2019 Terra Nova - On-Call Planning Services (Jul-Aug)ta a�W
— GEM ajWe DUSERT —
MEMORANDUM
TO: Danny Castro, Design and Development Director
FROM: Julie Mignogna, Management Analyst
DATE: June 26, 2019
RE: Short term agreement with Terra Nova Planning and Research, Inc. for
on -call planning services.
Attached for your signature is the agreement referenced above.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 101-6002-60103
X Amount of Agreement, Amendment, Change Order, etc.: $10,000.00
X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_no reportable interests in LQ or X reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Aukbority to execute this aareement is based unon:
Approved by the City Council on
X City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is $10,000 and authorized by contract approved by Danny Castro,
Design and Development Director.
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement: !
X Insurance certificates as required by the agreement (approved by Risk Manager onZa alP-i q date)
Performance bonds as required b the D
q y agreement (originals) f
X City of La Quinta Business License number LIC-0005753 EXPIRES 04/30/20
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
Revised May 2017
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— GEM rf the DESERT —
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 29th day of June,
2019, ("Effective Date") by and between the City of La Quinta, a Municipal Corporation and
Charter City organized under the Constitution and laws of the State of California with its
principal place of business at 78-495 Calle Tampico, La Quinta, CA ("City") and Terra Nova
Planning and Research, Inc., a California Corporation ("Consultant"). City and Consultant
are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the
attached Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Consultant shall provide to City the services pursuant
to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit
\1 B.
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4. TERM. The term of this Agreement shall be from July 1, 2019 to August 31, 2019,
unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement
may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and
Procedures this Agreement is exempt from the five (5) year limitation.
5. COMPENSATION. Consultant shall receive compensation for services rendered under this
Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event
shall Consultant's compensation exceed Ten Thousand Dollars ($10,000) per fiscal year (July
1 to June 30) without written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered
pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of 'Consultant including, but
not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10) days of the
commencement of such delay notify the City in writing of the causes of the delay. The City
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 their judgment such delay is
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justified, and the City's determination shall be final and conclusive upon the parties to this
Agreement. Extensions to time periods for performance of services, which are determined
by the City to be justified pursuant to this Section, shall not entitle the Consultant to
additional compensation unless City expressly agrees to an increase in writing.
7. INSURANCE. In accordance with Section 4 of Exhibit "A," Consultant shall, at its
expense, procure and maintain for the duration of the Agreement such insurance policies as
checked below and provide proof of such insurance policies to the City. Consultant shall
obtain policy endorsements on Commercial General Liability Insurance that name
Additional Insureds as follows: The City of La Quinta, its officers, officials,
employees and agents.
Commercial General Liability Insurance:
X $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
X Additional Insured Endorsement naming City of La Quinta (above)
X Primary and Non -Contributory Endorsement
Automobile Liability:
X $1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
X Statutory Limits / Employer's Liability $1,000,000 per accident or disease
X Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
X Errors and Omissions liability insurance with a limit of not less than
$1,000,000
per claim
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
4 C _
DANNY CASTRO
Design and Development Director
ATTEST:
.- // 4
NP, -
MONIKA RADEVA, Cit Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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TERRA NOVA PLANNING AND RESEARCH
EXHIBIT "A"
TERMS AND CONDITIONS
1, Compensation. Consultant shall be paid on
a time and materials basis, as may be set forth
in Exhibit "C", within 30 days of completion of
the Work and approval by the City.
2, Compliance with Law. Consultant shall
comply with all applicable laws and regulations
of the federal, state and local government,
Consultant shall assist the City, as requested, in
obtaining and maintaining all permits required
of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible
for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a
result of his or her Work,
3, Standard of Care. The Consultant shall
perform the Work in accordance with generally
accepted professional practices and principles
and in a manner consistent with the level of care
and skill ordinarily exercised by members of the
profession practicing under similar conditions.
4. Insurance, The Consultant shall take out and
maintain, during the performance of all work
under this Agreement; A. Commercial General
Liability Insurance in the amounts specified In
Section 7 of the Agreement for bodily injury,
personal Injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
Is selected In Section 7 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.
