2013/07/30 Gary F. Hoyt Landscape Architecture, Inc. FY13 OnCall landscape plan check PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 301h day of
July, 2013 by and between the CITY OF MENIFEE ("City") and GARY F. HOYT LANDSCAPE
ARCHITECTURE, INC. ("Consultant") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of Work,
(Exhibit A) and incorporated here. Consultant will perform subsequent Task Orders as
requested by the Contract Administrator, in accordance with the Scope of Work. In the event of
a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement
shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the July
30, 2013 and shall end on June 30, 2013 unless the term of the Agreement is otherwise
terminated or extended as provided for in Section 8. The time provided to Consultant to
complete the services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services
required pursuant to this Agreement in the manner and according to the standards observed by
a competent practitioner of the profession in which Consultant is engaged in the geographical
area in which Consultant practices its profession and to the sole satisfaction of the Contract
Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed seven thousand four hundred twenty nine dollars and thirty eight cents
($7,429.38) notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of
compensation, this Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
Professional Services Agreement with Gary F.Hoyt Landscape Architect 1 of 12
herein. Except as specifically authorized in advance by City, Consultant shall not bill City for
duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of
this Agreement, based on the cost for services performed and reimbursable costs incurred prior
to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement,
and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person
doing the work, the hours spent by each person, a brief description of the
work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder necessary to complete the work described in
Exhibit A;
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on
invoices received, for services satisfactorily performed, and for authorized reimbursable costs
incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of
the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum
due pursuant to this Agreement within sixty (60) days after completion of the services and
submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within
the maximum amount of the contract.
Professional Services Agreement with Gary F.Hoyt Landscape Architect 2 of 12
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for
all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of
the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided,
Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to
perform the services required by this Agreement. City shall make available to Consultant only
physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City. In no event shall City be required to furnish any
facility that may involve incurring any direct expense, including but not limited to computer, long-
distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Consultant has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
be included in the Consultant's compensation. Consultant shall not allow any subcontractor,
consultant or other agent to commence work on any subcontract until Consultant has obtained
all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior
to execution. Consultant acknowledges the insurance policy must cover inter-insured suits
between the City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not
less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS
($1,000,000.00) disease per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per
policy , In the alternative, Consultant may rely on a self-insurance program to meet those
requirements, but only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets the standards
of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive
all rights of subrogation against the City and its officers, officials, employees, and authorized
volunteers for loss arising from work performed under this Agreemenf.
4.2 Commercial General
Automobile Liability Insurance.
Professional Services Agreement with Gary F.Hoyt Landscape Architeel 3 of 12
4.2.1 General requirements. Consultant, at its own cost and expense,
shall maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage, for risks associated with the work contemplated by
this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection against
claims arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use of
hired, owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be no later than the commencement of the work.
b. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the Agreement or the work, so
long as commercially available at reasonable rates.
Professional Services Agreement with Gary F.Hoyt Landscape Architect 4 of 12
C. If coverage is canceled or not renewed and it is not
replaced with another claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5)
years after completion of the Agreement or the work. Such continuation coverage may be
provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later than the
commencement of the work under this Agreement. The City shall have the right to exercise, at
the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section
is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of
all policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
Landscape Inspection and Plan Check. The name and address for Additional Insured
endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714
Haun Road, Menifee, CA 92586. The City must be endorsed as an additional insured for liability
arising out of ongoing and completed operations by or on behalf of the Consultant.
4.4.3 Notice of Reduction in or Cancellation of Coverage A certified
endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled or materially changed by either party, or
reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified,
mail, return receipt requested, has been given to the City. In the event that any coverage
required by this section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than ten (10) working days after Consultant is notified of the
change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as additional insureds with
respect to each of the following: liability arising out of activities performed by or on behalf of
Consultant, including the insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant in the course of providing services
pursuant to this Agreement. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized volunteers. The
insurance provided to the City as an additional insured must apply on a primary and non-
Professional Services Agreement with Gary F.Hoyt Landscape Architect 5 of 12
contributory basis with respect to any insurance or self-insurance program maintained by the
City. Additional insured status shall continue for (1) year after delivery of product(s).
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be called upon
to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Consultant shall
obtain the written approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage,
scope, limits, and forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive
remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and
withhold any payment, until Consultant demonstrates compliance with the
requirements hereof; and/or
• Terminate this Agreement.
