific, Inc. Name: George A. Wentz Tide Vice -President late, January 12, 2017 78-495 Calle Tampico Lo Quinta, CA 92253 760.777.7000 HRGreen City of La Quinta I On -Call Building Plan Review and Inspection Services 32 Appendix Requested Changes to City's Agreement HR® City of La Quinta I On -Call Building Plan Review and Inspection Services 33 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and , a insert type of business entity. e.g. sole proprietorship, California Limited Liability Corporation. etc. ("Contracting Party"). The parties hereto agree as follows: SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on -Call Building Plan Review and Inspection Services, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents that Contracting Party it a provideF offirst - class work and/e, �se. - -.9d t'entraeti .� is experienced in performing the Services contemplated herein and, in light of such status and e perie ee, Contracting Z•411L1 4YL111 P-a.rty covefents that it shall follow industry standards in performing the Services required hereunder, and that EM rnater else ;f ..n y will be of goo quality, fit for the purges 4tenr a For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or firms performing similar services under similar circumstances. 1.2 Compliance with Law. Alf Services rendered hereunder shall be provided applicable in accordance with all ordinances, resolutions, Statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses Permits Fees and Assessments. Except cis otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinto business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defe>T1vUnse seleeted4�y City), and hold City, its elected officials, officers, employees, an�'� free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 698/015610-0002 11222891.1 a12/18/17 1.5 Familiarity with Work. By executing this Agreement, Contracting Party represents we that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties: and restrictions attending performance of the Services under this Agreement. Should Contrccting Party discover any latent or unknown conditions materially diffoing from those inherent in the Services or as represented by City, Contracting Party shcili immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). General Contracting language 1.6 Standard of'Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent -with this understanding, Contracting Party's work will be held to an industry standard of gtaality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents` t-o City that it holds the necessary skills and abilities to satisfy tide.,irldustry_standc#(O.Pf quality as set forth in this Agreement. eGeeptGRc-e of the ServiceskMtye3 5il6h lossda.m.ages as may be rzouse 6y-Cit��gwn-negli enGe, Tf e performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when`. ! uch inaccuracies' are due to the negligence of Contracting Party. 1.7 Additional Services. In accordaned with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specifiers in the Scope of Services ("Additional Services") anly when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform ony Additional Services without compensation. Contracting Party shall not perfor-rrm any Additional Services until receiving prior written authorization (in the form Qf d' written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, 698/015610-0002 11222891.1 212/18/17 -2- for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. to 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 sh ll',govern. 2. COMPENSATION. 2.1 Contract Swni. For the 'Services rendered pursuant to this Agreement, Contracting Party,sholl be compensataa in accordance with "Exhibit B" (the "Schedule of Componsation") in a total amount not to exceed Dollars ($ ) (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, payrrnent in accordance with the percentage of completion of the Services, payment for time and inaterials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified ,'in the Schedule •of Compensation. The Contract Sum shall include the attendance of Contracting. Party at project meetings reasonably deemed necessary by City; Contracting Party small not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation, Regardless of the method of compensation set forth in the Schedule of Cdi' hpensation,.Contracting Party' . overall compensation shall not exceed the Contract Sure, except. cis provided in Section 1.6 of this Agreement. 2.2 Method of Billing & -Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later them the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice.. Such invoice shall (1) describe in detail the Services provided, including time and Materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 698/015610-0002 11222891 A a12/18/17 -3- 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or De'p.urtment Director, depending upon City laws, regulations, rules and proced4,e5 concerning public contracting. Under no circumstances shall Contr•actlOgOParty receive compensation for any Additional Services unless prior written wroval for the Additional Services is obtained from the Contract Officer pur, qnt to Section 1.6 of this Agreement. 3. `` ERFORMANCE SCHEDULE. Time isO'F the essence in the performance of this Agreement. 3.2 Schedule of Nkfbrmance. All Servi±�5` rendered pursuant to this 1�tl Agreement shall be perfor diligently and -within the time period established in "Exhibit C" (the "Schedule ;:formance"). Fxtensions•to the time period specified in the Schedule of Performanc'.