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On - Call Landscape Plan Checking Services August 28, 2025 City of Hemet
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Detailed Approach and Methodology
Transfer of Plans and Information – We have found the most efficient way to accomplish plan checking is the electronic transfer of plans forms and information. By using Drop Box, large documents can be transferred and reviewed. Depending on the project, we are often returning review comments the same day . If plans cannot be transferred electronically, Greg Meek Has completed projects in the City of Hemet and can easily pick up or drop off plans and documents attend meetings, review sites or provide inspections when needed.
Project Tracking – An electronic file and a hard file is kept of all plan checking documents. We use the Cities numbers assigned to a project but we also give it a second RHA number by the year the project is received. We keep an additional ongoing project status log of all projects so that we know where the project is in the approval process at all times. Many development projects are in review for several years and often change owners, that’s why our project tracking process has to be accurate & detailed.
Plan Review Log In - We will prepare a plan review log in a spreadsheet that will assist in tracking the status of the projects and ensure that services are completed in a timely manner.
Plan Review Experience and Philosophy – RHA Landscape Architects, Planners is made up of highly experienced landscape architects and designers which are very familiar with the importance of an accurate and efficient plan review process. Greg Meek will be doing most of the plan checking for the City of Hemet has provided plan checking services for over 20 years for several cities. Greg worked for the Cities of Fullerton, San Jose, and San Mateo, so he has a unique understanding of city processes. Our staff also provides landscape architectural design services for several developers in several cities. Because we have been on both sides of the counter, we are very knowledgeable as to the elements and information that are expected. We provide plan checking that protects the City’s best interest first, but will be efficient and consistent. We will always be available to communicate with the staff on all projects that have special considerations or are politically sensitive.
1. First Plan Review
a) Review the project site on Google Earth or visit the site to become familiar with the project area and what is around the project site.
b) We will review the plans and documents submitted and provide a review comment letter that will be reflected on the plans and in written form. A written response to each comment will be requested of the design consultant.
Riverside County Community and Cultural Services Division RHA Plan Review Log Landscape Plan Review and Landscape Maintenance Cost Analysis Received Reviewed
by
Returned
to County Comments Received Reviewed
by
Returned
to County Comments Received Reviewed
by
Returned
to County Comments
First Plan Review
No. Project Description
Second Plan Review Third Plan Review
16
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On - Call Landscape Plan Checking Services August 28, 2025 City of Hemet
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Detailed Approach and Methodology
c) We will confirm quantities and area measurements by inserting an electronic copy (PDF, JPEG, etc.) of the plan into AutoCAD and creating a digital measurement field for all landscape areas.
d) We will request from the developer or determine an estimated cost for maintenance of all landscape areas based on current industry standards and City of Hemet maintenance data for all LMD areas.
2. Subsequent Plan Reviews
a) We will review the revised plans and note conformance with the plan check comments. b) We will update quantities and measurements as needed.
3. Compliance Inspection Services
After the Landscape Architect of record provides a letter stating that the project was installed per the plans and specifications, RHA will provide site inspection s to confirm the landscape is substantially complete.
Additional inspections will be provided at the request of the City Community Development Department.
4. Direct Contact with the Applicant
At the request of the city planning department, RHA will receive calls and discuss plan review comments with the applicant. RHA will only explain, provide clarifications, and reinforce landscape requirements with the applicant. Decisions as to deviations, modifications or exemptions will have to come directly from the City Planners.
Plan Check and Inspection Billing
Plan Checking and Inspection Fees
Plan checking and inspection will be provided at the agreed upon hourly rates. Portions of the hour are rounded up to 15- minute increments. The number of hours required per project depends on the size of the project and the response of the applicant to the review comments. We have had some clients that resubmit plans without responding to comments which triggers another review cycle. We have found that in Jurupa Valley i t is not uncommon for us to have to review a project three times until they respond to all the comments.
Large housing development projects often take as much as 4 hours to provide the first review. Each review after becomes shorter but usually not les s than 1 hour. Small projects rarely take more than two hours to review the plans and write the review comment letters.
Our fees will not exceed 80% of the permit fees collected by the City for the project.
Monthly Billing
An Excel spread sheet is often used to provide a summary of hours spent on each project plan check.
The projects on the tracking and billing sheets are listed by city assigned numbers, project name, project address, hours billed, date plan check was completed and a project number assign by RHA.
Hours are totaled weekly a s this information can be provided to the city weekly for tracking purposes as upon request. RHA will use any format the city requests for billing and tracking purposes. 17
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On - Call Landscape Plan Checking Services August 28, 2025 City of Hemet
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Detailed Approach and Methodology
The following is a sample of the billing sheet used by Jurupa Valley;
Availability of Staff
RHA is currently completing plan checking services and inspection requests within a couple of days of receiving them (two weeks is requested by the cities). Greg Meek and David Black are currently providing the plan checking services which are accurate and efficient. We could easily handle additional phone calls and very high workloads.
Due to our proven plan checking systems, it would be very easy to have additional staff assist with plan checking if needed.
Use of Technology for Conducting Plan Reviews
Over the past six years providing plan checking services for the City of Jurupa Valley we have gotten away from hard copy or paper plan submittals during our plan checking process. We have found that it has made plan checking faster and less costly for the applicants. We receive, distribute, track and store all of the plans and documents electronically. Our turn -around time has been as fast as a couple of hours but our average is about three days verses two weeks that it used to take sending hard copies back and forth. Everything goes through the planning department. With the Covid-19 virus, some cities may never take hard copies again because it has forced us to use technology to stay safe. With some agencies we have been using Bluebeam to provide comments and as a method of transferring documents. RHA has all of the software needed to use any of these processes. We even have a drone to do flyovers and aerial photography of our projects, before and after. It has been great for looking at areas that may not be accessible on foot.
RHA Landscape Architects-
Planners, Inc.
Project Name Case # Hours
Deposit
Fees @$/hr Date
RHA
Phase
Barrington Place -Frontier [DB]
landscape inspection
2018-
16406 0.50
$
87.50 04.05.19 8.20
Barrington Place -Frontier [DB]
landscape inspection
2018-
16407 0.50
$
87.50 04.05.19 8.20
Barrington Place -Frontier [DB]
landscape inspection
2018-
16408 0.25
$
43.75 04.05.19 8.20
Barrington Place -Frontier [DB]
landscape inspection
2018-
16409 0.25
$
43.75 04.05.19 8.20
18
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On-Call Landscape Plan Checking and inspection Services August 28, 2025 City of Hemet
Typical Hourly Rate Fees
RHA’s Fees for plan checking services will be charged at the Hourly rate of $150.00 per hour and will be performed by a Landscape Architect. Our fees will not exceed 80% of the fees collected by the City for the plan check process.
The following are estimates of the costs for different plan check tasks:
Initial Plan Check includes obtaining landscape plans & documents from the planner, checking plans and documents for compliance with the City’s Water Efficient Ordinance and Design Guidelines, and providing a comment letter with recommendations for compliance from the plan check. 2 hours @ $150.00/Hour = $300
1st Recheck include obtaining recheck landscape plans & documents from the planner, rechecking plans and documents for compliance and response to previous comments, and providing a recheck comment letter.
1.5 hours @ $150.00/Hour = $225.00
2nd Recheck include obtaining recheck landscape plans & documents from the planner, rechecking plans and documents for compliance and response to previous comments, and providing a recheck comment letter.
1.5 hours @ $150.00/Hour = $225.00
3rd Recheck (if needed) include obtaining recheck landscape plans & documents from the planner, rechecking plans and documents for compliance and response to previous comments, and providing a recheck comment letter.
1 hour @ $150.00/Hour = $150
Additional rechecks include obtaining recheck landscape plans & documents from the planner, rechecking plans and documents for compliance and response to previous comments, and providing a recheck comment letter.
1 hour @ $150.00/Hour = $150
Plan Check Inspections include visiting the site, documenting conditions out of compliance with pictures & notes if they exist and providing an inspection comment letter. Multiple lots in housing done at the same time take about .25 hours ea.
3 hours @ $150.00/Hour = $450
Plan Check Re-Inspections include a second visit to the site, documenting conditions out of compliance with pictures & notes if they exist and providing an inspection comment letter. 2 hours @ $150.00/Hour = $300
Additional landscape architectural services that are plan check related such as meetings, consultations, evaluations, etc. will be billed at the hourly rate of $150.00 per hour.
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
Fee Proposal
19
17.J.
VDLA Landscape Architects
On-Call Landscape Plan Check Services
Proposal prepared by VDLA Landscape Architects for the City of Hemet August 28, 2025
17.J.
