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2016 InterWest Consulting Group - Engineering Plan Check ServicesPROFESSIONAL SERVICES AGREEMENT TSPROFESSIONAL SERVICES AGREEMENT (t "Agreement") is made and enters into by and between the CITY OF LA QUINTA, ("City"), a California unici al corporation, and Interwest Consulting("Consultant"). The partieshereto agree follows: 1.0 SERVICES OF CONSULTANT 1.1 Sid e of Services. In compliance with a[[ terms andconditions of this Agreement, Consultant shall provide those services related o On -Call Engineering Plan Services,Check asspecified in the "Scope of Services" attached hereto as Exhibit" and incorporated rei y this reference (t "Services"). Consultant represents and warrants Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herei and, in light of suchstatus and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required ereu er. For purposes of this Agreement, the phrase"highest rofessio al standards" shall meanthose standards o practice recognized one or more first-class firms performing similar services under similar circumstances. . Cora fiance ith Law. All services rendered hereunder shall be provided i accordance with all ordinances, resolutions, statutes, rubes, regulations, and laws oft e City n any Federal, State, or local governmental agency of competent jurisdiction. 1.3 LicensesPermits, Fees and AssessMents. Except as otherwise specified rein, Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required law forte performance of the Services required y this Agreement, including a City of La Quinta business license. Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense,keep in effect at all times during the term oft is Agreement any licenses, permits, and approvals that are legally required forte performance of the Services required this ree ent. Consultant shall have the sole obligation o pay for any fees, assessments, and taxes, plus applicable en lties and interest, which maye imposed by law and arise from or re necessary for the performance oft e Services required this Agreement, and shall indemnify, of (with counsel selected by City), and holdCity, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed ain City hereunder. Consultant shall be responsible for all subcontractors' compliance with thisSection. .4 Familiarity_jm th Work. By executing this ree e ; Consultant warrants that (a) it has thoroughly invesi ate and considered the Services to be performed, ( ) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it hascarefully considered ho the Services should e performed, a O it fully understands the facilities, difficulties, and restrictions attending rfor nce oft e Services under this Agreement. Should Consultant discover PAVEVEMMM VYZ&wkl Contract Officer (as defined in Section 4.2 hereof). 1.5 Standard of Care. Consultant acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to a heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of quality as set forth in this Agreement. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Consultant, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for a[[ such damages, to persons or property, until acceptance of the Services by City, except such tosses 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 Co-11sultaft. 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") only when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform anyAdditiona[ Services without compensation. Consultant shall not perform any Additional Services until receiving prior it authorization from the Contract Officer, incorporating therein any adjustment in W the Contract Sum, and/or (ii) the time to perform this Agreement, is said adjustments are subject to the written approval of Consultant. It is expressly understood by Consultant that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Consultant to secure the Contract Officer's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for property authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.7 SDecial Reouirements. Additional terms and conditions of this Agreement, if any, is are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"), is is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. Last revised April 2015 -2- f i r041214M 61411WRIA11111 • r ! r ► ` f ' f ': i # ° giMMINVOMM • i- iLIUH IH f+ r ! i1 L I I # L L # Z2 A !r i "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 percentage of # i -, r of 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 f i` # # The Contract Sum shall!' the attendance of r f at all project meetings reasonably deemed necessary by City; Consultant shall not be entitled to any additional ct: i` i # t attending f # meetings. may include reimbursement for actual and necessary expenditures for reproduction costs, transportationexpense, .r # expense, and similar costsand expenses wh' and if specified in the Schedule of Compensation. Regardless of the method of compensation a Bit i■ # i, f # 1 r ., . . � r f f i i # ` f • • i f ' f 1 r • � i ' i # • 1 ! 'f ' `# f;• irr # •! r i r ►f •. it f Y..r• # f f f i # i �' • ! # r • f Y • • • * ' i i 1, #' f f # •i "f t r r rr i # f •f' • • Y#1 r -f ' it !, `f # f f � • r i ! f w t Y 3.0 PERFORMANCESCHEDULE 3.1 Dome_&Esseace. Time is _ f the essence in the_ performance of_ is Agreement. rt. If the Servicest in accordanceit c t Performance, as set forth in Section 3.2 and Exhibit C, it is understood that the Cityill suffer 3.2 Scheduler r c . All___ Services rendered _ pursuant to this Agreement shall r rdiligently within the time period established in Exhibit C (the "Schedule of Perfor c "). Extensions to the time period specified in the Schedule Performance may be ar v in writingContract is r. 3.3 Force l` r. The timeperiod specified in the Scheduler r c r e— performance of the Services rendered rs t to this rextended because any delays due to unforeseeablecuss beyond the control without the fault r negligence of Consultant, including, but not restricted t, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight r , acts of any governmental agency other than City, and unusually severe t r, if Consultantshall withinten () days of the commencement c delayti the Contract Officer in writingcauses f the delay. The Contract Officer - shall ascertain the facts the extentf delay, and extendi for performing Services r the periodforced l if in his or herjudgment such! i justified, the ContractOfficer's determination shall be final and conclusive parties to this Agreement. Extensionsto time periodin the SchedulePerformance which aredetermined r ct Officer to bejustifiedpursuant i cishalt t entitle the Consultantadditional compensation in excessContract 3.4 Term. Unless_earlier terminated__ in accordance withSections 8.8_ or 8.9 oft Agreement,term this r ent shallc c r i to on June 30, 2017 (initial term). This agreement may be extended for two O additional year(s) upon mutual agreement by both parties(extended term). 4.0 Q0ORDINATION OF WORK 4.1The following pri ci is of_Consultant ("Principals") are herebydesignated i inci is and representatives Consultant ri 0 act in its behalf with respect isspecified herein make all decisions in connection ther it a. James G. Ross E-mail: iLoqs Pinter str cm It is _expressly unrt _ that the experience, knowledge, capability, reputation r ing Principals were a substantial inducement for City to enter into this Agreement.Therefore, the foregoingri ci is shall be responsible ui the term f this Agreementf r directing all activities of Consultantdevoting sufficient tit Last revised April 2015 4 personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals ay not be changed by Consultant and no other personnel may be assigned o perform the Services required reun r without the express written approval of City. 4.2 Co tract Qfficer. The "Contract Officer" shall be Timothy R. Jonasson, Design and Development Director/City or such other person as may be designatedi writing the City Manager of City. It shall be Consultant's responsibility to assure that e Contract ffic r is kept informed progress of the performanceof the Services, and Consultant shall refer any decisions, that muste made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required re n er shall mean the approval oft e Contract Officer. The Contract Officer shall av authority to sign at[ documents on behalf of City required ereu r to carry out the terms of this Agreement. 4.3 Prohibition AaainstSubcontractim or ssi nntont. The experience, knowledge, capability, and reputation of Consultant, its principals, and its employees were a substantial inducement for City to enter into tis Agreement. Except as set forth in this Agreement, Consultant shall not contract ith any other entity to performin whole or in part the Services required ereu er without the express written approval City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, withoute prior written approval of City. Transfers restricted hereunder sall include the transfer to any person or group of persons acting in concert of more thant sty five percent (%) of the presentownership an /or control of Consultant, taking all transfers into account on a cumulative basis. Any attemptedor purported assignment or contracting Consultant without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Consultant of any liability hereunder without the express consent of City. 4. Inria en ent Contractor. Neither City nor any of its employees shall have any control over the_manner, mode, or means by whichConsultant, its agents, or its employees, erfor rvices required rei , except s otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixingit number or hours o service. Consultant shall perform all Services required rein as an independent contractor of City and shall remain at all times as to City a whollyindependent contractor with only such obligations as are consistent withthat role. Consultants all not at any time or in any manner represent it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to e a partner of Consultant in its business or otherwise or a joint venturer or a member o any joint enterprise with Consultant. Consultant shall have no power to incur n s , obligation, or liability on behalf of City. Consultants all not at any time or in any manner represent that it or any of its agents or employees area ens oremployees of City. Except fort e Contract Su ai o Consultant as providedin this Agreement, City shall Last revised April 2015 5- not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors 5.0 INSURANCE 5.1 Insurance. Prior to the beginningServices r this Agreement throughoutr i of the term this r n, Consultant shall procure maintain, its sole cost and expense, and submitconcurrently it its execution of this Agreement, lici insurance as set forth in Exhibit(the "s r c it n ") which is incorporated her i this reference and ex r sy made a parthereof. 6.0 INDEMNIFICATION. .1 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend( i counsel e ct y City), and holdrCity and Last revised April 2015 any and all _f its officers, employees, _ _ts, and volunteerss set forth i_ Exhibit ("Indemnification") which is incorporated her i i reference and ex r l part hereof. 