Professional Services Agreement with Gary P.Hoyt Landscape Architect 6 of 12
Section 5. INDEMNIFICATION.
Design Professional agrees to indemnify, defend and hold harmless, the City, its officers,
officials, employees and volunteers from any and all claims, demands, costs or liability that
actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful
misconduct of Design Professional and its agents in the performance of services under this
contract, but this indemnity does not apply to liability for damages for bodily injury, property
damage or other loss, arising from the sole negligence, active negligence or willful misconduct
by the City, its officers, official employees, and volunteers.
As respects all acts or omissions which do not arise directly out of the performance of
professional services, including but not limited to those acts or omissions normally covered by
general and automobile liability insurance, Consultant agrees to indemnity, defend and hold
harmless the City, its officers officials, employees and volunteers for an against any claim,
demands, losses, liability of any kind or nature arising out of or in connection with the
Consultant's performance or failure to perform under the terms of this contract, excepting those
which arise out of the active negligence, sole negligence or willful misconduct of the city.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. 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 providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor
shall comply with all applicable local, state and federal laws and regulations applicable to the
performance of the work hereunder. Consultant shall not hire or employ any person to perform
work within the City of Menifee or allow any person to perform work required under this
Agreement unless such person is properly documented and legally entitled to be employed
within the United States. Consultant shall obtain a City of Menifee business license. Consultant
shall require the same of all subcontractors.
I
7.3 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to practice their
Professional Services Agreement with Gary P.Hoyt Landscape Architect 7 of 12
respective professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term or this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing
signed by all the parties.
8A Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant. Consultant
may not assign this Agreement or any interest therein without the prior written approval of the
Contract Administrator. Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator. In the event that key personnel
leave Consultant's employ, Consultant shall notify City immediately.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant shall survive
i
the termination of this Agreement.
Professional Services Agreement with Gary F.Hoyt Landscape Architect 8 of 12
8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete
the work described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or any other
form that Consultant prepares or obtains pursuant to this Agreement and that relate to the
matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and agreed
that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of both parties unless
required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and
all ledgers, books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and disbursements
charged to the City under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Section 9.2 of this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon oral or written
request of, the City. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the request of
City or as part of any audit of the City, for a period of three (3) years after final payment under
the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
Professional Services Agreement with Gary F.Hoyt Landscape At ell itect 9 of 12
10.1 Attorneys' Fees. If either party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees and expenses including costs,
in addition to any other relief to which that party may be entitled. The court may set such fees in
the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement
not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be
handled for Consultant by Gary F. Hoyt.
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Jonathan G. Smith ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Gary F. Hoyt Landscape Architecture, Inc.
12888 Francine Terrace
Poway, CA 92064
Any written notice to City shall be sent to the Contract Administrator with a copy
to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.9 Professional Seal. Where applicable in the determination of the
Contract Administrator, the first page of a technical report, first page of design specifications,
and each page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be in a block
entitled "Seal and Signature of Registered Professional with report/design responsibility," as in
the following example.
Professional Services Agreement with Gary F.Hoyt Landscape Architect 10 of 12
Seal and Signature of Registered Professional with
report/design responsibility.
10.10 Integration. This Agreement, including the scope of work attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute one
agreement.
Section 11.
The Parties have executed this Agreement as of the Effective Date.
CITY IVJMA
IFEE CONSULTANT
q
Robert A. ohnson, Interim City Manager Gary F. Hoyt, residen C
Gary F.1=Fap andsca rru
chitecture. Inc.
Attest:
%'� n �� Gary F. Hoyt Secretary
, n'IV� tr Gary LandscapdjArchitecture. Inc
Kathy Bennett, City Clerk
Ap roved as to Form:
J e Hayw-ard—Mgs'lWAttorney
Professional Services Agreement with Gary F.Hoyt Landscape Architect 11 of 12
EXHIBIT A
SCOPE OF WORK
See attached proposal dated February 2013
Professional Services Agreement with Gary F,Hoyt Landscape Architect 12 of 12
CITY OF MENIFEE
PUBLIC WORKS / ENGINEERING
DEPARTMENT
PROPOSAL FOR:
LANDSCAPE ARCHITECTURAL
PLAN CHECK & INSPECTION SERVICES
Gary F. Hoyt Landscape Architecture, Inc.
