Loading...
2020/07/01 Enviromental Science Associates (ESA) FY20/21 On-Call Planning Environmental ReviewDocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-89D43F0688C4 CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT FY?O2OI?I ON-CALL PLANNINC (ENVIRONMENTAL REVIEW) SERVICES THIS PROFESSIONAL SE,RVICES AGREEMENT ("Agreement") is made and effective this 1sv 6u, of ltvl / , 2020 ("Effective Date") by and between the CITY oF MENIFEE, a California municipal corporation, ("City") and Environmental Science Associates (ESA), a California Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party" and collectively as the "Parties." SECTION I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope ofServices, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. l.l Term of Services. The term of this Agreement shall begin on July 1,2020 and shall end on June 30,2021unless the term of this 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 City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard ol Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the 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. I .3 Assiqnment of Personnel.Consultant shall assign only competent personnel to perform the 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 ofany such persons, Consultant shall, immediately upon receiving notice from City ofsuch desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Adm inistrator. 2671/031858-0001 1630421_2 N5/22/20 Docusign Envelope lD: 290DCBA8-CA8A-4548-9445,89D43F0688C4 SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SEVENTY FM THOUSAND DOLLARS AND ZERO CENTS (575,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred underthis Agreement. In the event ofa confl ict between this Agreement and Exhibit A, regarding the amount ofcompensation, this Agreement shall prevai[. City shall pay Consultant for the 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 the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified 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 lnvoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a- invoice, etc.; Serial identifications of progress bills; i.e., Progress Bill No. I for the first b. 'l'he beginning and ending dates ofthe billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement. and the percentage of completion; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant perlorming the Services hereunder necessary to complete the Services described in Exhibit A; Receipts flor expenses to be reimbursed; The Consultant Representative's si gnature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 29844 Haun Road Menifee, CA 92586 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, lor the Services satislactorily performed. and for authorizcd rcimbursable costs incurred. City d. At City's option, for each item in each task, a copy ofthe applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; f. 2671/011E58.0001 163042 t .? al5t22t2t Docusign Envelope lD: 290DCBA8-CA8A-4548,9445-89D43F0688C4 shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements above to pay Consultant. 2.3 Final Payment. Ci ty shall pay the last five percent (5%) of thc total amount due pursuant to this Agreement within sixty (60) days after completion ofthe Services and submittal to City ofa final invoice, ifall ofthe Services required have been satisfactorily performed. 2.4 Total Payment. Ci ty shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the 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 entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission ofsuch an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the lee schedule included with Exhibit A 2.6 Reimbursable Expenses. Reimbursable ex penses are included within the maximum amount of this Agreement. 2.7 Payment of l'axes. Consultant is solel y responsible fbr the payment olemployment taxes incurred under this Agreement and any federal or state taxes 2.8 Payment uDon Termination. In the event that C ity or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as ofthe date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SE,CTION 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 City. The location, quantity, and time of lurnishing those facilities shall be in the sole discretion of City. In no event shall City be required to fumish 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, REQUIRE,MENTS. 