2014 HR Green Pacific - On-call Engineering Plan CheckPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and HR GREEN CALIFORNIA, INC. ("Consultant"). The parties hereto
agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to On Call Engineering
Plan Check Services, as'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,
and the equipment, materials, papers and other components thereof to prevent losses
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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 Soecial 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 One Hundred Twenty Thousand
Dollars ($120,000) . (the "Contract Sum"), except as provided in Section 1.6. The
method of compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage of
completion of the services, payment for time and materials based upon Consultant's
rate schedule, but not exceeding the Contract Sum, or such other methods as may be
specified in the Schedule of Compensation. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the
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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." i
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,"I shall be paid for in an amount agreed to in writing by both City
and Consultant in adivance of the Additional Services being rendered by Consultant.
Any compensation fo j 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 priori written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Meth I d of Billing. Any month in which Consultant wishes to receive
payment, Consultant ishall 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 theldate 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.
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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 belapproved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the 'services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract
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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 July 1, 2014 and
terminate on June 30, 2015. This agreement may be extended for one additional year
upon mutual agreement by both parties.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Tina York, P.E.
Email: tvork cDhrareen.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principals shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and
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
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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)
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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.
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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 pertainina to provisions of insurance coveraae 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 with an edition
prior to 1992. 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 Contractor and available
or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection without City's
prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
10. Consultant agrees not to self -insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein (with the
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 anytime 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
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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.
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21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
all claims, losses, liabilities of every kind, nature and description, damages, injury
(including, without limitation, injury to or death of an employee of Consultant or
subconsultants), costs and expenses of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, to the extent same are
cause in whole or in part by any negligent or wrongful act, error or omission of
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public 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
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to be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
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.
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7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit,
and make records and transcripts from such records.
7.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Consultant, its employees, subcontractors and agents in the
performance of this Agreement, shall be the property of City and shall be delivered to
City upon termination of this Agreement or upon the earlier request of the Contract
Officer, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the
documents and materials hereunder. Consultant shall cause all subcontractors to
assign to City any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations
in said documents and materials, City hereby releases, discharges, and exonerates
Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Consultant shall not disclose to any other
entity or person any information regarding the activities of City, except as required by
law or as authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
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
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claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and
general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant in
the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
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
Last revised 2-5-14 13
thereafter in accordance with the Schedule of .Compensation or such as may be
approved by the Contract Officer, except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 8.2, take over work and prosecute the same to completion by
contract or otherwise, and Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
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
Last revised 2-5-14 14
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
La Quinta, California 92253
To Consultant:
HR Green California, Inc.
Attention: Roy F. Stephenson
Principal -in -Charge
1100 Town & Country Road, Suite 1025
Riverside, California 92501
10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties
and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and shall
be interpreted to carry out the intent of the parties hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
Last revised 2-5-14 15
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
an ev cek, City Manager Dat
ATTEST:
Susan Maysels, City ClWk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
M. Katherine Jenson, City Attorney
CONSULT
By:
Name:
Title: Ckj i
Date: _1 1_) 1 -f
Last revised 2-5-14 16
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
Susan Maysels, City Clerk
F :2209ll:0l���ll0 0
COh
0
Nam
Date
Title:
Date: 7 1 �f
Last revised 2-5-14 16
Exhibit A
Scope of Services
Plan checking may be provided by an On Call Engineering Plan Check Consultant, as
applicable, with the following scopes:
Plan Checkina
Improvement plan checking will include the review of plans submitted for subdivision
(residential) improvements, commercial developments, and infrastructure improvements
within the City's right of way. The plans shall be reviewed for conformance with local
and other applicable (County, State and Federal) ordinances and standards with a strict
attention to details. Plan check services may include, but are not limited to the
following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new street
plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including Fugitive Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
• To check for design conformance to:
- The approved Tentative Map
- Related Specific Plans
- General Plan and City Ordinances
- Conditions of Approval
- City Standards
- ADA Standards
- The City's Subdivision Plan Check Lists
- Other Agency Requirements such as Riverside County Flood Control District
(RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current Plan
Check Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
- Will not function due to poor engineering.
- Is not consistent with the Approved Tentative Map or Conditions of Approval.
- Will be potentially unsafe to the public.
- Is Impractical to construct.
Last revised 2-5-14 17
All plans shall be reviewed under the direct supervision of a California Registered
Engineer.
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 One Hundred Twenty Thousand Dollars ($120,000) ("Contract Sum").
The Contract Sum shall be paid to Consultant in installment payments made on a
monthly basis and in an amount identified in Consultants Schedule of Compensation
attached hereto for the work tasks performed and properly invoiced by Consultant in
conformance with Section 2.2 of the Agreement.