> -iay b� hppl�ived ii7 writing by the Contract Officer. At 3.3 Force Majeure. The'iime 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 Contra cting,Party, including, but not rdstricted to, acts of God or of the public enemy, fires, ea4quakcs, floods, epidemic, quoirantine restrictions, riots, strikes, freight embargoes, acts. of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days. of the commencement of such delay notify the Contract Officer in writiirg o'f 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 the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on . , 20_ and terminate on _ _ _, _ 20_ ("Initial Term"). This Agreement may be extended for additional year(s) upon mutual agreement by 698/015610-0002 11222691.1 a12/18/17 -4- both parties ("Extended Term"). The extended term shall commence automatically, with no further action or amendment to this Agreement required, unless, with or without cause, and upon no less than thirty (30) days' written notice to Consultant ("notice of non -renewal"), City notifies Consultant that this Agreement shall expire prior to the commencement of the applicable extended term. 4. COORDINATT'ON OF WORD. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Princjpis") are hereby designated as being the principals and representatives of Contrq'x igi9 Party authorized to act in its behalf with respect to the Services:specified herein;ino make all decisions in connection therewith: .k t E-mail: z, 2'y; `K - f� �-maiL•�. It is expressly under -stood that t-hi!,!. �rience, knowledge, capability, and reputation of the foregoing Principals were-a'substahti(il inducement for City to enter into this Agreement. Therefore, the foregoing Priincipols shall be responsible during the term of this Agreement for directing, bit activities of Contracting Party and devoting sufficient time to personally supervise;the Services hereunder. of this ❑nrnnmervt the foregoing Dri C.1 ar? tr: per-sen- -the 'J�'r""�'ii rGT'wTr* �7-'TILTPuT"Td 1".T without - - r ---ef 4.2 Contract Officer. The "Contract Officer." shall be Burt Hanada, Building Official, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, an.cl -Contracting Party shall refer any decisions, that 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. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required 698/015610-0002 11222891.1 a12/18/17 -5- hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting ar subcontracting by Contracting Party without City's express written approval shall be null, -void, and of no effect. No approved transfer shall release Contracting Party of any liAility hereunder without the express consent of City. 4A Independent : contractor. Neither City nor any of its employees shall have Tiny control over the manner;:,,mode, or means by which Contracting Party, its agents, or its emplaye+s; performt e Services required herein, except as otherwise set forth herein. City shall have no vafce in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service:. Contracting jParty shall perform all Services required herein as an independe,rtt contractor of City and shall remain at all times as to City a wholly independent 'contractor Wth only -such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees ard,agents or employees of City. City shall not in any way or for any purpose become a.r be deemed to be a partner of Contracting Party in its business or otherwise or a Joint ventuve or a member of any joint enterprise with Contracting Party. Contracting Party si7oll, have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party.shgll riot at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting -Party as provided in this- Agreement, City shall not pay salaries, wages, or other co, rhpensation.Ao Contracting Party for performing the Services hereunder for City. City shall not W liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any othey, City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its - employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any .incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay calf required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right 6981015610-0002 11222891.1 a12/18/17 -6- to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any aid all of the Services set forth herein. Contracting Party represents thOt the Services required herein will be performed by Contracting Party or under its direct supervisions and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Coc_Veraian. City shall provide Contracting Party with any plans, publications, report ;,Statistics, records, oi, other data or information pertinent to the Services to be perWmed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE,,- .,f 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration :af the term of th[s Agreement, Contracting Party shall procure and maintain, at its sale cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance os set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting ,,Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Acaency's °Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, 'Contracting Party shall indemnify, tity), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the 698/015610-0002 11222891.1 a12/18/17 -7- Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, sLrch ledgers, boo. s of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the,disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement, and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Reco, s shall be maintained in accordance with generally accepted accounting