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 ol Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the 2671/01r 858-0001 7610421 2 ^05/12/20 -J Docusign Envelope lD: 290DCBA8-CA8A-4548-9445-B9Dr3F06B8C4 requirements of this section and which is satisfactory, in all respects, to 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 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 thereofto City. Verification ofthe required insurance shall be submitted and made part ofthis Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds. 4.1 Workers'Compensation. Consultantshall , at its sole cost and expense. maintain Statutory Workers' Compensation Insurance and Employer's Liability lnsurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability lnsurance shall be provided with limits of not less than ONE MILLION DOLLARS ($ 1,000,000.00) per accident, ONE MILLION DOLLARS ($ I ,000,000.00) disease per employee, and ONE MILLION DOLLARS (S1,000,000.00) 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 ofthe California Labor Code. Determination ofwhether a self-insurance program meets the standards ofthe Califomia Labor Code shall be solely in the discretion ofthe Contract Administrator. The insurer, if insurance is provided, or Consultant, ifa program ofself- insurance is provided, shall waive all rights of subrogation against City and its ofTicers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. 4.2 Commercial General and Autom Li ili lnsurance.it a. Ceneral 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 MII,LION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability lnsurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services 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 the Services contemplated under this Agreement, including the use ofhired, owned, and non-owned automobiles. b. Minimum scope ofcoverage. Commercial general coverage shallbeat least as broad as Insurance Services Office Commercial General Liability occurrence lorm CG 0001. Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional rcquircmcnts. l:ach of the lollowi insurance coverage or added as a certified endorsement to the policy 42671l031858-0001 763041t 2 ao5t22l2i ng shall be included in the DocuSign Envelope lD: 290DCBAB-CA8A-4548-9445-BgD43F06B8C4 a, The insurance shall cover on an occurrence or an accident basis. and not on a claims-made basis. b. Any failure oflConsultant to comply with reponing provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional Iiability insurance for licensed professionals performing the Services 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 be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. 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 ofthe Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy I'orm with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion ofthe Services. Such continuation coverage may be provided by one ofthe following: (l) renewal ofthe existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reporting provisions ofthe policy, ifConsultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. a- Acceptability of insurers. All insurance re quired by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in Califomia 267 t/03lE5E-0001 '16)042t 2 ai5l22/20 4.3 ProfessionalLiabilitylnsurance. 