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McAuliffe & Co/Space Planning @ City Hall 13PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and McAuliffe & Company, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Professional Architectural Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, Last revised 1-23-13 and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seven Thousand Nine Hundred Fifty And No/100 Dollars ($7,950.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement, in addition to contract sum, for actual and necessary expenditures for Last revised 7-3-12 7 reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such Last revised 7-3-12 3 delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on January 10, 2013 and terminate on April 30, 2013 (initial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Michael McAuliffe, AIA It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be City Manager/Executive Director or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In Last revised 7-3-12 4 addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last reviscd 7-3-12 5 Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the Policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the Premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Last revised 7-3-12 6 C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 or equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement applicable to work performed under this agreement that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Last revised 7-3-12 7 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all general liability insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance Last revised 7-3-12 8 requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Last revised 7-3-12 9 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this, agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees Last revised 7-3-12 10 to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Last reviscd 7-3-12 11 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to Last revised 7-3-12 12 termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein Last revised 7-3-12 13 stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico Last revised 7-3-12 14 To Consultant: McAULIFFE & COMPANY, INC. Attention: Michael T. McAuliffe, AIA 42-600 Caroline Court Suite 102 P.O. Box 1504 Palm Desert, California 92211 La Quinta, California 92247-1504 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUl_N�;<a California municipal corporation City Manager Date ATTEST: Susan Maysels, Oy Clerk ,l Last revised 7-3-12 15 APPROVED AS TO FORM: Name: Michael McAuliffe AIA Title:�(��.^{' Date: of • 23 26f3 Last revised 7-3-12 16 Exhibit A Scope of Services See Attached "Letter of Agreement for Professional Architectural Services," Pages 1 and 2 Last revised 1-23-13 17 MOAULIFFE & COMPANY, INC. LETTER OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES. Cilium. ARCHITECT .Mr. Its Johnson, Planning Director McAuliffe & Company, Inc. City of U Qainta 42-600 Caroline Ct, Suite 102 78-495 CaUe Tampico Palm Desert; CA 92211 La Quinta, CA MM T- 760-773-M F. 760.773.0967 Mchael McAuliffe, AIA CA lic. 27929 PROJECT, DATE: Architectural Programming & 12/12/2012 Conceptual Space Planning for City of La Quince Development Departments 78-493 Calle Tampico La Quints, CA 92253 VIA, TOTAL NO. RMA Liohnson@la-c*ta.org 3 Dear Mr. Johnson, Enclosed please find our Iz= of Agreement for Professional Architectural Services for Architectural PT092000139 and Conceptual Space Planning services in support of your Development Departments improvement project We appreciate the opportunity to work with you and your staff in establishing a project program and developing a corresponding conceptual space plan. Please contact me if you have any questions regarding this Letter of Agreement PROJECT DESCRIPTION The Project is to work with the Planning, BuM% & Safety, and Public Works Department leadership and staff to establish a Project Program. The Project Program effort is a collaborative process about identifying, understanding, clarifying, and documenting client goals and vision befam beginning design work on a project The intent of this Project Program is to improve the physical