Table of Contents
Cover Letter
Exceptions
I. | Experience
Relevant Experience
Proposer References
II. | Personnel
Organizational Chart
Resumes
III. | Detailed Approach & Methodology
Project Understanding
VDLA's Approach
Quality Assurance
3 5
7 11
14 15
17 18
22 23
24 26
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 2
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Cover Letter
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COVER LETTER
Purchasing Department
City of Hemet
445 E. Florida Ave
Hemet, CA 92543
RE: Request For Proposal On-Call Landscape Plan Check Services Dear Members of the Selection Committee,
We are pleased to submit our proposal for On-Call Landscape Plan Check Services for the City of Hemet. With over 53 years of experience in landscape architecture and deep expertise in municipal plan review, we have carefully reviewed the RFP and confirm our full understanding of and ability to perform the required services. We are prepared to enter into a contract under the terms and conditions prescribed in the City’s Professional Services Agreement.
VDLA Landscape Architects has a proven track record of providing comprehensive landscape architectural services to municipalities and public agencies throughout Southern California. Our team of licensed professionals brings deep expertise in plan checking and on-site inspections, ensuring compliance with municipal codes and environmental regulations. We have previously performed plan checking services for the City of Hemet as a subconsultant to HR Green. In addition, we have successfully completed over 1,100 landscape and irrigation plan checks and more than 7,000 site inspections under our contract with the Riverside County Transportation & Land Management Agency (RCTLMA).
We understand the City of Hemet requires a responsive, qualified team to support the review of offsite and onsite landscape plans, irrigation systems, and related documents in compliance with applicable City and State requirements. Our team includes licensed landscape architects, certified irrigation designers, and recycled water compliance professionals who are well-versed in reviewing planting and irrigation plans, water budgets, and grading plans.
Our team includes licensed landscape architects, certified landscape irrigation auditors, certified irrigation designers, and recycled water site supervisors, among other qualified professionals. We have extensive experience working with municipalities, including the City of Hemet itself, the City of Jurupa Valley, and the County of Riverside, among others. Our commitment to delivering high- quality services within tight timelines makes us an ideal partner for the City.
We look forward to the opportunity to support the City of Hemet and contribute to the success of its development projects. Thank you for considering our proposal.
Sincerely,
Landscape Architecture
Planning
Water Management
Graphic Communications
Yale Hooper, CID, CLIA, RWSS
President
VDLA Landscape Architects
462 Stevens Avenue, Suite 107 Solana Beach, CA 92075
18581 Old Town Front Street Temecula, CA 92590
O (619) 294-8484 x20 | M (619) 992-1679 | F (619) 574-0626 | E: [email protected] VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 4
17.J.
Exceptions
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EXCEPTIONS
VDLA Landscape Architects has reviewed the City of Hemet’s standard Professional Services Agreement and has no requested changes or exceptions. We are prepared to execute the contract as provided.
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I. Experience
17.J.
Designing beautiful outdoor
environments since 1972.
VDLA Landscape Architects is a certified small business with a rich history of 53 years providing landscape architecture services to public and private clients throughout California. VDLA is a dynamic group of designers, irrigation experts, project managers, and skilled professionals who collaborate to design beautiful, sustainable, and durable environments. This combined expertise gives VDLA the unique ability to create stunning yet practical landscape architectural design, design modern and efficient irrigation systems, produce accurate construction documents, and provide unsurpassed client service. VDLA has worked with municipalities, land developers, public agencies, HOAs, private entities, and design-builders throughout California to design beautiful environments that create a sense of place and well-being. Defining each client’s vision and goals establishes the foundation for every decision in our design process. We create long-term solutions for long-lasting projects.
• Planning
• Master Planning
• Concept Design
• Construction Documentation
• Irrigation Master Planning
• Irrigation Design
• Irrigation Audits
• Water Management Services
• Construction Administration
• Graphic Communication
• Community Outreach
• Landscape Plan Checking
• Irrigation Plan Checking
• Site Inspections
• Technical Writing
(619) 294-8484
Solana Beach
462 Stevens Ave, Suite 107
Solana Beach, CA 92075
Riverside
18581 Old Town Front Street
Temecula, CA 92590
[email protected]
vdla.us
Contact Us
VDLA is a Certified
Small Business
(Micro) #1188980
Our Services
I. EXPERIENCE
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Legal Name & Address
Van Dyke Landscape Architects, Inc.
(dba VDLA Landscape Architects)
462 Stevens Ave. Suite 107
Solana Beach, CA 92075
Riverside County Field Office
18581 Old Town Front Street
Temecula, CA 92590
Contact Information
(619) 294-8484
[email protected]
Authorized Representative
Yale Hooper, President
Project Delivery Capability
VDLA’s senior staff have collaborated for over 20 years, fostering a cohesive and highly effective team of design professionals. Our work is distinguished by a balance of creative vision and technical expertise, consistently delivering work products that meet or exceed industry standards of care. We hold weekly internal staff meetings to ensure alignment across all projects. Each meeting includes a comprehensive agenda that tracks project schedules, internal deadlines, quality control reviews, and client delivery dates. This structured approach has enabled us to successfully manage complex, multi-disciplinary projects with construction budgets reaching into the tens of millions of dollars.
Commitment to Public Sector Clients
VDLA has been working with municipalities, counties, and public agencies for 53 years. We understand the unique responsibilities of public work and approach each project with transparency, accountability, and a strong sense of civic purpose. Our team excels at navigating agency protocols, engaging diverse stakeholders, and delivering sustainable, durable spaces that reflect the values of the communities they serve.
Firm Profile
4 Licensed Landscape Architects (LLA)
3 Certified Landscape Irrigation Auditors (CLIA)
3 Recycled Water Site Supervisors (RWSS)
2 Certified Irrigation Designers (CID)
1 Certified Irrigation Technician (CIT)
1 Qualified Water Efficient Landscaper (QWEL)
1 Certified Water Manager (CWM)
I. EXPERIENCE
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17.J.
I. EXPERIENCE
• City of Hemet
• City of Jurupa Valley
• City of Lancaster
• City of Upland
• City of Laguna Woods
• City of Calimesa
• City of Solana Beach
• City of Carlsbad
• City of San Diego
• City of Chula Vista
• County of San Diego
• County of Orange
• City of Cathedral City
• City of San Jacinto
• City of Temecula
• City of Yucaipa
• City of Los Angeles
• City of Banning
• City of Beaumont
• San Bernadino County
• County of Riverside
• CA Coastal Commission
• EMWD
• MWD
3000+
Projects Completed
50+
Years of Experience
in Southern CA
25+
Municipalities &
Public Agencies
Worked With
VDLA has extensive experience providing landscape architectural services for municipalities and public agencies. A few of our previous clients include:
Why VDLA?
Our differentiators for your success
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 10
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Public Sector Experience
Riverside County Transportation & Land Management Agency (RCTLMA) Multiple contracts, 2009 - Present
Contact: Mark Hughes, Principal Engineering Unit Supervisor Phone: (951) 955-6767
Mailing Address: 4080 Lemon Street, 8th Floor Riverside, CA 92502 Email: [email protected]
VDLA has been working with RCTLMA since 2009, providing a wide range of on-call services including landscape architectural design services, landscape plan checking, landscape site inspections, irrigation water management, central control irrigation management and setup, creation of plan check and evaluation check lists, MWELO reporting, development of comprehensive landscape guidelines, standard details and specifications. Specific tasks relevant to this scope include: design of medians, roundabouts and parkway landscapes, point of connection (POC) / Electrical / Water Meter Inventory, maintenance inspections, and evaluations of new and existing irrigation systems within County maintained landscape maintenance districts (LMDs). Evaluations include noting overall site conditions and inventory of key components such as water meters, backflow prevention devices, master valves, flow sensors, pumps, sensors and system controllers. Upon inventory completion, a system evaluation is conducted, noting observed problems such as valve malfunctions, condition of equipment, pressure, deflection, overspray, broken equipment and runoff. Inventory and assessment information is then compiled into a report where system information, deficiencies and recommended upgrades/repairs are listed. VDLA also meets with landscape maintenance contractor staff on site to ensure that repairs are implemented correctly and that system performance has improved.
Riverside County Economic Development Agency (EDA)
Administered Under RCTLMA Contract Listed Above
Contact: Mike Franklin, Principal Development Specialist Community and Cultural Services Division/EDA
Phone: (951) 675-9671
Mailing Address: 3499 10th Street, Suite 200, Riverside, CA 92501 Email: [email protected]
VDLA has a 20-year working relationship with the County of Riverside EDA and its maintenance districts. Implemented scopes include park and recreation projects, development of landscape and irrigation standards and details, inspections of irrigation systems for installation compliance and quality control, gathering site data, programming of central control systems, and creation of water management notebooks based on data gathered in the field. Services also include landscape plan checking, landscape site inspections, irrigation water management, central control irrigation management and setup, and landscape design services.