4.4 All Policies Requirements. -5- DocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-BgD43F0688C4 b. Verification of coverage. Prior to be ginning the Services under this Agreement, Consultant shall fumish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies ofall 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: FY2020m ON-CALL PLANNING (ENVIRONMENTAL REVIEW) SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee,29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c Notice of Reduction in or Cancellation of Coveraqe. Consultant shall provide written notice to City within ten (10) working days it (l) any ofthe required insurance policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased. d. Additional insured primary insurance. Cit y and its ofliccrs. employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services 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 Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special Iimitations on the scope ofprotection afforded to City or its ollicers, employees, agents, or authorized volunteers. The insurance provided to 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 City. Additional insured status shall continue for one (l ) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-insured Retentions. Consultant shall obtain thec written approval of City for the self-insured retentions and deductibles before beginning any ofthe Services. During the term of this Agreement, only upon the prior express written authorization of the 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 oflosses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 2671/0ll8r8-0001 7610421 2 ao5l22/20 -6- OocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-BgD43F06B8C4 f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall fumish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all ofthe requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity 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: a. Obtain such insurance and deduct and retain the amount ofthe premiums for such insurance from any sums due under this Agreement; b. 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 c. Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 Indcmnification for Prolessional Liabilit . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitled by law, Consultant shall indemnify, protect. defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes olaction (whether in tort, contract. under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") 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 subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional services under this Agreement. 5.2 Indemnification for Other than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out o[, 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 lor which 267t03lEtE-0001 1630421 2 .05t22t20 -7- DocuSign Envelope lO: 290DCBA8-CA8A4548,9445-BgD43F06B8C4 5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its ofTicers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 lndependent Contractor. Atall timesdurin g the term ofthis 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 the 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 the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner ofTicers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall notbe liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors 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 Califomia 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. SECTIONT. LEGAL REQUIREMENTS. 7 .l Goveming Law. The laws of the State of California shall govem this Agreement. 7 .2 Compliance with A icable Laws Consultant and any subcontractor shall complyOD 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 City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director oflndustrial Relations ofthe State of Califomia, will be the minimum paid to all laborers, including Consultant's employee and subcontractors. lt is understood that it is the responsibility ofConsultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations ("DlR") pursuanl to California Public Utilities Code, Sections 465,466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at 267tl031858-000r 7630421 -2 aO5/2212A 8- Consultant is legally liable, including but not limited to ofTicers, agents, employees or subcontractors of Consultant. DocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-BgD43F0688C4 City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attomeys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services ofany applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation ofSection I 781 of the Labor Code, as the same may be amended lrom time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section I 781 , as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance ofthe Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages under California law and/or the implementation of Labor Code Section I 781 , as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same ofall subcontractors. 