Automobile Liability Insurance for bodily injury
and property damage Including coverage for
owned, non -owned and hired vehicles, of at
least $1,000,000 per accident for bodily Injury
and property damage, at least as broad as
Insurance Services Office Form Number CA
0001 (ed, 6/92) covering automobile liability,
Code 1 (any auto); C. Workers' Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.
Consultant shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
A-1
endorsed to Include contractual liability,
Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City,
S. Indemnification. The Consultant shall
indemnify and hold harmless the City, its
Council, members of the Council, agents and
employees of the City, against any and all
claims, liabilities, expenses or damages,
Including responsible attorneys' fees, for injury
or death of any person, or damage to property,
or Interference with use of property, or any
claim of the Consultant or subcontractor for
wages or benefits which arise In connection with
the performance of this Agreement, except to
the extent caused or resulting from the active
negligence or willful misconduct of the City, Its
Council, members of the Council, agents and
employees of the City. The foregoing indemnity
includes, but is not limited to, the cost of
prosecuting or defending such action with legal
counsel acceptable to the City and the Clty's
attorneys' fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
Interpret or enforce any term of this Agreement,
the action shall be brought In a state or federal
court situated In the County of Riverside, State
of California.
7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Consultant. In such event, the City shall be
immediately given title and possession to any
original field notes, drawings and specifications,
written reports and other documents produced
or developed for the services. The City shall pay
Consultant the reasonable value of services
completed prior to termination, The City shall
not be liable for any costs other than the
charges or portions thereof which are specified
herein. Consultant shall not be entitled to
payment for unperformed services, and shall
not be entitled to damages or compensation for
termination of work. Consultant may terminate
its obligation to provide services under this
Agreement upon 30 calendar days' written
notice to the City only in the event of Clty's
failure to perform In accordance with the terms
of this Agreement through no fault of
Consultant.
8. Agreement Terms, Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Consultant.
The unenforceablllty, Invalidity or Illegality of
any provision(s) of this Agreement shall not
render the other provisions unenforceable,
Invalid or illegal. Notice may be given or
delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the
parties to the addresses set forth In the
A-2
Agreement. Consultant shall not assign, sublet,
or transfer this Agreement or any rights under
or interest in this Agreement without the written
consent of the City, which may be withheld for
any reason. Consultant is retained as an
Independent contractor and Is not an employee
of the City. No employee or agent of Consultant
shall become an employee of the City. The
Individuals signing this Agreement represent
that they have the authority to sign on behalf of
the parties and bind the parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the
parties as to those matters contained herein,
and supersedes and cancels any prior oral or
written understanding or representations with
respect to matters covered hereunder. This
Agreement may not be modified or altered
except In writing signed by both parties hereto.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Services to be rendered by Consultant shall include, but not be limited to:
• Provide general planning -related development review and project
management
• services to the City on a case -by -case basis.
• Review and analyze development applications submitted to the City,
including Specific Plans, Site Development Permits, Tract Maps, and
Conditional Use Permits.
• Prepare environmental review documents, as needed.
• Create presentations for City Council, Planning Commission, and
present, upon request.
• Write staff reports and prepare conditions of approval with associated
resolutions.
• Coordinate with applicants and schedule meetings, as needed.
• When required, be present at City Hall and hold regular office hours as
agreed upon by staff and Consultant.
• Organize and maintain planning files at City Hall.
Planning -related project management of the SilverRock Resort
development.
B-1
EXHIBIT "C"
COMPENSATION FOR SERVICES
Professional Planning Staff
-HOWY Ilpte
,erinelp"ll Mange).
S. _ 165.(10
Senior Planner
$ 14U,U0
Associate Planner
$ 111.()0
Assistant Planner
$ 95,00
Specialists
Hourly Rate
Not applicable
$
Subconsu.ltant priced on per project
$
basis,
$
Reimbursables
, ost per Unit
Photo Co ies 8,5" x 11 " :BW / Color)
$ .15 ea 1.30 ea
(l l" x 17" BW / Color.)
$ .30 c a / .60 on
LaM. Format Plots BW/,Color_
$ 1.0(]/SF:11td $5,00/Sp
Telephone Toll Charges
$ Cost
Fax Transmittals
$ Cosh
Reproduction, Special photo. services,
$('otit+ 151%
document printing, aerial photogrammetry,
postage, etc,
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