I. EXPERIENCE
Relevant Experience
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Eastern Municipal Water District (EMWD)
Multiple Contracts 2006 - 2009; 2012 - Present
Contact: John Weurth
Senior Recycled Water Program Analyst
Phone: (951) 920-3777
Mailing Address: 2270 Trumble Road P.O. Box 8300 Perris, CA 92572-8300 Email: [email protected]
VDLA scope includes review of plans for conformance to EMWD submittal and graphic standards. Documents reviewed included Recycled Water Use Exhibits, construction documents for on-site irrigation and related civil plans. Plan review included evaluation of projects from the recycled water meter downstream for compliance with regulatory permitting requirements, including environmental, local, regional and state codes, and any applicable conditions of approval for the project. Scope also includes reviewing Recycled Water Use Exhibits and irrigation plans as related to California Department of Public Health (CDPH) Title 22 compliance, Environmental Regulatory Compliance (ERC) and EMWD Recycled Water Guidelines and Specifications. During the plan and exhibit review process, proposed pipeline size requirements and limits are reviewed, locations of existing and proposed facilities are verified using EB Web and SmallWorld software.
City of Jurupa Valley
Multiple Contracts 2016 - Present
Contact: Michael Waltz
Public Works Operations Manager
Phone: (951) 332-6464
Mailing Address: 8930 Limonite Ave, Jurupa Valley, CA 92509 Email: [email protected]
VDLA was retained by the City of Jurupa Valley to provide as-needed landscape architectural services including landscape architectural design services, landscape plan checking, landscape site inspections, MWELO reporting, irrigation water management, central control irrigation management and setup, creation of plan check and evaluation check lists, development of comprehensive landscape guidelines, standard details and specifications. Specific tasks relevant to this scope include: design of medians, roundabouts and parkway landscapes, point of connection (POC) / Electrical / Water Meter Inventory, maintenance inspections, and evaluations of new and existing irrigation systems within County maintained landscape maintenance districts (LMD).
Public Sector Experience
I. EXPERIENCE
Relevant Experience
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Valley-Wide Recreation & Park District
2022 - Present
Contact: Loretta Domenigoni
Park Planner
Phone: (951) 654-1505
Mailing Address: 901 W. Esplanade Ave. San Jacinto, CA 92582 Email: [email protected]
Since 2022, VDLA has provided comprehensive landscape architectural services for Valley-Wide Recreation & Park District under an ongoing contract covering a wide range of project types including parks, streetscapes, and stormwater basins. Scope of work has included site planning, play equipment inspections for safety and accessibility compliance, and design services encompassing irrigation, grading, drainage, planting, and hardscape. VDLA has also supported construction administration through submittal reviews and as-built inspections.
Over 1,500 individual inspections have been completed to date as part of this contract.
Public Sector Experience
I. EXPERIENCE
Relevant Experience
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 13
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Contract Term Dates: 2007 - Present
Description of Services: Plan Checking, Standards Development, As Needed Landscape & Irrigation Design Services Key Personnel Assigned: Yale Hooper, Elaine Sitz, Brett Allen, Mauro Macias (951) 928-3777
[email protected]
2270 Trimble Road
Perris, CA 92570
John Wuerth, Recycled Water Program Analyst
Eastern Municipal Water District
Contract Term Dates: 2006 - Present
Description of Services: Plan Checking, Landscape & Irrigation Inspection Services, Standards Development, As Needed Landscape & Irrigation Design Services, Rebate Program Implementation Key Personnel Assigned: Yale Hooper, Elaine Sitz, Brett Allen (951) 955-6767
[email protected]
4080 Lemon Street, 5th Floor
Riverside, CA 92502
Mark Hughes, Principal Engineering Unit Supervisor
Riverside County Transportation Department
Contract Term Dates: 2014 - Present
Description of Services: Plan Checking, Landscape & Irrigation Inspection Services, As Needed Landscape & Irrigation Design Services, Irrigation Water Management
Key Personnel Assigned: Yale Hooper, Elaine Sitz, Brett Allen (951) 332-6464 x231
[email protected]
8930 Limonite Avenue
Jurupa Valley, CA 90529
David French, Deputy Director of Public Works | Operations City of Jurupa Valley
I. EXPERIENCE
Proposer References
References
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17.J.
II. Personnel
17.J.
VDLA Landscape Architects has assembled a highly qualified and experienced team to perform On-Call Landscape Plan Check Services for the City of Hemet. Our staff includes licensed landscape architects, certified irrigation designers, certified landscape irrigation auditors, and recycled water site supervisors - all with direct experience providing municipal plan check services across Southern California.
We propose the following team members to support this contract:
Yale Hooper, CLIA, CID, RWSS – Contract Administrator
Denise Armijo – Principal in Charge
Elaine Sitz, CA LLA #2585 – Director of Plan Checking
Mauro Macias – Plan Checker / Landscape & Irrigation Designer This team brings deep technical knowledge in planting and irrigation systems, water efficiency compliance, and public agency coordination. Collectively, our personnel have completed thousands of landscape plan reviews and inspections for cities, counties, and special districts.
Resumes for each of the key team members are included on the following pages, outlining their licenses, certifications, qualifications, and relevant experience.
Staff Qualifications
II. PERSONNEL
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II. PERSONNEL
Organizational Chart
CA LLA - California Licensed Landscape Architect
LLA - Licensed Landscape Architect
CLIA - Certified Landscape Irrigation Auditor
CID - Certified Irrigation Designer
RWSS - Recycled Water Site Supervisor
YALE HOOPER
Contract Administrator
CLIA, CID, RWSS
MAURO MACIAS
Plan Checker/Landscape
& Irrigation Designer
ELAINE SITZ
Director of Plan Checking
CA LLA #2585
KEY PERSONNEL
LANDSCAPE DESIGNERS, SUPPORT STAFF, & ADMINISTRATION
MITCH PHILLIPPE, CA LLA
Principal Emeritus
DENISE ARMIJO
Principal
GERARDO BANUELOS, LLA
Project Manager
WEI WANG
Project Manager
RICARDO SANTOS
Landscape Designer
DAWSON HODGSON
Landscape Designer
DUSTIN FARRELLY
Inspector
JEFF ALBERS
Inspector
GUILLERMO PEREZ
Inspector
STEVE SIERRA
Inspector
ALEXA HUDSON
Controller
NOAH HENWOOD
BD & Marketing Manager
STACY ENTRIKIN
Admin Assistant
Assigned Personnel at City/Work-Site: Elaine Sitz, As-Needed
DENISE ARMIJO
Principal in Charge
ASLA
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 17
17.J.
YALE HOOPER | PRINCIPAL
Contract Administrator
Mr. Hooper is President of VDLA and serves as Director of Irrigation Services, Construction Administration, and Inspections Manager. He will provide contract management and Principal leadership for the proposed services. He has 38 years of experience in public and agency work, focusing on irrigation design and construction management while coordinating with water districts, public agencies and municipalities, civil engineers, industry product manufacturers, and contractors. Mr. Hooper’s experience in the region provides him with thorough familiarity with regional and local standards and regulations, as well as micro-climates affecting planting and irrigation designs.
RELEVANT PROJECT EXPERIENCE
On-Call Landscape Plan Checking and Inspections, Jurupa Valley, CA Mr. Hooper oversees VDLA staff who provide a wide range of services including landscape plan checking, landscape site inspections, water management, central control irrigation management/setup, and landscape design services. Under his leadership, the team supports the City of Jurupa Valley through the design of medians, roundabouts, and parkway landscapes, as well as the evaluation and inspection of new and existing irrigation systems within City- maintained Landscape Maintenance Districts (LMDs). Mr. Hooper also manages efforts related to Point of Connection (POC), electrical, and water meter inventories.
On-Call Landscape Plan Checking and Inspections, Riverside County Transportation & Land Management Agency (RCTLMA), Riverside, CA
Mr. Hooper oversees VDLA staff who perform plan review and plan checking, including project Conditions of Approval, County ordinances and submittals for County maintained landscape projects. Projects range from existing parkways and medians to freeway interchanges. Mr.
Hooper also oversees VDLA services for on-site and off-site landscape inspection services for newly constructed privately maintained sites, and new and existing County maintained sites (LMD, CSA and CFD) and CalTrans Rights of Way.
On-Call Plan Checking, Eastern Municipal Water District Mr. Hooper oversees VDLA staff who perform plan review and plan checking including review of plans for conformance to EMWD submittal and graphic standards. Documents reviewed included Recycled Water Use Exhibits, construction documents for on-site irrigation and related civil plans.
Valley-Wide Recreation & Park District, Riverside County, CA Mr. Hooper has led VDLA’s efforts with Valley-Wide Recreation & Park District, providing comprehensive landscape architectural services across a wide variety of project types, including parks, streetscapes, and stormwater basin improvements. His responsibilities have encompassed site planning, design of irrigation, grading, drainage, planting, and hardscape elements, as well as safety and accessibility inspections for new and existing playgrounds. Mr.
Hooper has also overseen construction administration tasks such as submittal review and as- built inspections. Under his management, VDLA has completed more than 1,500 individual field inspections.
Mountain Edge Park, Riverside County, CA
Mr. Hooper is serving as Principal in Charge for a 10-acre turnkey park within the Valley Wide Recreation & Park District in the County of Riverside. In refining an approved concept plan, current program elements designed by VDLA include a baseball field, basketball and volleyball courts, pre-fabricated restroom, shade shelters, sports lighting, tot lot, parking lot, site amenities, park monument and multi-purpose fields located within an existing Riverside County Flood Control basin bottom.