7.3 Licenses and Permits. Consultant re presents 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 thgir respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of 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 ofthis 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 notifi cation to Consultant. 8.2 Termination by Consullant Consultant may cancel this Agreement upon 30 days' written notice to City. 8.3 Consequences of Termination. In the event of termination . Consultant shall be entitled to compensation for the Services performed up to the 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 City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection l.l. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees 267tl0llEtE-0001 7610421 2 ao5t22t20 9- Docusign Envelope lD: 290DCBA8-CA8A-4548-9445-89D43F0688C4 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. 8.5 all the Parties Amendmcnts. The Parties ma y amend this Agreement only by a writing signed by 8.6 Assignment and Subcontracti ns. Ci ty 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 ofConsultant. Consultant may not assign this Agreement or any interest therein without the prior written approval ofthe Contract Administrator. Consultant shall not subcontract any portion ofthe performance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval of the Contract Administrator. ln the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options up on Breach bv Consultant. lf Consultant matcriall y breaches any of the terms of this Agreement, City's rcmedies shall include, but not be limited to, any or all of the following: a. Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services 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 Services. 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 City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other 267 t/0t I E5E{00 I 7610!11 2 r05t22/20 - 10- DocuSign Envelope lD: 290DCBA8-CA8A4548 9445-89D43F06BBC4 materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. 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 Licensins of Intellectual Pro perty. This A greement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. Cityshall notbe limited inany way in itsuseofthe Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 9.3 Consultant's Books and Records. Consultant shall maintain an y and all ledgcrs, books ofaccount, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum ofthree (3) years. or for any longer period required by law, from thedateoffinal payment to Consultant underthis Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. An y records or documents that Section 9.3 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 City. Under Califomia Govemment Code Section 8546.7, if the amount ofpublic lunds expended under this Agreement exceeds TEN THOUSAND DOLI-ARS ($10,000.00), this Agreement shall be subject to the examination and audit ofthe State Auditor, at the request of City or as part ofany audit of City, for a period ofthree (3) years after final payment under this Agreement. SECTION IO.MISCELLANEOUS PROVISIONS. l0.l Attorneys' Fees. Ifeither Pa rty to this Agreement brings any action, including an action for declaratory relief, to enlorce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attomeys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attomeys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number ofhours spent by the prevailing Party in the conduct ofthe -l t-267rl03185E-000t 1670421 2 rO5t2A2A DocuSign Envelope lD: 290DCBA8-CA8A-4548'9445-89D43F0688C4 litigation. The court may set such fees in the same action or in a separate action brought lor that purpose. 10.2 Applicable Lawl Venue. The intemal laws of the State of Califomia shall govem the interpretation and enforcement of this Agreement. 