principlesr;dnd shall be complete and detailed. The Contract Officer shall have full and fre6, cess to such Books and Records at all times during normal business hours :of City, including the right to inspect, copy, audit, and make records and transcripts fiom such Books aid Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to sudh Boobs and Records in the event any audit is required. In the event of dissa{utioll of Contr6ci.ing Party's business, custody of the Books and Records may be given to•.City, and access shale be provided by Contracting Party's successor in interest. finder California Government Code Section 8546.7, if the amount of public funds expelided under this Agreemeent exceeds Ten Thousand Dollars ($10,000.00), this .Agreement shall be subj t to the examination and audit of the State Auditor, at the request of City or as pa.ft of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, sur�py results, models, renderings, and other documents or works of authorship fixed in 0Ay tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other- rr oium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted 698/015610-0002 11222891.1 a12/18/17 -8- documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guar-or+tee responsibility a A wares shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors sh.9jl provide for assignment to City of any Documents and Materials prepared by them, rind in the event Contracting Party fails to secure such assignment, Contracting Pofty shall indernnify City for all damages resulting therefrom. 7.4. In the even: City or any person, firm, or corporation authorized by City reuses said Documents an[ Materials without written verification or adaptation by Contracting Party for the plecific purpose intended and causes to be made or makes any changes or alteration in said'- Documents and Materials, City hereby releases, discharges, and exonerates Con�rdctjng. Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing_ __of- 'ntellectual_wE?roperty. This Agreement creates a non- exclusive and perpetual' license 1fdr'City to copy, use, mr �'„�,rewse, or s ��-se any and all copyrights;; designs,: rights of reproduction, and other intellectual property embodied in the Document's 'and Materials. Contrdcting Party shall require all subcontractors, if any, to in writing that City is granted a non-exclusive and perpetual license for the DQb>f(ments and 1Mate iats the;`subcontractor prepares under this Agreement. Contracting Party repros�nts GR4-q4A__R_t__s that Contracting Party has the legal right to license any chid all of the .l7ocuients and Materials. Contracting Party makes no such representation and warra9 y. - in regard to `the'Documents and Materials which were prepared by design profeiAaals other than Contr`tacting Party or provided to Contracting Party by City. City shall not be li,rrr d in any way. in its use of the Documents and Materials at any time, pf}OVWded t, uch use not within the purposes intended by this Agreement small be .dt City e ris and City shall indemnify and hold Contracting Party harmless against all Clair',. !abilities re g from such use. 7.6 Release of Documents. The DocLiments and Materials shall riot be released publicly without the prior written approval of the Contract Officer or us required by law. Contracting Party shall not disclose to any other entity Or person any information regarding the activities of City, except as required by law gr.ps authorized by City. #1' 7.7 Confidential or Personql Identifying Information: Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, 698/015610-0002 11222891.1 a12/18/17 -9- documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF —AGREEMENT. 8.1 California -,Law. This Agreement shall be interpreted, construed, and governed both `i§i9'to vdMitty 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 ouf:of or in relation o this Agreement shall be instituted in the Superior Court of the County of Rivers i d e,.:,Ptate of California, or any other appropriate court in such county, and Contracting ,Party c ,Uenants and agrees to submit to the personal jurisdiction of such catirt in the evA't; of such action. 8.2 IJis=.utes. In the event of any \dispute arising under this Agreement, the injured party shall notify the injuring party jT writing of its contentions by submitting a claim therefore.. The injured party shall.coM inue 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 c6nipletes 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 thof if the default is on immediate danger to the health, safety, or general welfare, City may trite such inirnediate 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 ony 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`p,othing herein shall;-timit City's right to terminate this Agreement without cause purl want to this Article 8:0: During the period of time that Contracting Party is in defaault, City-sholl fiald all invoices and shall, when the default is cured, proceed with poyment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or alt of the .8utstanding invgJges during any period of default. ' LM,l 111 ;I=u.fL�Lll1'!�1!l�ll�J RYlY.11L�[!•�l*�[i ��.��. �1w �wa�[w�swa.Y•�[ia �[w ..i ••.�.+ww.`.�n 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the some or any other provision of this Agreement. 