EXPERIENCE
28 Years with VDLA
EDUCATION
Irrigation Design, Mesa
College, San Diego
Irrigation Design,
California Polytechnic
University, San Luis
Obispo
CERTIFICATIONS
Certified Irrigation
Designer (CID) #45214
Certified Landscape
Irrigation Auditor (CLIA)
#45214
Recycled Water Site
Supervisor (RWSS)
#6934
AFFILIATIONS
Building Industry
Association
Irrigation Association (IA)
EPA Water Sense Partner
Water ReUse Association
American Society of
Agriculture & Biological
Engineers
American Society of
Irrigation Consultants
II. PERSONNEL
Resumes
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 18
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DENISE ARMIJO | PRINCIPAL
Principal in Charge
Ms. Armijo has over 23 years of diverse landscape architectural experience and project management for both public and private clients. Experience includes master planning and entitlement, outreach and consensus gathering, schematic and design development, construction documents, bid documents, bid period support, and construction administration.
Project types range from HOA master plans, park and recreation design, open space and habitat preservation, and trails development, to cemetery and library scopes. Ms. Armijo is also accomplished in coordinating and obtaining multi-agency approvals, and preparing materials for public / community group meetings.
RELEVANT PROJECT EXPERIENCE
On-Call Landscape Plan Checking Services, Riverside County Transportation & Land Management Agency (RCTLMA), Riverside, CA
Ms. Armijo manages VDLA staff who perform on- and off-site plan checks of private and County maintained projects for conformance to County standards, including project Conditions of Approval, County ordinances 348, 460, 461 and 859. Ms. Armijo has developed standard requirement check lists, an automated water budget calculations spreadsheet, standard signature blocks and electronic stamps, and overall protocol for receiving, logging and tracking submittals. Services also include meeting with applicants to aid in resolution of design issues, inter-departmental coordination, and regular collaboration with the County Planning Department, Valley-Wide Parks and Recreation, various stakeholders and water districts to ensure pertinent regulations are satisfactorily applied.
On-Call Consulting Services, Riverside County Transportation & Land Management Agency (RCTLMA), Riverside, CA
Ms. Armijo’s experience with the County of Riverside includes development of the County of Riverside Comprehensive Landscape Guidelines & Standards, a comprehensive document to guide landscape design and submittals within the agency’s jurisdiction. VDLA reviewed existing guidelines, standards and regulations, then worked closely with multiple disciplines within the agency to produce standards for landscape design and submittals, including clarifying and/or prioritizing any conflicts between regulations. Additional efforts for the County include acting in an advisory role and providing updates to ordinance 859 working with County staff to appropriately address drought measures through regulation and design. Additional review and technical writing has been provided for ordinances 348 and 461.
La Colonia Park (Multiple Projects), Solana Beach, CA
Ms. Armijo has served as Project Manager, Public Outreach and Communications Manager for several projects within this well established historic neighborhood park. Projects include a master plan, CD’s for a skate park and veterans honor court, tot lot upgrade, and an updated master plan to incorporate a new lot. Efforts include leading community workshops and presentations, and implementing successful methods of input gathering such as bilingual flyers, information booths at community events, public charettes and visual preference surveys.
Miramar National Cemetery, San Diego, CA
Ms. Armijo oversaw design and production through Design Development and Construction Documents for phases 1 and 2 of the 323 acre master plan. The plan provides over 250,000 interment sites in 6 phases for build out over a 20-30 year period. The site is constrained by topographic features, sensitive habitat and natural resources, utility easements and military flight path zones.
EXPERIENCE
23 Years with VDLA
EDUCATION
Associate of Science in
Landscape Architecture,
San Diego Mesa College
Landscape Architecture
Curriculum, UC Berkeley
Bachelor of Arts
in Modern French
Civilization, Scripps
College
AFFILIATIONS
Colina del Sol Recreation
Council
California Native Plant
Society
American Society of
Landscape Architects
II. PERSONNEL
Resumes
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 19
17.J.
ELAINE SITZ
Director of Plan Checking, Landscape Architect (#2585)
Ms. Sitz is a Senior Plan Check Specialist with VDLA and has over 30 years of project experience, encompassing institutional projects, multi-family housing and residential community development, park and recreation facilities, corporate office site design, and public agency projects. She adds immense value to the plan checking department at VDLA, and oversees multiple plan check staff. Ms. Sitz currently reviews landscape and irrigation projects for multiple agencies for conformance with applicable ordinances and regulations, including water conservation ordinances, landscape water budget calculations, parking ordinances, and sight distance requirements.
RELEVANT PROJECT EXPERIENCE
On-Call Landscape Plan Checking, City of Jurupa Valley
Ms. Sitz performs plan check services for the City of Jurupa Valley predominantly for City maintained right-of-way areas and basins. The plan check streamlines irrigation methods and materials and directs applicants toward plant material which is appropriate for the site and coordinates the material and design with existing plant material in the area taking into account the microclimate of the site, the amount of anticipated foot and vehicular traffic and visibility safety.
On-Call Landscape Plan Checking, Riverside County Transportation & Land Management Agency (RCTLMA), Riverside, CA
Ms. Sitz performs on and off-site plan checks of private and County maintained projects for conformance to County standards, ensuring conformance to RCTLMA submittal and graphic standards, approved landscape concept plan and Conditions of Approval, and for verifying that plans conform to Ordinances 348, 460, 461 and 859. Ms. Sitz assists in periodic updates to the standard requirement check lists, standard details and specifications for use by plan checkers and applicants to help streamline the plan checking process. Ms. Sitz frequently collaborates with applicants to aid in resolution of design issues, inter-departmental coordination, and regular collaboration with County Planning Department, Valley-Wide Parks and Recreation, various CSA’s and water districts.
On-Call Landscape Plan Checking, City of Lancaster
Ms. Sitz is responsible for reviewing landscape plans to ensure compliance with the City of Lancaster’s standards and regulations. In addition to her plan review duties, she has played an integral role in the periodic development of standardized requirement checklists and the implementation of electronic approval stamps to streamline the plan review process for her team.
On-Call Landscape Plan Checking, City of Hemet
Ms. Sitz conducts thorough reviews of landscape plans to verify alignment with the City of Hemet’s guidelines and design standards. She has also contributed to the creation of standardized requirement checklists and electronic approval stamps, enhancing the efficiency and consistency of the plan review process.
On-Call Landscape Plan Checking, City of Upland
Ms. Sitz is responsible for reviewing landscape plans to ensure they meet the City of Upland’s requirements and design standards. She has also contributed to improving the plan checking process by helping develop standard requirement checklists and electronic approval stamps.
EXPERIENCE
30+ Years
9 Years with VDLA
EDUCATION
Bachelor of Agriculture in
Landscape Architecture,
Purdue University
REGISTRATIONS
Licensed Landscape
Architect State of
California #2585
II. PERSONNEL
Resumes
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 20
17.J.
MAURO MACIAS
Plan Checker/Landscape & Irrigation Designer
Mr. Macias is a skilled plan checker, and landscape & irrigation designer at VDLA, with expertise in plan checking, irrigation and landscape design, irrigation audits, and conceptual development. Since joining VDLA, he has gained experience across a diverse range of projects, including streetscapes, community developments, and educational facilities. A recent graduate of Cal Poly Pomona’s Environmental Studies program, Mauro’s academic work focused on designing gardens for communities facing food insecurity and green space inequities. He also collaborated with an ecological preserve to support wildlife conservation and educate youth on the importance of natural systems. Proficient in Adobe Suite, AutoCAD, Rhino, Lumion, and ArcGIS, Mr. Macias also excels in traditional hand sketching. His ability to translate ideas into compelling illustrative concepts and precise construction documents ensures clear communication and successful project execution.
PROJECT EXPERIENCE
On-Call Plan Checking, Eastern Municipal Water District Mr. Macias performs plan review and plan checking including review of plans for conformance to EMWD submittal and graphic standards. Documents reviewed included Recycled Water Use Exhibits, construction documents for on-site irrigation and related civil plans.
Main Street Streetscape Improvements, Perris, CA
Mr. Macias contributed to the irrigation and planting design for a street median as part of the Main Street Streetscape Improvements in Perris, CA. His work supported a sustainable and visually appealing landscape design while ensuring efficient water management.
De Portola Winery Retaining Wall, Temecula, CA
Mr. Macias contributed to the hardscape design for the decorative retaining wall at De Portola Winery, collaborating with the County of Riverside to ensure compliance and aesthetic appeal.
His work helped integrate visual elements that enhance the winery’s landscape while providing functional support.
Pacific Rim Elementary, Carlsbad, CA
Mr. Macias is currently assisting with the irrigation plan for a building addition at Pacific Rim Elementary within Carlsbad Unified School District, supporting the design of an efficient and sustainable system. His contributions help ensure proper water distribution while integrating with the existing landscape infrastructure.