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$625 per sheet (submittals with 1-5 sheets in quantity)
$600 per sheet (submittals with 6-15 sheets in quantity)
$550 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets may
include title and detail sheets, street plans, storm drain plans, meandering sidewalk and
parkway grading plans, rough & precise grading plans at 20, 30, 40 or 50 feet per inch
scale.
Consultant receives no additional compensation for review of supporting documents
including, but not limited to hydrology and hydraulic calculation reports, soils reports &
engineer's cost estimates, conditions of approval, tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees necessary
to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental payment
for additional plan checks after the third check or for special engineering reports
including Water Quality Management Plans (WQMP) or other engineering reports, shall
be in made at the rates listed in the Schedule of Billing Rates attached herewith for the
actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate
of hours to complete the plan check (after the third plan check) or for special reports
shall be made in writing to the Contract Officer for approval as specified in Section 1.6 -
Additional Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the following
schedule:
Last revised 2-5-14 19
First Plan Check
65% of the Total Plan Check Fee
Second Plan Check
20% of the Total Plan Check Fee
Third Plan Check
15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the Agreement.
If a project is suspended, either definitely or indefinitely, the Consultant shall be
compensated based on the last completed plan check. If the plan check process is
completed prior to the third plan check, 100% of the plan check fee will be paid upon
completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions will
be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for
specific development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$155 per hour — no overtime, travel time, expenses or other administrative charges will
be allowable over and above the stated hourly rate schedule.
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services, Exhibit
"A" of this Agreement in accordance with the attached Project Schedule, attached
hereto and incorporated herein by this reference.
Consultant shall provide services for a term of twelve (12) months beginning July 1,
2014 and terminating on June 30, 2015.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff during
normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn -Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3`d Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional
week for the 1s' and 2"d plan check shall be provided, if necessary to complete a
thorough plan check. The consultant shall advise the Contract Officer, in writing, if
additional time is needed.
Normal plan check operations will be conducted as follows:
1 st Submittal
Upon completing the 1st review, the Consultant shall submit the 'red lined" plans and a
copy of the applicable Plan Check List to the City. The City will provide supplemental
comment as necessary and forward 'red lined" plans to the applicant.
2nd and Subsequent Submittals
Upon receipt of the 2" round plan check submittal from the applicant and upon
completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of
the applicable 2nd review Plan Check List to the City. The City will provide supplemental
comment as applicable and forward 2nd review 'red lined" plans to the applicant. The
process of applicant correction, Consultant review followed by City review and 'red
lined" plan return to applicant shall continue until approvable plans are generated and a
plan approval letter is submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet with City staff and/or the
applicant to review the plan check comments. The Consultant will communicate directly
Last revised 2-5-14 21
with the applicant regarding plan check issues and clarifications. The City desires an
average of no more than 3 plan check rounds before final plan approval.
The Consultant shall also maintain a plan check log as follows to track the plan check
status. The plan check log shall include the following information:
1) Receipt Date
2) Transmittal Dates
3) Who is Receiving the Information
4) Status of Plan Check
5) Project Description and City Plan Check Number
6) Plan Check Fees
The Consultant shall maintain all files for a period of three years. Copies of requested
files will be furnished to the City upon request.
Exhibit D
Special Requirements
At no additional cost to the City:
1. The Consultant shall provide a hand held (type) cellular telephone for each plan
checker assigned to the City Project(s) to assure rapid availability by telephone.
2. The Consultant shall provide his or her own transportation to and from the
designated work site. Consultant will not be compensated for travel time to and
from designated work site.
3. The Consultant shall respond to requests for plan check within twenty-four (24)
hours.
4. The Consultant shall supply all necessary tools and materials to perform their
work.
Last revised 2-5-14 23
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coel�D CERTIFICATE OF LIABILITY. INSURANCE
03/21/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATEOFINSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .
IMPORTANT: H the certificate holder Is an A13DMONAL INSURED, the policy les) must be endorsed. N SUBROGATION IS WAIVED, subject to.
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Coiner dghts to the
certificate holder In lieu at such endo s .
PRODUCER 1-800-300-0325
Holmes Murphy 6 Assoc - CR
C E: Ificbelle Oxuis
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PMOIIE 319-896-7715 FAX �; 866-231-7822
isaholme h'.00m
500 let Avenue HE, Baits 300
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Codar Rapids, IA. 52401 -
INSUMA: Zurich American insurance Company 16535
Ravin Knutson/Paula Dixon
INSURED - - -SC
8R Green California, Inc.