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. I 0.3 Severabilitv. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Sectio and Subheadin . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwrse affect the terms of this Agreement. I0.5 No Imolied Waiver of B reach . The waiver ofany breach ofa specific provision of this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement. 10.6 Successors and Assiqns. The provisions ofthis Agreement shall inure to the benefit ofand shall apply to and bind the successors and assigns ofthe Parties. 10.7 Consuttant Representative. All matters under this Agreement shall be handled for Consultant by Kyle Garcia ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 Citv Contract Ad m inistr ation. Thi s Agreement shall be administered by a City employee, Kevin Ryan, Planning Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall besentto: Environmental Science Associates (ESA) Attn: Kyle Garcia 2 l2l Alton Parkway, Suite I 00 Irvine, CA 92606 Any written notice to City shall be sent 10 the Contract Administrator at: 1630421 2 a05/22/20 City of Menifee -12- DocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-89D43F0688C4 29844 Haun Road Menifee. CA 92586 Attn: Kevin Ryan, Planning Manager with a copy to: City Clerk City of Menifee 29844 Haun Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page ofdesign 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 reporVdesign responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibil ity. I 0.1 I Rishts and Remedies.Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more ofl such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Pa(y. 10.12 Integration. This Agreement, including the scope of services 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. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason ofthe authorship of this Agreement or any other rule ofconstruction which might otherwise apply. I 0.13 Counterparts. This A greement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Execution ofContract. The persons executing this Agreement on behalfofeach of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. I 0. I 5 Nondiscrimination. Consultant covenants that, by and for itselt its heirs, executors, assigns, and all persons claiming under or through them, that in the performance ofthis Agreement 267tr'03t858,000t 7610421 2 3O51Z2i2O - l3- DocuSign Envelope lD: 290DCBA8 CA8A,4548-9445-BgD43F06B8C4 there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. I 0.1 6 No Third Pany Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally Iiable to Consultant, or any successor in interest, in the event ofany default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach ofany obligation ofthe terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee olCity in connection with the award, terms or implementation ofthis Agreement, including any method ofcoercion, confidential flnancial arrangement, or financial inducement. No officer or employee of City shall receive compcnsation, directly or indirectly, from Consultant, or from any officer, employee, or agent oi Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefitto Arise to Citv Employees. No member, officer, oremployee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( | ) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. ISignatures on Following Page] 267tl03t65E-000t 1630471 2 IO5112DO -14- DocuSign Envelope lD: 290DCBA8-CA8A-4548-9445-BgD43F068BC4 IN WITNESS WHEREOF. the Parties hereto have executed and entered into this Agreement as ofthe Effective Date. CITY OF MENIFEE CONSULTANT t*1.* Luull ow-l osl, I n-si ktl [,es le ton-Post. PresidentArmando (i. V a,ity Manager Attest: 8..tt"*,"ir T).