KB Home Highgrove 72 Community, Riverside, CA
Mr. Macias assists with irrigation and planting design for individual homes within the KB Home Highgrove 72 Community. As part of VDLA’s overall design for the community, his work supports efficient water use and cohesive landscape aesthetics.
Coastline Baptist Church, Oceanside, CA
Mr. Macias provided landscape design services to revitalize the church’s outdoor space, focusing on slope stabilization, a comprehensive planting plan, and improved circulation.
Enhancements at a key T-intersection helped create a more cohesive and visually appealing environment for the church community.
The Colony HOA, Murrieta, CA
Mr. Macias is assisting wi th graphics development, renderings, and conceptual design for landscape improvements at The Colony Homeowners Association. His contributions help visualize design concepts, enhancing communication with HOA stakeholders.
EXPERIENCE
1 Year with VDLA
EDUCATION
Bachelor of Science in
Landscape Architecture,
California State
Polytechnic University,
Pomona
Minor in Regenerative
Studies, California State
Polytechnic University,
Pomona
II. PERSONNEL
Resumes
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 21
17.J.
III. Detailed Approach & Methodology
17.J.
VDLA understands the City of Hemet seeks a qualified consultant to provide on-call landscape plan check services. The scope includes Final Offsite Landscape Plan Check Services, Final Onsite Landscape Plan Check Services, and other related landscape services. Compensation for plan check is set at 80% of City-collected fees for up to three reviews per sheet; any checks beyond three are billed hourly per our rate schedule. We understand services support both the Planning and Engineering departments; submittals are digital, currently via email, with a transition after January 1 to Bluebeam through the City’s permitting software. The City’s target turnaround for each review cycle is two weeks; typical submittals average about four sheets, and monthly volume ranges from one or two to four or five plan checks or site inspections. Construction inspection, if requested, will occur on a case-by-case basis through the Planning Division.
Project Understanding
III. DETAILED APPROACH & METHODOLOGY
Project Understanding
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 23
17.J.
Plan Review:
VDLA employs consistent and client-specific methods for plan review, which will ensure that all landscape and irrigation documents meet the City of Hemet’s standards. Our methodology includes verifying maintenance entities, conditions of approval, approved concept or specific plans, relevant ordinances, and design guidelines. We also ensure coordination between landscape, irrigation, and other disciplines, such as civil and grading plans, to confirm alignment with utility locations, hardscape improvements, bioswales, or detention basin facilities.
Our review comments are comprehensive, combining customized checklists, written memos, and examples of standards as needed. Re-submittals are back-checked against prior comments, with color coding to indicate compliance. To keep projects on track, VDLA may initiate meetings or phone conferences with applicants and City staff, always mindful of project budgets and timelines.
We utilize advanced platforms like Bluebeam Revu, Adobe Acrobat, and Excel for plan checking, commenting, and record keeping. All submittals are tracked in detailed spreadsheets that log key project information such as applicant details, maintenance entities, tract numbers, submittal timelines, and Bluebeam session numbers for easy reference and follow-up. For electronic plan reviews, we conduct detailed markups using Bluebeam Sessions, which allow for real-time collaboration and efficient digital transmittal of plan check comments to both City staff and applicants.
Comments are organized systematically for clarity and consistency, and we can easily export annotated plan sets and comment logs for submittal.
In addition, we have developed client-specific tools, including customized checklists for different project types and ordinances, an automated water budget calculation spreadsheet aligned with MWELO requirements, and sample graphics to further streamline and standardize the review process.
VDLA’s Approach to Service Delivery
III. DETAILED APPROACH & METHODOLOGY
VDLA's Approach
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 24
17.J.
Timelines and Service Efficiency:
VDLA ensures that the first landscape plan check is completed within two weeks of receiving the submittal, with subsequent reviews completed within five (5) business days. Additionally, VDLA has a dedicated employee responsible for the efficient pickup and delivery of plans between our office and the City of Hemet, ensuring prompt handling of all documents.
VDLA is structured to maintain flexibility and responsiveness even during periods of high workload. Our team includes a pool of experienced plan checkers and inspectors who can be reassigned as needed to support priority projects and ensure deadlines are met. We monitor project timelines and review capacity weekly, allowing us to proactively adjust assignments when incoming submittals exceed typical volumes.
Comprehensive Guidelines:
VDLA has developed thorough guidelines for processing landscape and irrigation plans. These guidelines include tailored plant and tree lists for various project types such as medians, right-of-ways, and commercial frontages. This ensures consistency and adherence to local standards across all projects. VDLA also develops and provides standard titleblocks, signature blocks, and other graphics as needed in multiple formats for customer use to facilitate projects.
Plan Checklists:
We have created detailed plan checklists for different project types, including front yard residential typicals, City- maintained projects, and commercial developments. These checklists streamline the review process, ensuring all necessary components are addressed and documented, reducing review time and rework.
VDLA’s Approach to Service Delivery
III. DETAILED APPROACH & METHODOLOGY
VDLA's Approach
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 25
17.J.
VDLA provides personalized, high quality services to our clients. Our creative design abilities and technically sound work products are supported by a proven track record and referrals from satisfied clients. We ensure quality consistently across all personnel by implementing and utilizing stringent quality control measures. As part of the firm’s procedures to ensure well-coordinated and complete construction documents, our quality control system utilizes internal plan checking at all levels: conceptual, design development, final contract documents, and post construction evaluation. This program minimizes or eliminates conflicting information between disciplines and ensures that the highest quality documents possible are delivered to the client. The program is described below.
All plans are checked by an experienced plan checker. Required revisions are indicated in red, and all correct information is highlighted in yellow. This ensures each item on the plan is checked. Plans are then returned to the applicant, and corrected by the designer or draftsperson, with revisions are circled in blue. This ensures each required revision is corrected. Corrections are then verified by an experience plan checker by comparing the marked plan set with a final print. After the correction has been verified, it is circled in purple. This three step process ensures each revision was made correctly.
Quality Assurance
VDLA’s In-Depth
QA Process
III. DETAILED APPROACH & METHODOLOGY
Quality Assurance
VDLA | CITY OF HEMET LANDSCAPE PLAN CHECK SERVICES 26
17.J.
VDLA Landscape Architects
462 Stevens Avenue, Suite 107, Solana Beach, CA 92075 | 18581 Old Town Front Street, Temecula, CA 92590 Tel: (619) 294-8484 | Fax: (619) 574-0626 | E-mail: [email protected] | Web: vdla.us Principals: Yale Hooper, CID, CLIA, RWSS | Denise Armijo, ASLA | Brett Allen, ASLA, CA LLA #6595, CID, CLIA, RWSS | Mitch Phillippe, CA LLA #3781Page 168 of 308
17.J.
CONTACT
John Hidalgo, RLA
Program Manager
562.900.7151
[email protected]
CITY OF HEMET
CALIFORNIA
Proposal
On-Call Landscape Plan Check Services
August 28, 2025
17.J.
Cover Letter
August 28, 2025
City of Hemet
445 E Florida Ave
Hemet, CA 92543
Submitted Electronically via PlanetBids
RE: Proposal for On-Call Landscape Plan Check Services
The City of Hemet is seeking qualified consultants to provide on-call landscape plan check services. Willdan Engineering (Willdan), a Southern California-based firm, has been a consistent industry leader for more than 61 years. Willdan has assembled a team who are committed to providing top-quality services to the City of Hemet (City). Willdan’s qualifications include:
Highly Relevant Landscape Plan Check Experience and Experienced Team. Willdan has provided landscape architectural design services for a vast number of Southern California municipalities, including the Cities of Rialto, San Bernardino, Fontana, Banning, Big Bear, Grand Terrace, La Mirada, Rancho Palos Verdes, and Fillmore. Our proposed Project Manager, John Hidalgo, RLA has over 33 years of Landscape Plan Check experience, with his combined team experience exceeding 75 years.
61-Year Track Record of Success. Willdan has extensive experience providing a complete range of engineering services to local agencies on an as-needed and project-specific basis. The firm’s capabilities encompass landscaping, plan check, inspection, mapping, drainage, water/wastewater, signals, traffic programs, and bridges and structures. We provide services in all phases of project development, including site analysis and conceptual development, preliminary and final design, and construction management and inspection. Our services involve environmental planning, facility financing, and state-of-the-art computer-aided design. We have direct experience with county, state, and federal processes, regulations, and requirements.
Quick Turnaround Times. Willdan has a reputation for providing quality and accurate plan review in a timely manner. We understand that time is of critical importance to the City and to the development community. We are dedicated to meeting all deadlines, expedited or not and take pride in our ability to do so in all our current contracts.
As Principal-in-Charge, I will ensure Willdan Engineering resources are made available to meet the needs of the project task assignments and will be available to the City throughout the duration of the contract. Willdan has reviewed the RFP in its entirety and understands the desired services of the City. Willdan has no exceptions to the RFP. Willdan intends to enter into a contract under the terms and conditions as prescribed by the City of Hemet Professional Services Agreement.
