HomeMy WebLinkAbout2011-05-24 City Council Item No. 09CITY OF
LAKE c- LSIAO
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MAY 24, 2011
SUBJECT: PLANNING DIVISION PROFESSIONAL SERVICES AGREEMENT
Background
The City of Lake Elsinore utilizes contract personnel to assist in the performance and
provision of specialized planning duties in the Community Development Department.
Currently, contract planning staff manages many pending projects, including
annexations, zone changes, specific and General Plan amendments,
commercial/industrial design review, large subdivisions, conditional use permits, minor
design reviews, and CEQA/MSHCP review.
Last month, City Manager Bob Brady retained the services of Richard MacHott to
provide contract planning services on an interim basis to assist with the environmental
documentation for the General Plan update and provide general services due to a
recent vacancy in the Planning Division. The City Manager and the Community
Development Department now seek authorization to retain Mr. MacHott's services for a
longer term.
Discussion
The Community Development Department is finalizing the General Plan update and the
associated Environmental Impact Report (EIR), as well as other entitlement projects.
Due to the scope of these projects, City staff recommends retaining the services of
Richard MacHott of The Altum Group beyond the current short-term interim basis. Mr.
MacHott brings many years of CEQA and land-use entitlement experience as well as
experience working within southwest Riverside County.
AGENDA ITEM NO. 9
Page 1
Planning Division Professional Services Agreement
May 24, 2011
Page 2
The Altum Group proposes to provide professional services at a rate of $67.50 per hour
which is consistent with the rates paid to other contract staff currently utilized by the
Planning Division.
Fiscal Impact
The proposed professional services will be funded primarily through the currently
budgeted General Plan fund and, as appropriate, through the existing Community
Development Department budget and Cost Recovery System. Accordingly, no
additional budget authorization is requested at this time.
Recommendation
It is recommended that the City Council authorize the City Manager to enter into a
Professional Services Agreement for a term through December 31, 2011 in a form
substantially similar to the current interim basis form attached hereto, subject to any
minor modifications as may be approved by the City Attorney.
Prepared by: Justin Carlson V,4 for -Tt
Redevelopment Agency Analyst
Approved by: Robert A. Brady (j
City Manager 1~"`~
Attachments
1. Current interim basis Professional Services Agreement.
Page 2
SHORT FORM OF AGREEMENT
BETWEEN CITY AND CONSULTANT
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of APRIL 28, 2011 ("Effective Date') between
CITY OF LAKE ELSINORE ("City')
and THE ALTUM GROUP ("Consultenf)
Consultant agrees to provide the services described below to City for PLANNING SERVICES ("Project"
Description of Consultant's
Services: PLANNING SERVICES DESCRIBED BELOW WILL BE PROVIDED BY
BY RICHARD I. MACHOTT AT A RATE OF $67.50 PER HOUR AND $0.51 PER MILE OR PREVAILING
STANDARD MILEAGE REIMBURSEMENT RATE (FOR MILEAGE INCURRED ON CITY BUSINESS)
WHICHEVER IS HIGHER. HOURS ARE PROVIDED AS NECESSARY TO CARRY OUT PROJECT LOADS
CONTINGENT UPON APPROVAL OF THE DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES
INCLUDE BUT ARE NOT LIMITED TO: MANAGEMENT OF A VARIETY OF LAND USE PROJECTS;
MEETINGS WITH APPLICANT, CITY STAFF, PLANNING COMMISSION AND CITY COUNCIL, COORD. WITH
ALL CITY DIVISIONS, OUTSIDE AGENCIES, CEQA AND MSHCP SPECIALISTS; DOCUMENTATION OF ALL
CORRESPONDENCE, EXHIBITS AND DOCUMENTS. PAYMENT PROCESSING WILL BEGIN UPON
PRESENTATION OFT1MESHEET (FORMAT PROVIDED AND APPROVED BY THE CITY) AND INVOICE FOR
SERVICES RENDERED,
City and Consultant further agree as follows:
1.01 Basic Agreement
A. Consultant shall provide, or cause to be
provided, the services sot forth in this Agreoment, and
City shall pay Consultant for such Services as set forth in
Paragraph 9.01.