*o,-. - o Sarah X. Manwaring, City Clerk App roved as to Form Melching,Attomev frac.d fuisiu.d, Auc( riu"w^l" ofruy Albert ulsl not, Chief Fi nancial Officcr [Note:2 officer's signatures required if Consultant is a corporation, unless provided with a certificate ofsecretary in-lieu]J 2671l01lE5E-000t '1630421 2 d!Jst22t20 -15- DocuSqn Envelope lD: 2g0DCBA8-CA8A-4548-9445-BgD43F06B8C4 EXHIBIT A SCOPE OF SERVICES Consultant shall provide the following services in the amount not to exceed SEVENTY FM THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) Preparation and/or Peer Review: Environmental Services Firm shatI provide environmentat services with demonstrated expertise in processing apptications for various types of projects (residentia[, commerciat-industria[, mixed-use) and preparing environmental review documents as required by CEQA and/or NEPA that include, but not timited to, one or more of the foltowing ptanning and environmental task: - lnitiat Site Assessments - Preparation of CEQA/NEPA studies (ElR, MND, ND and CE) - Noise Studies - Archeotogicat, CutturaI Resources, and Pateontotogicat Resource Services - Air Quality Studies - Traffic Studies - Greenhouse Gas - Biotogical Resources Services, including but not timited to: o Biotogical resource technical reports o Western Riverside County Muttipte Species Habitat Program (MSHCP) documents including, MSHCP Habitat Assessment and Consistency Anatysis, Determination of Biotogicat Equivatent or Superior Preservation (DBESP) reports, and Criteria Refinements o Habitat mitigation and restoration ptans o Sensitive species surveys o Oak tree surveys o Fue[ modification reports o JurisdictionaI delineations/regutatory permitting o Biotogical resources construction compliance monitoring and reporting o Witdtife and regulatory agency coordination (|SFWS, CDFW, USACE, RWQCB) o Biological resource-related CEQA documents - EnvironmentaI Mitigation Studies/Reports - Coordinate and distribute environmentaI documents and notices - Mitigation Monitoring and Reporting Ptans - Presentations at community meetings and pubtic hearings Assignments may atso inctude third-party peer reviews of environmentaI documents and technicaI studies, generatty related to devetopment application review. 267tl03lE5E-000t 163042t 2 ao5t22/20 EXTIIBI'T A Docusign Envelope lD: 290DCBA8-CA8A-4548-9445-89D43F0688C4 t ',,'.'t tb 6 F1pqrly lete Schedule Per tte roqurems dlhe RFO. ESAand ltqr s ubconsdbnls have cofigoled AllachnEnl A (Houdy Rale Salpdde) ESA RFQ 2018-3 Annull On C.ll Prof.ssion.l Sarvic6 (Pl!nnint Srrvlc6) Conrultant Nam6:EnvronnEnld Sqonae Assocrates Addrc$:550 Wesl C Steet. Sule 750 City, St to .nd Zip Cod€:Sar Oeoo CA92l01 HOURLY RATE SCHEUJLE:list all itions ont Hoso Foude dahi€d Houdy Rd6 tor oach rhlt p6r[on and any olhr rncddrE or ldltond colls rqqrrcd rn lho spac6s provrdad bdorv lo coluete he Scopa d Wqk rcqure,rME PROPOSE SERVICESI (Pl€r,e rBrk oll thot gpqlyl Pl.nnint strvic.. J Generat Ptanning-Retated Oevel@meot and Land LJse Project Review Services f, Landrape Design Ptan Review Servic6 J Preparation and/or Peer Review: Environmental servicei D uunicipat Financiat Review Services (Fbcal lmpact Anatysir) 5d1or Managn9 Hanner s26 m s2r500 s225 m s?35 00Hannrng/Desrgn Rouew S:S) CO s1$ 00 s26 00 s215 00Banning/oesgn Rellew Ssnor Plaflne, t'60 00 s 166 00 s170 00 s 175 00Eanning/oesign Relrew s135 00 s1,10 00Hanning/Desrgn Revrew Assocl6le Hanng s r25 00 s 130 00 s2m 00 s270 00CEQASsror Er aronmeflld Hanner s2aom s250 00 ErlvlronIIEnld Plann€r srs00 s !95 00 s205 00 s215 00CEOA s170 00 s 175 00CEQAAssoc Enuronmend Aanner 916000 st65m s250 00SenDr&dogrsl s220 00 s230 00 s240 00&dogical Resources s205 00 s2r5 00SdoEcal R€sor,rces &dogrsl sr$m s r96 00 s170 00 s 175 00&dogcd Resouces AssGate Bdogrsl s r60 00 s 166 00 s225 00 s236 00 s245 00 s2t6 00Archaedogrcal RasoLrcos S€oroa ArctEedogsl HOTNLY R,AIE O) YEAR2 YEAR 3 @21t2t tfrzlnt SPECIATTY YEAR I {or920) YEAR 'I?flg24l 2671/011858-000 t 763042t .2 a05t2220 -2- TIILE A oEscRrPTror,t Docusign Envelope lD: 290DCBA8-CA8A-4548-9445,89D43F0688C4 Archaedo!rcd Resouces Archaedoglsl s1s000 s 196 00 s205 00 s215 00 Archaed€rcd Rosouces Assooale AclEedogrst s r60 00 s 166 00 s170 00 s 175 00 OrrBlo Chang6/GHG Ssrcr ManaF s2& c0 s2a0 00 s2m 00 s270 00 Oimale Chang€/GHG s225 00 srs m s245 00 s255 00 Orniale ChangeJGHG s r25 00 s130 00 s135 00 s 140 00 AJr Qudrly/Nose Senror Tehnrcal Epeal s 1s0 00 s 195 00 s2G5 00 s2r5 00 Ar Qtrdrly/Nqse Technrcd ExF€.