organization of the Development Departments in order to best support present operational efforts and proposed inter-, operational improvements. The Project is also to prepare a Conceptual Space Plan based on the parameters and Priorities determined in the Project Program. The Conceptual Space Plan is to convey a diagrammatic organization of the variety of services functions, appropriate space allocations, and interrelationships: SCOPE OF SERVICES Ike Architect shall provide the following professional services: 01 ARCHITECTURAL PROGRAMMING • Conduct an initial project lack -off meeting with the Department Directors ■ Issue information gathering questionnaires to each of the Departments ■ Conduct programmatic research and compile gathered information in preparation for Programming Session ■ Conduct an on -sine Programming Session to document Client's project goals, concepts, and needs. Programming Session will consist of (4) meetings: o Department Directors (leadership team) (approx. 2 hr. meeting) o Planning Department Director & designated staff (approx.1 hr. meeting) o Building & Safety Director & designated staff (approx. l hr. meeting) o Public Works Department Director & designated staff (approx..1 hr. meeting) 02 CONCEPTUAL SPACE PLANNING ■ Prepare. Conceptual Space Plan design based on established Project Program ■ Conduct a design review meeting with the Client leadership team ■ Make minor refinements as needed (1-iteration) to Conceptual Space Plan ■. Prepare final document package of Project Program & Conceptual Space Plan (electronic format) ■ Conduct a final team meeting to issue and review Project Program & Conceptual Space Plan paw. CONSULTANTS Architect will not provide any consultants for this Project. CLIENPS RESPONSIBILITIES The Client shall be responsible for the following items: • Participate in initial kickoff meeting; ■ Provide the Architect necessary CAD files, support documentation, and questionnaire response information in support of the Programming Session; ■ Provide access to necessary locations on site for review purposes; ■ Attend Programming Session meeting(s); to be attended by Department Directors and appropriate staff representative of each of the three departments; EXCLUSIONS The Architect shall not provide any services other than those expressly sated in "Scope of Services" above. Additional Services requested by the Client shall be agreed upon between the Client and the Architect in writing and for additional compensation. Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Seven Thousand Nine Hundred Fifty And No/100 Dollars ($7,950.00) ("Contract Sum") and reimbursable expenses not to exceed One Thousand and No/100 Dollars ($1,000.00). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. A retainer fee of $2,000.00 is to be paid from the contract sum amount upon approval of contract and prior to commencement of work. (See also — attached Page 3 of "Letter of Agreement for Professional Architectural Services.") Last revised 1-23-13 18 COMPENSATION Compensation shall be as follows: 01 Architectural Programming FIXED FEE of $4,350.00 02 Conceptual Space Planning FIXED FEE of $3,600.00 McAuliffe & Company, Inc standard rate schedule for AMMONAL SERVICES: Principal/Design Architect $I50.00/Hr. CAD $75.00/Hr. Administrative $50.00/Hr. ReimbumWe ExMsec: The Client shall reimburse the Architect for expenses incurred in interest of the Project, plus fifteen percent (15%). Reimbursable expenses include reprographics, presentation materials, and shipping. Reimbursable expenses are in addition to fated fees. An initial payment of $2,000 shall be required and is due upon execution of this Letter of Agreement. Billing shall be monthly and on a percent -complete basis. If this Agreement meets with your approval, please sign and return a copy to me. Upon receipt of the executed Agreement and retainer, we will commence work on your project within 5 business days. We appreciate the opportunity to work with you and look forward to an exciting project. Respectfully submitted, hlfrcbad T. McAuliffe, AIA President C 27929 ACCEPTED: 42.600 CAROLINE CT., SUITE 102 .PALM DESERT, CA 92211 T:760.773.0907 P:760.773.0967 mich�el®mcacoioaeom Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. (See also — attached "Departmental Programming & Conceptual Space Plan") OPP12-M at7 of La Quinte DEPARTMENTAL PROGRAMMING & CONCEPTUALSPACE PLAN PROGRAMMING Project Kick-off MiG. - hiforma0on Gathering 8: Pre-progntag Programming Session Compile Program _ „7="3":<S CONCEPTUAL SPACE PLAN Spaceplan Design Client Review MTG Space Plan Refinements Final Client Review MTG PROFESSIONAL FEES. ARCHITECT HRS $$TOTAL 2 300 16 1,500 12. 