7.0 RECORDS AND RFPORTc,. .1 ft tss. Consultant shall rig is lly prepare and submitto the Contract Officer such reports concerning Cons la t' ror nc the Servicesrequired is Agreement s the ContractOfficer shall require. Consultant r acknowledges that City is greatly concerned about the costthe Services to be performedpursuant to this Agreement. For this reason, Consultant r if Consultant becomes awareany facts, circumstances, techniques, or eventsthat may or will materially increase or decrease cost of the Servicescontemplated hereinr, if Consultant is providingdesign services, the cost of the project being designed, Consultant shall r notify Contract Officer of said c, circumstance, technique, r event and the estimated increased r decreased cost related ther o and, if Consultant is providingdesign services, the estimated increased or decreased cost estimate r the projectbeing designed. ._ Records. Consultant shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited r ll reports), studies, or other documents relatingo the disbursements charged o City andthe Services r r o r u or ( "Books and Records"), as shall be necessary or orServices required this ro ant and enable the Contract Officer to evaluate the performance of such Services. l such Books and Records shall be maintainedin accordance wi r ll accepted cc u tiprinciples and shall be complete and detailed.Contract Officer shall have full and freeaccess such Books and Records at all times duringnormal ui shours of City, including rightto inspect, copy, audit, and make records n transcripts from suchBooks and Records. Such Books and Recordsall be maintainedr a periodf three (3years following completion of the Services hereunder, and City shall have access to such and Records into event anyi is required. v nt of dissolution of Consultant's business, custody o and Records may be givenCity, and access shall be provided Consultant's successor in interest. r California Government Section ., if the amount of public funds expended underthis o exceeds Ten Thousandoll r(, ), this Agreement shall be subject to the examination and auditOft the State Auditor, at the request of City r as part of any auditCity, for period of three ()years afterfinal payment under this r t. 7.3 Qwn r hi of ocurn r ts. All drawings, specifications, maps, designs, photographs, studies, surveys, data,notes, computer files, reports, records, C ts, and other materials plans, drawings, estimates, test data, surveyresults, models, renderings, and other documents or works of authorship fixed in any tangible i of expression, including but not limited to, physical drawings, digital renderings, or data storedi i a ly, magnetically, or in any other medium preparedcaused to be prepared Last revised April 2015 -T by Consultant, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Consultant shall have no claim or urther "-- N, all damages resulting therefrom. In the event City or any person, firm, or corporation authorized by City reuses said W CL L CC111C11LV11WtWtRU1 force and effect. 7.4 Udbn�slncl-offihtelkec�tual This Agreement creates a non-exclusive aO- er etual license for CitXto coov use mod V. reuse. or sublicense an% and all coDvria d Materials the subcontractor prepares under this Agreement. Consultant represents and to-ws tw ix #i,d twl the purposes intended by this Agreement shall b at City's sole risk. 7.5 Release of Documents. The Documents and Materials shall not be released �41=:lkl 01 Last revised April 2015 -8- California8.1 Low. This Agreement shall be interpreted, construed, and governed both as to validity n o performance of the partiesin accordancei the laws of the State of California. Legal actions concerning n dispute, claim, or matter arising out of or in relation to this ree enshall 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 an agrees to submitto the personal jurisdiction of such court in e event of such action. .2 DjWutes. In the event of any dispute arising under this Agreement, the injured arty shall notify the injuring arty in writing of its contentions by submitting a claim therefore. e injured r shall continue performing its obligations hereunder so long as the injuring arty commences to cure such defaultwithin to () days of service o such ice and completes the cure of such default withinforty-five (4) days after service of the notice, or such longer period as may be permitted by the ContractOfficer; provided that if the default is an immediate n er to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Sections all be a condition r c e to termination of this Agreement for cause and o any legal action, and such compliance shall not be a waiver of any r`s right to take legal action in the eventthatthe dispute is not cured, rovi e that nothing herein shall limit City's right o terminate this Agreement without cause pursuant to Section 8.8. Duringe period of timeConsultant is in default, City shall hold all invoices and shall, when the default is cured, proceed withen on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any periodof default. .3 Retention of Funds. City may withhold from ny monies payable to Consultant sufficient funs to compensate City foray losses, costs, liabilities, or damages i reasonably believes were suffered by City due to the default of Consultantin the performance of the Services required y this Agreement. .4 Waiver. No delay or omission in the exercise of anyright r remedy of anon - defaulting r nay 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 subsequentact 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 oft is Agreement. .5 Riahts and Remedies are Cumulative, Except with respect to rights an remedies expressly declared to be exclusive in this Agreement, the rights and remedies o 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 fort e some default or any other default by the other party. Last revised April 2015-9- Last revised April 201 -10- entitled to attorneys'fees shall be entitledt_ all other reasonable costs for investigating such action, taking depositionsn iscov r, and allother necessary costs the court allows which are incurred in such i i ti . AU suchs shall be deemed to have accrued on commencement such cti shall of rc whether or not such action is prosecutedj e t. The court in the sameaction or in a separate action r for that purpose. 9.0 CITY OFFI-ERI;Y NONDISCRIMINATIC N. 9.1 No _ officer, official, , agent, representative, or volunteer of City shalt be personallyliable o Consultant, or any successor in interest, in the event or any default or breach by Cityr for any amount which may becomeu to Consultant or to its successor, or for breach of any obligation f the termsoft is Agreement. 9.2 Con i t . Consultant covenants that neither i, nor any officer r principalofit, has or shall acquireinterest, directly r indirectly, hic l conflict in any manner with the interests of City or which wouldin any way hinder Consultant's performance of the Servicesunder this Agreement. Consultant further covenants that in e performance of thisAgreement, no person having any such interest l employedit as an officer, lye , agent, or subcontractor without the express written consent of the Co tract Officer. Consultant agreesall times avoidconflicts of interest r the appearanceany conflicts of interest wi the interests of City in the performance of this Agreement. No officer or employee i_ shall have any financial interest, _direct_ r indirect, in this Agreement nor shall any such officer or employee participatein any decision relating tot is Agreement whicheffects i I a ci tit rest or the financial interest of ny corporation, partnership or association in which he i, directly or indirectly, interested, in violation of any State statuter regulation. Consultant warrants that it has t paid or given and will not pay or give any thirdart o or other consideration for obtaining thi r 9.3 Covenant . Consultant covenants that, by and for itself, its heirs, executors, assigns,l persons claiming er or through them, that there shallo discrimination againstr segregation o, any person or group of persons on account of any impermissible classi Ic ti n including, of limited , race, color, creed, religion, sex, marital status, sexual orientation, national origin,r ancestry in the performance of this Agreement. Consultant l affirmative ci n to insure applicants are employed and that employeesr r tduring without regardto their race, color, creed, religion, x, marital status, sexual orientation, national origin, or ancestry. Last revised April 21 _11 10.0 _MISCELLANEOUS PROVISIONS_ 10.1 Notice. Any _ notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be i writing it r s v rs ll r sent by prepaid, first-class it address t fortht Either party may change its address by notifyingthe other party of the change of address in writing.tic ll be deemed communicated fort - i hours r time of mailingif maileds provided in this Section. To City: To Consultant: CITY OF LkQUINTA Attention: Timothy R. Jonasson Attention: James G. Ross Director of Designv l 431 S. Palm Canyon Dr., Suite 78-495 CalleTampico Palm Springs, CA 92262 La i t , California _10.2 Interpretation. The_ terms is Agreement shall be construed in accordance with the meaninglanguage sed and shall not be construed r or against either party tarsi is Agreement or any other rule of construction which mightotherwise ! . 10.3 Section leain s and Subheadings. The sectionheadings and subheadings_ contained in thisAgreement are included r convenience only ll not limit t otherwise affct the termsis Agreement. 10.4 Counterparts is Agreement may be executedin counterparts, _each of _ is shall be deemed to be an original, and such counterparts ll constitute one and the same instrument 10.5 Integrated Agtgement. This Agreement including the exhibits r is the entire, complete, and exclusiveexpression the understandingthe parties. It is understoodt there are no oral agreements t the partieshereto affecting this Agreementthis r supersedes cancels ll previous negotiations, , and understandings, if any, between the parties, and none shall be used to in this Agreement. 10.6 Amendment. No amendment to or modification f this Agreement shall valid unless made in writingapproved s It the CityCouncil of City. The parties r is requirement r written modifications cannot be waived that any attemptedwaiver shall be void.___ 10.7 Se era it ty. teventthat r more of the _ _ articles, _ phrases, sentences, clauses, paragraphs, or sections contained in this r t shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining aric! r s, sentences, clauses, paragraphs, or sections this Last revised April 2015 -12- Agreement which arera declared severable anshallbe interpreted to _carry_out __ the intent of the parties hereunder unless the invalid pr visi n is so material that its invalidity depriv s either partyf the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair i raic ai ® In entering into this Agreement, Consu tant offersand agrees to assignto Cityall rights, title, and interest in and to all causes action it may haveSection of the Clayton Act( .S. r under the Cartwright c(Chapter 2, (commencing i Section ) of Part2 of Division Business r ssio Code), arising from purchasesgoods, services, or materials related to this Agreement. This assignment shall be made and becomeeffective t the time City renders in payment to Consultantit further acknowledgment parties. 10.9 o Third Part l anafi iori ith the exception of the specific provisions set forthin this r nt, there are no intended it - rt fici ri s under this Agreementno such other thirdparties shall have any rights or obligations hereunder. 