12888 Francine Terrace
Poway, CA 92064
February 2013
Gary F Hoyt
February 8, 2013
Mr. Jonathan Smith
Assistant Director
Department of Public Works/Engineering
City of Menifee
29714 Haun Road
Menifee, CA 92586
v tt s c o p e Subject: Statement of Qualifications
architecture, t n e. Landscape Architectural Plan Check and
Inspection Services
Dear Mr. Smith:
Gtry EHflyt.ASLA I am very pleased to have this opportunity to submit my
Principal firm's qualifications to provide landscape architectural plan check
and inspection services to City of Menifee. I have relevant
experience providing plan check and inspection services from my
tenure in the public sector as Landscape Architect for the City of
Poway, CA. My firm currently provides such services to the cities
of Poway, California and La Mesa, California.
LandscapeArclteeture I would like to offer for your consideration the services of
Land Planning my firm—Gary F. Hoyt Landscape Architecture, Inc.—for
landscape plan check and inspection services. My firm offers the
City of Menifee over thirty years of landscape architectural
experience in Southern California. For the last twenty years, I
have provided plan check and inspection services to the City of
Poway. In addition, I have provided plan check and inspection
services to the City of La Mesa, California since 2004.
Thank you for your time and consideration. It is my desire
to complement the professional staff of the Department of Public
Works/Engineering. My extensive experience providing plan check
and inspection services will be an asset to the City and the
Department. I am authorized to negotiate an agreement and
contractually bind our firm. If you have any questions regarding
how I may be able to assist in meeting your needs for landscape
architectural plan check and inspection services, please call me at
13625 Adraan Street your convenience.
Poway CA 92064 Enclosed are a firm profile, my professional resum6, and
references.
Sincerely,
tr1 858.486A931
fux: 858.486.14 57 Gary F. Hoyt, ASLA
California R.L.A. #2517
RLA#25I i
FIRM PROFILE
General Information
Gary F. Hoyt Landscape Architecture, Inc. (GFHLAI) is a
professional firm providing landscape architectural and land planning
services to government and private sector clients in California and
Arizona. Our firm stresses site—specific design and planning solutions,
respecting each unique combination of client and site. GFHLAI offers
expertise in landscape architecture, landscape management, site
planning, park and recreation design, habitat restoration and
revegetation design, and landscape plan check and inspection services.
Gary F. Hoyt, ASLA, President/CEO of the firm, is a licensed and
registered landscape architect in the State of California and State of
Arizona. Mr. Hoyt has over thirty years of professional experience
practicing landscape architecture in Southern California and the
Southwestern United States. In that time, he has provided creative,
valuable, sustainable and highly functional solutions for a wide range of
landscape architectural projects. This full spectrum of work includes
parkways and streetscapes, public facilities design, community and
neighborhood parks and recreation areas, natural area restoration, and
landscape plan check and inspection services. In 1981, Mr. Hoyt received
a bachelor's degree in landscape architecture from the University of
Oregon.
The firm has provided landscape plan check and inspection
services for the City of Poway, Department of Development Services, for
the past nineteen years. The City of La Mesa, Planning and Development
Services Department, selected GFHLAI to provide landscape plan check
and inspection services in 2004. These public agencies have sought out
Gary F. Hoyt Landscape Architecture, Inc. to provide ongoing
professional consulting services because of our history of effective client
service and understanding of public agencies needs for landscape
development support services.
Our office has been located in Poway, California for 19 years. Staff
currently includes Gary F. Hoyt, owner and principal landscape
architect, and Patricia Lamouree, CADD technician and irrigation
designer. Mr. Hoyt is a member of the American Society of Landscape
Architects (ASLA).
1
STAFF QUALIFICATIONS
Gary F. Hoyt Landscape Architecture, Inc. professional staff is
very qualified to provide landscape plan check and inspection services to
the City of Menifee. The City may be assured that it will be one of the
firm's most important clients, and hopefully, will continue to be so for
many years in the future. In recognition of this key relationship, the
principal and owner of the firm, Gary F. Hoyt, ASLA, will be assigned to
provide landscape plan check and inspection services. He will be the
direct contact with City staff in all matters regarding the requested
services.
Mr. Hoyt is President/CEO of the firm, and a licensed and
registered landscape architect in the State of California (RLA 2517) and
State of Arizona (RLA 32969). He received a bachelor's degree in
landscape architecture from the University of Oregon In 1981. Mr. Hoyt
has over thirty years of professional experience practicing landscape
architecture in Southern California and the Southwestern United States.