2.01 Payment Procedures
A. Preparation of Invoices. Consultant will
prepare a monthly invoice in accordance with
Consultant's standard invoicing practices and submit the
invoice to City.
B. Paynrenr of Invoices. Invoices are due and
payable within 30 days of receipt, N City fails to matte
any payment due Consultant for services and expenses
within 30 60 days after receipt of Consultant's invoice,
the amounts due Consultant will be increased at the rate
of I.00A per month (or the maximum rate of interest
permitted by law, if less) from said AhtieA sixtieth day.
In addition, Consultant may, without liability, after giving
seven days written notice to City, suspend services under
this Agreement until Consultant has been paid is full all
amounts due for services, expenses, and other related
charges. Payments will be credited first to interest and
then to principal.
3.01 Additional Services
A. If authorized by City, or if required because of
changes in the Project, Consultant shall famish services in
addition to those set forth above.
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B. City shall pay Consultant for such additional
services as follows: For additional services of
Consultant's employees engaged directly on the Project
an amount equal to the cumulative hours charged to the
Project by each class of Consultant's employees times
standard hourly rates for each applicable billing class;
plus reimbursable expenses and Consultant's consultants'
charges, if any.
4.01 Termination
A. The obligation to provide further services under
this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written
notice in the event of substantial failure by the
other party to perform in accordance with the
Agreement's terms through no fault of the
terminating party.
b. By Consultant:
1) upon seven days written notice
if Consultant believes that Consultant is
being requested by City to firmish or
perfonn services contrary to Consultant's
responsibilities as a Gconsad professional;
or
2) upon seven days written notice
if the Consultant's services for the Project
are delayed or suspended for mom than
90 days for reasons beyond Consultant's
control.
3) Consultant shall have no
liability to City on account of such
termination.
c. Notwithstanding the foregoingt this
Agreement will not terminate as a result of a
substantial failure wider paragraph 4.0I.A.I.a
if the party receiving such notice begins, within
seven days of receipt of such notice, to correct
its failure and proceeds diligently to curs such
failure within no more than 30 days of receipt
of notice; provided, however, that if and to the
extent such substantial failure cannot be
reasonably clued within such 30 day period,
and if such patty has diligently attempted to
cure the same and thereafter continues
diligently to care the same. theft the care period
provided for herein shall extend up to, but in
no case more than, 60 days after the date of
receipt of the notice.
2. For convenience, by City effective upon the
receipt of notice by Consultant
B. The terminating party under paragraphs
4.01.A.1 or 4.01.A.2 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Consultant to demobilize personnel and
equipment from the Project site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
5.01 Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.01 Successors, Assigns, and Beneficiaries
A. City and Consultant each is hereby bound and
the partners, successors, executors, administrators, and
legal representatives of City and Consultant (and to the
extent permitted by paragraph 6.01.13 the assigns of City
and Consultant) are hereby bound to the other party to this
Agreement and to die partners, successors, executors,
administrators, and legal representatives (and said
assigns) of such other party, in respect of all covenants,
agreements, and obligations of this Agreement
B. Neither City nor Consultant may assign, sublet,
or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting,
or transfer is mandated or restricted by law, Unless
specifically stated to the contrary in any written consent
to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under this
Agreement,
7.01 General Considerations
A.. The standard of care for all professional
engineering and related services performed or famished
by Consultant under this Agreement will be the care and
skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time
and in the same locality. Consultant makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with Consultant's services. Consultant and its
consultants may use or rely upon the design services of
others, including, but not limited to, contractors,
manufacturers, and suppliers.
B. Consultant shall not at any time supervise,
direct, or have control over any contractor's work, nor
shall Consultant have authority over or responsibility for
the means, methods, techniques, sequences, or procedures
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Page 4
of construction selected or used by any contractor, for
safety precautions and programs incident to a contractor's
work progress, nor for any failure of any contractor to
comply with laws and regulations applicable to
contractor's work.
C. Consultant neither guarantees the perfarmance
of any contractor nor assumes responsibility for any
contractor's failure to furnish and perform its work in
accordance with the contract between City and such
contractor.