10.10 Authority® The persons executing this Agreement on behalff__ each of the parties hereto represent and warrantthat (i) such partyis dulyorganized xisti , ii) they are dulyauthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executinghis Agreement, such partyis formally oprovisions f this Agreement, and (iv) that enteringinto this Agreement does not violate any provision any other Agreement to whichsaid is bound. This Agreement shall be binding the airs, executors, administrators, cce rs, and assignsthe parties. [SIGNATURESL LOWING PAGE] Last revised April 201 -13 WITNESSIN ties have executed this Agreement as of the dates stated below. CITY _ F LA QUINTA, California iipal corporati Digitally signed by Frank J. Spevacek DN: Y- ..,. - serialNumber=g8z17znOv5Ow4d3x, _. c=US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek c Date: 2016.07.11 17:35:56-07'00 FRANK J. SPEVACEK, City Manager Title: Dated: TT Digitally signed by Susan Maysels - DN: serialNumber=j4r7lllg1 ppsr45f, c=US, st=California, I=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.07.11 18:05:06-07'00' SUSAN MAYS , City Clerk La Quinta, California APPROVED AS TO WILLIAM H. IHRKE, City Attorney City Quinta, li r i Last revised April 2015 14- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONSULTANT: a California municipal corporation A (Nam, Tames & ROSS FRANK J. SPEVACEK, City Manager FU C' ated°Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California WILLIAM H. IHRKE, City Attorney City of La Quinta, California Last revised April 2015 -14- Exhibit A Scope of Services element's Tar orW, City. spedk s&Mces,, We dell m eked and IhcrA*, p4an, m iew se"im, for aswance at cotrviancewb ag, Fener*, State, Camovy, and CMy ado p ". codes and ordinarxes, The City ran expwa of technical assisIance L-, ah.,Mects, engineers, can vactors, develapHears. and most -,impDdanly the hoirse-owet, Our staf of eserleiioed engin ftzn, wh4ects and plan chec*e possesm " abiftf 4o provide assistwe tftugh The plan dwckingptooess, 10� I/ the City- ENGINEERINGPLAN REVIEW moft invodamly, we possess 1ho knowledge ar4 skills ftmsary to , alp mt9rate the weswy erqmeenng ices w0th Me Ojqs s1aM toycreate a dessign Plan check pmess tbat is coadlimaled, consment, and p' 1 l We° Vise dssr role and "fission as facilitating " slim dell" of high quality design plan sherir pqwft b Taking a g v e, trs approash, Safardog, tive needfens conlonranoa to sandaft wd mquiatoris wM %eft—ed for predx1tability, wiform4y, and eftency, Having a goal of'no uses& for ftapocaml and the spay, an is rn whmh a seamAess dniqv Plan miew pmcess to Prevent imerwetl conswing Group propr ¢ to Corr r t ar, theaing prxess of all vripmvememplans relaW to privale d veWpment (excluding boltding?and related pfaesf indodirg njf a ardety of gratdng p)ans firms adr rontgh gradmg and pteme grading), strut 00mmivent plans f e tom, mahabRitadon, and ), Stm 4mmage plans, Hydrology Hy*aulic cialculatons and reports, Engineem repads, UgMe dwsl cone l p rrms. (P' ti0),, Stem wafer polluboft pre en Gans .and Water Quatty kfanagement Plena IAQMP, NPIDES, MS4), erosrdn and to ad4lan t ,ndMdval plan; check r. we will prov4e rdepen ent voiew of technical stsrdies aM repols (in semet studies to rc zWles, geotechr at rspofts, sto rrr rater pollutoo owerdoWNP DES slam, MA *met q"kty management ptdns, and der appfdphate rou° of the anal is and peoposed mitigation, S ices it also InOs* uie and -ic ion of Right -of -Way `w pis shcltrdmg, but rot l it gal desuirrions bp eawnenm dedi as urns. M fief adjusirr°rant dnd p c l rs ' pirzl scenwo for Whaf we do r llaled to the review and poacezinj of trial rr, s Aodrupe plays improvervent= plans, by arA h auhm cal fa ns ar°,d plans, jeolachnical vui:tees and nat6c engineermg and ow, aims plans and repons, fdil wWe Mt Wheat w4h Ober CIN staff and auWde aq commeft r JrAefWeSj ¢.. , ptld 4.l mad "ineeM ateto arbiSt We can pmv* these s coda ntOrb tmEqfarres. _ tit a °kin i I be averwen d stonal enj cvtkofta of by acensed Land sumycm ngin tnglav of grading petmitapokadoms i pmpamed grttt fit? , Y entitled camtrwcial � a h 104 sumviwft, nt a priena to r Sods teportm will be waluatel and vmfnnadon of t coaditons will be evateted to inw, tain wntinuity d pattems o iromlrua im ovw, MM we post cans ucbm Me stogy wader 4uality mnagement permt in eft- mmunt tttt Ptah Review Results Ply revem with ait 0 n sotnnlants and redir a g is€at r *Mr t set of Pansbe tenimed to tl Maximum Proposed Turnaround Time On -Site Consultant Services a Meeting Attendance Electronic Plan Check Services Plan Review Tracking Method Customer Service PROJECT CONTROLS Exhibit Schedule s do With the xc tin of compensation for Additional Services,_ provided for i Section this Agreement, the maximumcompensation to be paidConsultant under this Agreement i($50,000) ("Contract Sum"). TheContract shall be paidto Consultantin installment is made on a monthly basisin an amount identified in Consultant's schedule compensation t c hereto for the worktasks performedand properlyinvoiced s It n in conformance with Section. this e to Check Compensation Plan check ll be made i" full of a "fixed _ fee" rate sheet (submittals i ® sheets in quantity) $ �fiQQ per sheet (submittals with 6-15s in quantity) per sheet (submittals with 16 or more sheets in quantity) Sheet counts are_ based _ number of _ sheetsitt _ for plan check. is y include it detail sheets, street plans, storm drain l n, meandering sidewalk parkwayiplans, rough & precisegrading l s at 30, 40 or 50 fat per inch scale. Consultant receives no additional compensation for review supporting c is including, but not limited to hydrologyhydraulic calculation reports, soils reports engineer's cost estimates, conditions rov 1, tentative tractparcel Consultant receives i io l compensation for delivery or postage fees necessary transmit or receive plansCity. Consultant receives no additional compensation for travel to and from City l: This rate shall be compensation for up to three (3) plan checks. Supplemental payment r additional plan checks after the thirdcheck r for special engineeringreports including Wat r Quality Management Plans ( ) or other engineering reports, shall be in made at the rates listed in the Schedule of BillingRates attached herewithr the actual hours submitted in conformance wit Section 2. f the Agreement. An estimate of ors to complete la check (after the thirdl check) special reports shall be made in writingthe Contract Offic r for approval as specified in Section - Additional Services of the Agreement. Compensation for the first threel checks shall e distributed at the- following schedule: First l c °l _f the Total Plan __ Checke_ Second a c % of the Total Plan Check ThirdCheck % of the Total Plan Check The Consultant _l be compensated upon the completion c _ _plan check s indicated in the aboveschedule in conformance wi ci Agreement. If project is suspended, either definitely or indefinitely, Consultant shall be compensated s completed l check. If tcheck process is completed pri r to the thirdplan check, 100% of the plan check fee will be paidupon completion l plan check. The Consultant l separately invoice er plan and per plan check. No exceptionsill be allowedthe payment schedule. Consultant s requested to providegeneral civil consulting services cic development I t engineering rejects for the City as applicable. Payment h_ l be in full at an hourlyr ate of- r hour - no overtime, travel time, expenses or other administrative char s will be allowabley r and abovethe stated r schedule. Prevailing Wae- In accordance with Section 77 f the Labor Code, the City s ascertained es hereby specify t the prevailingrates l e provided in Article1 -20.0, WAGE RATES. The said rates shall include all employer payments that are required ecti the Labor Code. The City will furnish e Contractor, upon request, a copy f such rev ii rates. It shall be the duty of the Contractor s copy c revaii s at the job site. Date: EName:i James G. Ross Title: u lc Works G Schedule of dourly r tessky dasc'AficatocAw' Classifleattoft' Willing eve Project Manager, stcom wawr r . a.....,. . 120 C,'wvjt Plan Review s, i r, ,.., . 120 Project rea r .. 120 Asp i* Engineerti:. ! Asp iate EngineerM ------- .. ..............._:: r_..m .,.: _._._ __:.m Associate Engineer Ar.si a _.wA,, _..a... .. ...,._ ..... .,75 Puloile Wafksinspector It Ts SWIPPIP Professional ire Tec-hniatarw To 64) r .._._...: `._ w... Reimursablew Com,ptuctiom Management tet ra* e ... .:....... mini tradon + i 5% Permits Cott -15% Prinin rear Lion_ -sew*'trr rilaa2e. w" hone usar, gerteral office twins, o a , t .. a8, z at 4 xa diarges in the ° t•io- rt . m Bee sch'iduleakad total, a OS1 roprnal kgga's't, etptall e4-vi vi yfui'Pa@'4'°a`'g'lty r°,.5'�4���`w1v1,5' i�tk*yV'rtx,Pta���4.4�aa4s(-(''.oa"a�"i�er gsw'k'e�1i a.a:� al, [*. aY, z� f ia��r#J:vpti.w' a "rd`a�i'��'r�a:a ::. is ` a",*r°fa-' a v*. x r't` ."."k aec2 "a":•*ad' at": ia;aM1"". BILLING lMices are typically an al: Upon tte condusw of the Tue . rota . t sit Grow wifl * wth the oily to Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope o_Services, xiit this Agreement in accordanceiattached Project Schedule, attached hereto incorporated herei y this reference. Consultant, 1 ter Est Co stl t roeInc. shall provideservices for a term twelveO months beginning July 1, 2016 and terminatingu 3,. HOURSQFFICE The Consultant shall maintain normal office hours between _: _ a Mondayr Friday. The Consultant shall be available to meet withCity Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant ll adhere to the following pla check schedule: Plarl Suhrriittal Plan Check Turn -Around From Beceipt from City Staff) 1st Plan Cock 15 WorkingDays Plan Check or i 3rd Plan Check 10 Working r larger, ra complex projects such as golf course a In a , oneO additional week r the 1st and 2ndcheck shall be provided, if necessarycomplete a thorough plan check. The consultant shall advise the ContractOfficer, in writing, if additionaltime i Normal plan check operations wilC be conducted as follows: 1st Submittals Upon completing the 1st review, the Consultant shall submit the "red lined" plans and copy of the applicable Planc List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Suusa uont Submittals Upon receipt of the 2nd roundcheck submittal from the applicanto completing n review, the Consultantshall submit "red lined"l copy of the applicable review l Check List to the City. The Cityill provide supplemental comment as applicableforward review "red lined"plans to the applicant. process of applicant correction, Consultant review followed i review n "red lined" plan return lic i shall continue til approvable plans are generatednplan- approvaltar is submitted the CityConsultant. necessary,If the Consultant shall be availableiCity staff and/or the applicant to review the plan check comments. The Consultantill communicate irec with the applicantregarding t check issues and clarifications. The Citydesires average r l check s before final plan approval. - The nsult 1C be required to use the City's TRAKiT softwarein the plancheck c ss. The Consultant l iso be required to purchaser obtain the Bluebearnvsoftware to allow l c r is review commenting It i shall maintain all files for a period years. Copies of requested i! ill be furnishedto the City request. Exhibit Special Requirements t no additional cost to the City: 1The Consultant _ll provide a hand held _ (type) cellular telephone r each plan checker i to the CityProject(s) to assurerapid v it ilit telephone. . The_ Consultant shall _ _ provide i r her own transportation_ from the designated r site. Consultant will not be compensated r travel time from designatedsite. I The Consultant shall purchase Blubeamevu Standard __ software, which Consultant shall use for the electronic review i s and maps. 4. The Consultantshall respond to requests r plan check within t -f r (24) hours. 