In 1993, he began his current practice as GFH Landscape
Architecture, later incorporating the business as Gary F. Hoyt Landscape
Architecture, Inc. Prior to starting his own firm, Mr. Hoyt was employed
with several private practice firms. He was employed as a landscape
architect with the City of Poway Development Services Department from
1990 to 1993. Mr. Hoyt's resume is provided for additional information
(pages 13-14).
Gary F. Hoyt Landscape Architecture, Inc. has provided continuous
plan check and inspection services to various public agencies since
1993. Mr. Hoyt will continue to directly supervise and perform the
services under the new contract. He will be the project manager and will
oversee all communication with the City's staff.
2
EXPERIENCE
The primary focus of Gary F. Hoyt Landscape Architecture, Inc.
is to provide professional landscape architectural services to local agency
and municipal government clients in Southern California. Our experience
ranges from landscape design and staff consultation, to landscape plan
check and inspection services. Gary F. Hoyt, ASLA, is the
President/CEO of the firm. His direct assignment will be to provide
landscape plan check and inspection services to the City of Menifee.
Plan Check and Inspection Services for Local Governments
Mr. Hoyt began his working relationship with the City of Poway, CA
in November 1990, when he was employed by the City's Planning
Services Department. The department was later merged into the
Department of Development Services. The principal emphasis of Mr.
Hoyt's role as staff landscape architect was to provide in-house expertise
regarding landscape issues in development. A primary task within that
role was to review landscape construction documents submitted to the
City for review. Mr. Hoyt checked plans and specifications for
conformance to City of Poway ordinances, development standards, and
landscape requirements. During installation of landscape improvements,
he reviewed work in the field for compliance with the approved
construction documents.
After departure from the City in October 1993, Mr. Hoyt
established a private landscape architectural practice in Poway, where it
is still located today. He was contracted to provide on-going landscape
plan check and inspection services as consulting landscape architect for
the City of Poway that same year. Mr. Hoyt has continued to provide the
same services to the City to the present day.
Mr. Hoyt began work on the revision and update of the City of
Poway Guide to Landscape Requirements during his tenure with the City,
and afterwards as consulting landscape architect. The Guide had been
adopted by Poway in 1983, soon after incorporation as a general law city.
Because much of the original landscape requirements document was
outdated by the mid-1990's, Mr. Hoyt contributed to a major rewrite and
update of the landscape standards. The updated Guide to Landscape
Requirements was adopted by City Council resolution in 1997.
In January 2010, the City Council adopted a new landscape
ordinance, as well as the most recent update to the City's landscape
3
standards. As with the last update, Mr. Hoyt provided critical input and
review of the new landscape ordinance and standards. His contribution
is discussed in greater detail below under "Water Conservation."
Gary F. Hoyt Landscape Architecture, Inc. was selected to
provide landscape plan check and inspection services to the City of La
Mesa, California in 2004. As part of the scope of services for La Mesa,
Mr. Hoyt provided review and input for the update of the City's landscape
standards. He also reviewed and revised the City standard street tree list.
The contract for landscape architectural services with La Mesa is
currently entering its tenth year.
Mr. Hoyt is very aware that the general public perceives his role
with the cities for which he provides plan check and inspection services
as being a City employee. He has always been very careful to discharge
his responsibilities, and to communicate to the public when necessary,
in a thoroughly professional and helpful manner. There have been no
known complaints by the public regarding Gary F. Hoyt Landscape
Architecture, Inc. services to local government clients.
Recycled (Reclaimed) Water Programs
Infrastructure improvements during development of the South
Poway Business Park in the 1980's and early 1990's included the
construction of the recycled (i.e., reclaimed) water distribution system for
the area. Landscapes are required to use recycled water for irrigation
purposes in the Business Park. Mr. Hoyt worked with City staff to review
and provide input during development of the City of Poway regulations
for use of recycled water. The regulations were adopted by City Council
in 1997. For twenty years to the present time, Mr. Hoyt has reviewed
hundreds of project landscape plans for conformance to recycled water
regulations. And he continues to perform field inspections of landscapes
utilizing recycled water to verify compliance with those regulations.