INSURERS: Paul Fire a Mexico One Gb - 1643,
awwaaC: XL specialty Iasuraoce Camp&Oy 37885
IN6YREGG:
1100 Town a country
Suite 1025 -
Orange, Ca 92868
IN6URERB:
nIG11RFRF: '
'
COVERAUES �FTCATF MIIBIRFR• 38904351 - OCVICMIM MIIMRCD•
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 THS
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.
VIR
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GENERAL UhftflrY
OL0373096704
01/01/1
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EACH OCCURRENCE 8 1,000.000
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RENTED $300,000
CAMS E' Q OCCUR
.MED EXP ace pe=n)4 10.000
PFJTSONALaAOV FLAW, i 1,000,000
GENERAL AeO GATE $2,000,000
GEN%AOGREGATELDffTAPn.IESPER:
PRDOUCTB-GXIMPATPAGG 82,000,000
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AGGREGATE 615,000,000
DED I E I RETENTIONIS 10,000
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Per Claim 5.000,000
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-
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DE6CRPTWNWOPEMTg lLaGT IVENCLES (AUMb A00RDIOI. Nona RrnPMSdad,b.Nmon.P bn .b m
The City of La Quint&, its officials• employees and agents ars additional Znsured on General Liability as required by
written contract with the insured, per policy teras and conditions. The General Liability includes a Waiver of
Subrogation in favorofthe City of La pointe as required by written contract with the insured, per policy terms and
conditions.
CERTIFICATE HOLDER - CANCELLATION
®1985-2070 ACORD CORPORATION. All ngntS MSBIYBd.
ACORD 25 (2570!05) The ACORD name and logo are registered marks of ACORD
kbrevercr -
38904351 .. -
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE
City of La Quints.
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED m
-
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: )aria Casillas
78-495 Calle Tampico
AUTHORIZED REPRESENTATIVE I,
La Quints, CA 92253
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®1985-2070 ACORD CORPORATION. All ngntS MSBIYBd.
ACORD 25 (2570!05) The ACORD name and logo are registered marks of ACORD
kbrevercr -
38904351 .. -
WAM
VqW
Additional Insured —Automatic — Owners, Lessees Or ZURICH
Contractors
Policy No.
I Eff. Date of Pol. I Exp. Date of Pol.
I Eff. Date of End.
I Producer No.
I Add'l. Prem
Relum Prem.
LO 03730967-04
01/01/2014 01/01/2015
01/01/2014
37-179-000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: HR GREEN CALIFORNIA, INC.
Address (including ZIP Code):
1100 Town & Country, Suite 1025
Orange, CA 92868
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury' caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
U -GL -1175-F CW (14/13)
Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions: -
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy
in which the additional insured is a Named Insured on such other policy and where our policy is required by a
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
U -GL -1175-F CW (04/13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Additional Insured — Automatic — Owners, Lessees Or ZURICW
Contractors
Policy No.
I Eff. Date of Pol.
I Exp. Date of Pol.
I Eff. Date of End.
I Producer No.
I Add'I. Prem
Retum Prem.
LO 03730967-04
01/01/2014
01/01/2015
01/01/2014
37-179-000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: HR GREEN CALIFORNIA, INC.
Address (Including ZIP Code):
1100 Town & Country, Suite 1025
Orange, CA 92868
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal
and advertising injury' caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted bylaw; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
IJ1BL-1175-F CW (04/13)
Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit' as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary W,_.IgnconVibutory_'iiisu"r`ance,
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial
General Liabllity Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy
in which the additional insured is a Named Insured on such other policy and where our policy is required by a
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section 111— Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
U -GL -1175-F CW (04/13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Waiver Of Subrogation (Blanket) Endorsement
9 mob,
ZURICH
Policy No.
I Ef. .. Date of Pol.
Exp. Date of Pot.
Eff. Date of End.
I Producer
AddT Prem
Return Prem.
GL003730967-04
1 01/01/2014
01/01/2015
01/01/2014
1 37-179-000
S
$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from
others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any
other operations in which the insured has no contractual interest.
U -GL -925-B CW (12/01)
Page I of 1
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STATEMENT OF ECONOMIC INTERESTS °=ue Received i
Ti eceiv
• • COVER PAGE
Please type or print in ink
NAME OF Fa9t (LAST) PIRST) (raont>:)
York Tina Marie
1. Office, Agency, or Court
Agency Name (Do not use acronyms)
City of La Quinta
Division, Board, Department, Disbict, it applicable Your Position
Public Works Department
Development Services Manager
► If filing for multiple positions, list below or on an attachment, (Do not use acronyms)
Agency.