5. The Consultant shall supply_ _ ll necessary tools and materialsperform their Exhibit Insurance Requit _ is A Insurance. Prior to the beginning of and throughoutr i _of this Agreement, the followingpolicies shall be maintainedin fulleffect providing insurance ith minimum limits indicated issued by insurers wi Best ratings no less Commercial General Liability (at leasts broad_ S_ CG 0001) 1, (per occurrence) (general aggregate) Commercial AutoLiabilityISO CA 0001) 1, (peraccident) Errors and Omissions Liability 1, (per claim r Workers' Compensation (per statutory requirements) Consultant shall procuremaintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liabilityinsurance aga claims for injuries i s s or damages to propertyresulting fr nult is acts or omissions rising t of or related to Consultant's performance under this Agreement.insurance lic all contain a severabilityf interest clause rovi i that the coverage shall be primarylosses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required contribute o any such loss. A certificate vi nci ing and naming Cityits officers and employees as addii insured Commercial r l Liability policy i shall be delivered to andv itprior commencement services r n Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries i spersons r damages to propertyarising u f the use of any automobilens It , its officers, any persondirectly r indirectly employedConsultant, subcontractor , or anyone for whose actsn f them may be liable, arising directlyr indirectly out of or related to Consultant's performance unr this Agreement. If Consultant or Consultant's ill use personal autos in anyon this project, Consultant shall provideevidence r auto liabilitycoverage for each such r r "automobile" includes, t is not limited a land motorvehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance licy shall contain a severability of interest clause r vi i that coverage shall ri r for losses arisingt of Consultant's performance hereunder and neither City nor its insurers shall be requiredcontribute loss. Professional is iliy or Errors and Omissions Insurance as appropriate shall written policy form coverage speci c t i to protect against acts,errors r omissions consultant and "Covered ro ssi l Services" as designatedin the policy must specifically include r r under this agreement. The policylimit shall be no less than $1,000,000claim in the aggregate. The policy must" n behalf of the insured include provision establishing the insurer's duty t defend. The policyretroactive date shall be on or before the effectivea this agreement. Consultant shall carry _r' Compensation Insurance in accordancei State Worker's Compensation laws with employer's liability limits no less n $1,000,000 r accident or disease. Consultant shall provide written noticet__City within ten (10) workindays i s 1) any of the requiredinsurance polici is terminated; O the limits of any of the required oice are reduced; r O the deductibler setf-insured retention is increased. In the event any of saidpolicies of insurance ar cancelled, Consultant all, prior to the cancellation dat, submit new evidenceinsurance in conformance i is Exhibit the Contract Officer. The procuringf such insurance the deliverypolicies or certificates evi e cin the same shallnot be construed limitation of Cons It n' obligation indemnify Cits officers, employees, contractors, subcontractors, or agents. E.2 _Remedies. In additiony other remedies City v if Consultant fails to provide i t in any insurance polici s or policyendorsements tat e extent and within the timei required, it t its sale option: Obtaina. such insurance and deuc ___h retain the amount_of the premiums for such insurance fr u under this Agreement. b. Order Consultant to stop _work underthis_Agreement and/orwithhold payment(s) which becomeu to Consultant hereunder until Consultant demonstrates compliance it requirements r C. Terminate this Agreement. Exercise _ remedies, however, is anIt r aiv to y other remedies ihave. The aboveremedies t exclusive remedies r Consultant's failure to maintainr secure appropriatepolicies or endorsements.tin herein contained shall be construed as limitingin any way the extent to which Consultant may be held responsible for paymenis of damages to personsor property resulting Consultant's r its subcontractors' performance of work under this Agreement. E.3 General Concriflons R rto nin to Provisions of Insurance Covern by Consultant. Consultant n it r tfollowing_ with c to insurance providedIt . Consultant agrees_ have its insurer rs _e third party_ general liability coverage required r i include iti insureds City, its officials, employees, and agents, using standardendorsement i n edition prior to 1992. Consultant also agrees to require ll contractors, and subcontractors to do likewise. liability insurance coverage provided comply _ with this Agreement shall prohibit Consultant, or Consultant's l e, or agents, from waivingright subrogation ri r to a loss. Consultantiv r of rights i City regardless lic ility of any insurance roc s, and to require l contractors and subcontractors likewise. 3. All insurance coverage and limits prvi It t and_ available _r applicable to this Agreement areintended l to the full extent the policies. Nothingcontained in this Agreement or any other agreement relating i r its operations limits the applicationu insurance coverage. 4. None of the coverages required r_ i will be in compliance with these requirements if they include limiting rsement of any kind that has not been first submitted to Cityapproved f in writing. liability policy ll contain any _ provision r definition that would serve to eliminateso-called "third raction over" claims, including any excl i n for bodilyinjury l the insured contractor subcontractor. 6. All coverage s and limits required _ subject to approval, modification i i l requirements by the City, as the need arises. Consultant shalt t make any reductions in scopecoverage (e.g. eli i do of contractual liability r reduction isc y r period) that may affect i' r c ion without City's priorCity' written consent. 7. Proof of_ compliance witthese insurance requirements, consisting o certificates insurance vi ci l of the coverages it additional insured s to Consultant's general liability policy, shall be deliveredit r prior to the executionof this Agreement.I event such r insurance is not delivered it , or in the event such insurance iscanceled t any time replacement cv is provided, City hast i t, but not the duty,tobtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium.premium so paidit shall be charged to and promptly paid by Consultant r sums dueConsultant, at City option. is acknowledged the parties of this agreement that_all insurance coverage required rovided by Consultant or any subcontractor, is intended first and on a primary, non-contributing basi in relation n insurance or- isu nc v it o City. ®__ _Consultant agrees to _ ensure subcontractors, and any other art involved ith the project that is broughtt r involved in the projectConsultant, provide a minimum insurance coverage required Consultant. nsula agrees o monitor and review ll such coverage and assu l responsibility for ensuringc coverage is providedin conformity wi requirements this section. Consultant e t upon request, all agreements with subcontractors others n in the projectwill be submitted to City for review. 10. Consultant agr s_ not to self -insure ort use ___ self -insured retentions or deductibles on any portionof the insurance require herein it the exception professional i ii y coverage, if required) t r agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entityor person in any way involved in the performance of workproject contemplated by this agreement t self -insure its obligations to City. If Consultant's existing coverageincludes ci e r self -insured retention, the deductibler self -insured retention st be declaredto the City® At that timei shall review i s with the Consultant, which may include reduction r elimination of the deductibleorself-insured retention, substitution of other - coverage, or other solutions. 1. The City reserves the right at anytime duringthe termof this Agreement to change the amounts and types of insurance required ivi Consultant ninety ) days advance written noticec change. If such change sult in substantial iti n l cost to the Consultant, _ the City will negotiate additional compensation proportional to the increased i to City. 12. For purposes of applying insurance coverage_ only, this Agreementill be deemed to have been executed immediately upon any part r to taking any steps that can e deemed to be in furtheranceo r r nc this Agreement. 3. Consultant acknowledges _and agrees that any actual or alleged failure on the part of Cityto inform ul non-compliance wit insurance requirement in no way imposes n additional obligations on Cityit waive any rights r u r in this or any otherregard. 4 Consultant willrenew _ required coverageannuallya _ _s City,_r its employees or agents face an exposure from operations of any typepursuant to this agreement. Thisobligation appli s whether or nott r is canceled or terminated for any reason.r i do i obligation is not effective until City nyon Atac n Writtan c nta ant to thnt affart . Consultant shall provide prooft t policies of insurance required r i expiring during the term of thisr v n renewed or replaced withr policies providing at least the samecoverage. Pro c coverage has been ordered shall be submitted i r to expiration. A coveragebinder or letter from Consultant's insurance t to this ct is acceptable.certificate insurance for additional insured endorsements required in these specifications applicable to the renewing or new coverage mt be providedto Citywithin five s of the expirationcoverages. 16. The _ provisions rk _rs' compensation i n _ r similar act willnot limit the obligationsConsultant under this r t. Consultant ex s l r s not t use any statutoryimmunity 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 r intended as limitations on coverage, limits or other requirements r as waiver of any coverage normally rovi any givenpolicy. Specific reference to a given coverage fe r is for purposes of clarification oni s it pertains to a givenissue, and is not intended by any partyr insured to be limiting ll-i cl iv . These18. _ insurance rui is are_ intended t_ be separateiti _ct from any other provision in this Agreement and are intended by the parties here interpreted as such. 1. The requirements in this Exhibit supersede ll other sections r vi i of this Agreement to the extent that any othersection or provision conflicts i or impairs the provisions of thisx i it. . Consultant _ agrees to be _ responsible for rin that no contract used any arty involved in any way withproject reserves the right charge Cityr Consultant r the cost f additional insurance coverage ited by this agreement. Any such provisions are to be deleted withreference to City. It is not the intent of Cit t reimburse any thit t for the cost f complying wi requirements. r l be no recourse agai st City t of premiumsr amounts with respect thereto. 21. Consultant r o provide immediate notice to City of _ n_ claim r_loss against Consultant rii t of the workperformed this r t. City assumes no obligationr liability is , but has the right t not the duty) t monitor handling f any suchi r claims if they arelikely o involve Cit . FA General Indemnification Provision. a. Indemnification r Professional Lial ilit ® When the law establishes professional stm care is Consultant's Services, to the fullestextent permitted taw, Consultant shall indemnify, protect, defend (with counsel selected i), and hold harmless City and any and all of its officials, employees, and agents("Indemnified Parties") from i any and allclaims, losses, liabilities of everykind, nature, and description, damages, injury (including, without limitation, injury o or death of an employee of Consultant r of any subcontractor), costs and expenseso i, whether actual, alleged or threatened, including, i o t limitation, incidental consequential a a s, court costs, attorneys' foes, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extente are cause in wholer in part by any negligent o wrongful act, error or omission f Consultant, its officers, agents, employees or subcontractors (r any entityr individual that Consultant shall e the legal liability thereof) in the performanceprofessional services under this agreement. With respect to the designpublic improvements, e Consultant shall not be liable r any injuries r property e resulting o the reuse of the design at a location other than that specified in Exhibit A without the writtenconsent f the Consultant. b. Indemnification f_ r Other Than Profesaipnal ihilit. Other than _ - in the performance f professional servicesn o the full extent permittedy taw, Consultant shall indemnify, defend (with counsel selected City), and holdharmless Indemnified Parties from n ains liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proc i , losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental an consequential damages, court costs, attorneys'fees, litigation x s s, and fees of expert consultants