6981015610-0002 11222891.1 a12/18/17 '1 0- 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 �egnl Action. In addition to any other rights or remedies, either party may take legal :dction;'crt 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 d6claratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Terminati- na Prior To..Exairatlon Of Term. This Section shall govern any termination of this.Agrtement, ex�eep:$;.specifically provided in the following Section for termination for cause. City reservesih," e right to terminate this Agreement at any time, with or without cause, upon thirty (80.) days' written notice to Contracting Party. Upon receipt of any notice of term! notion, Contracting Party shall immediately cease all Services hereunder except such cis =may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compen§ation for all Services rendered prior to receipt of the notice of termination and,,,A6 Services authorized by the Contract Officer thereafter in c;ccordance with thea'�cl�hi�ule of Compensation or such as may be approved by the Contract-Offit-er, except;,amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contra Ling Fad. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property W.H. h Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of -Section 8.2, take over the Services and prosecute the same to cornpletion l; P ontract or otherwise, ContractingQnd Pa liable t ent:tl gait totcli"Alst for C0 let�o�.,of the Services rewired hereunder exceeds the compensation herein stipuiat�. (provided that- City shall use reasonable efforts to miti6ate such damages)., rind —CLty-. may withhold any payments to Contracting Party for the purpose of_setoff QLpartial payment of the_am4untimme-d_-C-ty, 8.9 Attorneys' Fees. If either party to this Agreement is re-q rired to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and 698/015610-0002 11222891.1 a12/18/17 -� �- all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 9.1 Non_liabiliy of City Officers and Employees. No officer, official, employee, agent, repro ntative, or volunteer of City shall be personally liable to Contracting Party, or any4ccessor in interest, in the event or any default or breach by City or for any amount w6fili may become due to Contracting Party or to its successor, or fpfbeeach of any oblige bn of the terms of this Agreement. 9.2 Conflict of Interest ;Contracting Party 6876H16ts that neither it, nor any officer a.r principal of it, has h acquire any interest, directly or indirectly, which would conflict in any manner. with the. . int - erests of City or which would in any way hinder Contractfng Party's :.performanceof the Services under this Agreement. Contracting Party further covencints that iEi the 'performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at dil times avoid conflicts ot.interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee` of City shall have any financial interest, direct or indirect, in this Agreement nor small any such offcdr or employee participate in any decision relating to this Agreement which effects, his financial interest or the financial interest of any corporation, partnership or association in . which he is, directly or indirectly, interested, in violation of any State -stdtute or regulation. Contracting Party warrants that it has not paid or given and 4 not pay or give,any third panty any money or other consideration for obtaining this Agrbernent. 9.3 Covenant Contracting against Discrimination. P� 9 9 Party �re�.a,een....,t-s tficit, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any, person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other 698/015610-0002 11222891.1 a12/18/17 -1 2- person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Burt Hanada, Building Official 78-49 5Calle Tampico La Quinta, California 92253 To Contracting Party: 10.2 Interpreton. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the autl'or-ship of this Agreement or any other rule of construction uvhich might otherwise apply. 10.3 Section-H i dings ' and_ 5ubheadin_g.s. The section headings and subheadings contoined in this. Agreement are included for convenience only and shall not limit or otherwise affect P-helerms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be un original, and such counterparts shall constitute one and the same instrument 10.5 Integrated A reement. This Agreement including tf -e e`xhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties her0b affecting this Agreement and this Agreement supersed'es and candels any and all.. previous negotiations, arrangements, agreements, and understandings, if any, between .,the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall - be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written Modifications cannot be waived and that any attempted waiver shall be void.-- 10.7 Seyerabilit_y_. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 698/015610-0002 11222891.1 a12/18/17 -1 3- 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at -the time City renders final payment to Contracting Party without further acitn . @Ogmeht of the parties. 10.9 No Third Part '.Beneficiaries. With the exception of the specific provisions set forth in this Agreement there are no intended third -party beneficiaries under this Agreement and no such :tither third parties shall have any rights or obligations hereunder. pf` A�i�� 0.10 Autha The p.e��ons executing this Agreement on behalf of each of the parties K6'�reto .represent -:did warrant. that (i) such party is duly organized and existing, 00 they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by sty executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv}'gnat entering into this Agreement does not violate any provision of any other 'Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executars; administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWPAGE] r 698/015610-0002 11222891.1 a12/18/17 -14- v� IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipui Corporation FRANK J. SPEVACEK, Ci .,Manager..,,' ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: Name: Title: By: Name: Title: NOTE: (I)TWO SIGNATURES ARE REQUIRED IF A CORPORATION'S BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC. (2)CONTRACTING PARTY'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY'S BUSINESS ENTITY. 698/015610-0002 11222891.1 a12/18/17 -1 5" Exhibit A Scope of Services 1. Services to be Provided: Plan Checking Scope of Services Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developii eq.ts, infrastructure improvements and special projects. The plans shall be reviewed. for, confab. ' nce with City and other applicable (County, State and Federal) ordinances an.dtodes wit strict attention to details. Plan Review services may include, but 1 , are not limited to the folio4ig: 1; < 41 • Building plans in g architectural, structural, electrical, mechanical, plumbing, energy, and acc _: ty plans . Grading plans 1606ding prgrise grading plans • Structural.calcuE'ations,.crridE reports • E=nes--gy rep�rtt and forms- - Cal Green plans a08.i!epwts including ods?nrnjssioning reports • Soils reports inc'10 r g geot'echnical upddtes Building constl�pirtion produ testing reports _, f The tasks of the plan examinerlh"dtd ude: rt ■ To check for conformarice4o: o California buitdfhy 'standards co(les', o City standards o Americans with Disabilities Act (AE A) stare' rds o Other agency requirements such .as: riverside County environmental health department and Coachella Valley Water district (CVVVD) • To check general mathematics and design criteria • Consultant shall input project data reicited to p.l ew information.Jnto the permitting software utilized by the City' • In writing, call for redesign of any portion of plans thdt: o Does not conform to code requirements .`.. o Is not consistent with calculations r o Will be potentially unsafe to residents and the public . 6uilding-Inspec#ion Services Consultant upon request of the City shall provide building inspection .services of special projects during the course of the construction to enforce compliance: with the conditions of approval, provisions of the City's building codes and the code requiremall .s set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes Shall document in writing all field conversations connected to the project Write corrective measures of field conditions to conform to codes and approved plans Exhibit A 698/015610-0002 Page 1 of 6 11222891.1 a12/18/17 g Last revised summer 2017 • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation: Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or ire ?pction processes consultant's plan review boiler plate correction documents c} .Acqu}ii nderstanding of key issues that need attention during the plan check pess ,, d) EstablishU-1ongoing operating procedures between City staff and the Consultai'�or the on -call services On -Cali Services: z a) Re City o pick up project documents for review when notified by s pe g softWdre to to recegp inspection assignments c:) Meet wj . _ `� staff, upqof equest by the City, to be briefed on unique aspe e.pr'oposed proj;�ct(s) d) At 1 ?meetings upon regUest by the City connected to plan review and / or fi spection activities e) Consultant u, olio request by the City s,h ai[, perform electronic plan review on the platform,..as specified by U i e 2. Performance Standards: Performance Standards: Consultant services following: s�dli.';include, bu -,Afe no�.'limited to the a) Scope of Services �. b) Schedule of Compensation c) Plan Review Time Frames Sched.61( 6f Perfo(n Maximum Time Frames): 1) One Week = 5 working days 2) Two Week =10 Working Days 3) Three Week = 15 Working Days Exhibit A 6981015610-0002 Page 2 Of 6 11222891.1 a12/18/17 g ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing p6blic works and maintenance projects, as described in this Section 1.3, Contracting Party shall Comply with applicable Federal, State, and local laws. Contracting Party is award`=fthe requirements of California Labor Code Sections 1720, et seq'., and 1770, et se:., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Munictl Code Section 1-12.040, which require the payment of prevailing wage rates and - 6.r performance of other .requiiernents on "Public works" and "Maintenance" projects. If -.the Services are tieing perforrn�-d as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty-fi .. thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenadi,"Work over fifteen thousand dollars ($15,000.00) is entered into or extended on or ter Jan r 1, 2D15 by this Agi ...ment„ Contracting Party agrees to fully comply with such, evailing Wage Laws 'including, but not limited to, requirements related to the '; aintenance of payrroll re brds and the employment of 13. apprentices. Pursuant tot.1 r lifornio Labor Code Section 1725.5, no contractor or subcontractor may be awarded a c_oriirnct_ f%or public uvork on a "Public works" project unless registered with the California Department of -Industrial Reications ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined try the Prevailing Wage Laws, this project is subject to compliance monitoring an'd.enforcementby the DIR. Contracting Party will maintain and will require all subcontr'a�tors to maintain valid and current DIR Public Works contractor,registro.tion dudhig, the term .of this Agreement. Contracting Party shall notify City i0,wrii'.ing immediritely, and in na case more than twenty --four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of bit'siness and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and Exhibit A 698/015610-0002 Page 3 of 6 11222891.1 a12/18/17 g inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wuge Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prev-ailing Wage Laws), Contracting Party shall bear all risks of payment or non-payrneht of prevailing wages under California law and/or the implementation of Labor Cbde Section 1781, as the some may be amended from time to tirne, rand/or any other similar law. Contracting Party acknowledges and agrees thot it shall be independeIntly responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall regOre.the some of all st:ibcontroctors. 2. Rkention. Payments shall be',made in accordance with the provisions of Article 2.0 of the Agreemirit. In accordance with said Sections, City shall pay Contracting Party a stem basod upon ninety-five percent (95%) of the Contract Sum apportionment of thr-,.Abbor an i materials incorporated into the Services under this Agreement during ,& mon)3`=.� overed by said invoice. The remaining five percent (5%) thereof shall be retainOM s performance security to -be paid to Contracting Party within sixty (60) days after ..,:, t acceptance of the Services by the City Council of City, after Contracting Party hark furnish-edi ;Cijy with a full release of all undisputed payments under this Agreeir nt, if reguiri,by City. Ili the event il�ere are any claims specifically excluded by Contracting Porty'frdm the d'eration of the -release, City may retain proceeds (per Public Contract Code § 7107) ,af up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractinq Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Exhibit A 698/015610-0002 Page 4 of 6 11222891.1 a12/18/17 g Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease. or increase in 'Contracting Party's cost of, or the time required for, performonce of any part.of the work shall issue a change order per Section 1.8 of the Agreement. (c) in ' he' event that a dispute arises between City and Contracting Party whether the.. conditions Mciteriolly. differ, or involve hazardous waste, or cause a decrease or oc-rouse in Contracting Party's,cost of, or time required for, performance of any part of the world C-botrcacting Party. `shall not be excused from any scheduled completion date provided for.by this Agre&nent, but shall proceed with all work to be performed under this Agreement. 'Coritracting Party shall retain any and all rights provided either by contract or `by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execLite anti maintain its work so as to avoid injury or damage to tiny pet -,on i or property. In carrying out the Services, Contracting Party shall at all timos be in complicanc:e with all applicable local, state, and federal laws, rules and regulations, and shot[ Oxercise oil necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as ap0k, able shall include, but shall not be limited to: (A) adequate life pr- tection and lifesaving equipment and procedures; (B) instructions in. accident. prevei7 fan for all employees and subcontractors, such as safe walkways, scaffold�., frill protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other.. safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of cictuol .damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from Exhibit A 6981016610-0002 11222891.1 a12/18/17 Page 5 of 6 any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A 698/015610-0002 Page 6 of 6 11222891.1 a12/18/17 g Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting PO.rty under this Agreement is ($ } ("Contract 5urn" ). The Cob�tract Sum shall be paid to Contracting Party in installment payments irade on a monthly basis and in an amount identified in Contracting Party's schedule of compensation ttached hereto for the work tasks performed and properly invoiced by Contracting Par y in conformance with Section 2.2 of this Agreement. [insert Contracting Party's schedule of compensation] _ �t , Y�� Exhibit B 698/016610-0002 Page 1 of 1 11222891.1 a12/18/17 g Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below [or... attached hereto and incorporated herein by this reference], Exhibit C 698/016610-0002 Page 1 of 1 11222891.1 a12/18/17 g Exhibit D Special Requirements [insert Special Requirements or indicate, "None" if there are none] 6981015610-0002 11222891.1 al2/18/17 Exhibit D Page 1 of 1 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insuranc6 -yvith minimum limits as indicated below and issued by insurers with A.M. Best ro itigs ;off no less than A -VI: Comroorci'at Generill'L•iability (at least as broad as ISO CG 0001) $1,000,000 (per occun'ence) $2'1000,000 (genera[ dagregate) � Must include the fotlowing endorsements: General Liability Add itianaJ'Insured L" General Liability PrimaYy and fioncontributory Commercial Auto Li. 's Rty (at least as broad as ISO CA 0001) �.�,.... $1,000,000 (per acciclerlt) Personal Auto lfecldration Page if applicable Errors and Om ssions Liability $1,000,000 (per claim dnct'aggregate) Workers Compensation (per statutory requirements) T:1 Must include the following endorsements' Workers Compensation Waiver of 546gation Workers Compensation Declaration or Sole Proprietor if apphcoble Contracting Party shall procure, and maintain, at its cost, and submit concurrently with its execution of this Agreement:, Con-imercipi General Liability insurance against all claims for injuries againO. :persnr}s or damages to proerty resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall he primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officerg and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or Exhibit E 698101561.0-0002 Page 1 of 6 11222891.1 a12/18/17 g anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy 511rill contain a severability of interest clause providing that coverage shall be primary for ioss,es arising out of Contracting Party's performance hereunder and neither City nor its irISLArers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy fo'rr�t coverage specifically designed to protect against acts, errors or omissions of the, Contracting Party and "Covered Professional Services" as designated in the pgtley must specifically include work performed under this agreement. The. policy limit shall he no less than $1,000,000 per claim and in the aggregate. The :policy must "pay on bei olf of the insured and must include a provision establishing the insurer's duty tb defend. The policy retroactive date shall be on or before -the effective-date'cif this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation tgws with employer's liability limits no less than $1,000,000 per accident or disetis.e. Contracting Party shall provfoe written notice to City within ten (10) working days if: (1) any of the requir-ed insuiarjce policies is terminated; (2) the limits of any of the required polices are reduced; of (3) the deductible or self -insured retention is increased. In the event any of said 'olicies of inwrance. o10 cancelled, Contracting Party shall, prior to the cancellat;ibn date; submit new -evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or cerlificoLes evidencing the sane shrill not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a: Q--hteinsuir--h ing-i-, rC .-.a dP-d-11nt GAd „te . ,, :�. e r� cif tkae b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exhibit E 698/016610-0002 11222891.1 a12/18/17 Page 2 of 6 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 Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contract nj Party. Contrd ing Party and City agree to the following with respect to insurance ;provided by Contracting Party: 1. Contracting] Party agrees to have its insurer endorse the third party gen„�!I liability coveMoe required. herein to include as additional insureds City, its Cannot provide office; e,mployee�s„and agents, using.. standard ISO endorsement No. CG 2010 with editions that have been replaced. an ed9ti`bn.n ior..to 1 92. Contracting 1-10rty,:also agrees to require all contractors, and subcontractbrs to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against ..CRy regardless of -the applicability of any insurance proceeds, and to require all rolttractors and subcontractors to do likewise. 3. All insurance coverage and limits pi`avided by Contracting Party and available or applicable to this Agreement are io- ntended to apply the full extent of the policies. Nothing contained in this Agreement;ar any other oc�reeniettt relating to City or its operations limits the application of sucF insuranrce coverage. 4. None of the coverages required herein die incompliance With these requirements if they include any limiting endorsement of any kind that has nNwl'oul first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition trot 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 (irises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered Exhibit E 698/015610-0002 11222891.1 a12/18/17 Page 3 of 6 to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, of City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to he provided by Contracting Party or any subcontractor, is intended to apply first andi on a primary, non-contributing basis in relation to any other insurance or setf-insuronce available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved witFr fie projectthat is brought onto or involved in the project by Contracting Partyy, 'provide the some minimum insurance coverage required of Contracting Party. Contracting Party agree` to monitor and review all such coverage and assumes all responsibility for eAfAng that such _coverage is provided in conformity with the requirements of. this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review,"', 10. Contracting Party agrees. not to self -insure or to use any self -insured retentions or deductibles on cony portion of the in�urcince required herein (with the exception of professional liability. coverage,: if,;required) and further•: agrees that it will not allow any contractor, subcontractor, Arch .it'ect,.;Engineer or other entity or person in any way involved in the performance of work 4 the proj� , cants�? fated by this agreement to self -insure its obligations to Cry. If Coritactrng Ptffts existing coverage includes a deductible or self -insurer] retention, the deductible or.selfinsured retention must be declared to the City. At that time. the City shall review options with the Contracting Party, which may include reductiah or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such chtinge results in substantiol additional cost to the Contracting Party, the icity will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any Exhibit E 6981015610-0002 11222891.1 a12/18/17 Page 4 of 6 insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees er ads 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. Contracting Party shall provide proof that policies of insurance required herein .expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage hos been ordered shall.be,submittQrd prior to expiration. A coverage binder or letter from Contracting Party'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. i 16. The provisions of any workers' compensation or similar act will not limit the obligations of: `.;Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunfty defenses under such laws with respect to City, its employees; officials, and eg�p nt'. 17. Requirements of specific coverage f(latUres 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 clarr nation only qs it pertains to a given issue, and is not intended by any party or insureW be liniitingor all-inelusive. ; 18. These insurance requirements Ore intenA6: a*M�,separate ariadistinct from any other provision in this Agreement and are intended b1e parties hereto be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring tiicrt no contract used by any party involved in any way with the project reserves I:Ile right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Exhibit E 698/015610-0002 11222891.1 a12/18/17 Page 5 of 6 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E 6981015610-0002 11222891.1 a12118117 Page 6 of 6 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standcird;yf care for Contracting Party's Services, to the fullest extent permitted by low, Contracting Party shall indemnify, protect, defend (with counsel selected by.City), and hold harmless City and any and all of its officials, employees, and a,gehts ("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 on employee of Contracting Party or of any subcontractor), costs cind�expenses-of tiny kind, whether actual, alleged or threatened, including, withoLA iii-nitation, incidental and consequential damages, court costs, attorneys' fees, titigjation expenses, and fees of expert consultants or expert witnesses incurred in connection dierewith and costs of investigation, to the extent same are caused in whole or in ,part, by any negligent or wrongful act, error or omission of Contracting Party, its officers; agents, employees or subcontractors (or any entity or individual that Contracting;: Pearly shall bear the legal liability thereof) in the performance of professional , services under this agreement. With respect to the design of public improverne"nfs, the Contracting Party shall not be liable for any injuries or property damage r gsulting from the reuse of, the design at a location other than that specified in Exhibit A without th!e written consent of the Contracting Party. b. indemnification for Other Thon Professional Licibility. Other than in the performance of professional services and. to the full extant l:ier mitted by law, Contracting Party shall indemnify, defend (with; counsel selected by CilN..),; and hold harmless the Indemnified Parties from and agoihst any .ticability (includingliability for claims, suits, actions, arbitration proceedings, .odministrohvb i'iroceedings, hloUlutory proceedings, losses, expenses or costs of tiny kind whether actual, alleg,qd.. or threatened, including, without limitation, incidontal and consequential domages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants ❑i- expert witnesses) incurred in connection therewith and costs of investicjatien, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage Exhibit F 698/016610-0002 Page 1 of 2 11222891.1 a12/18/17 g of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for ❑esian Professionals. 1. Applicability of this Section F.Vd). Notwithstanding Section F.1(a) heroinabove, the following indemnification provision shall apply to a Contracting Partyswa-.constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Sc�e�f Indemnification. When the law establishes a professional standard o.64- re for Contracting Party's Services, to the fullest extent permitted by law, Contrn.bt ng Party. shall indemnify and hold harmless City and any and all of its officials, erriployees, and agents ("Indemnified Parties") from and against any od all losses, iicibilities of every bind, nature, and description, damages, injury (including, without,irnitation, injury to or death of an employee of Contracting Party or of any subcontractor), .costs.. and expenses, including, without limitation, incidental and consequential clgt rages, 'Court costs; reimbursement of attorneys' fees, litigation expenses, and fees Q:f` Expert consukonts or expert witnesses incurred in connection therewith and costs -of investigd i6n- •to the extent same are caused by any negligent or wrongful act, error or ornissibn of Contracting. �.� officers, agents, employees or subcontractors (or any entity or individual,.-ih` ratting Party shall bear the legal liability thereof) in the perforrnape of prdf services under this agreement. With respect to the dec-ign of public im�I ements, the Contracting Party shall not be liable for any injuries or properiy:,darr7age resulting frorn the reuse of the design at a location other than that specified in..: Exhibit A without: the .written consent of the Contracting Party.. 3. Design Professional De# rjed. As L.Ised in this Section F.1(d), the term "design professional" shall be lirr'ii" d to licenserl architects,ret�itered professional engineers, licensed professional l nd:suNeyors and landscape arch'i0kts, all as defined under current law, and as may be amended from time to time by'Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions.. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, frn,rn each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F 6981015610-0002 Page 2 of 2 11222891.1 a12/18/17 g