If you have any questions or need additional information, you may contact me at (657)223-8557 and/or by email at [email protected]. You may also contact Mr. Hidalgo at (562) 900-7151 and/or by email at [email protected]. I hope we convey herein our sincere interest in working with the City, and I look forward to further discussing how Willdan Engineering may continue to assist you with meeting your goals for this contract.
Respectfully submitted,
WILLDAN ENGINEERING
Tyrone Peter, PE
Director of Engineering
17.J.
Proposal for On-Call Landscape
Plan Check Services
City of Hemet
1 Section 1 – Experience
Firm Profile
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded corporation. Willdan’s Corporate Headquarters is located at 2401 E Katella Ave, Suite 300, Anaheim, CA 92806. Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths.
Project Manager Authorized Representative
John Hidalgo, RLA
(562) 900-7151
[email protected]
Tyrone Peter, PE
(657) 223-8557
[email protected]
Branch Office
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 386-0200
Willdan has more than 1,700 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals, operating out of 50+ offices located throughout the United States. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. We have supported the implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services. Willdan is in good standing with the State of California and is licensed to practice in California.
Throughout our 61-year history in California, Willdan has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; municipal planning; environmental; energy-related services, along with a full complement of related disciplines. Dedicated to providing public agencies with reliable, quality, and cost-effective services, Willdan merges sound solutions with a solid respect for the fiscal responsibility faced by local agencies and the concerns of affected communities. This approach has proven responsive to the most challenging budget, schedule, and aesthetic requirements. It is a contributing factor to our industry reputation and our company growth. Willdan addresses the varied demographics of our public agency clients through focused, specialized services offering solutions tailored to the unique goals and visions of each agency.
17.J.
Proposal for On-Call Landscape
Plan Check Services
City of Hemet
2 Proposer References
Willdan has provided the following references with projects of similar scope and size to the City’s. The similar projects provided will verify our excellent reputation and confirm our dedication to excellent service, our expert technical ability, and our commitment.
On-Call Plan Review Services
Client Contact
City of Banning
99 E Ramsey St.
Banning, CA 92220
David Newell
Community Development Director
(951) 922-3120
[email protected]
Dates 2019 - Ongoing
Willdan is performing landscape and irrigation plan check services for compliance with California Water Efficient Model Ordinance for improvements within the public right-of-way for streetscape and parkland construction.
For streetscape improvements, reviews included medians and parkways encompassing irrigation and planting plans, details, and technical specifications. For parkland sites, reviews included grading and construction plan, playground areas, irrigation and planting plans, details, and technical specifications. For multiple and single- family homes subdivisions, and industrial/commercial/retail properties, reviews include irrigation and planting plans, details, and technical specifications. Furthermore, all reviews are back checked for compliance with Conditions of Approvals (COAs).
On-Call Plan Check Services
Client Contact
City of La Mirada
13700 La Mirada Blvd
La Mirada, CA 90638
Eric Garcia
Senior Planner
(562) 943-0131
[email protected]
Dates 2017 - Ongoing
Willdan is performing landscape and irrigation plan check services for compliance with California Water Efficient Model Ordinance at multiple single-family homes, commercial/retail properties and assisted living facilities.
Inspections for WELO compliance were performed after completion of each respective areas.
On-Call Plan Check Services
Client Contact
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Amy Seeraty
Senior Planner
(310) 544-5231
[email protected]
Dates 2000 - Ongoing
Willdan is performing landscape and irrigation plan check services for compliance with California Water Efficient Model Ordinance at multiple single-family homes, commercial/retail properties and assisted living facilities.
Inspections for WELO compliance were performed after completion of each respective areas.
17.J.
Proposal for On-Call Landscape
Plan Check Services
City of Hemet
3 Section II - Personnel
Although overall firm credentials and experience are important, the key to a successful project is the caliber and depth of experience of the individuals assigned to the team. Willdan offers the City of Hemet a highly qualified team of professionals with the technical qualifications and diverse capabilities necessary to undertake the plan check services for the City's projects.
Brief biographies of our project team detailing their experience and their roles are provided herein.
John Hidalgo, RLA Project Manager, Plans Reviewer & Inspector BS, Landscape Architecture, California State
Polytechnic University, Pomona
Summer of 1987, European Study Tour, California
Polytechnic State University, School of Architecture,
Pomona
Landscape Architect, California, No. 3551
Licensed Contractor, California C-27, No. 713613
33 Years of Experience
Similar Project Experience:
Plans Reviewer and Inspections, Heritage Valley Subdivision, City of Fillmore Plans Reviewer, County of Orange
Plans Reviewer and Inspections, City of La Mirada
Plans Reviewer and Inspections, City of Sierra Madre
Plans Reviewer, City of Yorba Linda
Plans Reviewer and Inspections, City of Pomona
Bryan Nguyen, RLA Plans Reviewer & Inspector
BS, Landscape Architecture, California State
Polytechnic University, Pomona
Street Tree Seminar
Landscape Architect, California No. 4967
Landscape Architect, Arizona
27 Years of Experience
Similar Project Experience:
Plans Reviewer, County of Orange
Plans Reviewer, City of Elk Grove
Plans Reviewer and Inspections, City of Los Alamitos
Plans Reviewer, City of Paramount
Plans Reviewer, As Needed Landscape Architecture & Engineering Design Services, County of Los Angeles
Carlos Espinoza, RLA Plans Reviewer & Inspector
Skills Certificates in Landscape Irrigation Science and Turf Grass Management Mt. San Antonio College,
Walnut, CA (Currently enrolled)
Skills Certificate in Geographical Information
Computer Systems (ArcGIS 9.2) Mt. San Antonio
College, Walnut, CA
BS, Landscape Architecture, California Polytechnic
University, Pomona
Landscape Architect, California No. 6534
Landscape Architecture Study Abroad, Cal Poly
Pomona Tuscany, Italy
AA, General Education, Chaffey College, Rancho
Cucamonga, California
18 Years of Experience
Similar Project Experience:
Inspections, Atwell Master plan Communities Tri Pointe Homes, City of Banning Inspections, Paramount Boulevard Turf Replacement Project, City of Lakewood Quality Control Inspection/Customer Service & On Call Landscape Special Projects, City of Yorba Linda Plans Reviewer and Inspections, As Needed Landscape Architecture & Engineering Design Services, County of Los Angeles
Inspections, Analysis and Update and Inventory of LMD Assets, City of Santa Clarita
17.J.
4 John Hidalgo, RLA
Project Manager
John Hidalgo possesses landscape architecture experience that encompasses a variety of landscape and irrigation projects. He has in-depth expertise in design development, preparation of plans and specifications, plan reviews, and construction observation. Mr.
Hidalgo is familiar with various local, state, and federal codes, regulations, procedures, and standards relating to construction, safety, park, and facility planning, and other landscape and irrigation amenities. He has successfully completed projects in compliance with these various standards. Mr. Hidalgo has experience representing project owners during the plan review process. He possesses comprehensive experience in both field observation and construction. His responsibilities include managing park and street beautification design, low-impact developments, plan reviews, and construction observation.
Relevant Project Experience
On-Call Plan Review, City of Banning, CA. Plans reviewer for compliance with California Water Efficient Model Ordinance for improvements within the public right-of-way for streetscape and parkland construction. For streetscape improvements, reviews included medians and parkways encompassing irrigation and planting plans, details, and technical specifications. For parkland sites, reviews included grading and construction plan, playground areas, irrigation and planting plans, details, and technical specifications. For multiple and single-family homes subdivisions, and industrial/commercial/retail properties, reviews include irrigation and planting plans, details, and technical specifications. Furthermore, all reviews are back checked for compliance with Conditions of Approvals (COAs).
Plan Review for Heritage Valley Subdivision, City of Fillmore, CA. Responsible in providing plan review and inspections for improvements within the public right-of-way, landscape maintenance district and homeowners association for streetscape, front yards, open space and parkland construction. For streetscape improvements, reviews included medians and parkways encompassing irrigation and planting plans, details, and technical specifications.
Reviews included grading and construction plans, playground areas, irrigation and planting plans, details, and technical specifications. Inspections for WELO compliance are performed after completion of each respective areas.
On-Call Plan Review, Cities of Rancho Palos Verdes, Banning, Grand Terrace, Norwalk, Sierra Madre, Pomona, La Mirada CA. Plans reviewer responsible for landscape architectural reviews for multi-unit subdivisions, homeowners’ association parcels, and single family residential. All plans are reviewed for compliance with the City’s Water Efficient Landscape Ordinance.
Ocean Trails Golf Course and Terranea Resort, City of Rancho Palos Verdes, CA. Plans reviewer and inspector responsible for review oversight of six ocean view trails; 18-hole golf course; clubhouse; and beach access trails originating atop 200-foot bluffs. For the Terranea Resort this includes 102-acres with hotels and vacation rentals. Both projects involved code and regulation compliance with the County of Los Angeles and California Coastal Commission. Other duties included construction inspections for the bluff top trails and beach access trails.