or ex r 'witnesses) incurred in connection therewith an costs of investigation, re the same arise o, are consequence , or arein any way attributable, in wholeor in part, the performance this Agreement by Consultantindividual r entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. .2 Standard IndemnificationProvisions. Consultant r to obtain executed indemnity r is with provisionsidentical to those forth hereinis section -each and every c tractor or any other person or entity involved by,, with behalf of Consultant in the performancef this Agreement. In the event Consultant i s to obtain such indemnity li ions from others required er i, Consultant agrees to be fully responsible acc r in tot e terms is Exhibit. Failure of City to monitor compliance wi these requirementsimposes no additional li i n it ill i no way act as a waiver of any rights hereunder. This obligation to indemnify defend shall. of agreement or ACC>R" CERTIFICATE OF LIABILITY INSURANCE0 DATE {MMIDWYYYYI 5 , L5 201Ca THIS CERTIFICATE IS ISSUED AS A MATTE .. OF INFORMATION LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY EGATIVELY AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I (S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE C TIFICATE FI L IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the licy(les) must be endorsed, If 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 confer rights to the certificate holder in Ilea of such ersdorserraent$s�. PRODUCER Go KEY c Ity r z t Z icaa.c.;ractc, i,IaC ha f T ia1 6&9i8€iI _ hair. Box '7050 2lxigLewacad CO 50155 AtaRrs; �dpwgf, 1N ltset�n±T=w , WSURFRISI AFFORDING COVERAGE � ,,.NAIO 0 INSURED INEURERA„', �a)orijgt t ^j 3rKIC*_ eata C < �... ., .. uw,. „.. Irte.rwe. At C'onsu.i.t incl Group f 7, ylaa 1.S_7::IC NsaaReRB 1fiSpecialLy Sn uraxacr Company ;37885 BOUlde.r CO 803013 INSURErRC... » .. INSURER D ENSURER � COVERAGES -CERTIFICATE NUMBE: 1 t 030 0 t.t 1 REVISIONNUMBER: 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 iNSURANCF_ AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT fO .ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI I POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P0LICY F_FR 'P IJCYEXP r LTR TYPE OF INSURANCE POLICY NUMBER �Nkr8JC30.TlY �5 Y} YIH81$3iD0WY �') � LIMITS zr ! L LIABILITY..... IY �, aaar r.rtt°- �)], LY `�. CzENERA£'....,, „ ;, C .CI I C t (H sEtICF i 000' {r) X, I r.�h nlEr a rrL{ LNER LUABL rY i ! iRTRFW$%NTtl3AitaFa�ca on maNei � r,C,{ 0W" CLAIMS -MADE 1 r X;C JT, i h t_ i E',P l,l ,�n =& r I � PER.PPI I aC / I'Ja(Iur 3 �31 i r ENER wHCG R A L F& I e,00 , P I Iasi; i H {'LPS PER: � I FiO%,;T - _ rG Fi r 5 SJGii'Y I ( E`SiZT;� � T � E_!iC a {'. AUTOMOBILE LIABILITY C s ,. (GG7MF IhIP L} _aIh%Cfl. t--'_ t IMI1 (Ea aca¢aerr t9 3, BODILY INJURY (Per person) POCIL Su i [X, I [,A l TO' A ( HI C( A fI If a 1 r "X. I UMBRELLA LIAR _ CC { I:, , . P { H ire iNt;l i EXCESS LIAR # r.k 5,.1 , „8 ! 1. - AG REXy T, ... � . . S CIrr C; Clu l.� r. r A • WORKERS COMPENSATION .,, d{ . AND EMPLOYERS°LIABILITY Y.+N l.. I ANY PRf3PRF FTOFVPARTN h+EXECIJTIll( � -� ` i I'..AGH G ta`,I) , Or FICERIrlEMBEFTEXCLUC7 t C)'r MIA z. (Mandatory In NH) � c I Oh:` ASS 1 if $r'S desc,ibe under ;. , ESCRIPTIQN OPOPFRATJONS below J. E::. @J9:If aak :*15; :uu,a i.Ag m . ,,.»,...�..m.a�_.....,, ....,,.,..,,.,..,,mum..-..-.. .,..W..... - ..,.�-.�..>., DESCRIPTION OF O F.RA-HONS I I. C rATMINS J VEHICLES IAiIUnh ACORD 101, AtP¢rl o,+ al Re,.a,ks ,Schedule, if more gpace A ra€ ui,,,dI At, required by -wb i.tt:en contract ar written agreement, the Eollow-inn provisi-ons apply .saikaject to the pol.ic,y terms, conditions, 1 .nli.t-ationu, and ex;_,lusi.ons: The CCerti.fi.caUe Holder: and ownerrare iiiciudemd a Aut,cuialic Addi.ti-oralizimir.,d s for orig a.ing and c.°cmplet ed operas.:).oms, under General Li.abili.ty; DeEsignat.ed See A,Lt rar hed _ . CERTIFICATE L CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AGENCY UST E ID: I ERCOb735 Lc�®, ADDITIONAL REMARKS SCHEDULE _ Page of � AGENCY NA ®INSURE® _ _... UST Colorado, LTC Pr f Lisa InLeswest: Consulting Group PO�iCY NUMBER Boulder CO 8030£$ CARRIER. ME COVE EPFECTIYE 6AiE; THIS ITIONAL REMARKS FORM 15 A SCHEDULETO A ORD FORM, FORM NUMBEW 25 FORM TITLE �',._i2TIFICAtL G IZA;3QjjY INSURANCE__, �mmm Insured under Automobile Liability; and Additional Insuredunder Umbrel,l..a. / L,xceso L:aabLlity but: only with respect to liability ariuiag ouL of t:im Named Insured work performed on behalfof tare certificate holder and. owner, The General Liability, Automobile Liability, Umhzella/Excnss insurance applies can ra primary and non.--contrinutory basis. A Blanket. Waiver of Subrogation applies for Cen.eraal. Lt.abil.icy, Automobile Liability, Umbrella/Exsess Liability and Workers Compensation, The Umbrella / Excess Liability faoii.r..y provides excess coverage over the General Liability, Automcbile L a biL t.v and Employers Liability, Please note that Additional Insured status does not apply to Professional Liability or Workers, Compensation A :ORD I01 (2000t ) Oq 2008 AOORO CORPORATION. All dg is reserved. The ACORD name and logo are registered arks of ACORt3 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under ta following: BUSINESS AUTO COVERAGE UVfith respect to coverage"provided by this endorsement, the provisions of the Coverage Forml unless modi- fied by the endorsement. DESCRIPTIONGENERAL is endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement a excluded or limited by another endorsement to the Coverage Part, and these coverage broadeningprovisions o not apply to the extent that Coverage is excluded or limited by such an endorsement. The following listing Is a general cover® ago description only. Limitations and eaotusions gray apply tothese coverages, Read all the provisions of this en- dorsement ment and the rest of your policy carefully to determine rights, duties, and what is andis not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT0. EMPLOYEE HIRED AUTO LIMIT INSUREDC. EMPLOYEES AS 1. WAIVER OF DEDUCTIBLE — GLASS LIMITSD. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS TRAILERSE. — INCREASED LOAD CAPACITY AUTO LOAN LEASE GAP HIREDF. PHYSICAL WAIVER PHYSICALG. — TRANSPORTATION EXPENSES — INCREASED LIMIT 4 performing dutiesrlt to theconduct of e following Is added to Paragraph .1., Who to your business. An Insured, of SECS 11 ® LIA131LITY COV. 2. The following replaces Paragraph Is. in Other insurance, of I® Any person or organization who is required under NESS AUTO CONDITIONS: a wfitten contract or agreement between you and It. For Hired AutoPhysical Damage Cover - that person or Organization, that Is signed and age, the following are deemedbe cov® executed by you before the "bodily Injury* or ered "autos" you own, "prmgerty damage" Occurs and that Is In effect () Any covered`auto" you lease, ire, duringe policy period, to be named as an i- rent or borrow; and do al insured I "Insured" for Liability Cover age, but only for damages to which this Insurance (2) Any covered"auto" hired or rented by applies and only to the extent that person or or® your "employee" under a contractIn anization qualifies as an "insured" under the that individual 'employee's" name, ME o Is An Insured vi on contained In Section with your permission, while perform - it. Ing duties related o the conduct o HIREDB. EMPLOYEE our business. However, any "auto" that is leased, hired, 1. The following Is added to Paragraph .., rentedor borrowed with a driver Insured,Who Is An of I® 1 I cover "auto". n "employee"f yours Is an "Insured" while INSUREDC. EMPLOYEES AS tincovered "auto" hired or rented following is added to Paragraph A.I., Who Is under contract or agreement in that "ern. insured, o If 0 ERAGE: loye es" name, with your`permission, while CA i4 20 07 10 0 zd;o The Travolers InderrIndy . Company. All dots revemed. Pagel 9 Includes copy;lghted material of Insurance dryln Offee, Inc. w1h ft pwmKoam 005218 COMMERCIALUT Any "employee" of yours is an Insured" while us-- "auto" ) If a repair or replacement results in better ing a cover you don't own, hire or borrow than like kind or quality. we will not pay for the in your business or your personal affairs. amount of betterment. PAYMENTS0. SUPPLEMENTARY — I ) A deductible equal to the highest Physical LIMITS Damage deductiblea lice a to any owned ® e following replaces Paragraph raph .2,a. of covered"auto'. T 11 ILITY COVERAGE; This Coverage Extension does not apply to: o $3,000 for cost of bail bonds aAny "auto" that IS hired, rented or bor- eluding bonds for related traffic law viola® rowed with a driver, or dons) required c us of an "accident" we ver, We do not have to famish ) Any "auto" that Is hired, rented orbor- these bonds. rowedr "e toe " 2. The following replaces Paragraph , .. ) of PHYSI G. DAMAGE — TRANSPORTATION SECTION It ® LIABILITYEXPENSES ®ILIMIT (4) All reasonable expenses incurred y the e following fa the first sentence In Para- "Insured" at our request, Including actual graph ..., Transportation Expenses, of SECTION II COVER - loss : Of awnings UP to 35a day tie cause of timeoff from work. E. TRAILERS ®INCREASED LOAD CAPACITY We will pay up toper day to a maximum of $1,500 for temporary transportation expense in - The following replaces Paragraph ®1. of - cuffed you because of the total theft of a c v er "auto" of the private passenger type. . "Tr iler " with a load capacity of 3, 1 I ELECTRONIC poundsr I designed primarily for travel . EQUIPMENT on public roads. Paragraph C.Z. Limit Of Insurance, of SEC- F._HIRED PHYSICALIli is The folloeving Is added to Paragraph .4., Cover- deleted. age Extonsions, of SECTION Of PHYSICAL . WAIVER OF DEDUCTIBLEw GLASS COVERAGE:DAMAGE The following is added to Paragraphc i-- Physical i , of SECTION IIIPHYSICAL If hired "autos" are covered "aut r, for Liability Coverage but not covered "autoV'For Physical No deductible for a covered"auto" will apply to Damage Coverage, and this policy also provides glass damagethe glass is repaired rather than Physical Darriago Coverage for an owned "auto", replaced. then the Physical Damage Coverage; Is extended to "autos" that you hire, rent or borrow subject to J, PERSONAL EFFECTS the follo airxg: The following IS added to Paragraph AA., Cover- (1) The most we will pay for "toss" in any one "accidertV Extensions,age of SEC71ON III DAMAGE COVERAGE: to a hired, rented or borrowed "auto" is the lesser of: Personal Effects Coverage _ ® We will pay up to for "loss"to wearing _ a ) The actual cash value of the damaged or parel and other personal effects which are: stolen a s of the time of t 1) Owned by an Insured*; and "loss"; or ) In or on your cove "auto". (c) ThThe cost of repairing or replacing the This coverage onlys in the event of a total damaged or stolen property with other theft of your covered "auto". property of like u l° . No deductibles I c Personal Effects cover— ) An adjustment for depreciation and physical condition will be made in determining ual cash value In the event of a total "loss". 