1.350 12 1,200 0 42 4,350 55% 20 2,100 2 300 8 900 2 300 0 32 3,600 45% 0 0 0 0 0% 74 7,950 100% 7,950 IOD% 0% 0% 0% Total 7,950 100% Exhibit D Special Requirements NONE Last revised 1-23-13 20 Client& 12712 MCAINLC(IMp ACORD- CERTIFICATE OF YYYn INSURANCE LIABILITY W101201LEaL PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION Deatey, Renton & Associates P. O. BOX 10550 Santa Ana, CA 92711-0550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714427-GBIO INSURERS AFFORDING COVERAGE MAIO0 BINNED INSURER A; Travelers Property Casualty CO 25674 McAuliffe & Company, Inc' 3T-707 Cohlbrldge St.INSURERG Palm Deaer% CA 92211 . INSURER B: XL Specially Insurance Co. 378B5 'wsuRERo: INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - TR TYPBOPDWWAMM POLIOYNUMBER OUO E LaDIB A OBMMULABILITY - 08020541.310 06/01/12 OOM1113 FncRDcaRREr«E $0 f1 000 00 commaRcIAL GENERAL umury General Llab. cuuMs MADE ER OCCUR excludes claims MEDEXP WWTM1FI.~I $10 00 PERSOMALaAMiMURi $Z000.000 arising Out of GENERAL AGGREGATE IMLOW1,000 the peformance GEHL AGGREGATE UICTAPPLESPER P'RODUcrs-comproPAoa f4000000 of professional - PRO- LOG POLICY MJECT SBTVICeS. AUTOMOBILE . LIABILITY ANYAUTO - COMBINED GINGLELIMrr f pMFDIj Y L ALLOWNEDAUIOS BCIIFDULEDAUTOS - �IeLYINJURY WQ s KF&D AUTOS xANEDAu rDaros PROPERTYDAMMLE IPeracNex4 f GARAGE LABSITY AUTO ONLY-E AACCDENT f Of1ERTHA N EAAOC f ANY AM n f AUTO ONLY: AGO O(CpgUIBIMLA LIABRITY FACIE OCCURRENCE f OCCUR MCIAWSMADE AGGREGATE f f f DEDUCTIBLE f RETENTION f Y/CBTAT CA HORIUMCOMPEMTIOMAND ELFACHACODENT f EMPLOYERS' LIABILITY ANY PRORSETO"ARTMEREXECUNYE OFHCEWAEMBER E%CUANW EA.. DISEASE -EA F'AeLOYEE f E.L. DISEASE -POLICY LIMIT f R w'2MQ FAr B OTMBIT Professional Liabmty OPS9700418 0.6101H2 O0101113 81,OOQ000 per claim $1,000,000 anal aggr. Claims Made DN WPnM OF OPERATION I LOCATIONS IVEMCLU I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROMONS Re: AR Operations as pertains to named Insured. City of La QuInta and uts officers and employees are Additional hlaured as respects to General Liability coverage as required by written COvdmCL Separation of Insureds (See Attached Descriptions) City of La Quints Planning Department 784M cane Tampico Le Quhlta, CA 92253 OFTIBI ABOVE DEBCR®CDPfAASEe P, THE 188111MDBISURERWL.L•$MAEL _90_ oAre WRmBII . 1 of 2 0"56241M451734 TMN e Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the flrst Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim is made or suit Is broughL MtlWBRe & Company. Inc. 6802054L310 0=1112 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This andoreement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section tin) for this Coverage (section 11): Part. Any person or organization .that you agree In a S. The followingis added to Paragraph a. of 4. ' "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL dude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring Insurance" that the insurance caused, in whole or In part, by your acts or omis- provided to an additional Insured under this Cov- slons or the acts or omissions of those soling on erage Part must apply on a primary basis, or a your behalf: primary and non-cmltributory bests, this insurance a. In the performance of your 'ongoing opera- is primary to other Insurance that is available to j qons; such additional insured which covers such add!