D. Consultant shall not be responsible for the acts
or omissions of any contractor, subcontractor, or.supplier,
or of any contractor's agents or employees or any other
persons (except Consultant's own employees) at the
Project site or otherwise furnishing or performing any of
construction work; or for any decision made on
interpretations or clarifications of the construction
contract given by City without consultation and advice of
Consultant.
E. The general conditions for any construction
contract documents prepared hereunder am to be the
"Standard General Conditions of the Construction
Contract as prepared by the Engineers Joint Contract
Documents Committee (No. C-700,2002 Edition).
F. All design documents prepared or famished by
Consultant are instruments of service, and Consultant
retains an ownership and property interest (including the
copyright and the right of reuse) in such documents,
whether or not the Project is completed.
G. To the fullest extent permitted by law, City and
Consultant (I) waive against each other, and the other's
employees, officers, directors, agents, insurers, partners,
and consultants, any and all clahns for or entitlement to
special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to the
Project, and (2) agree that Consultant's total liability to
City under this Agreement shall be limited to $34900
$25,000 or the total amount of compensation received by
Consultant, whichever is greater.
H. The parties acknowledge that Consultaot's
scope of services does not include any services related to
a Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or
waste, and radioactive materials). If Consultant or any
other party encounters a Hazardous Environmental
Condition, Consultant may, at its option and without
liability for consequential or arty other damages, suspend
performance of services on the portion of the Project
affected thereby until City: (i) retains appropriate
specialist consultants or contractors to identify and, as
appropriate, abate, remadiate, or remove the Hazardous
Environmental Condition; and (ii) warrants that the Site is
in full compliance with applicable Laws and Regulations.
5.01 Total Agreement
A. This Agreement (consisting of pages 1 to 4
inclusive together with any expressly incorporated
appendix), constitutes the entire agreement between City
and Consultant and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemonted; modified, or canceled by a duly executed
written instrument
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Page 5
9.01 Payment (L*mpSma4k4s)
A. Using the procedures set forth in paragmph 2.01, City shall pay Consultant as follows:
1. A Lump Sum amount of $
2. A Time and Materials amount of $ 67.50/hour incl. (Section Added)
mileage
Should the time te oempleto seastFustien he amended beyand this pefied, total eempeassfien to Genquitant shall be
IN WITNESS WHEREOF, the parties hereto have executed this Agreement' the Effective Date of which is indicated on
page 1.
CITY:
By:
Title: CI%7 /~~"~~lrG~~
Date Signed: April 28, 2011
CONSULTANT:
By: 3. Q. "I-
Doug Franklin, P.E.
Title: Vice President
Date Signed: April 27, 2011
License or Certificate No. and State C6I887
Address for giving notices:
Address for giving notices:
73-255 El Paseo Drive, Suite 15
Palm Desert, CA 92260
760.346A750 Tel 760.340.0089 Fax
9.02 Rate and Mileage (Section Added)
A. A rate of $67.50 per hour and $0.51 per mile or prevailing standard mileage reimbursement rate (for mileage
incurred on City Business).
9.03 Contract Revisions (Section Added)
A. All references to "Owner" and "Engineer" in standard Short Form of Agreement have been changed to "City" and
"Consultant", respectively.
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Page 6
ACORD. CERTIFICATE OF LIABILITY INSURANCE
INDUM"
01/14 ° /2011
01/14
2071
PRODUCER - 760-341-3477
Ascend Insurance Agency
36917 Cook Street Ste 101
Palm Desert, CA 92211
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURERw CNA Insurance Company
20494
The Altum Group
INSURERS: Titan Insurance
13242
73-255 El Paseo Drive, Ste 15
INSURERC: Southern Insurance Com an
28916
Palm Desert, CA 92260
msuRERD•. Lio d's of London
AA-1120098
INSURERE:
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ANY R
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* 10 Day Notice of Cancellation for non-payment of premium*
SHOULD AMY OF THE ABOVE DESCRIBED POIJO EB BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER MIJ. ENDEAVOR TO MAIL _ 10 DAYS WRITTEN
NOTICE TO THE CERNRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
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Page 7
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(iss) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Page 8