Integral with the plan check and inspection process for recycled
water within the Development Services Department, Mr. Hoyt provides
close coordination with the City of Poway Public Works Department and
the County of San Diego, Department of Environmental Health. The
County is responsible for administration of State Health Department
regulations for use of recycled water in landscapes. Mr. Hoyt facilitates
necessary coordination by the inspecting parties—himself, City, and
County staff—to ensure timely occupation of facilities by local businesses
in the South Poway Business Park.
4
Water Conservation
Gary F. Hoyt Landscape Architecture, Inc. has always regarded
water conservation as a critical component of the knowledge and
expertise the firm provides to local government clients. The wise use of
water resources, and its ever-increasing cost, is of paramount concern to
local governments in Southern California. As part of his review of the
City of Poway Guide to Landscape Requirements in the 1990's, and to
comply with AB 325 ("Water Conservation in Landscaping Act"), Mr. Hoyt
emphasized the goal of water conservation in the City. He rewrote the
chapter in the document that outlined water conservation principles in
the landscape. Examples of specific requirements that he included in the
1997 landscape standards update were a) limited use of turfgrass, b)
check valves in irrigation systems to eliminate low-head drainage, c)
encouragement of drip irrigation systems, d) use of mulches to conserve
soil moisture, e) automatic irrigation control systems, and f) proper
maintenance of landscape improvements.
In 2006, the State of California repealed AB 325, and enacted AB
1881, a new landscape water conservation statute. AB 1881 mandates
new and more stringent requirements for local governments to conserve
water in the landscape. In conjunction with the new act and its
requirements, many local governments joined together with industry
professionals to foster a consistent regional approach to adopting and
enforcing the State regulations. Our firm, Gary F. Hoyt Landscape
Architecture, Inc. was an adjunct and advisor to the City of Poway and
City of La Mesa on the regional working group's efforts to prepare a
Model Landscape Ordinance for local governments and agencies to use
as a starting point for their own ordinances. Our firm continues to be
very involved in the current working group, the Conservation Action
Committee, to review new standards and techniques to promote water
conservation in the landscape industry.
Mr. Hoyt worked very closely with both City's staff to review the
model regional ordinance, and to draft new City landscape ordinances
suitable to particular requirements and priorities in La Mesa and Poway.
The new Poway "Water Efficient Landscape Ordinance" (PMC 17.41) was
adopted by City Council on January 15, 2010. Prior to enactment of the
landscape ordinance, Mr. Hoyt volunteered his time and expertise, with
assistance of City staff, to coordinate and prepare a major update and
revision of the City of Poway 1997 landscape requirements.
For the current update of the 1997 document, Mr. Hoyt reviewed,
revised and drafted new landscape standards to implement the City of
Poway "Water Efficient Landscape Ordinance." His efforts, along with
those of City staff, resulted in the Poway Landscape and Irrigation Design
5
Manual. The manual was adopted by City Council resolution at the same
time as the landscape ordinance. The new City standards require
applicants to submit landscape plans with water use calculations to
quantify proposed water savings, including the Maximum Applied Water
Allowance (MAWA) and Estimated Total Water Use (ETWU). Mr. Hoyt, after
extensive work with the regional model ordinance committee, is very
knowledgeable regarding the new water use calculations and plan
submittal requirements. He is reviewing such calculations with current
landscape plan checks for the City of Poway and City of La Mesa.
Vegetative Fuel Management and Fire Safety
Portions of Poway were devastated by the wildfires in 2003 and
2007. As a result, and to comply with State fire code regulations, the City
of Poway adopted new fire safety requirements for the "wildland—urban
interface" (WUI). Mr. Hoyt and City staff reviewed the standards for
vegetative fuel management and extensively revised Section Six of the
City's Landscape and Irrigation Design Manual to comply with the new
code.
Our firm's experiences in the last several years with plan checks in
the City of Poway shows that most of the landscape plans have a
condition to require vegetative fuel management. Mr. Hoyt has over
twenty years experience checking plans for defensible space and
vegetative fuel management requirements in the City of Poway and
elsewhere in the County. He has extensive knowledge of landscape
planting and irrigation for fire safety ("firescaping"), which has proved to
be valuable asset in implementing wildland defensible space
requirements in Poway.
Low Impact Development and Stormwater Pollution Prevention
Current "green building" standards in California require cities to
implement low impact development (LID) techniques in new construction.