EDUCATION
BS, Landscape
Architecture, California
State Polytechnic
University, Pomona
European Study Tour,
California State
Polytechnic University,
Pomona
REGISTRATIONS /
CERTIFICATIONS
Landscape Architect,
California No. 3551
Licensed Contractor,
California No. 713613
17.J.
5 Bryan Nguyen, RLA
Senior andscape Architect
Bryan Nguyen has over 26 years of landscape architecture and graphic design experience.
Mr. Nguyen's experience includes the development of conceptual landscape plans with extensive graphic vignettes such as photographic before and after simulations; and the preparation of construction documents. Mr. Nguyen is proficient in AutoCAD, MicroStation, SketchUp Pro, LandFX, and Adobe Photoshop. Other duties include preparation of irrigation water and landscape management construction documents and performing third-party landscape plan reviews.
Relevant Project Experience
On-Call Plan Check and Engineering Services, Rancho Mission Viejo for County of Orange, CA. Responsible for plan review services to the County of Orange including subdivisions and infrastructure, public improvement plans, and water quality management plans. The services encompass: grading, drainage, geotechnical, streets, sewers, storm drains, street lighting, landscaping, building & safety reviews, planning conformance, water quality reports.
On-Call Landscape Architectural Plan Review, City of Elk Grove, CA. Plans reviewer responsible for reviewing all improvements within the public right of way and limited commercial projects adjacent to the right-of-way. For streetscape and commercial centers improvements, review sheets include medians and parkways, site amenities, irrigation, and planting plans; details; and technical specifications. Plans were reviewed for compliance with the City’s Water Efficient Landscape Ordinance.
On-Call Landscape Architectural Plan Review, City of Los Alamitos, CA. Plans reviewer and inspector responsible for review of all improvements within the public right-of-way and commercial, residential and industrial projects. For streetscape and commercial centers, improvement review sheets include medians and parkways, site amenities, irrigation, and planting plans; details; and technical specifications. Plans were reviewed for compliance with the City’s Water Efficient Landscape Ordinance.
On-Call Landscape Architectural Plan Review, City of Paramount, CA. Plans reviewer responsible for compliance with City codes and ordinances regarding landscape developments in the public right-of-way, subdivisions (homeowners’ association and special-district properties) and commercial/retail projects. Review sheets include slope plantings, medians and parkways, site amenities, irrigation, and planting plans; details; and technical specifications. Plans were reviewed for compliance with the City’s Water Efficient Landscape Ordinance.
Citywide Landscape Master Plan for Lakewood Water Capture Facility, City of Lakewood, CA. Responsible for the preparation of a citywide landscape master plan and detailed guidelines for the conversion of lawn areas in the medians, parkways (side panels) and street adjacent pocket parks (within the public right of way) to drought adaptive landscapes. This master plan is the result of the City’s desire to significantly lower the amount of water use in the ROW landscaping, and to assist in the relief of the current critical California drought condition. The major function of the master plan is to identify the landscape conversion areas and present various design theme concepts that can be applied to the various conditions for medians, side panels and pocket park lawn areas.
These concepts will assist in deciding which direction the City would like to implement in terms of prioritizing and budgeting.
EDUCATION
1993, BS, Landscape
Architecture, California
State Polytechnic
University, Pomona
Street Tree Seminars
REGISTRATIONS /
CERTIFICATIONS
2004, Landscape
Architect, California No.
4967
2022, Landscape
Architect, Arizona No.
75520
17.J.
6 Carlos A. Espinoza
Associate Landscape Architect
Carlos Espinoza has been involved in plan reviews of planting, irrigation, and hardscape construction documents for county and municipal entities, large commercial sites, and custom built residential. He prepares documents including site inventories documenting existing conditions. Carlos managed and executed planting selection, and coordinated with nurseries for plant availability, and allocation of planting material per availability. He observed the planting process to ensure accurate onsite installation per specifications. He coordinated with outside consultants on multiple aspects of projects, including structural engineers and civil engineers to ensure the timely completion of landscape projects. Carlos performed pre-construction and post-construction site visits to ensure that landscape plans, specifications and details are followed. He is proficient in ArcGIS 9.2, AutoCAD, MS Office Suite, Adobe Photoshop, and Sketch-Up software.
Relevant Project Experience
As Needed Landscape Architecture & Engineering Design Services, County of Los Angeles, CA. Responsible for providing in-house assistance at the County of Los Angeles Public Works Architectural Department for as-needed landscape architectural/engineering design services. Those services include preparation of feasibility studies, program development, project design, plan checking, graphic design, cost estimating and engineering design in support of landscape projects. In addition, other services included staff augmentation at the Alhambra office location and construction support. The duration of the as-needed contract is 3 years with a maximum not to exceed the fee of $1 million dollars.
Quality Control Inspection/Customer Service & On Call Landscape Special Projects, City of Yorba Linda, CA. Responsible for providing in-house assistance under the City's landscape department to help with the City's landscape maintenance district (LMD) day- to-day operations. Services include field visits and interaction with contractors and residents; plans reviewer; and construction management services for the renovations of landscape medians to drought adaptive planting material- citywide. Additionally, other services included the preparation of construction documents for the conversion of city medians to drought adaptive landscapes.
Analysis and Update and Inventory of LMD Assets, City of Santa Clarita, CA. Responsible for establishing and preparing a “living document” for each LMD zone which: Identifies, quantifies and rates the existing condition and remaining useful life of essential assets in each LMD zone; Analyzes the total funding reserve level necessary to replace essential assets over a 20-year life-cycle; Identifies the actual funds available to meet future asset replacement needs; and Identifies the annual reserve commitment at the 100 percent level to meet future asset replacement needs.
EDUCATION
Skills Certificates in
Landscape Irrigation
Science and Turf Grass
Management, Mt. San
Antonio College,
Walnut, CA
Skills Certificate in
Geographical
Information Computer
Systems (ArcGIS 9.2),
Mt. San Antonio
College, Walnut, CA
BS, Landscape
Architecture, California
Polytechnic University,
Pomona
AA, General Education,
Chaffey College, Rancho
Cucamonga, CA
REGISTRATIONS /
CERTIFICATIONS
Landscape Architect,
California No. 6534
17.J.
Proposal for On-Call Landscape
Plan Check Services
7 City of Hemet
Section III – Detailed Approach and Methodology
Project Approach
Willdan acknowledges and accepts the scope of work presented in the City’s request for proposal. The following scope of services below provides additional information for the plans reviewed and inspection services.
Willdan’s plan review process includes logging in plans, tracking, reviewing, and commenting on the plans. A letter is prepared that enumerates the plan check comments for inclusion with the redlined plans and documents. This letter is included for the first, second and third plan checks.
Preliminary Screen Check
Upon receipt of the plans from the City, Willdan will provide a screen check of the plan check submittal package. If the plan check package is missing critical plan check items (such as conditions of approval, reference reports, or reference plans), the applicant/City will be contacted, and the plan check will not begin. The turnaround time clock will not begin for the plan check until the requested materials are provided for review.
Incomplete submittals will be brought to the attention of City staff. Examples of incomplete submittals would include:
Landscape plans without a soils report, erosion control plans (if applicable), or conditions of approval 50-and 90-percent complete designs, or incomplete plans with line work and construction notes missing, blank sheets, or no associated reports or estimates
It is important that the submittal packages are complete and contain all the necessary reference materials. The City and applicant will be notified of the deficiencies in the submittal and checking will resume once the review submittal package is complete. If authorized by the City, the review will begin with the incomplete package.
First Plan Check
Once the submittal package for the first review is considered complete the plan checking will begin. This review will be for the entire landscape and irrigation plans set. In addition to reviewing compliance with the WELO, other items that will be checked include information on other design disciplines, i.e. civil, grading and drainage, which does not conflict with proposed improvements shown on other plan sets; and that dimensional information is consistent from sheet to sheet.
17.J.
Proposal for On-Call Landscape
Plan Check Services
8 City of Hemet
Second Plan Check
Resubmittal packages must be complete and contain revised plans and reports, previously marked-up plans and reports, and a written response memo responding to all comments in our review memo. Comments shown on the plans may be responded directly to the plans.
Willdan will provide a screen check of the 2nd plan check submittal package. If the plan check package is missing any of the requested items noted in the comment letter, the City or applicant will be contacted and the plan check will not start nor will the clock start ticking on the turnaround time for the plan check until all requested materials are provided. Examples of non-responsive re-submittals would include:
Plan set resubmitted that have not addressed the majority of comments provided on the previous check; and marked-up plans not re-submitted with the latest set of plans. Resubmitted plans check package without the requested reference materials or without responding in writing to the written comments provided in the review memo or on the plans.
Willdan will perform a back check of the first check comments and review any additional materials or improvement plans requested in the first check. Note, the 2nd review with the additional materials may generate additional comments. Willdan will complete the plan check and forward comments to the City.