Position:
2. Jurisdiction of Office (check at least one box)
❑ State
❑ Judge or Court Commissioner (Statewide Jurisdiction)
❑ Multi -County
❑ County of
(7>J City of La Quints
i ❑ Other
3. Type of Statement (check at toast one box)
Z. Annual: The period covered is January 1, 2013, through ❑ Leaving office: Date Left
December 31, 2013.
(Check one)
or-
The period covered 45
through O The period covered is January 1, 2013, through the date of
December 31, 2013.
leaving office.
❑ Assuming Office: Date assumed _I-1
O The period covered is _- , through
the date of leaving office.
❑ Candidate: Election year and office sought, if different than Part 1:
4. Schedule Summary
Check applicable schedules or "None,"
► Total number of pages including this cover page. 2
❑ Schedule A -f - Investments - schedule attached
® Schedule C - Income, Loans, & Business Positions - schedule attached
❑ Schedule A•2 - Investments - schedule attached
❑ Schedule D • Income - Gifts - schedule attached
❑ Schedule B - Real Property - schedule allached
❑ Schedule E • income - Gifls - Travel Payments - schedule attached
-or-
El None - No reportable interests onany schedule
5. Verification
MAIUNG ADDRESS STREET
CITY STATE. ZIP CGDE
(Rtines a'AgMAfteu Re ailed -Pubbc Duornwro
1100 Town & Country Rd, Ste 1025
Orange CA 92868
DAY I&E TE EPHCNE NUMBER
E-"LADDRESS (OPTIMAL)
( 951 ) 255-3478
1 tyork@hrgreen.com
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained
heroin and in any attached schedules is true and complete.
I acknowledge this is a public document.
I certify under penalty of perjury under the laws of the State of California that. the foregoing is true and correct.
1 it —,kC L,
A&a
Date Signed evATa ,
signature
� t�an.mr.,z�,
Inameo�r�rraaae �,vw��ad�'a
FPDG Farm 700 (2013/2014)
FPPC Advice Email: advice®fppc.o:aov
FPPC Toll -Free Helpline: 866/275.3772 www.fpPc.m 8ov
SCHEDULE C
Income, Loans, & Business
Positions
(Other than Gifts and Travel Payments)
NAME OF SOURCE OF INCOME
HR Green California _
ADDRESS (Elminess Address Acceptable)
1100 Town&Country Rd,Ste 1025/Orange/CA 92868
BUSINESS ACTIVITY, IF ANY, OF SOURCE
Municipal Consulting
YOUR BUSINESS POSITION -
Development ServicesManager
GROSS INCOME RECEIVED -
0$e0o-$1,000 ❑$1,001-$10,000
F1 $10,001 - $100,000 " W] OVER $100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
10 Salary C] Spotise'aaa ra9+%lered domestic -Partners income
E] Loan repayment ❑ Partnership
Safe of
!Real Arco-ty ce" boat eM l
Corcnission a � RanW Income, kN man source al b1a,OW or rrore
❑ Other
(Descrlbo)
NAME OF SOURCE OF INCOME
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
YOUR BUSINESS POSITION
GROSS INCOME RECEIVED
❑ $ew - $1,000 ❑ S,ao1 - ato,o0o
0 510,001 - 6100,000 0 OVER $100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
] Salary E] Spouae's or regsteved domestk partner's income
[].Loan repayment ❑ Partnership
Ej Sale or
: - iRaaf ➢raOadY caY,aoal, dF)
�] Commission or ❑, Rental Inane, kat eaM.eaurw m. b10,0o0 a more
(Desxiba)
Youare not required to report loans from commercial lending institutions, or any indebtedness created as part
retail installment or credit card transaction, trade in the lender's regular course of business on terms available
members of the public without regard to your official status.', Personal loans and loans received not in a lender
regular course of business must be disclosed as follows:
NAME OF LENDER*
ADDRESS (Btainew Address Acceptable)
BUSINESS ACTIVITY, IF ANY OF LENDER
HIGHEST BALANCE DURING REPORTING PERIOD
M ssm - $1,000
❑
$1.001 - $10,000
$10,001 - $100,000
❑ OVER $100000
Comments:
RATE TERM (Mord&Years)
I=-
:URITY FOR LOAN
Nana d Pare ew residence
❑. Real Property
i &+Bal as:irass '..
ally
Q Guarani
UNer
FPPC Form 700 (2013/2014) Sch. C
FPPC Advice Email: advice@fppc".gov
FPPCToll-Free Helpline:866/275-3772 www.fppcca.gcv