Gary F. Hoyt Landscape Architecture, Inc. has incorporated LID
principles, such as bioswales and bio—retention basins, in landscape
design work for their clients. As a result, Mr. Hoyt has knowledge of the
most effective techniques, and how they may perform in a specific
situation.
Low impact development features in the landscape may adversely
affect the appearance and maintenance of landscapes. Using his
experience implementing these techniques in the landscape, Mr. Hoyt
has helped applicants submitting plans to public agencies, and their
designers, to avoid landscape implementations that may have had issues
with maintenance and appearance.
6
Summary
Gary F. Hoyt Landscape Architecture, Inc. has provided plan
check and inspection services to the City of Poway since 1993, and the
City of La Mesa since 2004. Mr. Hoyt, as city landscape architect, began
performing landscape plan checks and inspections three years prior, in
1990. During that time, landscape requirements, and the plans and
specifications submitted under those requirements, have evolved greater
complexity to meet the demands outlined above.
The knowledge and expertise necessary to thoroughly and
completely review plans, and to inspect them for compliance during
construction, while ensuring that the many benefits landscapes provide
are possible, has increased as well. Many varied and often conflicting
landscape requirements including project conditions and statutory
requirements, water conservation, recycled water use, vegetative fuel
management and fire safety, and low impact development must be
considered and made to mesh harmoniously in the completed project.
Mr. Hoyt has demonstrated that he has the knowledge and expertise
required to assist project applicants in this process, and to continue to
provide high—quality, effective and efficient landscape plan check and
inspections services to municipalities and government/public agencies.
7
COMPENSATION
Gary F. Hoyt Landscape Architecture, Inc. compensation to
provide landscape plan check and inspection and other related services
to the City of Menifee is outlined below.
Compensation is hourly for Time and Materials.
Consultant will submit invoices to the City monthly, and City will
compensate Consultant within 30 days of receipt of invoices for services
performed. City agrees to notify Consultant of any disputed invoice
within 10 days of receipt of the invoice,
Reimbursable expenses will be paid in accordance with the
contract between City and Consultant.
Suggested Hourly Billing Rates (negotiable)
Plan Check and Inspection Services: $65.00
Administrative/Technical Support: $55.00
8
SCOPE OF WORK
Gary F. Hoyt Landscape Architecture, Inc. will provide
landscape plan check and inspection and other related services to the
City of Menifee as outlined in the scope of work below,
Landscape Plan Check
1. Pick up landscape plan submittal package from Menifee City Hall.
Review landscape construction plans for conformance to project
conditions of approval and City's Landscape Water Use Efficiency
Requirements (MMC Chapter 15.04), landscape standards, and
other applicable codes and regulations. Perform re-checks until
plans are approved by the City.
2. Transmit plan check prints between City Hall and Consultant's
office.
3. Coordinate plan checks with all City departments that have project
conditions. Meet with staff as required to facilitate plan reviews and
gather all comments pertinent to the project.
4. Provide a high quality plan review process, which is timely and
thorough. Turnaround time between plan pick up from the City and
completed review will be one to two weeks.
5. Attend meetings with City staff and project applicants, and
applicants' design professionals, as requested by staff to discuss
project comments.
6. Review, and provide comments on, proposed City regulations and
policies related to Consultant's knowledge and expertise.
7. Review landscape concept plans for projects during the entitlement
process, as requested by staff.
8. Develop and maintain written forms to document correction items
on landscape plans, and transmit written corrections to staff.
9. Confirm that final landscape construction documents are complete
and correct, and conform to all required project conditions and
regulations prior to signature approval by the City.
10. Review construction changes and project as-built drawings.
9
Field Inspection Services
1. Attend pre-construction meetings and any other project meetings as
required.
2. Perform necessary field inspections during landscape construction
to verify compliance with approved plans. Inspections may include,
but are not limited to, the following:
• Irrigation main line installation and pressure test
• Testing and certification of irrigation backflow prevention devices
• Installation of irrigation valves, wiring, and automatic controllers
• Irrigation system operation and coverage test
• Review of agricultural soil test report
• Review and acceptance of street trees
• Vegetative fuel management implementation
• Acceptance of completed landscape installation prior to occupancy
3. Develop and maintain written forms to document correction items
for landscape construction to conform to approved plans and City
codes and regulations. Transmit written punch lists to City staff.
4. Meet with project applicant, and applicant's contractor and design
professional, as needed to review the project installation and
corrections (punch list).
10
REFERENCES
Gary F. Hoyt Landscape Architecture, Inc. offers the references
herein of clients who are familiar with the landscape plan check and
inspection and other related services provided by the firm.
References
Mr. Bill Chopyk
Director, Planning and Development Services
City of La Mesa
8130 Allison Avenue
La Mesa, CA 91941
Work: (619) 667-1187
Ms. Yvonne Garrett
Director, Community Services Department
City of La Mesa
4975 Memorial Drive
La Mesa, CA 91941
Work: (619) 667-1311
Rachel Hurst
Director, Community Development, Redevelopment Services and Housing
City of Coronado
1825 Strand Way
Coronado, CA 92118
Work: (619) 522-7326
Mr. Robert Manis
Director, Development Services Department
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Work: (858) 668-4601
11
CITY-CONSULTANT COORDINATION
Gary F. Hoyt Landscape Architecture, Inc, will provide
landscape plan check and inspection, and other related services, to the
City of Menifee. The Consultant will coordinate with the City to effectively
provide services as outlined in this proposal. City tasks may include the
following:
City Tasks—Plan Check
1. Accept plans and supporting construction documents, and collect any
required fees or deposits. Determine completeness of submittal
package and assign project number. Provide project conditions from
other City departments. Assemble plan check package for pick up by
Consultant.
2. Collect fees based on final cost of service, including additional
deposits, if necessary.
3. Sign approved landscape plans, and schedule City Council reports, if
required.
4. Provide access to City landscape plan storage (paper and digital), and
pertinent project records as deemed necessary by City staff.
5. Provide access to software systems utilized by City to track projects.
City Tasks—Inspection
1. Provide access to as—built plans, if necessary.
2. Prepare City Council reports for acceptance of improvements and
release of securities.
12
Gary F. Hoyt
President/CEO and Principal Designer, Gary F. Hoyt Landscape Architecture, Inc.
EDUCATION: Mr. Hoyt was responsible for
construction support and field
B.L.A. in Landscape Architecture, review of landscape improvements
University of Oregon, Eugene, OR at the award-winning Aubrey Park
1981 in Poway, CA. He has also served as
principal field inspector providing
RESPONSIBILITIES: construction review services on
numerous transportation related
Mr. Hoyt's responsibilities are in projects in Southern California.
contract administration, project
management, plan check and Prior to starting his firm, Mr. Hoyt
inspection services, and design. He was the City Landscape Architect for
participates in the public input Poway, CA. In this position, he
process and project team meetings. managed the implementation and
Mr. Hoyt oversees and prepares review of the City's landscape
conceptual studies, master plans, standards, oversaw the landscape
and construction documents. He design of City facilities, and assisted
also provides construction support staff of other City departments with
services. regard to landscape issues.
EXPERIENCE: Mr. Hoyt has prepared landscape
construction documents and
Gary F. Hoyt founded the firm in provided project management for
1993, and was immediately retained public and private projects in San
as the consulting City Landscape Diego County while employed with
Architect for the City of Poway, CA. Gillespie DeLorenzo & Associates.
Mr. Hoyt has been responsible for Also with the firm, he developed the
construction document plan check, Revelle College/Campus Loop Road
and construction inspection for for the University of California San
numerous landscape projects in Diego, Campus Planning Office.
Poway for over twenty years
including neighborhood parks; PROFESSIONAL AFFILIATIONS:
streetscape and parkway projects;
private residential, commercial, and Member, American Society of
industrial projects; and a wide range Landscape Architects (ASLA)
of public facility capital
improvement projects. Member, ASLA Stewardship
Committee, San Diego Chapter
Mr. Hoyt currently provides similar
landscape plan check and Former Vice President, San Diego
inspection services on private Chapter, ASLA
development projects for the City of
La Mesa, CA.
13
Gary F. Hoyt
President/CEO and Principal Designer, Gary F. Hoyt Landscape Architecture, Inc.
COMMUNITY INVOLVEMENT:
Member, Legislation Regulation
Subcommittee/Conservation Action
Committee, San Diego County Water
Authority (sponsor)
Former Member, Park and
Recreation Committee, Santee, CA
Former Member, Earth/Arbor Day
Committee, Poway, CA
Former Member, Tree Committee,
Poway, CA
REGISTRATIONS:
Landscape Architect:
• California #2517
• Arizona #32969
14