|s 175 00 s !85 00 s196 00 s206 00 Arr Q1drty/Nqse P€sooale Technrcd Epsl s15000 s155 m s160 00 s16600 G€dogsUSolslthu ard Program llanager s225 m s235 00 s245 00 s256 m G€dogsUSolrHazards Salxor Teahnrcd Assorrsle sr9000 s195 00 s205 00 s21500 G€dogsUSols/kzarG s125 00 s t30 00 sr35 00 s 110 00 GIS Sr GIS AndFls srs0m s195 00 s205 00 s2r5 00 Gls GIS AndFl s 160 00 s 165 00 s170 00 s175 00 AssocraE qS Andysl s 125 m SI30M s135m s11000 LIST ALL ANTICIPATED REIMBURSAELE COSTS lbb Usl d equpfbr, hdidy rele oi a sepaeb shr.l as needed Ory rrs.ry.s $e ngit lo nogotrb Urs Fce ql a Fqectt {.01€al bass. PLEASE MARK ALt ACKI.OWLEDGEMENTS AI.]D COMPLETE FOLLOWING SECTIOI.I Th. Prcpor.l provkhd rCl.clr any .ddli..1.i .dd.ndrln (, i.iurd nifi mp.cl lo 0!i! RFQ SubnittC otfiis p'Dpoaal indcal- wa halr ra$ .d lhipropo3d ittgl.gr.ms.ndit alactad rould &capl all lam! ol tha propoaad rgr.rrdl. PrinEng ga.i and$nrle)- 8.5 x l1 0 l0 per poge 0 20 per p69ePn ing (d6cl aDd shte) - 11 t 17 0 /(} per pagehntng (cd l-85rl1 0 70 per FagePnntng (cdor)- 11r 17 IRS lIleage rermbm€menl raleIravd . rdeage AIOUtfi (rt coit)REII!BURSAALE COST OESCRIPTION 2671/03t858,0001 7630421 2 ao5t22t2l -3- Docusign Envelope lD: 290DCBA8 CASA 4548-9445-BgD43F06B8C4 Envlronmenlal Scence As)clales t..s \b Addr.!! San 0ego CA 92101 City 6r9-7r9-7200 Sbtt ZpCod. 61$719-4201 felephone Nunbet Ccrlpriy Tlp.: ! Cdpflllio trfurharship_l lnd$ddrsds ProtI|ob c srEl6 IIErb€. LLC -4"-'747-- Far tlunber Estate O Linted ti&aity Gnpany (LLC) trOlher qtned 8y Er,c Rlby PnniNarlE Tite David Neault Associates, lnc, gease proude &laled liou y Rales lo. eeh sbll pcrton and any olher rnodend or Eddrtond cosls req[cd m lhe spaces trolrded bdow lo coflFde he Scope d 1,1/6k requirernents RFQ 2018-3 Annurl on c.ll Profq$ion.l s.rvic6 (Pllnniu Scrvlcci) Conrultrnt Nama:Da\ild lleadt Assmales lnr Addrer3 11817 Enle4nse Grcle Norlh. Surte 110 City, St te.nd Zip Code:TenEcula CA 92590 PROPOSED SERvlcEsi (Pleos. mork oll that owlyl Pl.nnini s!rviccs - General Planning.Related Devetopment ard Land U3e Project Review Servic6 J Landscape Design Ptan Review S€rvic€a ! Preparatim and/or Peer Review: Envirfimental servic€5 f Municipat Financiat Re/ie'.v Servic6 (Fiscat lmpact Analysis) 267tl01t858-000t 7610421 2 aist2211o -4- Cornp.ny lhm. 550 Wed C Slrc€i, Suit€ 750 DocuSign Envelope lDr 290DCBA8-CA8A 4548-9445-BgD43F0688C4 HOURLY RATE SCHEDULE:l*t oll LIST ALL ANTIOPATED REIAABURSASLE COSTS lbb Ljst d equpn1enl houiy rat6 oh t s€preb lhed 85 n06dgd oty r9!orv6 lhg nohl b n€gatato th! parc6 or1 I p(qoclayrrqacl b69s PLEASE MARK ALL ACKI'IOWLEDGMENTS AND COMPLE]E FOLLOWII'G SECTION, J Ttr. Prcporll provid.d rCl.cb lny .dditlmd .dd..rdm(!) i!!u!d *fi t!.p.cl to &i! RfO ./ suunittl ot t lr propoLl indcataa r. hrya nyLrad ita propoaad rrittn aga*nani andl ad aclad rlould lccapl dl tdmr ol fia proPord agl!!.i.rt David Neault Asso(iates, lnc. s1& m s1&5m s19mLan6cap0 ArEIteclure Presdonl s175 00 Lrrdscspe Archtecfure P lner s r15 00 s149 m s1$m s157m s r49 @ s15l.m sr5/00La(hc6pe Arc htocture Pnncrpd s 145 00 L dscapo Arc hleclure Assooale s 115 00 s118 00 s12100 s 124 00 YEAR3 nTtn\ YEAR 1 2023241 Mieago Retmbfiemefl GSA POV Mieage ra mb umemenl rales altmeolbllrng comp.ny ll.mc 4I877 Temecula Circle North Suite 140 CA 92590 City 9s1.196.3430 stat.zip cod. 951.296.3431 T.l.phon. rlulnb.r Conp.nyTyp.: .y' Co.po.atlor, I Partnership I TnEt,/Estate I lndividual/sole Proprietor or single member tLC : Llmited llabitity Company (ttc) Other:ffi- 8y David Neaull Prlnt l{.m.rhl. C[y or M..nd i O\,ll'trdrrG Io Frosd. O^ Cll A.nn9 prd@sr(a S.M63 5 2671/',o31858-000 t 76304212 aO5t17t7\) sv.ffrnl k'rt. i:d].1* SPECIALIY TITLE t o€scRtPItoI YEAR 1 rDrg20) YEAR 2 t?szlt22t REIIIEURSABL€ COST DESCRIPTION AIOIJNT rri coso DocuSign Envelope lD: 290DCBA8-CA8A-4548-9445,89D43F0688C4 7 Ls\ E^,/ g)' aI ehr & Peers RFQ 2018-3 Annu.l On C.lt Prof.6iionrl Slryic6 (Pl.nnint S.rvic6) Contult nt N.m.:Fehr & Peers Addr.is:560 l,Y Beeh Sfeel Surte 302 City, St t rnd Zip Cod.:San Drogo. CA92101 F€66 For& &H.d Ho{riy Rd6 fq 6h ih'l pooton and.ny ohd mqd€nd oa a6!o0d co6ls raqrd m tho sFc€s Fovii€d bdon to cortsde fl€ Scopc d Wc.i lequrcltEob PROPOSED SEtS/lCEst (H.os. mark