Third and Fourth Plan Check (if necessary)
Resubmittal packages must be complete and contain revised plans and reports, previously marked-up plans and reports, and a written response memo responding to all comments in the review memo. Comments shown on the plans may be responded directly to the plans.
Willdan will provide a screen check of the plan check resubmittal package. If the plan check package is missing any of the items noted in the comment letter, the City will be contacted and the plan check will not commence nor will the clock start ticking on the turnaround time for the plan check until all requested materials are provided.
If a major redesign has occurred, Willdan will revise and coordinate the plan check effort estimate and schedule with the City before completing the plan check.
Final Plan Check
If, after the second, third or fourth plan check, the applicant has adequately addressed the previous plan check comments, Willdan will mark the plans “Recommend Acceptance” and date on the title sheet and forward the final plans and the reports to the City for “Recommend Acceptance”.
Turnaround Time for Plan Checking
Landscape review turnaround timeframes will vary with the complexity or extent of the project. A typical landscape project consisting of four to fifteen plan sheets that includes grading plans, soils report, water calculations, and schedule will generally follow the below-described plan review periods – assuming complete submittals and responsive revisions:
Willdan will complete the first review of drawings and related documents within ten (10) business days from the date that complete drawings and related documents arrive in our office, or electronically by email, except for projects of large size and/or complexity (as mutually agreed) which will have a period of performance negotiated with the City.
Willdan will complete the second review of drawings and related documents within six (6) business days.
Plans and documents for re-checking shall be submitted in response to the correction list by the applicant. Willdan will complete any subsequent re-checks of drawings and related documents within four (4) business days. Plans and documents for subsequent re-checking shall be submitted in response to the correction lists by the application.
In some cases, an expedited review may be requested by the City. When expedited reviews are requested, they will have priority treatment. The type and complexity of a project will determine the review time and will be
17.J.
Proposal for On-Call Landscape
Plan Check Services
9 City of Hemet
discussed on a case-by-case basis. The quality and completeness of the submittal package may also affect review time. Typically, the first plan review can be turned around within seven or less business days. Subsequent 2nd and 3rd plan reviews can be turned around within 3-5 business days.
Electronic Submittal of Documents
Willdan’s plan checking services can all be performed electronically via email. This allows for easy access along with timesaving reviews including mailings and unnecessary printing costs. We have collaborated with clients and developed and/or provided adaptation of technology to conduct electronic reviews of plans, or the digital transmittal of plan comments to clients or customers. The preferred format for plan checking is Adobe Acrobat PDF. This allows commenting onto the plans accompanied by a comments letter with further explanation(s) of the respective comment item.
Methodology
Project Management
We understand the City’s workload, deadlines, and constraints under which the City operates. To help facilitate the plan check assignments Willdan’s project manager, John Hidalgo, will be the City’s single point of contact. John will serve as project manager along with participating in other assignments such as assisting in plan reviews, inspections, and attending meetings with staff and development applicants. He will oversee all plan reviews provided for the City. John will be the City's contact on all matters and will handle all day-to-day activities and be responsible for assigning lead and supporting personnel to plan review tasks and for responding to questions regarding invoicing, scheduling, and review progress.
Customer Service Philosophy and Practices
Our Willdan staff understands that our approach to providing plan checking services can be quite different from those we provide for stand-alone projects. Success in working with on-call contracts is dependent on understanding a variety of elements that may be encountered, such as:
Short project durations and lead times
Project applicants request for speedy plan check
Available to respond to questions from City staff or the applicant Offering suggestions or solutions is resolving an applicant’s concerns Based on our experience, we know how to efficiently dovetail into a project schedule with a short lead time and assign appropriate staff. Our history of working with on-call contracts has well prepared our staff to respond to requests by the City in a positive and efficient manner. Willdan will manage all plan checks with a “can do” attitude towards time and cost-effective services. Our project management and coordination philosophy revolve around early communication with City staff and possibly the applicant, if necessary.
The most effective management tool we will use is open and documented communication, especially when there is a tight plan review deadline. John will make sure that the plan review requirements are clearly understood and reinforced through communications, such an email or phone call- to update plan review status.
Our strengths include:
Experience in checking plans and specifications for conformance to all relevant City standards, codes, and other related items.
Knowledge of pending regulations which may impact plan checking over the duration of the contract term.
Expertise in compiling clear, concise, and comprehensive comments on plans and specifications. Demonstrated ability in resolving disputes between parties in conflict over plan approval.
17.J.
ATTACHMENT “A”
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office.
Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your organization, or any agent on behalf of you or your organization, or any organization you direct or control made any political contributions of more than $500 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please complete the table on the following page. If needed, please continue on additional pages.
Officer Name Payee Name Payment Date Payment Amount
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2. Do you or your organization, or any agency on behalf of you or your organization, anticipate or plan to make any political contribution of more than $500 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please identify the City Officer(s):
Officer Name Payee Name Payment Date Payment Amount
Answering yes to either of the two questions above does not preclude the City from awarding a license, permit, or contract to your organization or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.
______________________________________________________________________ (Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity)
___________________________________
(Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered.
8/28/25 Tyrone Peter, Director of Engineering, Willdan Engineering
17.J.
6560 Van Buren Blvd, Suite E
Riverside, CA 92503-1542
Phone: 951.772.0007
www.willdan.com
17.J.
00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2026-025
17.J.
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and RHA Landscape Architects-Planners, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Landscape Plan Check Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through October 27, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for the professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing
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00092061.2
whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
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00092061.2
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement
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00092061.2
and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities
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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.
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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: RHA Landscape Architects-Planners, Inc.
Attn: Doug Grove
6840 Indiana Ave. Suite 100
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
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SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant to provide the following services to the satisfaction of the City:
1. Final Offsite Landscape Plan Check Services
2. Final Onsite Landscape Plan Check Services
3. Other services related to Landscape Plans and Landscape Services Plan check services will be based upon the following rates:
1. Final Offsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
2. Final Onsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
3. Other services will be based upon letter proposals provided to the City, or other agreed upon amount for services.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
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a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
VAN DYKE LANDSCAPE ARCHITECTS, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2026-023
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND VAN DYKE LANDSCAPE ARCHITECTS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Van Dyke Landscape Architects, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Landscape Plan Check Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through October 27, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for the professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing
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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement
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and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities
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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.
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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: Van Dyke Landscape Architects, Inc.
Attn: Yale Hooper
18581 Old Town Front St.
Temecula, CA 92590
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
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SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND VAN DYKE LANDSCAPE ARCHITECTS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant to provide the following services to the satisfaction of the City:
1. Final Offsite Landscape Plan Check Services
2. Final Onsite Landscape Plan Check Services
3. Other services related to Landscape Plans and Landscape Services Plan check services will be based upon the following rates:
1. Final Offsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
2. Final Onsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
3. Other services will be based upon letter proposals provided to the City, or other agreed upon amount for services.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
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a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
WILLDAN ENGINEERING
A CALIFORNIA CORPORATION
AGREEMENT # 2026-024
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND WILLDAN ENGINEERING
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Willdan Engineering, a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Landscape Plan Check Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through October 27, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for the professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing
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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement
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and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities
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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.
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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: Willdan Engineering
Attn: Tyrone Peter
650 E. Hospitality Ln, Suite 400
San Bernardino, CA 92408
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
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SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND WILLDAN ENGINEERING
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant to provide the following services to the satisfaction of the City:
1. Final Offsite Landscape Plan Check Services
2. Final Onsite Landscape Plan Check Services
3. Other services related to Landscape Plans and Landscape Services Plan check services will be based upon the following rates:
1. Final Offsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
2. Final Onsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
3. Other services will be based upon letter proposals provided to the City, or other agreed upon amount for services.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
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a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2026-025
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and RHA Landscape Architects-Planners, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Landscape Plan Check Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through October 27, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for the professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing
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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement
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and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities
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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.
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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: RHA Landscape Architects-Planners, Inc.
Attn: Doug Grove
6840 Indiana Ave. Suite 100
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
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SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant to provide the following services to the satisfaction of the City:
1. Final Offsite Landscape Plan Check Services
2. Final Onsite Landscape Plan Check Services
3. Other services related to Landscape Plans and Landscape Services Plan check services will be based upon the following rates:
1. Final Offsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
2. Final Onsite Landscape plan check fee is set at 80% of the fees collected by the City for three plan checks. Any plan checks that go beyond three will be billed by the consultant at an hourly rate, which is to be included in the fee schedule provided by the consultant.
3. Other services will be based upon letter proposals provided to the City, or other agreed upon amount for services.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
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a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
VAN DYKE LANDSCAPE ARCHITECTS, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2026-023
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE PLAN CHECK SERVICES
BETWEEN THE CITY OF HEMET AND VAN DYKE LANDSCAPE ARCHITECTS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Van Dyke Landscape Architects, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Landscape Plan Check Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through October 27, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for the professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing
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00092061.2
whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR