FORMA Design, Inc.CITY OF LA QUINTA
Proposal for the
Development of an Area Plan for the
Highway 111 Corridor
FORMA Design, Inc.
Gregory Stoffel & Associates
Urban Crossroads
Fuscoe Engineering
30 Three Sixty Public Finance
RCLCO
November 16, 2018
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Highway 111 Corridor Area Plan
1
REQUEST FOR PROPOSALS (RFP)
FOR THE DEVELOPMENT OF AN AREA PLAN
FOR THE
HIGHWAY 111 CORRIDOR
2
i
Table of ConTenTs
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
1. Cover Letter ...................................................................................1
2. Statement of Qualifications .........................................................3
3. Project Understanding and Approach .....................................10
4. Scope of Work .............................................................................12
5. Schedule/Timeline .......................................................................16
6. References ...................................................................................17
7. Cost Proposal ...............................................................................18
8. Appendices
Non-Collusion Affidavit ...............................................................20
Agreement for Contract Services .............................................21
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Highway 111 Corridor Area Plan
1
REQUEST FOR PROPOSALS (RFP)
FOR THE DEVELOPMENT OF AN AREA PLAN
FOR THE
HIGHWAY 111 CORRIDOR
1
Cover leTTer
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
November 16, 2018
Mr. Danny Castro
Design and Development Director
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92247-1504
Re: Request for Proposal for Highway 111 Corridor Area Plan
Dear Mr. Castro:
We have assembled a team of experts that uniquely fits your needs in formulating an Area Plan
for the Highway 111 Corridor. The FORMA Team is a multi-disciplinary team created to address
the goals and needs of the La Quinta Highway 111 RFP. Our team is heavily weighted towards
marketing, economics and financial strategy because we believe these are the disciplines that
are the foundational skills to position a successful project. With our private sector experience, we
understand the importance of defining and projecting what is feasible from a market and financial
perspective that will determine and drive the design components of a project. Our team has
both private and public experience to provide the City of La Quinta a full spectrum of professional
services from market feasibility, land use programming, project vision, development regulation,
public and private implementation to final construction.
We are committed with our senior member involvement to lead our team in meeting the project
goals and objectives in a timely manner that exceeds the expressed schedule. To meet our
proposed schedule, we will be responsive to City Staff and collaborate in a cooperative manner.
This will be demonstrated in our proposed interactive workshops with the Project Stakeholders.
Based on our experience of other similar projects, we understand the importance of involving both
the City, property owners, local business and public in the Planning Process.
Our team has a rich experience on Specific Plans which requires similar components as outlined
in this RFP, including effective development standards, attractive design guidelines and
implementation program and strategies. Our team is also experienced in future and emerging
technology such as autonomous vehicles, electric bikes and scooters, NEVs and the integration of
multimodal planning.
2
Cover leTTer
Our Team and the Principal in charge for each firm:
Gene Hsieh - FORMA –Planning Project Design and Community Outreach
Greg Stoffel – Gregory Stoffel & Associates – Market Research and Analytics
John Kain – Urban Crossroads – Transportation Analysis and Complete Streets
Steve Ellis – Fuscoe Engineering – Infrastructure Analysis and Complete Streets
Mitch Mosesman - 30 Three Sixty Public Finance – Plan Implementation
Lorry Lynn – RCLCO – Real Estate Advisors
FORMA will be the lead consultant and the contact firm throughout the selection process. We look
forward to discussing our proposal for the Highway 111 Corridor Area Plan in further detail, and are
looking forward to working with you on this exciting project for the City of La Quinta.
For Our Team
FORMA
H. Gene Hsieh
Principal
gene@formacompanies.com
3050 Pullman Street
Costa Mesa, CA 92626
714-673-6200 x225
xc: Greg Stoffel, Gregory Stoffel and Associates
John Kain, Urban Crossroads
Steve Ellis, Fuscoe Engineering
Mitch Mosesman, 30 Three Sixty Public Finance
Lorry Lynn, RCLCO
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sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
FORMA
Over 30 years in business under present business name, and 30 years of experience preparing
Specific Plan documents. FORMA is a premier urban planning and design, and landscape
architecture, real estate development, consulting firm. We specialize in residential, commercial,
industrial, retail, entertainment, and resort development projects for both public and private sector
clients. FORMA is comprised of professional designers, urban planners, landscape architects, and
natural systems experts who collaborate to create innovation within built environments. We pride
ourselves on helping our clients to formulate project goals, and then work with multifaceted teams
to thoroughly assess and attain profitable development solutions.
FORMA References
City of Adelanto – Provided planning services for the General Plan Update from January 2011 to
October 2014
Mark DeManincor (Former Principal City Planner, City of Adelanto)
City of Calimesa Planning Director
909-795-9801
mdemanincor@cityofcalimesa.net
City of Aliso Viejo – Provided planning services for the Aliso Viejo Town Center Vision Plan from
January 2013 to January 2016
David Doyle, City Manager
City of Aliso Viejo
949-425-2513
ddoyle@cityofalisoviejo.com
Westgate Specific Plan – Provided planning services for Unitex on the Westgate Specific Plan from
October 2015 through March 2017
Zai AbuBakar, Planning Director
City of Fontana
909-350-7625
ZAbuBakar@fontana.org
City of Santa Maria – Provided contract planning services for a 159-acre Specific Plan January 2017
to present
Chuen Ng, Director of Community Development
City of Santa Maria
805-925-0951
cng@cityofsantamaria.org
Gene Hsieh - See Resume
Van Stephens - See Resume
Carol S. MacFarlane - See Resume
Richard Maxwell - See Resume
Lora Tonjes - See Resume
4
sTaTemenT of QualifiCaTions
GREG STOFFEL & ASSOCIATES
Gregory Stoffel & Associates is a marketing services firm specializing in consulting services for retail
and commercial real estate development organizations, cities, and towns. The company has
provided services to many of the top real estate developers, community builders, retailers, and
entertainment companies on over 85 master-planned communities, towns and cities and more
than 400 existing and planned retail, commercial, and entertainment-oriented developments
throughout the United States, Canada, Mexico, and Asia.
The firm’s range of services includes:
• Development strategies, demand analysis, sales projections, feasibility and tenant mix
recommendations for retail/commercial/entertainment developments
• Retail development potential analysis and development strategies for master-planned
communities, cities and towns
• Product and tenant mix planning and definition
• Retail positioning studies
• Leakage and cannibalization studies
• Design, implementation, analysis and practical application of consumer research
Stoffel & Associates References
1. Mary Beth Jenkins
President
The Laramie Company
Denver, CO
(303) 573-5007
Various private and municipal retail consulting assignments.
2. David Mudgett
President
Timberline Commercial Real Estate
Corona, CA
(949) 861-8277
Commercial retail and planned community analysis.
3. Dan Sheridan
Partner
Hoffman Strategy Group
Newport Beach, CA
(949) 677-1540
Various retail analysis assignments throughout Orange County.
4. Stan Hoffman
President
Stanley R. Hoffman & Associates
Los Angeles, CA
(310) 820-2680
Various private and municipal retail consulting assignments.
Greg Stoffel - See Resume
5
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
URBAN CROSSROADS
Urban Crossroads, Inc. staff members provide the mix of local knowledge and experience (related
to work on the CV Link, among other projects), combined with extensive experience in other
communities, to assist La Quinta in evaluating the right direction for the Highway 111 Corridor Area
Plan transportation components.
Great Park Neighborhoods/Heritage Fields, Irvine
• Travel Demand Modeling and Vmt Projections
• Circulation Master Plans And Freeway/Tollway Access Features
• Complete Streets Network, Roundabout Designs
Client Name: FivePoint Communities
Contact: Ms. Jennifer Bohen
Phone: (949) 349-1076
Email: jennifer.bohen@fivepoint.com
UC Key Staff John Kain, AICP
Marlie Whiteman, PE
For the past nine years (2009 – present), Urban Crossroads has evaluated the impact of various
Great Park Neighborhoods development scenarios on the City of Irvine, City of Lake Forest, County
of Orange and surrounding areas using the Irvine Traffic Analysis Model (ITAM). Design features are
intended to provide safe travel by those walking, bicycling, driving in automobiles, riding public
transportation, or delivering goods. The project encompasses 9,500 dwelling units, 1.5 million square
feet of Business and Commercial Multi-Use, and 3.4 million square feet of Medical and Science
(Research & Development).
CV Link Multimodal Corridor
• Travel Demand Modeling And Vmt Projections
• Pedestrians, Bicycles, And Low Speed Electric Vehicles
• Corridor Design Features, Safety, And Connectivity
Client Name: Terra Nova Planning & Research, Inc
Contact: Mr. John Criste
Phone: (760) 341-4800
Email: jcriste@terranovaplanning.com
UC Key Staff: Marlie Whiteman, PE
John Kain, AICP
The transportation analysis prepared by Urban Crossroads, Inc. evaluates the potential interface
between pedestrians, bicyclists, Low Speed Electric Vehicles (LSEVs), and autos in support of a
project level EIR for the CV Link project. The corridor is intended to facilitate safer, more attractive,
and economically-thriving bike/LSEV/walk linkages for residents and visitors throughout the
Coachella Valley. The transportation analysis evaluates the effects on vehicle miles travelled
(VMT) for various alternatives / modes, and also analyzes 33 key at-grade access and/or at-grade
crossing locations along the corridor where activity levels may require safety improvements and/or
street traffic operations are impacted.
6
sTaTemenT of QualifiCaTions
Pomona Station, Metro Gold Line Foothill Extension
• Impacts Of Rail Crossings At Key Roadways
• Station Design, Access, And Parking
• Transit Oriented Development
Client Name: City of Pomona
Contact: Mr. Matthew Pilarz
Phone: (909) 620-3652
Email: matt_pilarz@ci.pomona.ca.us
UC Key Staff: Marlie Whiteman, PE
John Kain, AICP
Urban Crossroads Inc. provides on-call services to the City of Pomona regarding the Metro Gold
Line Foothill Extension, including assessment of access by pedestrians, bicyclists and autos to the
proposed new Pomona Station parking structure and adjacent Transit Oriented Development.
John Kain – See Resume
Marlie Whiteman – See Resume
FUSCOE ENGINEERING
Fuscoe Engineering (FEI) will bring three core skills to this assignment:
• 40 years of experience with civil engineering infrastructure to ensure the approved Project is
practical, feasible and functional.
• 15 years of experience with “Complete Streets”. Our library of proven features is extensive, and
our “green” projects extend from the Bay Area to San Diego jurisdictions.
• A proven and successful track record with FORMA on similar projects in the same region.
FEI is known for its collaborative and creative approach. Our team will deliver personal, attentive
and comprehensive expertise.
Similar Projects and References
City of Cudahy General Plan Update
Cudahy, California
Client – MIG, Inc.
Status – 2015 – Ongoing
As part of the 2017 Cudahy General Plan Update, which will incorporate a road map for City
planning out to 2040, Fuscoe Engineering is providing technical support to the lead consultant
MIG. FEI’s primary role is to evaluate City-wide infrastructure with the proposed land use changes
and identify areas where potential upgrades and future CIP projects should be directed. As part of
the infrastructure analysis, FEI is also identifying appropriate green infrastructure opportunities and
sustainable water conservation policies to support future redevelopment within the City. In addition,
FEI is providing the supporting EIR Technical Analysis, which will accompany the General Plan
Update.
Contact – Lisa Brownfield – 626-744-9872
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sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Arrow Highway Corridor Specific Plan and EIR
Glendora, California
Client – MIG, Inc.
Status – 2015 – 2017
The City of Glendora’s primary goal for the Arrow Highway Corridor Specific Plan is to transform
and revitalize the Arrow Highway Corridor area within the city of Glendora and unincorporated
Los Angeles County with a variety of land uses in an attractive environment that provides overall
economic redevelopment and improved livability. In order to help the City of Glendora achieve
this goal, Fuscoe provided significant technical resources to ensure the proposed land uses are
supported by appropriate infrastructure upgrades and services. In addition to the technical
analyses, Fuscoe also provided EIR support to help the City obtain all necessary entitlements.
Contact – Lisa Brownfield – 626-744-9872
Steve Ellis – See Resume
Ian Adam – See Resume
30 THREE SIXTY PUBLIC FINANCE
30 Three Sixty Public Finance, Inc. (“30 Three Sixty”) is a public finance consulting firm that is focused
on serving the municipal market. The professionals at 30 Three Sixty have a combined fifty-five
(55) years of experience in the field of land-secured infrastructure finance. We cut our teeth in the
field following the passage of California’s landmark Proposition 13 which effectively eliminated
traditional mechanisms employed by municipalities to finance infrastructure. Necessity being the
mother of invention, California’s legislature authored the Mello-Roos Community Facilities Act in
1982, and with nearly 2,300 transactions and $26 Billion in bonded indebtedness to-date, the State
and the public finance community has not looked back since. Following the rapid growth of land-
secured finance in California, 30 Three Sixty’s principals pursued public finance engagements in the
States of Illinois, New Mexico, and Texas.
In addition, the 30 Three Sixty project team has considerable experience providing consulting
services to commercial and investment banks, institutional investors, REITs, commercial and
residential land developers and home builders, with an emphasis on the acquisition and
management of large scale land development projects and other complex investments
throughout the United States. The firm’s principals have advised on the evaluation, acquisition,
financing, entitlement and/or disposition of more than 60,000 residential lots and 40 million square
feet of commercial property.
Similar Projects and References
California Statewide Communities Development Authority (“CSCDA”) Open PACE Program: 30
Three Sixty provides a comprehensive suite of services for the administration of CleanFund’s
Commercial PACE program. Base services include the enrollment of annual assessment installments
with all applicable counties, monitoring each county’s installment collections by parcel, reconciling
periodic county lump sum apportionments with parcel ID level assessment installment data and
coordination with trustees to verify and reconcile debt service payments. In addition, we provide
follow-up services related to delinquent installment payment and the calculation of assessment
payoff amounts in the event of prepayment.
8
sTaTemenT of QualifiCaTions
Project Reference:
James Hamill, Managing Director
1700 North Broadway, Suite 405
Walnut Creek, CA 94596
(925) 476-5644
City of San Marcos City-wide CFDs: The City of San Marcos receives a comparatively small share of
the property tax dollar and in the 1990s established CFDs to fund the costs of public safety services
and public infrastructure operation and maintenance attributable to new development. Ultimately,
separate law enforcement and fire protection CFDs were created because the boundaries of the
fire protection district funded and managed by the City were not coterminous with the boundaries
of the City. Although the boundaries for each city-wide CFD comprise a specific development
project, the entire City, or fire protection district, as applicable, is designated as future annexation
area. The City conducts two types of annexation proceedings. The first primarily involves a routine
annexation to the law enforcement and fire protection CFDs. The second occurs in connection
with the annexation to the public infrastructure operation and maintenance CFD; in this case an
improvement area is created to authorize the operation and maintenance of project specific
infrastructure in addition to the city-wide infrastructure (e.g., parks, trails, street lights, traffic signals,
and medians). The special tax rates for each CFD are supported by city-wide fiscal impact
analyses.
Project Reference:
Alan Stutler, Budget and Revenue Officer
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069
(760) 744-1050 x3127
City of Malibu Civic Center Wastewater Treatment Facility – Phase 1: Assessment District No. 2015-1
(Civic Center Wastewater Treatment Facility – Phase 1) is comprised of fifty-seven (57) properties in
the Civic Center area of the City of Malibu. Assessment District No. 2015-1 levied assessments in an
aggregate principal amount of approximately $63,700,000 to finance the design and construction
of treatment plant, sanitary sewer collection, and recycled water distribution facilities to serve
Phase 1 of the Civic Center area.
Project Reference:
Reva Feldman, City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 92065
(310) 456-2489 x226
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sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
RCLCO
RCLCO assists public sector entities by providing them with the same investment grade market,
financial, economic, and development services expertise that has earned the firm a top-notch
reputation in the private sector. On a daily basis, RCLCO professionals bring the discipline of
market analyses and financial modeling to neighborhood planning, transit-oriented development,
affordable housing, corridor studies, regional growth management, economic development
strategies, comprehensive plans, and urban re-investment initiatives.
Robert Gardner – See Resume
Lorry Lynn – See Resume
sTaTemenT of QualifiCaTions
gene_hsieh Page 1
H. GENE HSIEH, PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. Gene Hsieh (pronounced Shee ah) is in charge of FORMA's governmental applications in
addition to serving as Director of Planning and Design. Years of working with public agency
staff enable Mr. Hsieh to anticipate policy, regulatory and economic needs on a local,
statewide, and national basis. Mr. Hsieh's knowledge of governmental requirements is
augmented by practical experience gained while working on the Advanced Planning Staff for
the City of Los Angeles.
Mr. Hsieh is in charge of FORMA Systems' governmental applications. He has over 30 years’
experience collaborating with public agencies, which enables him to anticipate policy, regulatory, and economic
needs on a local, state, and national basis. This knowledge is augmented by practical experience gained while
working in the Planning Department of the City of Los Angeles.
As Director of FORMA Systems, Gene Hsieh focuses on the development and implementation of computer
applications to meet the challenges of planning and landscape architecture. Since FORMA’s incorporation, Mr.
Hsieh has managed and coordinated both community planning and large scale GIS land use projects including:
Travertine Point
Oasis, CA (Riverside County)
Land planning, sustainable community and Climate Action Plan, Specific
Plan entitlements and design guidelines for a 5,000-acre, 16,655 homes
New Town in the Eastern Coachella Valley, including regional commercial,
employment center, resort, and residential.
City of Aliso Viejo General Plan Amendment and Green City Initiative Plan (Climate Action
Plan)
City of Adelanto Land Use Plan/Mapping and Design and Sustainable Guidelines
Heritage Fields Park District Land Planning and Plan Development - GIS Analysis, Visioning, Land Use
Alternatives and Community Planning
Sycuan Master Plan Suitability Mapping and Sustainable Planning, Sycuan Band of the
Kumeyaay Nation
Banning Ranch Coastal constraints analysis and plan development
Newhall Ranch Project wide GIS mapping and third dimensional visualization
Newport Coast Master Planning and Jurisdictional Entitlement
River and Mountain Conservancy GIS Implementation and Data Collection for newly formed State Agency
Tejon Ranch GIS Implementation and Data Collection
The Irvine Company Development and implementation of Corporate GIS
LACO GIS Mapping of Sensitive Ecological Areas
PROFESSIONAL HISTORY
FORMA Systems President, 1992 - Present
FORMA Design Principal, 1983 - Present
Phillips Brandt Reddick Associate/Director, 1976-1982
Toups Corporation Project Manager, 1973-1976
Richardson, Nagy, Martin Project Manager, 1972-1973
City of Los Angeles Advance Planner, 1969-1972
QUALIFICATIONS AND EDUCATION
B.A. Architecture College of Environmental Design, UC Berkeley
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
van_stephens.docx Page 1
VAN STEPHENS, PRESIDENT
PROFESSIONAL EXPERIENCE
As founding Principal of FORMA, Van understood the global economy dictated a new structure to design firms based on
horizontal management principles of interdisciplinary collaboration. The teamwork of planners, environmental and
entitlement managers, landscape architects, graphic designers, and computer scientists has supported Van’s quest to provide
essential qualifications for innovative community development – a science more than an art form.
FORMA immediately became lead consultant for many of the West’s most successful developers and public agencies, such as:
Terrabrook, The Irvine Company, Trammel Crow, The Koll Company, Sante Fe Energy, Newhall Land, Lennar Communities,
Brooks Street, and Cherokee Investments, Arvida/Chevron, Disney, Coto de Caza Developers, County of Orange, Cities of
Newport Beach, Irvine, Rancho Cucamonga, San Marcos, Duarte, Van has served as lead planner for most of these clients for
many years as their projects mature from concept to reality.
The client mix of FORMA required that the firm retain its lead in technological support for real estate management. FORMA
Systems has lead industry standards in GIS, CAD, computer simulations, animations, WEB-based systems, and interactive
digital services.
Van has provided insight and strategic applications for many innovative real estate ventures and planned community
development. FORMA has become strategic partners with some of the world’s technology giants to create the beneficial
mixing of e-business and real estate. Van’s most recent innovations have included the defining features and configurations
for the future’s new communities.
These are places that will be noticeably different to accommodate telecommuters, extended education, life-long learning,
converging telecommunications, transportation, and entertainment.
Aliso Viejo Town Center Led the “Vision” process of enriching the Aliso Viejo Town Center. Design ideas
for improving the existing Towne Center were graphically mapped for the
landowners, citizens, and City leaders to evaluate. The ideas have coalesced
into a popular program of upgrades to signage, parking, festivals, architectural
and landscape upgrades, and opportunities for added leasable space, which all
add economic vitality to the area.
Great Park Neighborhoods Provided a Master Planning and Landscape role in defining the Great Park
Neighborhoods as a community of the future, with pedestrian-friendly access to
the Great Park of Orange County and internal community services to reduce
VMT.
Travertine Point Served as visionary and lead designer for a complete New Town in Coachella
Valley. The plan is unique for its Climate Action Plan, pedestrian circulation,
walkable retail services, and balanced phasing.
Sycuan Tribal Lands Master Plan Master Development Plan for entire holdings, focused on resort, casino, and
administration land use studies.
Heart Of The City Urban Design Plan Concepts for the quality development of downtown San Marcos around a new
state university.
Terranea Amenitized resort community on the Palos Verdes Peninsula.
Space World Natural replications which enhance a theme park in Japan where space
exploration is softened with return to safety of mother earth.
Montage Resort Montage/Athens Group – Five-star Laguna Beach resort and residential village.
Tejon Ranch Mountain Resort concept of land stewardship and gentleman farming.
Park Place A conceptual landscape and urban design for pedestrian circulation and new
mixed-use additions to the landmark urban center in Irvine.
The Crossings An intimate village of residential neighborhoods relating to the natural
surroundings of Heber, Utah.
Festival of Arts Master plan for an internationally known venue of the arts.
Laguna Beach Village Entry Urban design plan for a village arboretum and public multi-function plaza.
Monrovia Nursery and Garden Village National competition for redevelopment of a beautiful site in the City of Azusa.
sTaTemenT of QualifiCaTions
van_stephens.docx Page 2
VAN STEPHENS, PRESIDENT
Coto de Caza Mixed-use private recreation community centered on nature and a 36-hole
country club. ULI 2000 Community of the year.
Otay Ranch Mixed-use New Town based on principles of pedestrian and transit (San Diego
Trolley) friendly design. Awahnee Award 1997 for design innovation and livable
standards.
Irvine Communities Premium environments in Tustin Ranch, Newport Coast, Northwood, and Oak
Creek. Multiple National awards.
Newhall Ranch Open space-oriented New Town with a complimentary mix of pedestrian
centered villages. National Association of Environmental Professional Excellence
Award 2000 for Responsible Development.
Jensen Ranch Land planning, amenities design and site planning for a 1,500-acre master
planned golf course community in Madera County, CA, including trails and San
Joaquin River open space planning.
Eagle Glen Land planning, specific plan, design guidelines. Development is highlighted by
an innovative hillside golf course and 13-acre youth sports park.
PROFESSIONAL HISTORY
FORMA, Costa Mesa, CA Principal
QUALIFICATIONS AND EDUCATION
Master of Urban Planning California Polytechnic State University
Bachelor of Science Environmental
Design,
California Polytechnic State University
Civil Engineering Aid School U.S. Naval Construction Forces
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
carol_macfarlane_urban_design.docx Page 1
CAROL SULLIVAN-MACFARLANE, ASLA
PRINCIPAL/DIRECTOR OF DESIGN
PROFESSIONAL EXPERIENCE
Ms. Sullivan-MacFarlane has more than thirty-two years of professional experience in all
aspects of landscape architecture including extensive experience in community level
landscape design, park and streetscape design, resort design, and golf course landscape
architecture. She has been an influential director on a diverse array of award-winning
projects in communities throughout the West.
As a Principal and Director of Landscape Design within FORMA’s diverse cadre of landscape
design services, she is a manager with unique talent and skills supported by the latest
computer technologies. Ms. Sullivan-MacFarlane’s leadership has refined FORMA’s
capabilities where responsibilities begin with the conceptual design process, cost estimating, construction
documentation, and continue through to final implementation and construction management. Her experience,
quality staff, and technical expertise ensure that FORMA’s solutions are creative, state-of-the-art, feasible and
technically sound.
Carol has gained a well-respected reputation industry-wide for her delivery of creative design capabilities as well
as her efficient, well-tested, and clear construction documents. The detail, value engineering, and protection for
the Client within the specifications are noted to be the best in the industry. In her career, Ms. Sullivan-MacFarlane
has successfully directed, designed, and managed a variety of projects.
Tracy Hills – Phase I
Tracy, CA
New 5,499-unit development with the first phase of 1,179 units
introducing four miles of spine road linking the community together
through the tapestry of low water, drought-tolerant plant material.
El Paseo Revitalization
Palm Desert, CA
A unique strolling, shopping, and dining district, this 2 mile corridor of
high-end retail, has been designed for revitalization of the area. Lauded
as one of only five public art destinations in the nation, the revitalization
design features Smart Technology LED lighting, iconic district
identification, smart technology irrigation systems and LEED design
underground water retention drainage system. The Green design
features narrowing the street width through the application of corner
bulb-outs and mitigating heat-island effect through the use of porous
pavers, canopy trees and the drought tolerant plant material.
Fremont Street Experience
Las Vegas, NV
The Fremont Street Experience, located in downtown Las Vegas, Nevada
features a covered outdoor pedestrian mall and many entertainment
attractions. Occupying the western-most 5 blocks of Fremont Street,
great care was taken in the design composed of detailed, enhanced
paving, circular planter pockets with palms, and custom street furniture
further enhancing the pedestrian experience.
Laguna Hills Civic Center
Laguna Hills, CA
This project encompassed the complete redesign and refurbishment of
City Hall and the Civic Center for the City of Laguna Hills. The Spanish-
style building anchors a pedestrian plaza, surrounded by parking linking
the City’s new Urban Village to the entrance of the Civic Center. The
design includes amenities such as a focal fountain, seating under
decorative trellis for shade, and planters, enhanced paving.
Laguna Hills Urban Village
Laguna Hills, CA
A full concept design to construction documentation to initiate the Urban
Village theme for the City of Laguna Hills by addressing the entire Right-
of-Way, introducing custom designed monuments, lighting elements,
enhanced paving, bus shelters, and thematic street furniture, accented
by clean line low-water landscape medians and parkways punctuated by
sTaTemenT of QualifiCaTions
carol_macfarlane_urban_design.docx Page 2
CAROL SULLIVAN-MACFARLANE, ASLA
PRINCIPAL/DIRECTOR OF DESIGN
Canary Island Date Palms and “Medjool” Date Palms for visual
orientation.
Oak Creek Village
Irvine, CA
620-acre community with one public park and three private parks, a
retail center, pedestrian bridge, and miles of community streetscapes.
Burbank Village Walk
Burbank, CA
Located in downtown Burbank, this refurbished area consists of a
development that sits atop 6,000 square feet of newly renovated retail
and 8,000 square feet of upscale restaurants along Angelino Avenue.
FORMA’s renovation design provided the benchmark for which the City
of Burbank’s main street is now measured.
Garden Street Plaza
Visalia, CA
FORMA designers assisted the City of Visalia’s citizens through
community outreach workshops to create a vision for the pedestrian
plaza adjacent to historic downtown’s Main Street.
Playa Vista
Los Angeles, CA
On Playa Vista Drive and Jefferson Blvd. the architecture for the 54 units
was inspired by Frank Lloyd Wright and its non-symmetrical layout
creates an opportunity to develop three distinct courtyards. On Playa
Vista Drive and Pacific Promenade the Spanish Colonial architecture for
the 27-unit building is reinforced in the landscape design. An Alhambra-
inspired Spanish Revival landscape theme was accomplished through the
raised planter layout and detailed selection of appropriate pottery. The
perimeter landscape complements the building and architectural styles
and reinforces the established streetscape theme of Playa Vista.
Pier 202
Tempe, AZ
As a vibrant lake-oriented complex, Pier 202 is a place of distinction and
superior life style features. This futuristic place has complementary
districts of public promenades and plazas, residential enclaves, hotel and
hospitality services, and offices. It is linked with supporting
entertainment and retail corridors. The architecture is a blending and
transitioning of traditional and modern styles – traditional at the
pedestrian level incorporating modern efficiency in the high rise
architecture. The site affords dramatic views off and on site, with scenes
of the lake and adjacent golf courses, and regional mountain vistas.
MGM Grand Hotel, Gateway Entry
and Convention Center
Las Vegas, NV
The project encompassed the MGM Grand Lion Entry & Gateway, the
Grand Mansion Villas, the luxurious Spa and expansive Pool Area, as well
as the MGM Grand Convention Center and Visitor Plaza. The design of
the Entry & Gateway incorporated detailed enhanced paving, tiered
planter walls with lush tropical landscape accented by 80' high
Washingtonia robusta palm trees. The Spa and Pool area was designed
with five pools and a calm river with grotto, all intended to provide
upscale, yet comfortable, separate use areas for various user groups.
Ms. Sullivan-MacFarlane worked as Landscape Designer and the lead
Landscape Project Manager at her previous firm, and was intimately
involved with every aspect of this extremely far-reaching and complex
revitalization project.
Universal Studios, Hollywood
Universal City, CA
Jurassic Park - The Ride is a themed water ride/attraction based on the
novel and movie Jurassic Park. This attraction presented a landscape
challenge to lushly plant in confined places as the water ride consists of
eight different scenes/events. Plant material such as cycad palms were
used to reflect plants that date back to the Jurassic period. Uniquely
distorted specimen trees and palms, as well as artificial silk plants, were
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
carol_macfarlane_urban_design.docx Page 3
CAROL SULLIVAN-MACFARLANE, ASLA
PRINCIPAL/DIRECTOR OF DESIGN
used to enhance the overall ride experience for the visitor and give the
modern day ride the authentic feeling of the past. Ms. Sullivan-
MacFarlane was the Project Principal at her previous firm who directed
the construction documentation, design and the implementation of
Jurassic Park - The Ride.
Design Guidelines: Banning Ranch – Newport Beach, CA
Fleming Ranch – Menifee, CA
Folsom Ranch – Folsom, CA
White Rock Springs Ranch – Folsom, CA
San Manuel Band of Mission Indians – Highland, CA
Tracy Hills – Tracy, CA
PROFESSIONAL HISTORY
FORMA, Costa Mesa, CA Principal / Director of Landscape Design
Lifescapes International, Newport
Beach, CA
Principal
QUALIFICATIONS AND EDUCATION
Bachelor of Science, Landscape
Architecture
California Polytechnic University, Pomona, CA
Bachelor of Arts, Design/Fine Arts UCLA
Pasadena Art Center / Scholarship Classes
PROFESSIONAL AFFILIATIONS
BIA – Building Industry Association Orange County and Riverside
ULI – Urban Land Institute, Orange County
ASLA – American Society of Landscape Architects
sTaTemenT of QualifiCaTions
richard_maxwell.docx
RICHARD MAXWELL, PROJECT MANAGER / DESIGNER
PROFESSIONAL EXPERIENCE
Richard Maxwell participates as a team member in all phases of the design and
construction documentation process. As a project manager, Richard ensures that
established project goals are achieved, including design integrity, budgetary constraints,
and project schedule. With over thirteen years experience, Richard’s knowledge of
indigenous and Mediterranean plant material has resulted in innovative sensory
experiences in the landscape.
Richard has successfully collaborated in the site planning and landscape design of a variety
of projects, including master planned communities, mixed-use developments, retail,
hospitality, public and private parks, and streetscapes.
Laguna Hills Urban Village
Laguna Hills, CA
City of Laguna Hills
Redevelopment of El Toro Road expansion with Community Identity
Monumentation and Landscape Amenities.
Rosedale - Sage Court and Gardenia
Azusa, CA
William Lyon Homes
Two Model Complexes, Recreation Area, Two Multi-Family Housing
Products, Wall and Fence plans.
Founder’s Walk / Buenaterra
Buena Park, CA
The Olson Company &
Taylor Woodrow Homes
Two distinct Multi-Family Housing Communities, including
Recreation Area with pool and spa, common area courtyards, alley,
streetscape and open space design.
Tetherwind at The Preserve
Chino, CA
SheaHomes
Multi-Family Housing Community, Model Complex, Recreation Area,
paseos, and passive parks.
Park District at Heritage Fields
Irvine, CA
Lennar
Master Planned Community with neighborhood parks, wildlife
corridor linkages, recreation centers, paseos, and streetscape.
El Paseo Revitalization
Palm Desert, CA
City of Palm Desert
Redevelopment of El Paseo with unifying streetscape identity,
custom shade canopies.
PROFESSIONAL HISTORY
FORMA, Costa Mesa, CA Landscape Architect
QUALIFICATIONS AND EDUCATION
Professional Certificate of Landscape
Architecture
University of California, Los Angeles, Extension
Certificate of Ornamental Horticulture Orange Coast College, Costa Mesa
Bachelors of Science, Business
Administration
California State University, Long Beach
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
tonjes_lora.docx
LORA TONJES – SENIOR PROJECT MANAGER
PROFESSIONAL EXPERIENCE
Lora Tonjes brings more than a decade of professional planning experience to FORMA. Her expertise is directed
toward planning and processing land entitlements in southern California. Ms. Tonjes’ responsibilities at FORMA
include Project Management for the preparation and processing of General Plan Amendments, Specific Plans,
Zoning Documentation and Environmental Mapping Coordination and Analysis. She also has extensive CAD and
GIS experience in site planning, opportunities and constraints analysis, data management and coordination.
Tejon Ranch Resource Mapping and GIS Data Base
Lebec/Kern County, CA
Tejon Ranch
Created GIS files identifying opportunities and
constraints for the entire Tejon Ranch. Worked with
management to set up GIS capabilities for an internal
GIS department at the Ranch.
Tejon Mountain Village Specific Plan and Special
Plan
Lebec/Kern County, CA
Tejon Ranch
Prepared all Land Use mapping data for use in
preparation of the Tejon Mountain Village Specific Plan
and Special Plan. Information was also utilized for
environmental review of the project.
Newhall Ranch Specific Plan
Los Angeles County, CA
Newhall Land and Farming
Prepared all GIS exhibits and reports for preparation of
entitlement documents. Coordinated with Civil
Engineer and Environmental Consultants for
preparation of Tract Maps and environmental
documentation.
Newport Banning Ranch Master Coastal
Development Plan and Planned Community
Program
Orange County, CA
Brooks Street
Prepared all GIS exhibits and reports for preparation of
all entitlement documents. Coordinated with Civil
Engineer and Environmental Consultants for
preparation of Tract Maps and environmental
documentation.
Travertine Point
Riverside/Imperial County, CA
Black Emerald LLC
Prepared GIS background mapping to identify potential
development areas and environmentally sensitive areas
designated for protection.
Rice Ranch
Santa Barbara County, CA
McCadden Development
Shea Homes
The largest planned community ever entitled in
environmentally demanding Santa Barbara County.
Prepared all GIS exhibits and reports for preparation of
entitlement documents.
Cloverdale Rancheria Resort and Casino
Sonoma County, CA
Cloverdale Rancheria of Pomo Indians
Prepared environmental mapping for tribe for use in
their resort and casino studies.
Treasure Island Treasure Island (Montage) Resort
Resource Management Program
Laguna Beach, CA
Treasure Island Associates
Prepared GIS and CAD documentation and assistance in
development of the Specific Plan for approval of the
former trailer park into the Montage Resort and
associated public spaces.
PROFESSIONAL HISTORY
FORMA, Costa Mesa, CA Senior Project Manager
QUALIFICATIONS AND EDUCATION
B.A. Social Ecology University of California Irvine
GIS Instructor-led and Web Training Courses ESRI
sTaTemenT of QualifiCaTions
36015 Glenoaks Road, Temecula, California 92592
(714) 665-8305; Cell (714) 287-7365
Email: greg.stoffel@yahoo.com
GREGORY STOFFEL & ASSOCIATES
Overview Of
Gregory Stoffel & Associates
Gregory Stoffel & Associates is a marketing services firm specializing in consulting services for
retail and commercial real estate development organizations, cities, and towns. The company has
provided services to many of the top real estate developers, community builders, retailers, and
entertainment companies on over 85 master-planned communities, towns and cities and more than
400 existing and planned retail, commercial, and entertainment-oriented developments throughout
the United States, Canada, Mexico, and Asia.
The firm's range of services includes:
Development strategies, demand analysis, sales projections, feasibility and tenant mix
recommendations for retail/commercial/entertainment developments
Retail development potential analysis and development strategies for master-planned
communities, cities and towns
Product and tenant mix planning and definition
Retail positioning studies
Leakage and cannibalization studies
Design, implementation, analysis and practical application of consumer research
Gregory Stoffel is principal of Gregory Stoffel & Associates. Greg has over thirty five years’
experience in retail, commercial, shopping center, entertainment and leisure-oriented projects. He
has a broad range of expertise in strategic market planning, market research, project concept and
feasibility.
Greg has completed assignments for most major shopping center developers and for entertainment
companies such as Walt Disney Imagineering and Universal Studios. In addition, he co-authored a
national study for the International Council of Shopping Centers (ICSC) which examined the impact
of movie theaters on regional shopping centers.
In addition, he has been retained to work on mixed use projects adjacent to stadiums and major
attractions including Petco Park, Qualcomm Stadium, LA Coliseum, Banc of California Stadium,
Coors Field, Levi’s Stadium, Indian Wells Tennis Garden, LA County Fair, Downtown Disney,
Universal City Walk, and Niagara Falls.
Prior to establishing the firm in 1988, Greg was Director of Marketing for The Irvine Company's
Retail Properties Division. In this position, Greg headed the company's in-house marketing
department which was responsible for determining market potential, timing, tenant mix, positioning,
and leasing promotion strategies for the company's thirty-plus existing and planned retail projects. In
addition, this department developed and implemented marketing, promotional, and advertising
programs for the company's existing portfolio of regional, community, and neighborhood shopping
centers. Prior to that, he was responsible for marketing the company’s existing office, industrial,
apartment, and marina properties.
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Ofc: 1001 Dove St, #260, Newport Beach CA 92660 | (949) 336‐5990 | jkain@urbanxroads.com
Main: 260 E. Baker St, #200, Costa Mesa CA 92626 | (949) 660‐1994 x211 | www.urbanxroads.com
>JOHN KAIN, AICP
PRINCIPAL, URBAN CROSSROADS, INC.
jkain@urbanxroads.com
BACKGROUND
Founding partner John Kain is a transportation planner who is particularly skilled at the integration of traffic projections with
meaningful designs that improve elements of the built environment and expand our mobility choices. Mr. Kain’s 40 years of
professional experience stretches through the spectrum of transportation domains. These include plans for new communities,
City General Plan mobility/circulation elements, traffic impact analyses, regional and local funding programs, transit station area
designs, accommodations for pedestrians and bicyclists, shared parking studies, roundabout scaled concept plans, and
implementation of “complete streets” strategies. Mr. Kain is a Fellow in the Institute of Transportation Engineers.
EDUCATION
M.S. – Administration
(Transportation Systems Management)
University of California, Irvine 1977
B.A. - Social Ecology
University of California, Irvine 1975
PROFESSIONAL CERTIFICATIONS
AICP (American Institute of Certified Planners)
American Planning Association 1983
Instructor Credential - Public Services &
Administration
Cal. Comm. Colleges 1981
Management of Transportation Programs
University of California, Irvine 1981
AFFILIATIONS
ITE Institute of Trans. Engineers
ULI Urban Land Institute
LAI Lambda Alpha International
SELECTED AWARDS
AEP Environmental Analysis Merit Award 2018
(CV Link Multi-Modal Transportation Project)
PCBC Best On The Boards Site Plan 2017
(Liberty Project, West Sacramento)
ULI Best of the Best - Vision Award 2011
(WRCOG, 4-City NEV Plan)
APA Comprehensive Planning Award 1999
(ETRPA, El Toro Base Reuse Plan)
SELECTED PROJECT EXPERIENCE
Great Park Neighborhoods / Heritage Fields
City of Irvine Ongoing
Nakase Nursery – Mobility Study/Area Plan Network
City of Lake Forest On-going
Pomona Gold Line Station Parking and Access
City of Pomona • On-going
2700 North Main Mixed Use – Traffic Impact Analysis
City of Santa Ana • 2017
Mission Gateway Plaza & Villas – Traffic Impact Analysis
City of Jurupa Valley 2017
FivePoint Amphitheatre – Event Parking and Access
City of Irvine 2017
CV Link Transportation Analysis
Coachella Valley • 2017
Life Time Fitness – Traffic and Parking Assessments
City of San Clemente 2017
Liberty Project - Sustainable Mobility Plans
City of West Sacramento 2016
Canyon Springs Healthcare Campus & Senior Living
City of Riverside 2015
Arantine Hills – Impact Analysis/Roundabout Designs
City of Corona 2015
Mesa Verde Estates – Circulation Phasing
City of Calimesa 2015
Newport Beach General Plan Update Traffic Projections
City of Newport Beach 2014
The Preserve at San Juan
Orange County 2014
Athens Materials Recovery Facility & Transfer Station
City of Irwindale 2014
sTaTemenT of QualifiCaTions
Ofc: 1001 Dove St, #260, Newport Beach CA 92660 | (949) 336‐5991 | mwhiteman@urbanxroads.com
Main: 260 E. Baker St, #200, Costa Mesa CA 92626 | (949) 660‐1994 x208 | www.urbanxroads.com
>MARLIE WHITEMAN, P.E.
SENIOR ASSOCIATE, URBAN CROSSROADS, INC.
mwhiteman@urbanxroads.com
BACKGROUND
Senior Associate Marlie Whiteman, P.E., is a transportation engineer with over 20 years of full time consulting experience in
travel demand forecasting, traffic impact analysis, and mobility assessments. She is a recognized transportation modeling
expert, with strengths in model data development, consistency, validation, preparation of future forecasts, post-processing, as
well as circulation planning, parking evaluations and access studies. Ms. Whiteman’s hands-on capabilities include the use of
various modeling software packages, such as TransCAD, Cube, and Tranplan. She earned a Bachelor of Science degree in Civil
Engineering from the University of California, Irvine.
EDUCATION
B.S. – Civil Engineering
University of California, Irvine 1996
REGISTRATIONS
PE Registered Professional Traffic Engineer – TR
2186 2003
AFFILIATIONS
OCTEC Orange County Traffic Engineering Council
APA American Planning Association
ITE Institute of Transportation Engineers
SELECTED ACCOMPLISHMENTS
AEP Environmental Analysis Merit Award 2018
(CV Link Multi-Modal Transportation Project)
APA National Planning Achievement Award and
Orange County Award of Merit 2008
(Newport Beach General Plan)
Student chapter treasurer, vice president, &
president, in succession 1992-1996
(American Society of Civil Engineers at UCI)
SELECTED PROJECT EXPERIENCE
Pomona Gold Line Station Parking and Access
City of Pomona Ongoing
Great Park Neighborhoods Transportation Analyses
City of Irvine On-going
CV Link Transportation Analysis
Coachella Valley 2017
FivePoint Amphitheatre – Traffic/Parking Management
City of Irvine 2017
Ocean Breeze Senior Community - Parking and Access
City of Huntington Beach 2017
Travertine La Quinta Transportation Analysis
City of La Quinta 2017
Jeronimo Road Office and Warehouse Sites
City of Irvine 2016
Pepper Avenue Specific Plan TIA
City of Fontana 2015
Athens-Irwindale MRF and Transfer Station TIA
City of Irwindale 2015
Newport Beach Traffic Modeling Support
City of Newport Beach On-going
Lake Elsinore General Plan Traffic Modeling
City of Lake Elsinore On-going
Moreno Valley General Plan Traffic Modeling
City of Moreno Valley 2014
Rancho Santa Margarita General Plan Traffic Modeling
City of Rancho Santa Margarita 2014
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
STEVE ELLIS, PE
TITLE Principal | OFFICE Ontario, CA
Steve is a Fuscoe Engineering Principal and the Regional Director in charge of overseeing Fuscoe’s Inland
Empire office, located in Ontario. He has over 30 years of civil engineering experience throughout Southern
California with both public and private projects.
Steve’s public and institutional project work experience includes Kaiser Permanente South Bay Replacement
Hospital, Kaiser Permanente Santa Clarita Medical Office Building, City of Moreno Valley Conference and
Recreation Center, Los Angeles Community Development Commission’s Whittier Liberty Community Plaza
Center and El Paseo Revitalization project in Palm Desert. Additionally, under Steve’s management, the
Inland Empire office has completed work on over 100 schools throughout Orange County, Riverside and
San Bernardino counties, including Kordyak Elementary School in Fontana, Foothill High School Aquatic
Center and Modernization in Tustin; Chaffey College Business Administration and Omnitrans Center; Alta
Loma School District Support Center; and Citrus Continuation High School in Fontana, among many others.
Steve also has extensive experience with office building/commercial projects, including Vineyard Business
Center in Rancho Cucamonga; Bonita Canyon Gateway; Costco Wholesale, Inc.; Wickes Furniture; Vantage
Point Church in Eastvale; General Assembly Church in Moreno Valley; and Sportsman’s Warehouse, among
others. His experience in residential work includes Green Door at Edenglen for Brookfield homes and Grand
Pork in Ontario for Distinguished Homes. In addition, Steve has worked on large master plans, including
the New Model Colony in Ontario.
Steve’s years of engineering experience, coupled with a broad knowledge of project goals and execution,
are strong individual assets. He possesses excellent interpersonal skills and coordinates project requirements
easily with both clients and public agencies. Steve has the ability to handle multiple projects successfully,
and his commitment to project goals and budgeting results in overwhelming client satisfaction.
EDUCATION
BS, Civil Engineering
California Polytechnical Institute, Pomona
REGISTRATIONS/CERTIFICATIONS
PE, 1992 - CA #47255
FEI TEAM MEMBER SINCE 1998
FEI PRINCIPAL SINCE 2007
sTaTemenT of QualifiCaTions
IAN ADAM, MESM, CPSWQ, QSD
TITLE Principal/Stormwater Manager | OFFICE Irvine, CA
Ian is a firm Principal and Fuscoe’s Stormwater Management team leader. His specialty is water
resources, with an emphasis in water quality regulations and Resource Agency interaction. He has
extensive research and assessment skills garnered from his studies at the Donald Bren School of
Environmental Science and Management at UC Santa Barbara. Ian’s research included watershed
modeling for TMDLs within the Santa Ana River Watershed. Since joining Fuscoe in 2001, Ian
has also worked extensively with the University of California, Santa Barbara (UCSB) on various
development projects involving compliance with water quality treatment requirements.
Ian’s extensive knowledge of stormwater regulations and water quality BMP design has made him
a valuable resource for cities, private developers and public entities. Ian is currently working as
the stormwater consultant to several cities in Orange County for the development, implementation
and training of numerous stormwater programs. He is also serving as the lead water quality
design consultant for Del Mar Fairgrounds and regularly interacts with the RWQCB and County
of Orange on water quality permitting issues, grant opportunities and LID solutions. Ian has also
worked on several individual permits in San Diego, Orange and LA County coordinating directly
with the various Regional Water Quality Control Boards (RWQCB) staff on TMDL implementation,
receiving water limitations, high flood flow exemptions and monitoring protocols. Ian also serves
as a technical water quality resource for animal operations that include confined animal facilities.
Ian’s technical background in water quality combined with his engineering and regulatory
experience at FEI provides clients with a uniquely trained individual to work with stakeholders,
regulatory agencies and other consultants. Ian’s technical background has also included work on
over 50 EIRs, General Plans and Specific Plans, and he has become highly proficient in producing
CEQA technical reports covering hydrology, water quality, infrastructure and sea level rise.
EDUCATION
MESM, Master of Environmental Science and Management
Donald Bren School of Environmental Science and Management
University of California, Santa Barbara
BS, Science - Ecology and Systematic Biology
University of California, Santa Barbara
REGISTRATIONS/CERTIFICATIONS
Certified Professional in Stormwater Quality (CPSWQ)
QSD / QSP Certified
AFFILIATIONS
BIA/Orange County
National Association of Environmental Professionals
Urban land Institute
U.S. Green Building Council
FEI TEAM MEMBER SINCE 2001
FEI PRINCIPAL SINCE 2011
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
STEVE ELLIS, PE
TITLE Principal | OFFICE Ontario, CA
Steve is a Fuscoe Engineering Principal and the Regional Director in charge of overseeing Fuscoe’s Inland
Empire office, located in Ontario. He has over 30 years of civil engineering experience throughout Southern
California with both public and private projects.
Steve’s public and institutional project work experience includes Kaiser Permanente South Bay Replacement
Hospital, Kaiser Permanente Santa Clarita Medical Office Building, City of Moreno Valley Conference and
Recreation Center, Los Angeles Community Development Commission’s Whittier Liberty Community Plaza
Center and El Paseo Revitalization project in Palm Desert. Additionally, under Steve’s management, the
Inland Empire office has completed work on over 100 schools throughout Orange County, Riverside and
San Bernardino counties, including Kordyak Elementary School in Fontana, Foothill High School Aquatic
Center and Modernization in Tustin; Chaffey College Business Administration and Omnitrans Center; Alta
Loma School District Support Center; and Citrus Continuation High School in Fontana, among many others.
Steve also has extensive experience with office building/commercial projects, including Vineyard Business
Center in Rancho Cucamonga; Bonita Canyon Gateway; Costco Wholesale, Inc.; Wickes Furniture; Vantage
Point Church in Eastvale; General Assembly Church in Moreno Valley; and Sportsman’s Warehouse, among
others. His experience in residential work includes Green Door at Edenglen for Brookfield homes and Grand
Pork in Ontario for Distinguished Homes. In addition, Steve has worked on large master plans, including
the New Model Colony in Ontario.
Steve’s years of engineering experience, coupled with a broad knowledge of project goals and execution,
are strong individual assets. He possesses excellent interpersonal skills and coordinates project requirements
easily with both clients and public agencies. Steve has the ability to handle multiple projects successfully,
and his commitment to project goals and budgeting results in overwhelming client satisfaction.
EDUCATION
BS, Civil Engineering
California Polytechnical Institute, Pomona
REGISTRATIONS/CERTIFICATIONS
PE, 1992 - CA #47255
FEI TEAM MEMBER SINCE 1998
FEI PRINCIPAL SINCE 2007
sTaTemenT of QualifiCaTions
30 THREE SIXTY PUBLIC FINANCE
MITCH MOSESMAN has thirty years of experience in the field of public finance. He specializes in the
development, establishment, and implementation of land-secured and tax increment financing
plans to fund public infrastructure. These financing plans have centered around community
facilities and assessment districts in California, special service and special assessment areas in
Illinois, and public improvement districts in New Mexico and Texas. Mr. Mosesman is also intimately
familiar with Property Assessed Clean Energy (PACE) programs having been instrumental in the
development and implementation of assessment servicing software and other analytical models for
his previous employer.
Mr. Mosesman has found that the common thread in his work is that every engagement is unique,
and care must be taken to craft the optimal financing plan for each assignment. Consequently,
Mr. Mosesman has experience with a wide variety of financing structures, including fixed and
variable rate bonds, senior and subordinate debt tranches, programs that contemplate single
to multiple series of parity bonds, and programs that contemplate a combination of direct-pay
reimbursements, notes, and bonded debt.
Mr. Mosesman’s speaking engagements have included Urban Land Institute, Bond Buyer, and
California Department of Real Estate seminars and conferences. Mr. Mosesman holds a B.A. degree
from Claremont McKenna College in mathematics and economics.
PATRICK A. GIBBONS has more than twenty-five years of experience in public finance and the
real estate industry, with an emphasis on the acquisition and management of large-scale land
development projects and other complex investments throughout the United States. Since 1991, he
has advised on the evaluation, acquisition, financing, entitlement and/or disposition of more than
60,000 residential lots and 40 million square feet of commercial property. In addition, since 2010,
Mr. Gibbons has been involved in the underwriting and disposition of more than $1.0 billion (UPB) of
distressed debt secured by a broad spectrum of commercial real estate types, representing both
buyers and sellers.
Mr. Gibbons has also advised on the formation of numerous land-secured bond transactions,
including the underwriting and issuance of more than $750 million of municipal bonds. Of particular
note, Mr. Gibbons was retained by the United States Securities and Exchange Commission to
provide expert witness services in its successful pursuit of (i) civil fraud charges against Pacific
Genesis Group and its individual principals related to the issuance of eight (8) series of land-
secured municipal bonds with a total face amount in excess of $60 million purportedly secured by
assessments on portions of the proposed Rancho Lucerne master-planned community located east
of Apple Valley, CA and (ii) civil charges against various professionals held partly culpable for the
default of bonds issued by County of Nevada Community Facilities District No. 1991-1.
Duties in the former expert witness assignment included the preparation of a feasibility analysis
of the development project, as well as an evaluation of the value of the actual security offered
bondholders via a complicated, overlapping lien scheme. Duties in the latter expert witness
assignment included the evaluation of bond structuring and reimbursement terms in the context
of the developer’s business plan to determine the feasibility of the project’s overall financing
structure and identify and quantify any gaps in that financing that might manifest themselves under
reasonable circumstances.
Mr. Gibbons received his B.A. in Economics from New York University.
sTaTemenT of QualifiCaTions
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
REAL ESTATE ADVISORS
AUSTIN | LOS ANGELES | ORLANDO | WASHINGTON, DC
11601 WILSHIRE BOULEVARD, SUITE 1650, LOS ANGELES, CA 90025 P: (310) 914-1800 W: RCLCO.COM
ROBERT GARDNER
MANAGING DIRECTOR
P: (310-203-3029 | E: BGARDNER@RCLCO.COM | W: RCLCO.COM/BOB-GARDNER
Based in the RCLCO Los Angeles, CA office, Bob specializes in residential, commercial, economic,
and litigation support assignments dealing with market evaluation, market positioning, economic
base assessment, financial feasibility, and fiscal implications of real estate projects. He has over 40
years of experience, of which over 30 are at RCLCO.
Bob’s experience provides an outstanding match with respect to TOD corridor analysis where the
results of these efforts underpin strategic planning and/or project planning goals for public and
private clients. RCLCO is very active in urban infill development and economic development, and Bob
manages those assignments. In Downtown LA he has conducted market research for most of the new
and adaptive reuse condominium developments. In LA and Orange Counties, he headed up market
analyses on virtually all the significant mid- and high-rise luxury condominiums for the region’s most
prominent developers. Bob manages all public sector engagements in the LA region, covering market
analysis, financial feasibility, consumer research, and fiscal impact.
He is active with ULI’s LA District Council, serving on the District’s Management Committee and co-
chair of the Technical Assistance Panel Committee. He is a Board member of Community Corporation
of Santa Monica and served on the Board of Directors of the LA Headquarters Association, National
Association of Industrial and Office Parks/LA Chapter and Westside Urban Forum. Bob holds a
Masters in City and Regional Planning from U.C. Berkeley and a Bachelors in Economics from UCLA.
Sample Project Experience:
»UNION STATION MASTER PLANNING MARKET ANALYSIS; Project Director: Economic and
Market Analysis for Current Conditions of Residential, Office, Retail, and Hospitality Sectors;
Forecasted Demand for Land Use Envisioning Site Build-Out for Master Planning at Union
Station; Los Angeles, California
»UNIVERSITY OF SOUTHERN CALIFORNIA; Project Director: Market Depth, Absorption, and
Pricing of Proposed Graduate Student Housing at University Village, University of Southern
California; Los Angeles, California
»RECENT CLIENTS:
»AECOM Capital
»Brookfield
»Carmel Partners
»City Century
»CSU Dominguez Hills
»Douglas Wilson Companies
»Intracorp
»JMB Realty
»Kennedy Wilson Mutifamily
»Lennar West
»Marina Admiralty Corporation
»Mill Creek Residential Trust, LLC
»Next Century Associates
»Regency Centers
Education
U.C. Berkeley
University of California,
Los Angeles
Affiliations
Community Corporation
of Santa Monica
Urban Land Institute
sTaTemenT of QualifiCaTions
AUSTIN | LOS ANGELES | ORLANDO | WASHINGTON, DC
11601 WILSHIRE BOULEVARD, SUITE 1650, LOS ANGELES, CA 90025 P: (310) 914-1800 W: RCLCO.COM
REAL ESTATE ADVISORS
Education
University of California,
Irvine
Claremont Colleges
Affiliations
Building Industry
Association
Urban Land Institute
Recent Speaking
Engagements
Southern California
Leads Group: West
Coast Opportunities
for Community and
Resort Development
LORRY LYNN
PRINCIPAL
P: (310) 857-6778 | E: LLYNN@RCLCO.COM | W: RCLCO.COM/LORRY-LYNN
Lorry, a Principal based out of Orange County, California, manages residential advisory services in the
West Coast. She provides advice to homebuilders, developers, land owners, and investors seeking
acquisition, development, investment, and/or planning advice regarding their overall real estate
portfolio as well as their site specific developments.
Lorry’s work focuses on providing strategic guidance for master-planned communities, mixed-use
developments, resorts, in-fill and reuse opportunities through highest and best use analyses, market
opportunity analyses, market and product segmentation analyses, consumer research, financial
analyses, and overall feasibility analysis. Her extensive experience in leadership, operations,
data management, product development, sales, and marketing enable her to approach advisory
assignments with a holistic perspective.
Prior to joining RCLCO, Lorry’s professional career includes over 20 years of experience in real estate
consulting and business management. She served as President and Managing Principal with Meyers
Group for 15 years and as Chief Operating Officer at Hanley Wood Market Intelligences for five years.
Most recently, she successfully owned and operated a boutique consulting firm, Market Strategy
Advisors, where much of her work was concentrated on becoming a task force member in the
identification and implementation of corporate strategic initiatives and as an extended team member
in the acquisition, planning, and disposition of residential and resort community development.
Lorry received a Master’s of Business Administration from the University of California, Irvine and a
Bachelor of Science in International Business from the Claremont Colleges. She is an active member
of the Urban Land Institute and Building Industry Association, and has been a guest speaker/lecturer
at numerous real estate industry events.
Sample Project Experience:
»CITY OF HUNTINGTON BEACH SCHOOL DISTRICT: Project Director; Market Feasibility for a
Repurposed School Site; Huntington Beach, California
»BROOKFIELD HOMES; Project Director: Pricing Strategy for a Multi-Building, Multi-Family
Development; Anaheim, California
»PINNACLE RESIDENTIAL; Project Director: Pricing Strategy for a Small Lot Ordinance
Development; Costa Mesa, California
»SANTA ANA LOFTS, LLC; Project Director: Market Feasibility for Micro-Lofts in a Repurposed
Mid-Rise Office Building; Santa Ana, California
»MEADOWS ASSET MANAGEMENT; Project Director: Market Feasibility for a Residential
Development and On-Going Project Management; Newport Beach, California
»VENTUS GROUP; Project Director: Apartment Pricing Strategy for a Multi-Family
Development; Los Angeles, California
»WOODBRIDGE PACIFIC; Project Director: Market Feasibility Analysis for an In-Fill Master
Planned Development; Huntington Beach, California
»BEAZER HOMES; Project Director: Market Feasibility Analysis and City Council Presentation
for a Planned Residential Development; La Quinta, California
»SPECTRUM GROUP; Project Director: Pricing Strategy for a Live/Work Loft Project; Costa
Mesa, California
10
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Below is a discussion of the FORMA Team’s understanding of the project area and the City’s
request, along with a discussion of our approach in preparing the Highway 111 Corridor Area Plan.
1. UNDERSTANDING OF THE PROJECT
The Highway 111 Corridor is a highway-oriented retail district that provides over 70 percent of the
tax revenue for the City of La Quinta and serves as a gateway into the town. The corridor currently
contains a mixture of commercial uses, automotive dealers, movie theaters, and vacant lots.
As with retail centers across the country, brick and mortar stores are facing increasing competition
from internet shopping. The Highway 111 Corridor, is no different, and has recently seen Sam’s Club
cease operations. Also, traditional strip centers are not as viable in today’s market as they have
been in the past.
The existing corridor has not been designed to reflect current transportation opportunities, including,
Uber/Lyft service, autonomous vehicles, bike and scooter rentals, and connection to the new
Coachella Valley Link to the north.
Our team understands the Key Goals for the City within the Corridor are:
• Keep existing businesses viable,
• Look for future opportunities for enhancing tax revenue,
• Branding the Corridor as a Destination,
• Create Lifestyle Districts that contain mixed uses and are pedestrian oriented, and
• Enhance the Corridor to appeal to residents and visitors alike.
2. ULI STUDY
In the spring of 2018 the City engaged the services of the Urban Land Institute (ULI) to prepare a
study to make recommendations for the Highway 111 Corridor planning efforts. The ULI Technical
Assistance Panel completed the Corridor Study in July of 2018, and one of the recommendations of
the Study was to prepare an Area Plan.
3. FORMA TEAM APPROACH
Our approach in preparing the Highway 111 Corridor Area Plan is as follows;
• Start with the ULI Corridor Study and create a baseline of data, including current market
information, vehicular, pedestrian and transit ridership, infrastructure analysis, and existing
codes, regulations and guidelines,
• Evaluate the City of La Quinta’s position in the retail and dining environment of the Inland
Empire and Coachella Valley,
• Enhancement of Highway 111 and major cross streets as Complete Streets,
• Create an overall brand for the Corridor that unifies the character, design, and landscape, and
• Lay the foundation for the creation of the three districts described in the ULI Study; Arts and
Entertainment, Retail and Recreation, and Hospitality and Mixed Use, to create lifestyle
destinations for residents and visitors to the City of La Quinta.
11
ProjeCT undersTanding and aPProaCh
4. OPTIONAL TASKS
We are proposing two Optional Tasks that were not part of the City’s RFP, but we feel are beneficial
for the future success of the Highway 111 Corridor.
• District Case Studies – We recommend a case study approach to support the City in
understanding the opportunities and challenges to the redevelopment plan, especially of this
quality and level of execution.
• General Fund Fiscal and Economic Impact Analysis – The Fiscal Impact Analysis refers to the
impact of the proposed development on the City’s General Fund.
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
SAMPLES OF SIMILAR WORK
GOVERNMENTSERVICES
[planning] [landscape architecture] [sustainable solutions] [regulatory services] [GIS] [visualizations and presentations]
www.formacompanies.com
PLANNING
Land Use | Site Planning | Urban Design | Specifi c Plans | Redevelopment Strategies
LANDSCAPEARCHITECTURE
Streetscape | Park and Recreation Design | Design Guidelines | Habitat Restoration Plans | Construction Services
REGULATORYSERVICES
General Plans | Zoning | Coastal Permitting | Community Outreach | Contract Planning
SUSTAINABLESOLUTIONS
Energy | Globe Climate Change | Sustainable Planning | Optimization | Implementation Strategies
GIS
Data Assessment | Environmental Analysis | Viewshed Analysis | GIS Deployment | System Implementation
VISUALIZATIONPRESENTATIONS
3D Simulation | Digital Models | Animation | Web Services | Multimedia Presentations
After
Digital Rendering and Animation
Before
ProjeCT undersTanding and aPProaCh
Land Management
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Community Planning•Landscape Architecture•Entitlements
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Design in
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Coachella Valley
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Existing buildings will utilize photographs
ProjeCT undersTanding and aPProaCh
Laguna Hills Civic Center and Urban VillageLaguna Hills, CaliforniaCivic Center and Streetscape RevitalizationBeforeAfter - Visual SimulationEl Toro Road Median - TodayBeforeBus Shelter ConceptMedian Monument DetailMedian MonumentationConceptual Site PlanGateway MonumentLaguna Hills Civic Center Corner Gateway Monument ConceptLaguna Hills Civic Center
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
ProjeCT undersTanding and aPProaCh
GREGORY STOFFEL & ASSOCIATES
Master-Planned Community Retail Demand Analysis
and Retail Development Strategies Produced
The following list includes many of the master-planned communities for which Stoffel & Associates has
conducted retail development potential analysis and development strategies.
Banning Lewis Ranch, Colorado Springs, CO
Bel Lago, Moreno Valley, CA
Bexley, Land O’ Lakes, FL
Centerra, Loveland, CO
Chino Preserve, Chino, CA
City in the Hills, Bakersfield, CA
Cliffs Edge, Las Vegas, NV
Coyote Springs, Las Vegas, NV
Crystal Cove, Corona del Mar, CA
East Orange, CA
Eastmark, Mesa, AZ
El Rancho San Benito, Hollister, CA
Ellis, Tracy, CA
Embrey Mill, Stafford, VA
Empire Lakes, Rancho Cucamonga, CA
Town of Erie, CO
Estrella, Goodyear, AZ
General Motors Proving Grounds, Mesa, AZ
Great Park Neighborhoods (Heritage Fields), Irvine, CA
Harmony Planned Community, Highland, CA
Hercules, CA
Hualalai, Hawaii
Hollywood Park, Inglewood, CA
Hughes Fullerton Campus, (Amerige Heights), Fullerton, CA
Irvine, CA (South Irvine, Shady Canyon, Bommer Canyon, Oak Creek, Quail Hill, Westpark,
Northpark, Northern Protocol, Orchard Hills, Portola Springs, Quail Hill, Woodbury, etc.)
Kiley Ranch, Sparks, NV
Kyle Canyon, Las Vegas, NV
La Floresta, Brea, CA
Ladera Ranch, Orange County, CA
Laguna Ridge, Elk Grove, CA
Lytle Creek/Sycamore Flats, San Bernardino County, CA
Marblehead, San Clemente, CA
Mountain Park, Anaheim Hills, CA
Mountains Edge, Las Vegas, NV
Newhall Ranch, Santa Clarita Valley, CA
Newport Banning Ranch, Newport Beach, CA
Newport Coast, CA
Nexton, Summerville (Charleston), SC
Parker, CO
Playa Vista, Los Angeles, CA
Provenance, Henderson, NV
Rancho Cielo, Rancho Santa Fe, CA
Rancho Las Flores, Hesperia, CA
Rancho Mission Viejo, CA
Rancho Santa Margarita, CA
Reed’s Crossing, Hillsboro, OR
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
GREGORY STOFFEL & ASSOCIATES
Master-Planned Community Retail Demand and Strategy Analysis (cont.)
Rialto Renaissance, Rialto, CA
Ridgegate East, Parker, CO
River Ranch, Rio Mesa, Gunner Ranch, and Kesterson Ranch Specific Plans, Fresno, CA
Rosedale Planned Community, Azusa, CA
San Elijo Hills, Carlsbad, CA
Santiago Hills, Orange, CA
Seabridge, Oxnard, CA
Sendero Pass, Tucson, AZ
Seralago, Kissimmee, FL
Sienna Plantation, Missouri City, TX
Sonterra, Fernley, NV
Southedge, Henderson, NV
South Waterfront District, Portland, OR
Southwest Village – Southport, West Sacramento, CA
St. George, UT (various)
Summerlin, Las Vegas, NV
Talega, San Clemente, CA
Tehaleh, Bonney Lake, WA
Tejon Mountain Village, Lebec, CA
The Preserve, Chino, CA
The Ranch Plan, San Juan Capistrano, CA
Traditions, Dayton, NV
Tustin Legacy, CA
Tustin Ranch, CA
University Community Plan, UC Merced, CA
Valencia, CA
Verrado, Buckeye, AZ
Viridian, Arlington, TX
Waterset, Apollo Beach, FL
Wolf Ranch, Colorado Springs, CO
Woodforest, Montgomery, TX
Town Center, Urban, and/or Mixed Use Project Assignments
The following projects incorporate various elements of town center, urban and mixed use development. Some
have been developed and others are in various stages of entitlement.
Aliso Viejo, CA Aliso Viejo Town Center Expansion
Buckeye, AZ Verrado Mixed-Use Business Core
Burbank, CA Business District Retail
Carlsbad, CA San Elijo Hills Town Center
Cerritos, CA Mixed-Use Town Center
Chicago, IL Planned Activity Center Near Downtown
Clovis, CA Planned Mixed-Use Town Center
Colorado Springs, CO Downtown Re-Positioning, Mixed-Use
Colorado Springs, CO First & Main Town Center
Costa Mesa, CA South Coast Town Center
Culver City, CA Mixed-Use Project
Dallas, TX Downtown Mixed-Use Project
Dayton, NV Planned Mixed-Use Town Center
ProjeCT undersTanding and aPProaCh
GREGORY STOFFEL & ASSOCIATES
Town Center, Urban, and/or Mixed Use Project Assignments (cont.)
Denver, CO Lower Downtown Mixed-Use
Elk Grove, CA Planned Mixed-Use Urban Core
El Monte, CA Retail Impact Analysis
Fresno, CA Downtown Fulton Street
Fullerton, CA Amerige Heights Town Center
Glendale, CA Business District Retail
Glendale, CO Planned Town Center
Henderson, NV Planned Provenance Mixed-Use Urban Core
Honolulu, HI Planned Mixed Use Project
Houston, TX Business District Retail
Inglewood, CA Planned Mixed-Use Town Center
Irvine, CA Planned Mixed-Use Town Center
Jakarta, Indonesia Planned Activity Center
Ladera Ranch, CA Mixed-Use Town Center
Las Vegas, NV Planned Urban Town Center
London, England Canary Wharf District
Long Beach, CA Downtown Mixed-Use
Los Angeles, CA Mixed-Use Business Center
Los Angeles, CA Mixed Use Village
Marina Del Rey, CA Planned Mixed Use Project
Merced, CA Planned Mixed-Use Town Center
Monrovia, CA Planned Mixed-Use Urban Core
Newhall Ranch, CA Planned Mesas East Mixed-Use Urban Core
Oahu, HI Planned Town Center
Orange, CA Old Towne Orange
Orlando, FL Church St./Orange Ave, Downtown
Oxnard, CA Planned Mixed-Use Water-Oriented Town Center
Palm Desert, CA El Paseo Retail/Dining District
Parker, CO Retail Opportunities For Mainstreet Parker
Playa Vista, CA Planned Mixed-Use Urban Core
Raleigh, NC Planned Mixed-Use Urban Core
Rancho S. Margarita, CA Town Center
Reno/Sparks, NV Urban Mixed-Use Town Center
Riverside, CA Planned Mixed-Use Town Center
San Antonio, TX Planned Mixed-Use Urban Center
San Fernando, CA Downtown District
San Diego, CA Downtown Gaslamp Mixed-Use Project
San Diego, CA Mixed-Use Town Center
San Diego, CA University Towne Centre
San Francisco, CA Downtown Mixed-Use Center
San Ramon, CA Planned City Center
Santa Clarita, CA Mixed-Use Town Center
Scottsdale, AZ Planned Mixed-Use Urban Core
Silverthorne, CO Planned Mixed-Use Town Center
Singapore Planned Urban Village
Tempe, AZ Mixed Use Project Repositioning
Tustin, CA Planned Urban Village
Toronto, Canada Downtown Activity Center
Valencia, CA Planned Mixed-Use Town Center
Valencia, CA Town Center Drive, CA
West Sacramento, CA Planned Mixed-Use Town Center
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
GREGORY STOFFEL & ASSOCIATES
Town Center, Urban, and/or Mixed Use Project Assignments (cont.)
Westlake Village, CA Town Center Redevelopment
Westminster, CO Orchard Town Center
Westminster, CO Westminster Downtown
Woodinville, WA Planned Mixed Use Project
Retailer-Specific Presentations, Reports and Analysis Produced
On Behalf Of Retail Developer/Owner Clients (Partial List)
General Merchandise
Bloomingdale's
Costco
Dillard's
Kmart
Kohl’s
Macy's
Nordstrom
Saks Fifth Avenue
Target
Von Mauer
Wal-Mart
Apparel/Discount Apparel
Eddie Bauer
The Limited
Marshall's
Nordstrom Rack
Old Navy
Polo
Ross Dress For Less
Steinmart
Talbots
T.J. Maxx
Uniqlo
Books & Music
Barnes & Noble
Electronics/Gifts
Best Buy
Fry's Electronics
Radio Shack
Toys 'R Us
Pets
Petco
Petsmart
Cinemas/Entertainment
AMC Entertainment
Cinemark
Cirque du Soleil
Dave & Busters
Discovery Zone
Disney Entertainment
ESPN Zone
Krikorian Premier Theaters
Regal/Edwards Cinemas
Sporting Goods
Big 5 Sporting Goods
Dick's Sporting Goods
REI
Scheel’s
Home Improvement
Ace Hardware
Home Depot
Lowe's Home Improvement
Orchard Supply Hardware
True Value Hardware
Home Furnishings
Bed, Bath & Beyond
IKEA
Markets/Grocery
99 Ranch Market
Albertson's
Bristol Farms
Pavilions
Ralphs
Smart & Final
Sprout’s Farmers Market
Trader Joe's
Vons
Whole Foods
Restaurants (Partial)
California Pizza Kitchen
Carl's Jr.
Cheesecake Factory
Chevy's
Crab Cooker
El Pollo Loco
Houston's
Island's
McDonald's
Mimi's Café
P.F. Chang’s
Rock Bottom
Ruby's Cafe
Scott's Seafood
Taco Bell
Wolfgang Puck
Yard House
Automotive
Chevron Oil Company
Econo Lube 'N Tune
Mobil Oil Company
Pep Boys
Shell Oil Company
ProjeCT undersTanding and aPProaCh
EL PASEO PALM DESERT
REDEVELOPMENT
LOCATION Palm Desert, CA | CLIENT FORMA for the City of Palm Desert
The revitalization of El Paseo has dynamically upgraded the city’s premier
shopping district - and sales tax generator - at street level. The revitalization
design included installation of signs on Highway 74 directing visitors to the
street. Project work included reconstruction of intersections on El Paseo with
“bulb-outs,” which extend the current sidewalks about eight feet into the street
on each side. The bulb-outs create mini-plazas for pedestrians. Additionally, an
underground storm drainage system was built at each intersection, eliminating
standing water or water running through existing cross gutters. Medians were
widened to accommodate traffic U-turns at the middle of the street instead of at
intersections. Six shade structures provide seating and night lighting, public art
pads were rebuilt and three computerized information kiosks were added to help
visitors find specific amenities. The project also included analysis of nearly four
miles of sidewalk to ensure compliance with ADA requirements, with redesign
as necessary. Fuscoe’s project work entailed street intersection design, storm
drainage system design, and signing and striping for Highway 111 and El Paseo
(East and West).
STATUS Cmpleted
CONTACT Carol MacFarlane | 714.673.6200
north view down El Paseo Dr.
north view along El Paseo Dr. view of signage and median treatment
ProjeCT undersTanding and aPProaCh
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
SAMPLE CORRIDOR CONSULTING EXPERIENCE
ALPERT COMPANIES
Preliminary For-Sale Housing Market Overview and E-470 Corridor Capture Potential; Denver, Colorado
BLACKPOINT PARTNERS
Strategic Market Analysis for Mixed-Use or Multiuse Residential and Retail Development at 5401 North Master-Planned Community; Raleigh, North
Carolina
BOZZUTO DEVELOPMENT COMPANY
Rental Apartment Market Analysis and Strategic Development Recommendations for the Rental Apartment Community; Raleigh, North Carolina
Update for Rental Apartment Market Analysis and Strategic Development Recommendations for the Rental Apartment Community; Raleigh, North
Carolina
BROADDUS & ASSOCIATES
University of North Texas for the UNT IH-35E Corridor Land Use Study; Denton, Texas
CARLINO DEVELOPMENT GROUP, LLC
Area Retail Opportunity Analysis; Reading Pennsylvania
CENTENNIAL CAMPUS DEVELOPMENT OFFICE
Strategic Retail, Office and Residential Development Opportunity Analysis for a Mixed-Use Project at the Centennial Campus, North Carolina State
University; Raleigh, North Carolina
CITY OF CEDAR PARK
Corridor Study – Bell Boulevard Corridor Master Plan; Cedar Park, Texas
CITY OF CHESAPEAKE
Dominion Boulevard Corridor Study/ Economic Development Strategic Plan; Chesapeake, Virginia
CITY OF CLEARWATER/HDR ENGINEERING, INC.
US 19 Corridor Redevelopment Plan; Clearwater, Florida
CITY OF HIGHLAND
Market Assessment of Fifth Street and Base Line Corridor; Highland, California
CITY OF RALEIGH
Blue Ridge Road District Study; Raleigh, North Carolina
DEKALB COUNTY
Memorial Drive Economic Development Strategic Action Plan; DeKalb County, Georgia
ENVISION UTAH
Understanding the Growth and Development Potential of Centers and Corridors in Utah County; Utah County, Utah
ETKIN JOHNSON REAL ESTATE PARTNERS
Denver Region Metropolitan Market Opportunity Analysis and Recommendations Regarding Future of the Office Showroom/Flex Space in the Denver-
Boulder Corridor; Denver, Colorado
FLORIDA EAST COAST INDUSTRIES
Real Estate Market and Economic Impact Analysis Study of Oleander Corridor Multi-Use Regional Trail; Miami-Dade County, Florida
FREESE AND NICHOLS, INC.
Corridor Analysis for the City of Missouri City; Missouri City, Texas
ProjeCT undersTanding and aPProaCh
2
GLATTING JACKSON
Market Sizing and Development Opportunities Assessment for the Independence Boulevard Corridor; Charlotte, North Carolina
Participation in Growth Allocation Assessments for Stations along Four LRT/BRT Corridors; Charlotte, North Carolina
HDR ENGINEERING, INC.
Development Strategy for Oasis Rail Transit Corridor; Cincinnati, Ohio
HOWARD COUNTY
US Route 1 and Snowden River Parkway/Dobbin Road Corridor Market Analysis and Research; Howard County, Maryland
MILLER SELLEN CONNER & WALSH
Dunn Avenue and Main Street Corridor Revitalization Plan; Jacksonville, Florida
MNCPPC/PERKINS EASTMAN ARCHITECTS
Metro Green Line Transit Oriented Development Corridor Action Plan; Prince George's County, Maryland
NEWLAND COMMUNITIES
Market Opportunity Analysis and Corridor Development Recommendations for the Twin Cities Metropolitan Area; Minnesota
QUORUM EQUITY FUND, LLC
Residential Market Analysis, 3rd Street Corridor; San Francisco, California
ROCKPOINT LAND, LLC/TERRABROOK
Moores Pond Road Market Analysis; Raleigh, North Carolina
RODGERS CONSULTING, INC.
I-270 Corridor 2025 Vision; Ohio
SCIENTIFIC PROPERTIES
Market Analysis for the Residential Component of a Mixed-Use Urban Village near Downtown; Raleigh, North Carolina
SMART GROWTH AMERICA
Research and Analysis for 30 "Complete Streets" Corridors; Nationwide, USA
WILMINGTON AREA PLANNING COUNCIL
Glasgow Avenue Corridor Development Study; New Castle County, Delaware
12
sCoPe of Work
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Below is the FORMA Team’s Scope of Work to prepare the Highway 111 Corridor Area Plan. This
Work Program has been prepared using the team’s knowledge and background of the project
area, our experience with similar projects, and an understanding of the recent ULI Study of the
Corridor Area.
1. ASSESSMENT OF EXISTING CONDITIONS AND ULI CORRIDOR PLAN - FORMA, STOFFEL, FUSCOE
Our Team will assess the existing conditions of the Corridor Area, as well as the information and
data within the recent ULI Corridor Plan. We will identify what is outdated and does not reflect
the current vision for the Corridor. Our Team will perform the following tasks:
1.1 Conduct a field visit of the Project Area
1.2 Review the recent Highway 111 Corridor Study prepared by the ULI Technical Assistance
Panel
1.3 Review the existing Highway 111 Design Guidelines;
1.4 Review the existing Zoning District Standards: Regional Commercial, Community
Commercial, Commercial Park, and Mixed Use Overlay
1.5 Specific plan development standards (12 Corridor-related Specific Plans)
1.6 Review Backbone infrastructure capacity and service ability.
1.7 Prepare an Ownership Map identifying all parcels, owners or major tenants.
1.8 Prepare a summary of Best Practices to keep along with possible options.
1.9 Analyze Corridor’s retail sales capture by category and location
1.10 Evaluate Corridor’s competitiveness within Coachella Valley
1.11 Evaluate major retail categories within the Corridor
1.12 Evaluate each retail center within the corridor
1.13 Document existing circulation systems within the Corridor
1.14 Identify areas where existing pedestrian and bikeways follow and do not follow best
practices
1.15 Prepare a written “Opportunities and Constraints Summary”.
2. FIRST STAKEHOLDER MEETING - FORMA
Our Team will work with City Staff to identify Highway 111 Corridor Stakeholders. Our initial
meeting will be to get input from the Stakeholders on existing issues and concerns within the
Corridor and what they are looking for in the future. The team will take meeting notes and
distribute to all interested parties and City Staff.
13
sCoPe of Work
3. VISION PLAN - FORMA, URBAN CROSSROADS, FUSCOE
With the information from our Assessment of Existing Conditions, and input from the
Stakeholders, we will create a Vision Plan that identifies the direction for the future of the
Highway 111 Corridor. The Primary components of the Vision Plan will be:
3.1 Marketing – Identify the trade area for the Corridor
3.2 Branding – Identify Branding strategies for the Corridor to create an identifiable place
through the use of wayfinding signage, street amenities, and entry monumentation.
3.3 Complete Streets – Identify future access patterns and opportunities to improve
connectivity
4. SECOND STAKEHOLDER MEETING - FORMA
Our Team will meet with Stakeholders to present our Vision Plan and answer questions. At the
end of the Second Meeting we will have a consensus for moving forward. The Team will take
meeting notes and distribute to all interested parties and City Staff.
5. PREPARE AREA PLAN - FORMA, URBAN CROSSROADS, FUSCOE, 30 THREE SIXTY PUBLIC FINANCE
After consensus on the Vision Plan, the FORMA Team will prepare the Highway 111 Corridor
Area Plan. The components of the Area Plan include:
5.1 Complete Street Plan
5.1.1 Identify improvements to meet the needs of pedestrians bicyclists and transit
riders
5.1.2 Compile relevant design guidance for the planning of drop-off and pick-up
zones
5.1.3 Recommend future roadway and trail linkages, transportation improvement
measures and intersection traffic controls, including the access to the future CV
Link to the north.
5.2 Branding – Identify Branding strategies for the corridor from the Vision Plan
5.3 Design Guidelines – Prepare Design Guidelines and associated exhibits for each of the
following components:
5.3.1 Building Massing
5.3.2 Building Types
5.3.3 Pedestrian Spaces
5.3.4 Landscape Architecture
Overall Landscape Design Plan
Street Sections
Typical Parklet and Public Spaces
Site Furniture
Shade Structure Design
Monumentation Identification and Design
Plant Palette and Irrigation Guidelines
14
sCoPe of Work
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
5.3.5 Computer Modeling – Three (3) computer modeled visual simulations identifying
the three districts after implementation will be prepared depicting the Highway
111 Corridor after implementation of the Area Plan. 3D Elements to be
developed:
Streets, sidewalks, striping and curbs
Signage and lighting
Parking areas
Cars
Base buildings for existing and future development
Landscaping
Terrain – Mountains in the distance
5.4 Retail Analysis Recommendations
5.4.1 Recommendations for each retail center
5.4.2 Strategies to retain high sales tax
5.5 Proposed Code and Standard Revisions for consistency with the Area Plan
5.5.1 Development Standards
5.5.2 Mixed Use Standards
5.5.3 Commercial Uses
5.5.4 Parking Regulations
5.6 Implementation – This task involves matching potential funding mechanisms to
each component of the Highway 111 Corridor Area Plan (e.g., public infrastructure;
maintenance of public improvements; and marketing and brand awareness activities).
A matrix will be prepared indicating which components of the plan each funding
mechanism may potentially fund. In addition, an outline of the recommended steps
required to establish/implement each identified funding mechanism will also be
prepared. Quantitative analysis of funding capacity is not anticipated but could be
included at the City’s discretion.
6. PUBLIC HEARINGS - FORMA
Relevant Team Members will be present at the following Public Hearings
6.1 Planning Commission
6.2 City Council Hearing 1
6.3 City Council Hearing 2
15
sCoPe of Work
7. OPTIONAL TASKS
7.1 District Case Studies
To support City in understanding the opportunities and challenges to the redevelopment
plan, especially of this quality and level of execution, we recommend a case study
approach to the analysis. This analysis would profile a select number of developmental
analogs of similar size and demographics. Specifically, we would look to demonstrate
the success criteria for creating successful districts identified in the ULI Report and
ultimately designed in the current effort. This will include lessons learned from Cities’
and Developers’ perspectives by leveraging existing documentation and conducting
supplemental research and interviews.
7.2 Fiscal and economic impact analysis
The Fiscal Impact Analysis refers to the impact of the proposed development on the
City’s General Fund and has two components. The first is the set of one-time impacts
comprising the various one-time construction-related revenues paid to the City. The
second is the net fiscal impact defined as the comparison of the recurring project-
generated General Fund revenues when the proposed development is operational
with the incremental General Fund costs to provide municipal services to the proposed
development. The Economic Impact Analysis will be limited to on-site employment
generated by the redevelopment efforts.
16
sChedule and Timeline
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Task Name1 Assessment of Existing Conditions and ULI Study 2 First Stakeholder Meeting3 Vision Plan4 Second Stakeholder Meeting5 Prepare Area Plan6 Public Hearings6.1 Planning Commission Hearing6.2 City Council Hearing 6.3 City Council Hearing 3/13/297/238/209/32731017243101724317142128512192629162330714212841118251815222FebruaryMarchAprilMayJuneJulyAugustSeptemberHighway 111 Corridor Area PlanCity of La Quinta
17
referenCes
FORMA REFERENCES
Jim Hart (Formerly City Manager of Adelanto)
City of Carson
701 E Carson Street
Carson, CA 90745
(310) 952-1730
Jhart@carson.ca.us
Martin Alvarez
Director of Economic Development
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
malverez@ci.palm-desert.ca.us
Mr. Dave Doyle, City Manager
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, California 92656
(949)-425-2510
ddoyle@cityofalisoviejo.com
18
CosT ProPosal
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
Scope Budget
FORMA
Stakeholder Engagement Program 9,500.00$
Audit of Current Corridor Development Standard 10,000.00$
Vision Plan Refinement 5,000.00$
Corridor Landscape and Branding Program 35,000.00$
Design Guidelines 17,500.00$
Design Simulation (three simulations based on photography)10,000.00$
Code and Standard Revision 9,500.00$
Implementation Program 2,000.00$
Meeting 14,000.00$
Reimbursables 10,000.00$
Sub Total 122,500.00$
Stoffel Associates
Evaluate La Quinta Position
Taxable sales analysis
Competitiveness within CV
Identify missing retail categories
Identify trade area competitiveness and tenant mix
Recommendation for each center
Future strategy
Sub Total 20,000.00$
Urban Crossroads
Assessment of existing conditions 13,200.00$
Determination of Potential Complete Street plans and components 16,000.00$
Reimbursables 800.00$
Sub Total 30,000.00$
Fuscoe
Audit of existing conditions 14,500.00$
Complete Streets 3,000.00$
Reimbursables 1,500.00$
Sub Total 19,000.00$
30 Three Sixty Public Finance
Implementation Funding
Sub Total 7,500.00$
Total 199,000.00$
19
CosT ProPosal
BILLING RATES
We have provided not to exceed budgets for each of the task. As a guideline for this project will
have approximately 30% of senior staff involvement 50% staff involvement and 20% administrative
staff involvement. If selected and after finial negotiation of the scope, task and budgets, we will
provide a projection of hours and staff per task.
FORMA
Senior Director - $ 165–$ 200/hour
Director - $ 150–$ 160/hour
Sr. Planner/Sr. Designer/Sr. Landscape Architect/Sr. Project Manager - $ 120–$ 150/hour
Senior GIS Technician/Programmer - $ 100–$ 140/hour
Planner/Designer/Landscape Architect/Project Manager - $ 85–$ 110/hour
Studio Staff - $ 75–$ 90/hour
Gregory Stoffel & Associates
Principal time - Greg Stoffel: $200/hour, $1,600 daily
Associate time: Various: $100/hour, $800 daily
Urban Crossroads
John Kain - $225
Marlie Whiteman - $135
Janette Cachola - $100
Fuscoe Engineering
Principal / Sr. Project Manager - $230
Project Manager - $198
Sr. Designer / Project Engineer / Sr. Water Resource Engineer - $173
Designer / Engineer / Project Scientist / GIS Coordinator - $153
CADD / Engineering / Environmental Tech. / Graphics Tech. - $125
Information Coordinator - $ 87
1-Man Survey Crew - $206
2-Man Survey Crew - $299
3-Man Survey Crew - $412
30 Three Sixty Public Finance
Principal $200
Director $175
Senior Associate $150
Associate $125
RCLCO
Managing Director/CEO - $700
Managing Director - $500
Principal - $380
Vice President - $280
Senior Associate - $190
Associate - $150
Analysts - $100
20
aPPendiCes
City of La Quinta - Proposal for Highway 111 Corridor Area Plan
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, __________________________________ (name) hereby declare as follows:
I am ______________________________ of _________________________,
(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 under the laws of the State of California that the foregoing is true
and correct.
Proposer Signature: _______________________________________
Proposer Name: _______________________________________
Proposer Title: ______________________________________
Company Name: _______________________________________
Address: _______________________________________
H. Gene Hsieh
Principal FORMA Design, Inc.
H. Gene Hsieh
Principal
FORMA Design, Inc.
3050 Pullman Street, Costa Mesa, CA 92626
21
aPPendiCes
CITY OF LA QUINTA’S STANDARD AGREEMENT FOR CONTRACT SERVICES
(ATTACHMENT 2)
Attached are the proposed edits to the City of La Quinta’s standard Agreement for Contract
Services (Attachment 2) prepared by our attorney. If selected, we would meet with the City Staff
and City Attorney to review the changes and agree upon a mutually satisfactory contract.
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ATTACHMENT 2
AGREEMENT FOR CONTRACT PROFEESIONAL DESIGN
SERVICES
THIS AGREEMENT FOR CONTRACT PROFESSIONAL DESIGN 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:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions
of this Agreement, Contracting Party shall provide those services related to
, Project No. NA ,
as specified in the “Scope of Services” attached hereto as “Exhibit A” and
incorporated herein by this reference (the “Services”). Contracting Party
represents and warrants that Contracting Party is a provider of first-class
work and/or services and Contracting Party is experienced in performing the
Services contemplated herein and, in light of such status and experience,
Contracting Party covenants that it shall follow professionalindustry
standards in performing the Services required hereunder, and that all
materials, if any, will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase “industry standards” shall mean
those standards of practice recognized by one or more first-class firms
performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local
governmental agency of competent jurisdiction applicable to Contracting
Party’s Services.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents,
and subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and
approvals that are legally required for the performance of the Services
required by this Agreement. Contracting Party shall have the sole obligation
to pay for any fees, assessments, and taxes, plus applicable penalties and
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interest, which may be imposed by law and arise from or are necessary for
the performance of the Services required by this Agreement, and shall
indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any
such fees, assessments, taxes, penalties, or interest levied, assessed, or
imposed against City hereunder. Contracting Party shall be responsible for
all subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party re p resen ts warrants that (a) it has thoroughly investigated and
considered the Services to be performed, (b) it has observedinvestigated
the site where the Services are to be performed, if any, and fully
acquainted itself with the conditions k n o w n t o e x i s t there existing,
(c) it has carefully considered how the Services should be performed,
and (d) based upon the foregoing and information and reports provided by
the City, it fully understands the circumstances facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions
materially differing from those inherent in the Services or as represented by
City, Contracting Party shall immediately inform City of such fact and shall
not proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an professionaindustry standard of
care such that the Contracting Party shall perform in a manner
consistent with that degree of care and skill ordinarily exercised by members
of the same profession currently practicing under similar circumstances at
the same time and in the same or similar locality quality and workmanship.
Consistent with Section 1.5 hereinabove, Contracting Party represents to
City that it holds the necessary skills and abilities to satisfy the
p r o f e s s i o n a l industry standard of quality as set forth in this
Agreement. Contracting Party shall adopt reasonable methods during the
life of this Agreement to furnish continuous protection to the Services
performed by Contracting Party, and the equipment, materials, papers, and
other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of
the Services by City, except such losses or damages as may be caused by
City’s own negligence. The performance of Services by Contracting Party
shall not relieve Contracting Party from any obligation to correct any
incomplete, inaccurate, or defective Serviceswork at no further cost to
City, when such inaccuracies are due to the negligence of Contracting
Party.
1.7 Additional Services. In accordance with the terms and
conditions of this Agreement, Contracting Party shall perform services in
addition to those specified in the Scope of Services (“Additional Services”)
only when directed to do so by the Contract Officer, provided that
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Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services)
from the Contract Officer, 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, 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. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to
exceed Dollars ($ )
(the “Contract Sum”), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or
such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation
for attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
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compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services
provided, including time and materials, and (2) specify each staff member
who has provided Services and the number of hours assigned to each such
staff member. Such invoice shall contain a certification by a principal
member of Contracting Party specifying that the payment requested is for
Services performed in accordance with the terms of this Agreement. Upon
approval in writing by the Contract Officer and subject to retention pursuant
to Section 8.3, City will pay Contracting Party for all items stated thereon
which are approved by City pursuant to this Agreement no later than thirty
(30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City
and Contracting Party in advance of the Additional Services being rendered
by Contracting Party. Any compensation for Additional Services amounting
to five percent (5%) or less of the Contract Sum may be approved by the
Contract Officer. Any greater amount of compensation for Additional
Services must be approved by the La Quinta City Council, the City Manager,
or Department Director, depending upon City laws, regulations, rules and
procedures concerning public contracting. Under no circumstances shall
Contracting Party receive compensation for any Additional Services unless
prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is
understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed as expeditiously as is consistent with such
professional skill and care and the orderly progress of the Project diligently
and within the time period established in “Exhibit C” (the “Schedule of
Performance”). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
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3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City,
delays in performance by the City, and unusually severe weather, or
discovery of any hazardous substances or differing site conditions, if
Contracting Party shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The
Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced
delay when and if in 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 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. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) E-
mail:
(b) E-
mail:
(c) E-
mail:
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It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall
be responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing
Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the
express written approval of City.
4.2 Contract Officer. The “Contract Officer” shall be
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, and 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 hereunder without the express written
approval of City. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or
group of persons acting in concert of more than twenty five percent (25%)
of the present ownership and/or control of Contracting Party, taking all
transfers into account on a cumulative basis. Any attempted or purported
assignment or contracting or subcontracting by Contracting Party without
City’s express written approval shall be null, void, and of no effect. No
approved transfer shall release Contracting Party of any liability hereunder
without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which
Contracting Party, its agents, or its employees, perform the Services
required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision, or control of Contracting
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Party’s employees, servants, representatives, or agents, or in fixing their
number or hours of service. Contracting Party shall perform all Services
required herein as an independent contractor of City and shall remain at all
times as to City a wholly independent contractor with only such obligations
as are consistent with that role. Contracting Party shall not at any time or in
any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or
be deemed to be a partner of Contracting Party in its business or otherwise
or a joint venture or a member of any joint enterprise with Contracting
Party. Contracting Party shall have no power to incur any debt, obligation,
or liability on behalf of City. Contracting Party shall not at any time or in
any manner represent that it or any of its agents or employees are agents or
employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other
compensation to Contracting Party for performing the Services hereunder for
City. City shall not be liable for compensation or indemnification to
Contracting Party for injury or sickness arising out of performing the
Services hereunder. Notwithstanding any other City, state, or federal policy,
rule, regulation, law, or ordinance to the contrary, Contracting Party and any
of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in the California Public Employees Retirement System
(“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for
PERS benefits. Contracting Party agrees to pay all required taxes on
amounts paid to Contracting Party under this Agreement, and to indemnify
and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contracting Party shall fully comply
with the workers’ compensation laws regarding Contracting Party and
Contracting Party’s employees. Contracting Party further agrees to
indemnify and hold City harmless from any failure of Contracting Party to
comply with applicable workers’ compensation laws. City shall have the
right to offset against the amount of any payment due to Contracting Party
under this Agreement any amount due to City from Contracting Party as a
result of Contracting Party’s failure to promptly pay to City any
reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
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that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform
such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City. The
Contracting Party may use such information, requirements, reports, data,
surveys and instructions in performing its services and is entitled to rely
upon the accuracy and completeness thereof. The Contracting Party shall not
be held responsible for any errors or omissions that may arise as a result of
erroneous or incomplete information provided by the City and/or the City's
consultants and contractors.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer 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 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
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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, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports),
studies, or other documents relating to the disbursements charged to City
and the Services performed hereunder (the “Books and Records”), as shall
be necessary to perform the Services required by this Agreement and enable
the Contract Officer to evaluate the performance of such Services. Any and
all such Books and Records shall be maintained in accordance with generally
accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such Books and Records at
all times upon reasonable request during normal business hours of City,
including the right to inspect, copy, audit, and make records and transcripts
from such Books and Records. Such Books and Records shall be maintained
for a period of three (3) years following completion of the Services
hereunder, and City shall have access to such Books and Records in the
event any audit is required. In the event of dissolution of Contracting
Party’s business, custody of the Books and Records may be given to City,
and access shall be provided by Contracting Party’s successor in interest.
Under California Government Code Section 8546.7, if the amount of
public funds expended under this Agreement exceeds Ten Thousand
Dollars ($10,000.00), this Agreement shall be subject to the examination
and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this
Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) are
Instruments of Professional Service and the property of the Contracting
Party. The Documents and Materials shall become the property of City
upon completion and payment therefor, 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 for use on this Project only, reuse, or
assignment of the Documents and Materials hereunder. Prior to a
transfer of ownership, the City shall enjoy a license to use
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the Documents and Materials; provided that the City is not
in breach of its payment obligations under this Agreement.
Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will not be allowed and
will be at City’s sole risk and without liability to Contracting Party, and
Contracting Party’s guarantee and warranties shall not extend to such use,
revise, or assignment. Contracting Party may retain copies of such
Documents and Materials for its own use. C o n t r a c t i n g P a r t y
s h a l l r e t a i n o w n e r s h i p t o i t s s t a n d a r d d e t a i l s ,
d e s i g n s a n d s p e c i f i c a t i o n s . Contracting Party shall have an
unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any Documents and Materials
prepared by them, and in the event Contracting Party fails to secure
such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials for use on this Project, City hereby releases, discharges, and
exonerates Contracting 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 Intellectual Property. This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials for this
Project only. Contracting Party shall require all subcontractors, if any, to
agree in writing that City is granted a non-exclusive and perpetual license
for the Documents and Materials the subcontractor prepares under this
Agreement. Contracting Party represents and warrants that Contracting
Party has the legal right to license any and all of the Documents and
Materials. Contracting Party makes no such representation and warranty in
regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party
by City. City shall not be limited in any way in its use of the Documents
and Materials at any time, provided that the City is not in breach of its
payment obligations under this Agreement, and that any such use not
within the purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not
be released publicly without the prior written approval of the Contract Officer
or as required by law. Contracting Party shall not disclose to any other
entity or person any information regarding the activities of City, except as
required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
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Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records,
draft documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to
any person or entity without prior written authorization by City or unless
required by law. City shall grant authorization for disclosure if required by
any lawful administrative or legal proceeding, court order, or similar
directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not
public records, draft documents, discussions, or other information shall be
returned to City upon the termination or expiration of this Agreement.
Contracting Party’s covenant under this section shall survive the termination
or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall
continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be permitted by the
Contract Officer; provided that if the default is an immediate danger to the
health, safety, or general welfare, City may take such immediate action as
City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s
right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City’s right to terminate this Agreement
without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in material default, City shall hold all invoices applicable
to the material default, and pay for such Services not in dispute, and shall,
when the default is cured, proceed with payment on the invoices. In the
alternative, City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses,
costs, liabilities, or damages it reasonably believes were suffered by City due
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to the default of Contracting Party in the performance of the Services
required by this Agreement. The City shall not withhold amounts from the
Contracting Party’s compensation to impose a penalty or liquidated damages
on the Contracting Party, or to offset sums requested by or paid to
contractors for the cost of changes in the Work, unless the Contracting Party
and the City agree or the Contracting Party has been found liable for the
amounts in a binding dispute resolution proceeding. If the City objects to
any portion of an invoice, the City shall so notify the Contracting Party in
writing within fifteen (15) calendar days of receipt of the invoice. The City
shall identify in writing the specific cause of the disagreement and the
amount in dispute with supporting documentation and shall pay that portion
of the invoice not in dispute in accordance with the other payment terms of
this Agreement. Any dispute over invoiced amounts due which cannot be
resolved within twenty-five (25) calendar days after presentation of invoice
by direct negotiation between the parties shall be resolved within thirty (30)
calendar days thereafter in accordance with the Dispute Resolution provision
of this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act
by Contracting Party requiring City’s consent or approval shall not be
deemed to waive or render unnecessary City’s consent to or approval of any
subsequent act of Contracting Party. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement,
the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration Of Term. This Section shall
govern any termination of this Agreement, except as specifically provided in
the following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services
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hereunder except such as may be specifically approved by the Contract
Officer. Contracting Party shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract
Officer, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is
due to the failure of Contracting Party to fulfill its obligations under this
Agreement, Contracting Party shall vacate any City-owned property which
Contracting Party is permitted to occupy hereunder and City may, after
compliance with the provisions of Section 8.2, take over the Services and
prosecute the same to completion by contract or otherwise, and Contracting
Party may shall be liable to the extent that the total cost for completion
of the Services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such
damages) to the extent determined to have been caused by the negligence,
recklessness or willful misconduct of Contracting Party, and City may
withhold any payments to Contracting Party for the purpose of setoff or
partial payment of the amounts owed City.
8.88.9 If the City fails to make payments to the Contracting Party
in accordance with this Agreement, such failure shall be considered
substantial nonperformance and cause for termination or, at the Contracting
Party’s option, cause for suspension of performance of services under this
Agreement. If the Contracting Party elects to suspend services, the
Contracting Party shall give seven (7) days’ written notice to the City before
suspending services. In the event of a suspension of services, the
Contracting Party shall have no liability to the City for delay or damage
caused the City because of such suspension of services. Before resuming
services, the City shall pay the Contracting Party all sums due prior to
suspension and any expenses incurred in the interruption and resumption of
the Contracting Party’s services. The Contracting Party’s fees for the
remaining services and the time schedules shall be equitably adjusted.
Should the City fail to cure the breach following a suspension, Contracting
Party may terminate this Agreement upon an additional seven (7) days'
notice
8.98.10 Attorneys’ Fees . If either party to this Agreement is
required to initiate or defend or made a party to any action or proceeding
in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorneys’ fees;
provided, however, that the attorneys’ fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing
party in the conduct of the litigation. Attorneys’ fees shall include
attorneys’ fees on any appeal, and in addition a party entitled to attorneys’
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fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the
court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment. The
court may set such fees in the same action or in a separate action brought
for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally
liable to Contracting Party, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to
Contracting Party or to its successor, or for breach of any obligation of the
terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer. Contracting Party
agrees to at all times avoid conflicts of interest or the appearance of any
conflicts of interest with the interests of City in the performance of this
Agreement.
No officer or employee of City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his
financial interest or the financial interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. Contracting Party warrants that it has not
paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry
in the performance of this Agreement. Contracting Party shall take
affirmative action to 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.
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10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
To Contracting Party:
78-495 Calle Tampico
La Quinta, California 92253
10.2 Interpretation. The terms of this Agreement shall be construed
in accordance with the meaning of the language used and shall not be
construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
Attention: [insert Contract Officer –
Director decides]
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10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the
understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this
Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements, and understandings, if any, between the parties,
and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by
Contracting Party and by the City Council of City. The parties agree that this
requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this
Agreement, Contracting Party offers and agrees to assign to City all rights,
title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
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organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any
other Agreement to which said party is bound. This Agreement shall be
binding upon the heirs, executors, administrators, successors, and assigns of
the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, Acting City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
NOTE:
BYLAWS,
(1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION’S
ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED
ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
(DIRECTOR TO DETERMINE IF THE FOLLOWING IS TO BE FOLLOWED OR
DELETED:)
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(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.
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Exhibit A
Scope of Services
1. Services to be Provided:
[TO BE PROVIDED BY STAFF (include location of work)]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
OR
[See Attached]
Last revised summer 2017
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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include actual construction, alteration,
demolition, installation, repair, or maintenance affecting real property or
structures or improvements of any kind appurtenant to real property, the
following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State,
and local laws. Contracting Party is aware of the requirements of California
Labor Code Sections 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the
“Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040,
which require the payment of prevailing wage rates and the performance of
other requirements on “Public works” and “Maintenance” projects. If the
Services are being performed as part of an applicable “Public works” or
“Maintenance” project, as defined by the Prevailing Wage Laws, and if
construction work over twenty-five thousand dollars ($25,000.00) and/or
alterations, demolition, repair or maintenance work over fifteen thousand
dollars ($15,000.00) is entered into or extended on or after January 1, 2015
by this Agreement,, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to
the maintenance of payroll records and the employment of apprentices.
Pursuant to California Labor Code Section 1725.5, no contractor or
subcontractor may be awarded a contract for public work on a “Public works”
project unless registered with the California Department of Industrial
Relations (“DIR”) at the time the contract is awarded. If the Services are
being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, this project is subject to
compliance monitoring and enforcement by the DIR. Contracting Party will
maintain and will require all subcontractors to maintain valid and current
DIR Public Works contractor registration during the term of this Agreement.
Contracting Party shall notify City in writing immediately, and in no case
more than twenty-four (24) hours, after receiving any information that
Contracting Party’s or any of its subcontractor’s DIR registration status has
been suspended, revoked, expired, or otherwise changed. It is understood
that it is the responsibility of Contracting Party to determine the correct
salary scale. Contracting Party shall make copies of the prevailing rates of
per diem wages for each craft, classification, or type of worker needed to
execute the Services available to interested parties upon request, and shall
post copies at Contracting Party’s principal place of business and at the
project site, if any. The statutory penalties for failure to pay prevailing wage
or to comply with State wage and hour laws will be enforced. Contracting
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Party must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each
worker who works in excess of the minimum working hours when
Contracting Party does not pay overtime. In accordance with the provisions
of Labor Code Sections 1810 et seq., eight (8) hours is the legal working
day. Contracting Party also shall comply with State law requirements to
maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et
seq., including Section 1776. In addition to the other indemnities provided
under this Agreement, Contracting Party shall defend (with counsel selected
by City), indemnify, and hold City, its elected officials, officers, employees,
and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It is
agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all “Public works” (as defined by the
Prevailing Wage Laws), Contracting Party shall bear all risks of payment or
non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all
subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of
the release, City may retain proceeds (per Public Contract Code § 7107) of
up to one hundred fifty percent (150%) of the amount in dispute. City’s
failure to deduct or withhold shall not affect Contracting Party’s obligations
under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunkline utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
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unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such
unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement
requires excavations more than four (4) feet in depth, the following shall
apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance
with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it
finds that the conditions do materially so differ, or do involve hazardous
waste, and cause a decrease or increase in Contracting Party’s cost of, or
the time required for, performance of any part of the work shall issue a
change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under
this Agreement. Contracting Party shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and
protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
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procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all
safety measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult
or impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be
paid to Contracting Party under this Agreement is
($ ) (“Contract Sum”). The
Contract Sum shall be paid to Contracting Party in installment payments
made on a monthly basis and in an amount identified in Contracting Party’s
schedule of compensation attached hereto for the work tasks performed and
properly invoiced by Contracting Party in conformance with Section 2.2 of
this Agreement.
[insert Contractin g Party’s sche du le o f compe nsation ]
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule below [or… attached hereto and incorporated herein by this
reference].
[insert Project Schedule]
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Exhibit D
Special Requirements
[inser t S pe cial R e quire me nts o r ind icate , “No ne ” if there are none]
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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration
of this Agreement, the following policies shall be maintained and kept in full
force and effect providing insurance with minimum limits as indicated below
and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if
Applicable Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party’s acts or omissions rising out of or related to
Contracting Party’s performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary
for losses arising out of Contracting Party’s performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City and its officers and employees as
additional insured (on the Commercial General Liability policy only) must be submitted
concurrently with the execution of this Agreement and approved by City prior to
commencement of the services hereunder.
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Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them
may be liable, arising directly or indirectly out of or related to Contracting
Party’s performance under this Agreement. If Contracting Party or
Contracting Party’s employees will use personal autos in any way on this
project, Contracting Party shall provide evidence of personal auto liability
coverage for each such person. The term “automobile” includes, but is not
limited to, a land motor vehicle, trailer or semi-trailer designed for travel on
public roads. The automobile insurance policy shall contain a severability of
interest clause providing that coverage shall be primary for losses arising out
of Contracting Party’s performance hereunder and neither City nor its
insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed
to protect against n e g l i g e n t acts, errors or omissions of the
Contracting Party and “Covered Professional Services” as designated in the
policy must specifically include work performed under this agreement. The
policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must “pay on behalf of” the insured and must
include a provision establishing the insurer’s duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is
terminated; (2) the limits of any of the required polices are reduced; or
(3) the deductible or self-insured retention is increased. In the event any of
said policies of insurance are cancelled, Contracting Party shall, prior to the
cancellation date, submit new evidence of insurance in conformance with
this Exhibit to the Contract Officer. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed
as a limitation of Contracting Party’s obligation to indemnify City, its officers,
employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may,
at its sole option:
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a. Obtain such insurance and deduct and retain the amount of
the premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise 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 Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s
employees, or agents, from waiving the right of subrogation prior to a loss.
Contracting Party agrees to waive subrogation rights against City regardless
of the applicability of any insurance proceeds, and to require all contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the
full extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
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5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements,
consisting of certificates of insurance evidencing all of the coverages
required and an additional insured endorsement to Contracting Party’s
general liability policy, shall be delivered to City at or prior to the execution
of this Agreement. In the event such proof of any insurance is not delivered
as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by City
shall be charged to and promptly paid by Contracting Party or deducted from
sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to requireensure that subcontractors,
and any other party involved with the project that is brought onto or
involved in the project by Contracting Party, provide the same minimum
insurance coverage required of Contracting Party. Contracting Party
agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. Contracting Party agrees that upon
request, all agreements with subcontractors and others engaged in the
project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
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deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the
Contracting Party, the City will negotiate additional compensation
proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this
Agreement will be deemed to have been executed immediately upon any
party hereto taking any steps that can be deemed to be in furtherance of or
towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any
additional obligations on City nor does it waive any rights hereunder in this
or any other regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether 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 has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Contracting Party’s
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable
to the renewing or new coverage must be provided to City within five
(5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will
not limit the obligations of Contracting Party under this agreement.
Contracting Party expressly agrees not to use any statutory immunity
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defenses under such laws with respect to City, its employees, officials, and
agents.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or
provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third
party for the cost of complying with these requirements. There shall be no
recourse against City for payment of premiums or other amounts with
respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such
claim or claims if they are likely to involve City.
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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services,
to the fullest extent permitted by law, Contracting Party shall indemnify,
protect, defend (with counsel selected by City), and hold harmless City and
any and all of its officials, and employees, and agents (“Indemnified
Parties”) from and against any and all claims, losses, liabilities of every
kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of
any subcontractor), costs and expenses of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, r e a s o n a b le attorneys’ fees,
litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation (Claims), to the
extent same are caused in whole or in part by any negligence, recklessnesst
or willful misconduct wrongful act, error or omission of Contracting Party,
its officers, agents, employees or subcontractors (or any entity or
individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. The
Contracting Party shall not have an upfront duty to defend but shall
reimburse reasonably incurred defense fees and costs to the extent
Claims are determined to have been caused by the negligence,
recklessness or willful misconduct of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof), or as the City and
Contracting Party otherwise agree in settlement. In no event shall the cost to
defend charged to the Contracting Party exceed the Contracting Party’s
proportionate percentage of fault. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the
Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and
against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court
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costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this
Agreement by Contracting Party or by any individual or entity for which
Contracting Party is legally liable, including but not limited to officers,
agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively
negligent and where City’s active negligence accounts for only a percentage
of the liability involved, the obligation of Contracting Party will be for that
entire portion or percentage of liability not attributable to the active
negligence of City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall
apply to a Contracting Party who constitutes a “design professional” as the
term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold
harmless City and any and all of its officials, employees, and agents
(“Indemnified Parties”) from and against any and all losses, liabilities of
every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any
subcontractor), costs and expenses, including, without limitation, incidental
and consequential damages, court costs, reimbursement of reasonable
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to
the extent same are caused by any negligence, recklessness or willful
misconduct t or wrongful act, error or omission of Contracting Party, its
officers, agents, employees or subcontractors (or any entity or individual
that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. shall
reimburse reasonably incurred defense fees and costs to the extent
Claims are determined to have been caused by the negligence,
recklessness or willful misconduct of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof), or as the City and
Contracting Party otherwise agree in settlement. In no event shall the cost to
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defend charged to the Contracting Party exceed the Contracting Party’s
proportionate percentage of fault. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the
Contracting Party..
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions.
Contracting Party agrees to obtain executed indemnity agreements with
provisions identical to those set forth herein this Exhibit F, as applicable to
the Contracting Party, from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of Contracting Party in
the performance of this Agreement. In the event Contracting Party fails to
obtain such indemnity obligations from others as required herein,
Contracting Party agrees to be fully responsible according to the terms of
this Exhibit. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver
of any rights hereunder. This 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.
City of La Quinta
Proposal for
Highway 111 Corridor Area Plan
3050 Pullman Street
Costa Mesa, CA 92626
(714) 673-6200
www.info@formacompanies.com