atl that eplyl Ptrnnhrt S.Mc.t { Gorerat Planning-Retated Devetopment ard Land Use Proiect Review Services ] Lardscape o6iqn Ptan Revie$, service5 { Preparation and/or Peer Revielv: Enviroomental Service5 ! uunicipat Finarriat R6,iew Servicer (Fiscal lmpact Analysis) HOURLY RATE SCHEDULE:list oll LIST ALL ANTIOPATED REIMBURSABLE CO5T5 l,{ole lrsl d €qupmefil houriy rate o. a s€p{ab shed as no€ded Oly r6ssv€6 lh8,€hl lo negotale lhs trlcs cl! a p.q6.l-by-Fq€cl his s290 m $m 00Transporl6llo0 Enqoet/Eann€a Prncipd Tmnspoalahon Enqner/fr8nner s1s00 s196 00 s2m m s206 00 Ir6nspoat6lron Enq ngg/flanner €nglnee/gBnner s r60 00 s r65 00 s170 m 91 75 00 s r40 00 s145 00 s 150 00 sl56 00AdnnEllahve Assslanl TIILE t DESCRIPIIO}I TOURLY MI€ 6} YEAR' 201121r YEAR n2nn Iravd Co6l (per rie)Sa 58 ps rie edslp€.dem)s55 UAIE Tdd St75 - S(io (depeidig up oi rnte.se.ton sce)Trafic Counls A[{PU Pel Hour lnlo.sgcton Tumrng llq/€rnonE {p€r mlersecton} Sl l0 m (p€r 24-hr ps'od)Trafic Counts 24'Hour Daiy Tretfic Vdumes (vdumodsped) S0 89 pa pageR€produclion Ciarges - cdo( Reprodu([on Charges - Uac* and w]ile S0 08 p€r pase 2671/031858,000r 1$4421 2 aA5/22t20 -6 REIXBURSABTE COST OESCRIPTDN A OUNT {al cort) SPECIALTY YEAR 2 (tntm YEAR 1 r20tg2o) li275m s260() Docusign Envelope lD: 290DCBA8 CA8A,4548-9.445-B9D43F06B8C4 REASE MARK ALL ACKI.I]WLEDGMENTS AND COMPLE]E FOLLOWII]G SECTION .,/ Th. Plopo.rl provld.d rCl.cL .ny .ddlllonC !dd.rdrm(.) i..ud r{lh o.p.cl lo fi|. RfQ { Sut nntf a t tr progoorl hdcrLa fi hava ra,rl.ld lla propor.d f,dtbn .gr-lnfit mdl ldEtd mld.ccQt dl t.ms olth. p.opo..d.Er.nrr . Fehr & Pe€rs Company Iama 555 W- Be€ch Street, suite 302 619-234-3190 CA 92101 zip cod.St{r 619-702-9145 Tal.Dlron. raumb.r Cotnp.nyTyp.: .y' Corporatio.r PartrE6hip Truat/ Estate I lndivlduat/sote Proprietor or singlemember LLC timited tiability Cornpany (ttC) I Other: Frx l{umbar I lt, Kary cole Priftipal Iitt. Stanley R. Hoffman Associates, lnc. RFQ 20tE-3 Annurl On C.ll Prof..rlon.l S.Mc6 (Pt.nnlnl SaMcca) Contultant Nama:sladoy R lbltltan Assoctates lic Addrc3c:1 1661 Sen Vicente Blvd Surte 306 City, St t. .nd Zip Cod.tos Angd8s. CA 9004951 1 1 B€as6 Follde &Liod Houily Rdaa to. aoci sbrl po6rton 8nd ary olher rnodanE or edtond cosls rcqrred rn the sFces Fo\ided bd@, lo cofigde lie Scop€ d Wqt reqdtemab PRoPOSED sERtlCESt lPlcos. no all thot Wlyl Plrnnlnl S.rvlc.. ] Generat Ptanning.Retated Oer'etopment and Land Use Prorect Re/iew Servicc I Landi€ape oesign Plan Review services ] Preparation and/or Peer Review: Environmentat services I Municipat Financiat Review services (Fiscat lmpact anatysir) 26?l/03r85E-000t 763041t 2 aOtt2212i -7- Addr..r san Drego si8tlrd ay DocuS€n Envelope lD: 290DCBA8-CA8A-4548-9445-89D43F0688C4 HOURLY RATE SCHEDULE:list all LIST ALL ANTICIPATED REIIIBURSAELE COSTS Strnley R. Hoflnran & Associat€s fble Lsl d equprEol hody rato oo a sepaate sheel as n€€d€d Oly reseftE he nghl lo negolole lhs trlce fi a prqecltry.prqecl b€srs PLEASE MARI( Al-L AC(NOWLEDGIiIENTS AND COA PLETE FOLLOWING SECTION: i Tt! Propo3.l providld r.ttrdr .ny .dditbn l .dd.ndum(t) irsucd with rc$lcct to ttrii RFQ. J Sr.bmittrl of ttris propo6.l lndic.t r wG h{rr reviasr.d th. propor.d v/rtttan a8raarnrnt.ndif lclcctcd tyoold .cccpt.ll tcmE of thc proporcd atrccrEnt. ' :*r b. Muncpal Frnanad Reuew Prosdenl s250 m s260 00 s270 m s280 m Mu cDal Frnancd Reuew SenqAssocrale s180 00 s187 00 s 195 00 s2$ m Mu[crDd Frnard Re$ew ReOlorld Ecoaodrst s115m s145 m sr52m s15800 MLrilcip6l Fnarrd Relrevv PrqealPlaon€r 51m 00 s105 00 s11000 s 115 00 HO,RLY RATE (I) YEAR3 t&z0t3l YEAR I 20't9l2()r YEAR 2 tnz1tn\ YEAR 1 202x21) Mieage beltEen Los Angdes olTce lo Manfee 0 38 per rie lsbdl 5110 m rolnd hp) REIf AUMABLE COST OESCRIPTT]N AlrOUlO {!l ios0 Comprny rar]nc l166l San Vicente Blvd Snite 106 Los Angeles CA 90049 511I City 310-820-2680 stata zipcod. 3I0 820 8341 T.hphon. Lumb.r comptryryp.: { corporattoo - P.rtnershtpI lndivlduat/Sole ProD.ietor or sinclemernber ILC Frr 1{umbar Trust/Est rte tlmited Ll.bitity cornpany (tLc) Other: Si8ned By Stanley R. Hoffman, FAICP rht. 2671l03r 858"000r 7630421 2 ^05/22120 -8 SPECIALTY TIrLE E 0€scRrPTolr