2014/07/01 Gary F. Hoyt Landscape Architecture, Inc. Landscape review services PROFESSIONAL SERVICES AGREEMENT
(Gary F. Hoyt Landscape Architecture, Inc.)
THIS AGREEMENT for Professional Services("Agreement") is made this 181h day of June,
2014 ("Effective Date") by and between the CITY OF MENIFEE ("City") and Gary F. Hoyt
Landscape Architecture, Inc., a S-Corporation, ("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 July 1, 2014
and shall end on June 30, 2015 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 Eighty-Thousand Dollars ($80,000) 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 herein.
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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.
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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 Agreement.
4.2 Commercial General
Automobile Liability Insurance.
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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.
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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: Market Analysis
for Menifee Auto Mall. 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-
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).
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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.
Section 5. INDEMNIFICATION.
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(a ) Indemnification for Professional Liability. Where the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City and any and all of its officials, employees and
agents ("Indemnified Parties")from and against any and all losses, liabilities, damages, costs and
expenses, including attorney's fees and costs to the extent same are caused in whole or in part
by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees
or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof)
in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance
of professional services and to the full extent permitted by law, Consultant shall indemnify, protect,
defend and hold harmless the City of Menifee, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees),where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub-contractors of Consultant.
(c) The provisions of this section do not apply to claims occurring as a result of City's
sole or active negligence. The provisions of this section shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officials, employees
and agents.
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
Professional Services Agreement with Gary F.Hoyt landscape 7 of 12
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.
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
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.
8.4 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
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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
the termination of this Agreement.
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
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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.
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 Hoyt.
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Jonathan 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
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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.
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.
10.12 Nondiscrimination. Consultant shall not discriminate in any way, against
any person n the basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the performance of
this Agreement.
Section 11.
The P -s have executed this Agreement as of the Effective Date.
CITY OF M IFE Gary F. Hoyt Landscape Archi cture, Inc.
Scott A. Mann, Mayor Gary . Hoyt, P sident/CEO
Attest: ) i
Kathy Bennett, City Clerk Gary F. Hoyt, S cretary
Approved as to Form:
f lie H. Bigg , City ttomey
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EXHIBIT A
SCOPE OF WORK
Professional Services Agreement with Gary F.Hoyt Landscape 12 of 12
Gary F Hoyt
June 5, 2014
Mr. Jonathan G. Smith, Director/City Engineer
Public Works/Engineering Department
City of Menifee
29714 Haun Road
Menifee, CA 92586
Subject: Statement of Qualifications and Proposal for
e n d e e a p e City of Menifee, Public Works/Engineering Dept.
architecture, w c, Landscape Architectural Plan Check and
Inspection Services
Dear Mr. Smith:
Gary EFyt ASLA I am very pleased to have this opportunity to submit my
firm's qualifications to provide continuing landscape architectural
Principal plan check and inspection services, and consultation services, to
City of Menifee Public Works/Engineering Department. 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 Menifee, Poway, and La Mesa, California.
LandaeapeArchitcature 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-two years of landscape architectural
experience in Southern California. For over twenty years, I have
provided plan check and inspection services to the City of Poway.
Moreover, I have provided plan check and inspection services to
the City of La Mesa, CA since 2004; and the City of Menifee, CA
since 2013.
Thank you for your time and consideration. It is my desire
to complement the professional planning staff of the Public
Works/Engineering Department. 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
13625 Adrian Street needs for landscape architectural plan check and inspection
services, or other as-needed services, please call me at your
Poway CA 92064
convenience.
Sincerely,
tel: 858.486.4931 Gary F. Hoyt, ASLA
I= 858A86.1.457 California R.L.A. #2517
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RLA#2517
EXHIBIT A
Gary F. Hoyt Landscape Architecture, Inc.