40 Pape 2 of 3 0 2010 The Travelers Vnde¢ nfly Company. AH h rits werved CA T4 20 aT 1 incWdea copyrighted mateflai of Msurance Services Office, lnc. with Its permiaacon. COMMERCIAL AUTO K. ) Any: The following is added to Paragraph B.3., cl ® ) Overdue lease or loan payments at the sions, of SECTIONIII — PHYSICAL DAMAGE time oft '®loss"® t Financial penalties imposed er Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more Wrongs in a covered "auto" you own that in. and tear or high mileage; flate due to a cause other than a cause of -loss" sot forth In Paragraphs A.I.b. and®®c., but __ c) Security deposits not returned y the Ins only: or, ® If at 'auto' is a were "auto' for o r ) Costs for dh ties it Life e sive Coverage under this oli Insurance, Health, Accident or Disability Insurance purchased with the loan or b. e airbags are not covered under any ar® I se; n rant® an () ®over balances from revious loans c. The aWbags were not Intentionally inflated, or leans We ill pay up to a maximum of $1,000 for any one'loss". The following replaces Paragraph A.B., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recoveryi s, The following is added to Paragraph A.4, aver- of SECTION IV BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL o DAMAGE COVERAGE: . Transfer Of Rightsa ins Auto Loan Lease Gap Coverage _ r Private Others To Us Passenger Type Vehicleswaive any right of recovery we mayhave In the event of a total '°lo °° to a covered"auto" of against any person or organization to the ex - the private passenger type shown in the Schedule tent required of you by a written contract e 0 of Declarations for which Physical Damage Cov- cuted prior to a "accident" or loss", r ersa e is provided, we V411 pay any "unpaid amount vided that the ' I nt" or "loss" arises out o .10 duo on the lease or loan (or such covered"ante"' the operations contemplated such con- lessfollowing: tract. The waiver applies only to the person or ) The amount paid under the Physical Damage organization sI na in such contract. Coverage Section of the policy for that "auto,*:: an ja CA T4 20 07 10 02010 The Travelers irsdemnitw Company, Ate dghts reserved: Page 3 of 3 IncUdes copynghted matewiat of Insurance Swvkes Office, Inc. with its perrnisWon COMMERCIAL GENERAL LIABILFTY THIS ENDORSEUM CHANGES THE POLICY.PLEA8E READ IT CAREFULLY. OTHER INSURANCE — ADDITIONAL INSUREW This endorsement morfillas Insurance provided under the following: COMMERCIAL GENERAL LIABILITY E PART be T"ha "pa l inlu r "a _ u COMMERCtAL GENERAL LIABILITY CONDITI _Pik which coverege Is sought arlses out of of - ( Section ), Paragraph 4, { � } is t follows:armindod as _ that subsequent the signing and execution of 1a The (ollawing is added to Paragraph & Prkeary contrador agreornerst by yom InSWU100101; 2®_The frot Subparagraph(2) of Paragraph b, However. It you specilloolly_ agree in a I r ( in _ of err agreement t u In u n availableto u Is detailed. vided to an e0flional Insured under this & The following Is added to Paragraph Coverage Part must apply on a primaryIneurerwo, as an additional subparagraph under a primary utory basis, this I ur- Subparagraph (1) ance Is primary to other Insurancre that is mralt- able to such additional Instead which covers such That Is availableto the Insured In sured additional Insured as a named insured, and we is added as an additkinal Insured under any other policy, Including any umbreks or 0scess policy. will not sham with that other Insurance, ov The 'bodily iriiju or 'property a" for which coverage In sought m; and CG DO 37 04 05 Copyilght 2005 The SL Paul Travelers CompanIes, Inc. AN rights reserved, Page I of 1 COMMERCIAL GENERAL LIABILITY�THIS ENDORSEMENT CHANGES THE i POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. T. and V, of Ihis endorsement broaden coverage, Provisionstf. and W, of this endorsement may thrill Covorgge. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of Ihis. endorsement carefully to determine rights, denies, pact what is and is not covered: Broadened Named Insured N. Additional Insured Architect, Engineer Or Incidental Medical Malpractice Surveyor C. Reasonable Force ® Bodily Injury Or Property o Is An insured -® Newly Acquired Or Formed Damage Organizations D. Non -Owned Watercraft ®increased To Up To 75 0 Who Is An insured -® Unnamed partnership Or feet Joint Venture — Excess E. _ Aircraft Chartered With Crew Q. Per Project General Aggregate Limit Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H.Medical Payments Limit Against Others To Us When Required By Con® to increased Supplementary Payments tract Or Agreement Additional Insured ner® Manager Or Lessor U. Amended Bodily Injury Definition Of Premises V, Amended Insured Contract Definition - Railroad K.Additional insured ® Lessor Of Leased Equiprment Easement L. Additional insured —Mate Or Political divi® W. Amended Property Damage Definition ® Tangible sions ® Permit elating To Premises Properly M. Additional Insured — State Or Political u divi- ° Additional Definition -m Contract dr Agreement si s ® Permits Relating To Operations Requiring Insurance PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the 1. The Named insured in Item 1. of the Come policy period, that you no longer are the sole mon Policy Declarations is amended as fol- owner' of, or maintain the majority ownership Interest in, such organization, lows, The person or organization named in Item 1. . This Provision A. does not apply to any per® of the Common olio Declarations and any son or organization for which coverage is exw organization, other than a partnership, joint chided another endorsement to this av4 ven re, limited liability company or trust, of era a Part. which you are the sole owner or in which you 0. INCIDENTAL iMALPRACTICE maintain the majority ownership interest on 1. The following is added to Paragraph 1. insure e effective date of the policy. However, ing Agreementof COVERAGE A BODILY CG f 3 79 09 07 0 2007 The Traveiem Companies, inn Page 1 of COMMERCIAL GENERAL LIABILITY INJURY ANPROPERTY DAMAGE LI- CREASONABLEFBODILY INJURY ABILITY7n COVERAGES (Section I)® PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, 'First aid" or "Good Sa® Paragraph 2. Exclusions of COVERAGE maritan services" to a person, other than a BODILY INJURY Y DAMAGE co -"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de® deemed to be caused by an "occurrence", leted and replaced by the following: For the purposes of determining the a lic - Expected r Intended Injury r Damage ble limits of insurance, any act or emission together with all related acts or emissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured, This son will he deemed one '®occurrence". exclusion sloes not apply to "bodily Injury" or 2. As used in this Provision • "property damage" resulting from the use of rea® sonable force to protect any person or property, a. "First aid" means medical or nursing ser vice, treatment, advice or instruction; the D. NON -OWNED WATERCRAFTINCREASED related furnishing of food or beverages; T T FEET the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances' of the Aircraft, Auto Or Watercraft Exclu- b: "Good Samaritan services' means those slon in 2. Exclusions of COVERAGE A ...medical services render or provided in BODILY INJURY �Y DAM - an emergency and for which no r®rnu® AGE LIABILITY In tY (Section ) neration is demanded or received. is deleted and replaced try the following: . Paragraph . .(1)(d) of WHO 18 AN IN- (2) A watercraft you do not own that is: SURED (Section 11) does not apply to any of O Less than 75 feet long; and your "employees", who are not employed as () Not being used to can persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph . above and white acting within the scope of . Only as respects the insurance provided b their employment by you. Any such "employ® this Provision D., WHO IS AN INSURED ees" rendering d Samaritan services"" (Section iI) is amended to include as an in® will l will be deemed to be acting within the scope seared any person who, with your expressed their employment by you. or impliedconsent, either uses or is res ng si le for the use of ft watercraft, . The following exclusion is added to ram graph 2. Exclusions of COVERAGEW 3. The insurance provided by this Provision 0. ILY INJURY AND PROPERTY DAMAGE shall be excess over any valid and collectible LIABILITY in COVERAGES (Section I): other Insurance available to the insured, Sale of Pharmaceuticalsany ,Tether primary, excess, contingent or on other basis, except for insurance pur- "®o it injury" or "property damage' ris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part, pharmaceuticals committed by or with the E. AIRCRAFT1WITH CREW knowledge or consent of the insured. . The following is added to the exceptions co . The insurance provided by this Provision B. tained In the Aircraft, Auto or Watercraft shall be excess over any v tid and collectible Exclusion in Paragraph 2, Exclusionsof other insurance available to the insured, COVERAGE A BODILY _ INJURY AND whether primary, excess, contingent or on LIABILITY.. in any other basis, except for Insurance pur- ERAGES (Section I): chased specifically by you to apply In excess of the Limits of insurance sham in the Decla- Aircraft chartered with crew, including a pilot" rations for is Coverage Part. to any insured., Page 2 of 8 2007 ThA iraRier"a Companies, im G 03 79 09 07 COMMERCIAL CIAL N L LIABILITY 2. This Provision E. does not apply if the char® any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission . The insurance provided by this Provision E. of the owner, cause by: first; explosion; light® shall be excess over any valid and collectible ning; sirrrake resulting from such tire: ex lo- ot er Insurance available to the insured, sion, or lightnings or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pure all "property damage" proximately caused by chased specifically by you -to apply in excess the same "occurrence", whether such dam - of the Limits of insurance shown in the ecla- age results from: fire; explosion; lightning; rations for this Coverage Part. smoke resulting from such fire, explosion" or F. EXTENSION� T lightning; or water; or any combination any PREMISES RENTED of these causes, 1. The last paragraph of The Damage To presides Rented To You "ILY INJURY AND PROPERTY DAMAGE Limit will be the higher of: LIABILITY in COVERAGES (Section 1) is a. $1,000,000; or deleted and replaced by the following° bm The amount shown for the Damage T® Exclusions c. through n. do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or to Declarations for this Coverage Part. porarily occupied by you with permission of 4. Paragraph a. of the definition of "insured con - the owner, caused by: tract`® in DEFINITIONS (Section ) is deleted . Fire; and replaced by the following: Explosion; a. A contract for a lease of premises, o ® How- c. Lightning; ever, that portion of a contract for a lease of promises that indemnities any . Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or to o® . Water. rarity occupied by you with permission of A separate limit of insurancee applies to this owner® used by fire; explosion, lightning; smoke resulting from such ire, SURAcoverageNC as described In LIMITS F t (Section Ili$. explosion, or lightning; or water is not an ®"Insured contract": 2. The insurance under this Provision F. does This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- Rupture, bursting, or operation of pres- (Section 11 Is excluded y another sure relief devices; endorsement to this Coverage Part. b, - Rupture or bursting _due to expansion or G. MALICIOUS1 — EXCEPTION T swelling of the contents of any building or KNOWING VIOLATIONRIGHTS structure, caused by or resulting from wa- OTHER EXCLUSION ter; or The following is added to the Knowing Violation c. Explosions of steamboilers, Stearn pipes, Of RightsAnother Exclusion in 2. Exclu- steam engines, or steam turbines. sions of COVERAGE 6 PERSONAL INJURY, Paragraph 6.o ! INSURANCE ADVERTISINGINJURY AND WES SITE 01- (Section !H) is deleted and replaced by the JURY LIABILITYof the WEB XTEND LIABILITY following® Endorsement: Subject to S. above, the Damage To Prem- is exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "props damage" to CG D3 79 09 07 0 2007 The Travelers Companies, Inc, Page 3 of d COMMERCIAL GENERAL LIABILITY MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new cart® Thy Medical Expense Limit shown In the Declara- structioan or demolition operations tions for this Coverage Part Is Increased to performed` by or on behalf of such 10X04 additional insured; or L INCREASED SUPPLEMENTARY PAYMENTS () Any premises for which coverage is I Paragraphs 1.b. and lad. of SUPPLEMENTARY excluded by another endorsement to PAYMENTS ® COVERAGES A AND B in V- this Coverage Part. ERAGES (Section I) are amended as follows: 3. This Provision J. floes not apply on any 1e .Ira Paragraph 1.., the amount we will pay for bra °i to any