- b. In connection with premises owned by or tional Insured as a named insured, and we will not share with the other Insurance, provided that: rented to you; or c. In ccrnnectiori with "your work and Induced (1) The "bodily Injury' or "property damage" for within the "products -completed operations which coverage Is sOUght occurs; and hazard", (2) The "personal injury" for' which coverage Is Such person or organization does not quality as sought arises out of an offense committed; an additional Insured for "bodily Injury", "property after you have entered into that "contract or damage" or "personal injury* for which that per- agreement requiring Insurance".. But this Insur- son or organization has assumed liability In a con- once suit is excess over valid and collectible other tract or agreement; insurance, whether primary, excess, contingent or The insurance provided to such additional Insured on any other basis, that Is available to the Insured when the Insured is an additional insured under Is limited as fellows: any other insurance. d. This Insurance does not apply on any basis to arty person or organization for which cover- C• The following is added to Paragraph & Transfer. Th age as an additional Insured specifically Is Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL UABILiTY COW added by another endorsement to this Cover- DITIONS (Section IV): age Part. e. This Insurance does not apply to the r0 der- We wake any rights of recovery we may have Ing of or failure to render any "professional against any person or organization because of "Property servlose. payments we melee for "bodily Injury', f.. The limits of Insurance afforded to the adds damage" or "pereonol Injury' arising out of "your work" performed by you, or on your behalf, under tional Insured shall be the limits which you agreed In that "centred or agreement regain a "contract or agreement requling Insurance" with ing Insurance' to provide for that additional that Person organization. We waive these rights only where you have agreed to do so as Doctors - Insured, or the limits shown In the Doctors tons for this Coverage Part, whichever are part of the "contras or agreement requiring fnsur- less. This endorsement does not Increase the limits of Insurance stated in the LIMITS OF ante" with such Person or orgondzatiO n entered into by you before, and in effect when. the "bodily CO 03 8109 07. 02007 The Travelers Canpanies, Ina Page 1 of 2 InCtudes Ore CoovrlaMed metensl 01lnsuranoe SerAm 0MCe. Inc.. with Ina aenniesion COMMERCIAL GENERAL LIABILITY Injury" or "property damage occurs, or the "per- sonal Injury offense is committed. D. The following definition is added to DEFINITIONS (Section V): 'Contract or agreement requiring Insurance". means that part of any contract or agreement un- der which you are required to include a person or organization as an additional Insured on this Cov- stage Part, provided that the 'bodily Injury" and "property damage" occurs, and the "personal in - Jury is caused by an offense committed: a. Auer you have entered Into that contract or agreement: b. While that part of the contract or agreement is. In effect; and c. Before the end of the policy period. Page 2 of 2 02007 The Travelers Compenles, Inc. CG DS 8109 07 Includes Ore cocvdalded metedal of Insurance Servlces Offloe. Inc.. vdlh 0s omrnbdon CERTIFICATE OF LIABILITY INSURANCE JRD R001 GATE a1MN)OIYYYI7 01-14-2013 THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDFR. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy(ies) must be endorsed. It SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not Confer rights to the PAYCHEX INSURANCE AGENCY INC' PHONE 210705 P:()- F: (888) 443-6112 " PO BOX 33015 a:. SAN ANTONIO TX 78265 i INSURERISG AFFORDING - ---- - INSURER B MCAULIFFE & COMPANY INC INSURERC: 42600 CAROLINE CT STE 102 oamm0: PALM DESERT CA 92211 INSURER E I INSURER F COVERAGES CERTIFICATF NIIMRFR• oonc,nu m amen. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPE OF INSURANCE POLICY AMMSER SIIO/YYY17 MUAVO/YYYYJ LAM GENERAL L[gM/TY EACH OCCURRENCE PREMISES IFa a COMMERCIAL GENERAL LIABILITY CLANS -MADE OCCUR ❑ ❑ MED EXP one a PERSONAL B ADV INJURY a GENERAL AGGREGATE a 'L AGG T POUCY LIMn PER: ROLoc PISCY PRODUCTS - COMPIOP ACID a a AUTOMOBILE LNSI/rY COMBINED SINGLE LIMIT GEE nowe" a BODILY INJURY (Pa PwwN a .0 ALL OWNED SCNFDULED AUTOS AUTOS HIRED AUTOS NOHOWNEDamiWDAMAGEa' AUTOS ❑ BODILY INJURY (Pa awMaG a PROPERTY DAMAGE II lRNSRELA NIAB OCCUR EACH OCCURRENCE I AGGREGATE / EXCES4NfAQ CL4IMSMAOE ❑ ❑ DEJ I RETENTION a 1 A WONIERSOWMMen AMPSMPLONDM'NNSS/IY . YIN MY PROEM RCRUTBED�UTR/E[ ] OFFIarwMslwr h AM I_I N/A ❑ 76 NEO RL906B 07/Ol/Y01] 07/Ol/2013 X WC STATtF OTH- . E.L. EACH ACCIDENT E 1 000 000 E.L. DISEASE - EA EMPLOYEE / 1 000 000It . DESSCCRIPIION OF OPERATIONS Wow E.L. DISEASE -POLICY UNIT a 1,000,000 ❑ ❑ OESCIMMON OFOPBMTNNS/{OCATNMQ/IN/R'IESlARd, ADMAN) for. MWGbwtlRwrb SMgd ft Ewa Wgr Naq~ . Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of La Quinta DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 78495 CALLE TAMPICO AUrAV�i>B/ESd AT,VE LA QUINTA, CA 92253 /o-r�7atz4e-� a 1988-201 O ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PAYCNEX INSURANCE AGENCY INC PO BOX 33015 SAN ANTONIO TX, 78285 City of La Quinta 78495 CALLS TAMPICO LA QUINTA, CA 92253 ACORD 25 (2010/05) .. - •Insurance..POLICY NUMBER: A2316707 ,. y Mcv�HYCmI �ubW Getup SAFECO INSURANCE COMPANY OF AMERICA AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: MICHAEL T MCAULIFFE LINDA J MCAULIFFE 37707 COLEBRIDGE ST PALM DESERT CA 92211-2027 AGENT: WEINGARTEN 8 HOUGH 610 S BELARDO RD STE 300 PALM SPRINGS CA 92264-7466 RENEWAL POLICY PERIOD FROM: JAN. 21 2013 TO: JAN. 21 2014 at 12:01 A.IA. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-866-472-3326 RATED DRIVERS MR MICHAEL T MCAULIFFE, LINDA J MCAULIFFE, KAILEY OSGOOD 2006 FORD F150 2 DOOR PICK-UP ID8 1FTPH14546FA29726 2008 TOYOTA SIENNA CE/LE 4 DOOR VAN ID8 5TDZK23C48S220396 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. 81W[i FORIt G3MITS _PRELIM# SCION TOA'T-I2MIT PR_._..URB ._ LIABILITY: BODILY INJURY 0500,000 $ 243.30 0500,000 $ 206.60 Each Person Each Person 0500,000 0500,000 Each Occurrence Each Occurrence PROPERTY DAMAGE $100,000 182.50 $100,000 130.60 Each Occurrence Each Occurrence MEDICAL PAYMENTS $25,000 UNINSURED AND UNDERINSURED MOTORISTS: BODILY INJURY $500,000 Each Person $500,000 Each Accident COMPREHENSIVE Actual Cash Value Less $500 Deductible COLLISION Actual Cash Value Less $1000 Deductible WAIVER OF COLLISION DEDUCTIBLE ADDITIONAL COVERAGES: LOSS OF USE $50 Per Day/$1200 Max ANTI FRAUD FEE ROADSIDE ASSIST 18.10 $25,000 19.20 119.10 $500,000 119.40 Each Person $500,000 Each Accident 102.90 Actual Cash Value 48.50 Less $500 Deductible 242.30 Actual Cash Value 198.20 Less $1000 Deductible 10.70 8.50 36.80 $50 Per Day/$1200 Max 36.80 1.80 1.80 6.50 6.50 TOTAL $ 964.00 TOTAL $ 776.10 You may pay your premium in full or in installments. There is no installment fee for the following billing plans, Full Pay, Annual 2-Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee ise $0.00 per installment for recurring automatic deduction CEFT) $0.00 per installment for recurring credit card or debit card $4.00 per installment for all other payment methods -CONTINUED- P D BOX 515097, LOS ANGELES, CA 90051 SA-1697/EP 9/90 Page 1 of 3 DATE PREPARED: NOV. 25 2012 G14 Insurance.. POLICY NUMBER: A2316707 SAFECO INSURANCE COMPANY OF AMERICA AUTOMOBILE POLICY DECLARATIONS (CONTINUED) NAMED INSURED: MICHAEL T MCAULIFFE LINDA J MCAULIFFE 37707 COLEBRIDGE ST PALM DESERT CA 92211-2027 AGENT: WEINGARTEN 8 HOUGH 610 S BELARDO RD STE 300 PALM SPRINGS CA 92264-7466 RENEWAL POLICY PERIOD FROM: JAN. 21 2013 TO: JAN. 21 2014 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-866-472-3326 RATED DRIVERS MR MICHAEL T MCAULIFFE, LINDA J MCAULIFFE, KAILEY OSGOOD 2996 TOYOTA AVALON XL/XLS 4 DOOR SEDAN IDi 4T1BF12B3TU117043 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. rS'IiYE�RiL61�' _ LIABILITY: BODILY INJURY $500,000 S 361.10 PROPERTY DAMAGE MEDICAL PAYMENTS UNINSURED AND BODILY INJURY UNINSURED MOTORISTS: PROPERTY DAMAGE ADDITIONAL COVERAGES: ANTI FRAUD FEE MOTORISTS: Each Person $500,000 Each Occurrence $100,000 192.90 Each Occurrence $25,000 30.00 $500,000 136.60 Each Person $500,000 Each Accident $3,500 12.70 Each Accident 1.80 TOTAL S 735.10 TOTAL EACH VEHICLE: 2006 FORD $ 964.00 2008 TOYT 776.10 1996 TOYT 735.10 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 2,475.20 ---------- TOTAL12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 2,475.20 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay, Annual 2-Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee iss $0.00 per installment for recurring automatic deduction (EFT) $0.00 per installment for recurring credit card or debit card $4.00 per installment for all other payment methods -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 SA-16971EP 9/90 pane P of 7 DATE PREPAREO: NOV. 25 2012