City of Menifee, CA
Landscape Consultant Services—Scope of Services*
A. Landscape Plan Checking:
1. Cam: Accept landscape plan submittals, cost estimates and supporting
construction documents from applicant. Collect any landscape fee or deposit
based on the City's fee schedule. Verify that all required information has been
submitted, and assemble plan check package (including building and grading
plans) for delivery to Gary F. Hoyt Landscape Architecture, Inc. (Consultant).
2. Consultant: Review plans for conformance with project conditions of approval
and City Landscape Standards. Coordinate plan reviews with City departments as
required. Transmit check prints to the City until plan checking is complete.
Turnover time for plan review will be as requested by City staff.
3. Cam: Review plan check comments from Consultant. Contact project applicant
and/or applicant's consultants to notify them of completed plan checks or
approved plans. Sign the approved plans (Public Works/Engineering).
4. Consultant: Review construction plan changes,plan revisions, submittals, and
record/as—built drawings as required by the City.
5. Cam: Transfer funds from project deposit accounts to cover fees for cost of plan
check and inspection services, including additional deposits if necessary. Prepare
City Council reports for acceptance of improvements and release of securities.
6. Consultant: Attend project meetings as requested by the City.
B. Landscape Construction Field Review(inspection):
1. Consultant: Attend landscape pre—construction meeting with project Consultant,
and any subsequent meetings as requested by the City.
2. Consultant: Review installation of landscape improvements for conformance with
City Landscape Standards and approved plans. Prepare punch lists of landscape
correction items, and review record drawings.
3. Cam: Review and approve record/as—built plans, and release securities.
4. Consultant: Review final punch list items for correction. Ascertain to the best
available knowledge and information that the landscape installation is in
conformance with the approved landscape construction documents and City
Landscape Standards.
5. Consultant: Attend project meetings as requested by the City.
C. Landscape Consultation/As—needed Services:
Gary F.Hoyt Landscape Architecture,Inc. will assist to prepare and update the City's
landscape fee schedule, landscape standards, design manual,policies and procedures,
attend meetings, including City staff/administrative meetings, and assist in other tasks as
requested and assigned by City staff.
*Please note City tasks are included in scope of services to clarify the plan review and
inspection process.
EXHIBIT B
Gary F. Hoyt Landscape Architecture, Inc.
City of Menifee, CA
Landscape Plan Checking and Construction Field Review
Fee Proposal
Gary F. Hoyt Landscape Architecture, Inc. (Consultant) shall perform high quality and
complete plan reviews for conformance to conditions of approval, statutory and regulatory
requirements, storm water pollution prevention, low impact development techniques, water efficient
landscape standards and water use calculations, wildland—urban interface (WUI) code for vegetative
fuel management and fire safety,biological conservation, and recycled water use regulations.
Consultant compensation to provide landscape plan check and inspection and other related
landscape consultation services to the City of Menifee is outlined below.
1. Hourly billing rate for plan checks,re—checks, and inspections: $90.00/hour
2. Administrative/clerical services related to plan checks and inspections: $65.00/hour
3. Hourly billing rate for other landscape consultation
services as requested by the City: See attached Exhibit C for rates
Notes:
A. Gary F. Hoyt Landscape Architecture,Inc. will assist to prepare and update the City's
landscape fee schedule, landscape standards, design manual,policies and procedures, attend
meetings, including City staff/administrative meetings, and assist in other tasks as requested and
assigned by City staff.
EXHIBIT C
Gary F. Hoyt Landscape Architecture, Inc.
SCHEDULE OF OFFICE HOURLY RATES
BILLING RATES BY SERVICE TYPE
Principal/Project Management: $120.00
Design and Planning: $100.00
Construction Administration: $90.00
Plan Checking and Construction Field Review: $90.00
CADD Services: $80.00
Drafting/Illustration/Studies/Reports: $75.00
Administrative/Technical Support: $65.00
In addition to fees for professional services, Contractor shall be reimbursed
for all reasonable expenses necessarily incurred in performance of the
services including, but not limited to, printing, plotting, photocopies,
messenger services, mailings, etc. Contractor shall invoice City for such
expenses at cost plus 15%as incurred.
Rate Schedule 06/01/14 gl1lai