petsdn or organization for the cost ®f bail bonds is Increased to $ 500. which coverage as an additional insured specifically is added by another oh- . in Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part, loss of earnings is increased to 00 a day. K. ADDITIONAL S — LESSOR OF J. _ ADDITIONAL INSURED MANAGER LEASED i T OR LESSOR OF PREMISESI. WHO IS AN INSURED (Section II) is 1, WHO IS AN INSURED (Section tt) is amended to include as an insured' amended to include as an insured: Any persona or organization that you have Any person or organization that you have agreed in p contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part, but: Part, but: . Only with respect to liability for "bodily in - a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or jury" or "property damage" that occurs, or ' 1apersonal injury, caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and at contract or agreement; and b. Only if the "bodily injury", "property dam- . Only if the "bodily injury" "property darn- age" or "personal injury" is caused, in age's or "personal Injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any per Bran or organization per® you or any person or organizations per forming operations on your beahorl, in the forming operations on your behalf, and maintenance, operation or use of equip - arises out of the ownership, maintenance rnent teased to you by such additional in® or use of that part of any premises leased sured, to you under that contract or agreement. , The insurance provided to such additional . The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions. the following provisions, a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the core® which you agreed to provide In the con® tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Dart, the Declarations for this Coverage Part, whichever are less; and whichever are less; also . The insurance afforded to such additional The insurance afforded to such additional insured does not apply: insured does not apply to: 1 To any "bodily injury" f) y } ry°® or"property (1) Any "bodily injury, or "property damp damage" that occurs, or "personal in - age" that occurs, or "personal injury" jury" caused by an offense commit® caused by an offense committed, af® to , after the equipment lease ex® ter you cease to be a tenant in that plres; or premises; Page 4 of 8 2007 `rises `Travelers Companies, Ric; CG D3 79 09 0 COMMERCIAL PAL LIABILITY O If the equipment is leased with an N. ADDITIONAL IARCHITECT,I- operator. NEER OR SURVEYOR . This Provision K. dues not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN i (Section ) to include erage as an additional insured specifically is as an insured: added by another endorsement to this ov- era a Part. Any architect, engineer or surveyor engaged by or for you that you agree in a "contract or L. ADDITIONAL i LITI® agreement requiring insurance!' to include as CAL SUBDIVISIONS — PERMITS RELATINGan additional Insured on this Coverage Part, TO PREMISES but only with respect to liability for "bodily ire - The following Is added to Paragraph 2. of WHO jury", "property damage" or "personal injury® IS AN I (Section 11) to include as an that Is caused, in whole or in part, by acts or Insured: omissions of you or any person or organize® organiza- Any state or political subdivision that has issued a tion acting on your behalf in connection with "your permit in connection with premises owned or oc- your premises or work. cupied by, or rented or loaned to, you, but only 2. is Provision N. does not apply on any basis with respect to "bodily Injury" "property damage', to any person or organization for which cov9 "personal Injury" or "advertising injury" arising out erage as an additional insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of aver era a Part. tising signs" awnings, canopies, cellar entrances, 0. WHO IS AN INSURED — NEWLY ACQUIRED coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street banners or decorations for which that state or 1. Paragraph 4. . of WHO 1 3 AN INSURED political subdivision has issued such permit. (Section11) is deleted and replaced by the following: M. ADDITIONAL 1 LITI- a. Coverage under this provision is afforded L SUBDIVISIONS — PERMITSRELATING TO OPERATIONSor only until the 180th day after you acquire form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN t (Section II) to include as an such newly acquired or formed organiza- insured: tion that you report in writing to us within Any state or political subdivision that has; issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury" organization will be covered under this "property damage", "personal injury" or "advertism provision until the end of the policy pe- Ing Injury.' arising out of operations performed by hod, even if there are more than 180 yen or on your behalf for which that state or o® days remaining until the end of the policy _ litic l subdivision has issued such permit. ow® period® ever, no such state or political subdivision is an 2. This Provisiono 0. does not apply to any or - insure for: anization for which coverage is excluded by 1. "Bodily injury", "property ar a e°" "personal another endorsement to this Coverage Part, injury" or "advertising injury" arising out of IS INSURED PART - operations performed for that state or political NERSHIP OR JOINT VENTURE — EXCESS subdivision; or 1® The last paragraph of WHO IS AN INSURED . "Bodily injury' or "property damage" included c i) is deleted andreplaced y the within{ the "products — completed operations following: - hazard". o person or organization is an insured with respect to the conduct of any current or past partnership, Joint venture limited liability company that is not shown as a Named in- sured in the Common Policy Declarations.CG i93 79 09 07 V 2007 The Travelers Companies, Inc,Page 5 of COMMERCiAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen - ship or joint ventured eral Aggregate Limit for that "project", but a. That is not shown as a Named insured in shall not reduce: the Common Policy Declarations, and a. Any other Per Project General Aggregate b. in which you are a member or partner Limit for any other "project"; where each and every one of your co® b: The General Aggregate Limit; or k ventures in that joint venture is an archi- c. The Products -Completed Operations Ago tectural, engineering, or surveying firm, gregate Limit. 2. This Provision P. does not apply to any per® The limits shown In the Declarations for this son or organization for which coverage is ex- cluded by another endorsement to this Coy® Coverage Part for Each Occurrence, Dam- erage Part age To Premises Rented To You and Medical Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro® shall be excess over any valid and collectible ject Genera! Aggregate Limit applies, other insurance, whether primary, excess, contingent or on any other basis, which is . As used in the Provision available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership orjoint venture that is not performing operations pursuant to a contract shown as a Blamed insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insure such partnership or joint venture° ance, each "project" that includes premises PER PROJECTL AGGREGATE LIMIT involving the same or connecting lots; or promises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right - (Section II!) Is deleted and replaced by the of -way of a railroad shalt be considered a sin - following: gle "project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICEF OCCUR - will pay for the sure of: RENCE OR OFFENSE a. Damages under Coverage , and The following is added to Paragraph 2. Duties in Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS I (Section IV)® which cannot be attributed only to opera® Notice of an "occurrence" or of an offense which tions at a single project", may result in a claim must be given as soon as 2, The following is added to LIMITS OF I practicable after knowledge of the "occurrence" SURANCE (Section il#), or offense has been reported to you, one of your A separate Project general Aggregate „executive officers`® (if you are a corporation), one .Per Limit applies to each "project" for all earns of your partners who i5 an Individual (it you are a which the insured becomes legally obligated partnership), one of your managers (if you are a pay s damages caused y "occurrences" limited liability company), ores of your trusteesto tender Coverage A and for all medical ex- Who is an individual (if you areatrust), or an `employee" penses caused by accidents under Coverage (such as an insurance, loss control or C which can be attributed only to operations risk manager or administrator) designated by you at a single "project", and that limit is equal to to give such notice. the amount of the General Aggregate Limit Knowledge by any other "employee" of an 'occur - shown in the Declarations for this Coverage rence" or offense does not imply that you also Fart, have such knowledge. Page 6 of 8 ID 2007 The rravelers CompEariiaq, tric, CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY Notice of an "occurrence" or of an offense which 4. "Your products"• may result in a claim will be deemed to be given e waive these rights only where you have as soon as practicable to us if it is given in good faith as soon as practicable to your wo ers° corn® agreed to do so as part of a contract or agree® pensation, accident, or health insurer. This ape ment entered into by you before, and In effect "bodily "property plies only if you subsequently give notice of the when, the Injury" or damage" "personal ..occurrence" or offense to us as soon s pr cti- occurs® or the in® fF jury" rsjuroffense or "aver® cal after you, one of your "executive officers" tiling injury" offense Iscommitted,off (if you are a corporation), one of your partners U.AMENDED BODILY INJURY DEFINITION who is an individual (if you are a partnership), The definition of "bodily injury" in DEFINITIONS one of your managers (if you are a limited liability (Section V) is deleted and replaced by the follow® company), one of your trustees who is an individ® ing: u l (if you are a trust), or an "employed" (such as "Bodily injury" means. an Insurance, lass control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence!' or offense may sustained by a person; involve this policy, b; Mental anguish, Injury or illness, or emotional S. UNINTENTIONAL I SI distress, resulting at any time from such 1® The following is added t® Paragraph 6.p4 physical hart, sickness or disease; or re ent tlorts of COMMERCIAL GENERAL c, Care, loss of services or death resulting at LIABILITY CONDITIONS (ectio IV): - any time from such physical harm, sickness _.... The unintentional ®mission of, or unirtten® or disease. _ tional error in: any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- - RAILROAD EASEMENT Icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insure insurance. _ contract" in DEFINITIONS (Section V) is de® This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonra3newal in a or® 2 Subparagraph f,(1) of the definition of "in® dance with applicable insurance laws or regu® lationse sured contract" in DEFINITIONS (Section V) _-is deleted. T. WAIVER OF TVT RANSFER OF RIGHTSDEFINITION RECOVERY AGAINST OTHERS TO US WHEN AMENDED PROPERTY DAMAGE REQUIREDCONTRACT - TANGIBLE PROPERTY The following is added to Paragraph 8. Transfer The definition of "property damage" inDEFINI- of Rights of RecoveryAgainst Others to Us of Ti (Section ) is deleted and replaced by COMMERCIAL GENERAL LIABILITY 1® the following; Tl (Section iV): "Property damage"means: e waive any rights of recovery we may have a. Physical injury to tangibly property, including against any person or organization because of all resulting loss of use of that property, All payments a make ke for "bodily injury" "property such foss of use shall be deemed to occur at damage®", "personal injury" or "advertising injury®' the time of the physical injury that caused It, - arising out of: or 1. Promises owned by you, temporarily do - b, Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured_ All such loss of use shall leased or rented to you, be deemed to occur at the time of the " ur9 ® Ongoing performed b p y Y®ua r n aerations rence" that caused it. your be if, under a contract or agreement For the purposes of this insurance, tangible prop® with that person or organization: erty does not include data. 3, "Your work"; or 79 09 07 0 2007 The rrdveiers Companies, Inc. Page'7 of 8 COMMERCIAL GENERAL LIABIL! The following defini(lon is added to SECTION V — and "property damage" occurs, and the "persona DEFINITIONS: injury" is caused by an offense committed: "Contract or agreement requiring insurance" a, After you have entered into that contract or means that part of any contract or agreement agreement, - under which you are required to include a person b, While that part of the contract or agreement or organization as are additional insured on this is in effect-, and Coverage Part, provided that the "bodily injury"° c® before the end of the policy period. Page 8 of 8 0007 TheTravefers Co aisles, Inrca, CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTSTHIS ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following° COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to WHO 1S AN INSURED list (Section Ill) for this Coverage (Section Ii)® hart., Any person or organization that you agree in a B. The following is added to Paragraph a. of 4; 11contract or agreement requiring insurance" to in- Other Insurance In COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY ITt (Section IV). - Part, but only with respect to liability for "bodily in- "propertydamage" "< However, If you specifically agree Ina contract or jury" or "personal injury" caused, in whale or in part, by your acts or orris- agreement requiring insurance" that the insuranc® slons or the acts or omissions of those acting on provided to an additional insured under this Cov- your behalf: era a Part must apply on a primarybasis, or a primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions® such additional insured which covers such addi- b. in connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products -completed operations which coverage is sought occurs; and hazards O The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; n additional insured for "bodily injury„ "property after you have entered into that "contract or damage" or "prarsenal injury"° for which that per` agreement requiring insurance". But this insur® j son or organization has assumed liability in a corn- once still 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 is limited as follows: when the insured is an additional insured sander . This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recoveryin rs To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON - age Part. DITIONS (Section IV): a. this insurance does not apply to the render® We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services", payments we make for "bodily injury„ "property . The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement re uir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the eclar a rights only where you have agreed to do so as #ions for this Coverage Part, whichever are part of the "contract or agreement requiring insur® less;,, This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81097 @ 2007 The rravelers Companies, Inc. Page 'I of 2 hoods rtcs the copyrighled rmakeriral of Insurance Services Office, Inc,, Mh Bts permNslon COMMERCIAL GENERAL LIABILITY injury" or "property damage' occurs, or the "per® ®rage part, provided that the "bodily injury` and sonal injury" offense is committed. 1,property damage" occurs, and the "personal in The; following definition is added to DEFINITIONS Try" is caused by an offense committed: (Section )q a, After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement urn- b; While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured can this Cov- c. Before the end of the policy period. 1 ,, ,- Q 2007 rh p rraareWs rrc!m era , Inc, CG D3 31 09 07 InCKV S the rar, nTr red mater4d of (cscruncrs Offir;e, Wr;; ,vith ds parwiassocn TRAVELERSM WORKERS COMPENSATION AND EMPLOYERS IL! POLICY ENDORSEMENT WC 00 31( )®_0 1 LILY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the, right to recover our payments from anyone liable for an injury covered by this policy, We wil not enforce our right against the person or organization warned in the Schedule. (This agreement eppiied only to the e to tthet y u perform work tender p written contract that r0quirSS you to obtain this agreement from a :) This agreement shall not operate directly or indirectly to boWt any one not named In the Schedule. SCHEDULE DESIGNATED DESIGNATED DATE OF ISSUE: ST ASSI , From: Pam Mato Sent: Tuesday, June 07, 2016 12:04 PM To: cvogt@interwestgrp.com Cc: Carla Triplett; Monika Radeva Subject: Form 700 explanation Attachments: Form 700 consultant definition.docx Follow Up Flag: Follow up Flag Status: Flagged Per our phone conversation today, I have attached the Consultant explanation for the Form 700. Since you have not assigned an employee as of yet to do the work, not having a Form 700 will not hold up your contract. The minute you have a assigned an employee you mus� get a Form 700 to Carla same day. I have also copied Monika on this email. She is the one who reviews the final contract and will nor, know why there is not a Form 700 attached. i Pam Nieto I Deputy City Clerk City of La Quinto 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7103 P'Ote,U)(OW -q'vJ'qtQ'()rg website: W &A-w—, L--Q--Q-wi qtq�Qrg 0 Limited disclosure on Form 700, Statement of Economic Interest, shall be required from consultants who make or participate in making decisions which may foreseeably have a material financial effect on their economic interest(s) [Government Code 8201 This determination shall be made using the FPPC definition contained in Regulation 18701(a)(2) which states: "Consultant®' means an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; (v) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.02 or perform the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code section 87302." (C) The FPPC definition in Regulation 18702.1(a) should be used to determine whether a consultant is This applies where the consultant, acting within the authority of his or her position: 110) Votes on a matter; (2) Appoints a person; (3) Obligates or commits his or her agency to any course of action; (4) Enters into any contractual agreement on behalf of his or her agency; (5) Determines not to act, within the meaning of subdivisions such determination is made because of his or her financial interest. When the determination not to act occurs because of the official's financial interest, the official's determination may be accompanied by an oral or written disclosure of the financial interest." The FPPC definition in Regulation 18702.2 should be used to determine whether a consultant pg�_ mg��. This applies where the consultant, acting within the authority of his or her position: 11 (a) Negotiates, without significant substantive review, with a governmental entity or private person iegarding a governmental decision referenced above in FPPC Regulation 18701(02)(A); or Advises or makes recommendations to the decision maker either directly or without significant intervening substantive review, by® (I ) Conducting research or making any investigation is requires the exercise of judgment on the part of the [consultant] and the purpose of which is to influence a governmental decision referenced [above in FPPC Regulation] 18701 (a)(2)(A); or (2) Preparing or presenting any report, analysis, or opinion, orally, or in writing, which requires the exercise of judgment on the part of the official and the purpose of which is to influence a governmental decision referenced [above in FPPC Regulation] 18701 (a)(2)(A) La Quinta City Clerk's Department October 2012 1 City Ordinance 500 defines Limited Disclosure as "all investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city or property located not more than two miles outside the boundary of the city or property located within two miles of any property owned or used by the city." DETERMINING WHO IN A CONSULTING FIRM MUST FILE: "The obligation to file Form 700 is always imposed on the individual who is providing services to the agency, not on the business or firm that employs the individual." [from FPPC Reference Pamphlet 9 (2011/2012)1 G�iWi�taC—ityCf-e-r�-'s-6e-p—a�tm—e�t— —Octo =erNfl� 2 4 4,Zr Qumt(v a 7$- 95 Calle Tampico La Quinta, California 92253 (760) 777-7000 CERTIFICATE NON -TRANSFERABLE BUSINESS LOCATION Dear Business Owner: OUTSIDE CITY LIMITS Please be aware that issuance of a business license by the City does not authorize you to conduct business In a building or tenant space that has not been approved for occupancy by the Design and Development Department. If you have any questions regarding this Issue, or If you are not sure If a Certificate of Occupancy has been issued for your place of business, please contact Design and Development at (760)777-7000, BUSINESSI TER EST CONSULTING GROUP, IN The Licensee named herein having paid to the city of to Quinta all fees required, license is hereby granted said licensee to transact the business herein set forth, for the ADDRESS.BUSINESS PO BOX 18330 period stated, In conformity with the Provisions of ordinance No. 2 of this City. Thal Licensee is issued without verfication that the licensee is subject to or exempt from BOULDER, CO 80308 licensing by the State of California. BUSINESS LI ® LIC-01 2215 By CLASSIFICATION: NGO ERI G SERVICES DESIGN AND DElELPMENT DIRECTOR EXPIRATION DATE, 6/30/2 17 e I MEMORANDUM Frank J. Spevacek, City FROM:Amothy. J nassi v l it c l i i a DATE: June ' 2016 Professional _Services_Agreementwith InterwestConsulting_ Group - r On- Calli iServices Attached fr your signature is the agreementt ltiGroup and the Cityof La it services referenced above. Pleasesignthe agreement(s) nd _ return it,it,to the CityClerk or - processing and distribution. tsti t rt s 1.ck and attach the its l s rl tee Contract payments will be charged to account number:101-7002-60183 _ Amount of Agreement; $50,000.00 A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests X A Conflict of Interest Form 700 statement of Economic Interests is not required because this Consultant does not meet the definition in FPC regulation 15701(2). ut rit Approved by the City Council on; . _ (date) CityManager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less Initial to certify that 3 written informal bids or proposals were received and considered in selection 11ir r (rqd aor�ts drstaa6d d dc�rrria Insurance certificates as required by the agreement (approved byRisk Manager on data) Performance bonds as required by the agreement (originals) City of La Quinto Business License No. 21 1 1 7 Purchase Order number ta Qa;Ara GENT of ibe 1)ESEK1' — June 30, 2017 Interwest Consulting Group Attn: James G. Ross 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 RE: PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF LA QUINTA FOR ON -CALL ENGINEERING PLAN CHECK SERVICES Dear Mr. Ross, The City of La Quinta gives notice that it wishes to exercise the option to extend the term of the Professional Services Agreement for Interwest Consulting Group, in accordance with the Professional Services Agreement (Agreement) dated July 1, 2016. The Agreement will be extended for an additional year, expiring on June 30, 2018. All other terms and conditions of the Agreement remain unchanged. If you need additional information or would like to discuss this matter further, please contact Bryan McKinney at (760) 777-7045 or at bmckinney@la- quinta.org. Sincerely, i iy McKinney, P.E. Principal Engineer 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000