Loading...
HomeMy WebLinkAbout2011-11-08 City Council Agenda Item No. 06 CITY OF • LAKE 5 LSJNO R E K `�� D REAM EXTREME,, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 8, 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 manage a variety of projects that include annexations, zone changes, specific and General Plan amendments, commercial /industrial design review, large subdivisions, conditional use permits, minor design reviews, California Environmental Quality Act (CEQA)/Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) review, and the General Plan update and associated Environmental Impact Report (EIR). In May 2011, the City retained the services of Richard MacHott of The Altum Group to provide contract services on an interim basis to assist with the General Plan update and related EIR as well as other Community Development Department project services. The City Manager is now seeking authorization to retain Mr. MacHott's services until the end of the 2011 -2012 fiscal year. Discussion The Community Development Department is finalizing the General Plan update and associated EIR, as well as other entitlement projects. Due to the scope of the projects, the City Manager recommends retaining the services of Mr. MacHott beyond the current contract timeframe that expires on December 31, 2011. Mr. MacHott brings many years of environmental and land use entitlement experience, as well as experience working within southwest Riverside County. 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. AGENDA ITEM NO. 6 Page 1 of 7 Professional Planning Service Contract November 8, 2011 Page 2 Fiscal Impact The proposed professional services will be funded primarily through the General Plan update fund until the General Plan is adopted. Following update of the General Plan, the services will be funded through the existing Community Development Department budget and Cost Recovery System (CRS). The CRS is designed to be approximately 90% billable through the developer deposit. Contract staff does not maintain assigned public counter and telephone duties, which are non - billable and maintained by non- contract City planning staff. Recommendation It is recommended that the City Council authorize the City Manager to enter into the attached professional services contract with Richard MacHott of the The Altum Group for a term ending on June 30, 2012, subject to minor modifications as may be approved by the City Attorney. Prepared by: Warren Morelion, AICP" Planning Manager Approved by: Robert A. Brad City Manager Attachments Professional Services Contract Page 2of7 SHORT FORM OF AGREEMENT BETWEEN CITY AND CONSULTANT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of NOVEMBER 8, 2011 ( "Effective Date ") between CITY OF LAKE ELSINORE ( "City") and THE ALTUM GROUP ( "Consultant ") 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 RICHARD J. MACHOTT AT A RATE OF $67.50 PER HOUR AND $0.555 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 CITY MANAGER OR THE DIRECTOR OF COMMUNITY DEVELOPMENT. SERVICES INCLUDE BUT ARE NOT LIMITED TO: MANAGEMENT OF A VARIETY OF LAND USE PROJECTS; MEETINGS WITH PROJECT APPLICANTS, CITY STAFF, PLANNING COMMISSION AND CITY COUNCIL; COORDINATION WITH ALL CITY DIVISIONS AND OUTSIDE AGENCIES; CEQA AND MSHCP REVIEW; DOCUMENTATION OF ALL CASE FILE CORRESPONDENCE, EXHIBITS AND DOCUMENTS. PAYMENT PROCESSING WILL BEGIN UPON PRESENTATION OF TIMESHEET (FORMAT PROVIDED AND APPROVED BY THE CITY), AND INVOICE FOR SERVICES RENDERED. City and Consultant further agree as follows: within 30 60 days after receipt of Consultant's invoice, 1.01 Basic Agreement the amounts due Consultant will be increased at the rate of 1.0% per month (or the maximum rate of interest A. Consultant shall provide, or cause to be permitted by law, if less) from said thirtieth sixtieth day. provided, the services set forth in this Agreement, and In addition, Consultant may, without liability, after giving City shall pay Consultant for such Services as set forth in seven days written notice to City, suspend services under Paragraph 9.01. this Agreement until Consultant has been paid in full all amounts due for services, expenses, and other related 2.01 Payment Procedures charges. Payments will be credited first to interest and then to principal. A. Preparation of Invoices. Consultant will prepare a monthly invoice in accordance with Consultant's standard invoicing practices and submit the 3.01 Additional Services invoice to City. A. If authorized in writing by the City Manager, Of B. Payment of Invoices. Invoices are due and ' _ _ . ' _ . . _ _ .. _ . • - : ' :' : _ , Consultant payable within 30 days of receipt. If City fails to make shall furnish services in addition to those set forth above. any payment due Consultant for services and expenses 1of5 Page 3of7 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. City shall pay Consultant for such additional 2. For convenience, by City effective upon the services as follows: For additional services of receipt of notice by Consultant. Consultant's employees engaged directly on the Project an amount equal to the cumulative hours charged to the B. The terminating party under paragraphs Project by each class of Consultant's employees times 4.01.A.1 or 4.01.A.2 may set the effective date of standard hourly rates for each applicable billing class; termination at a time up to 30 days later than otherwise plus reimbursable expenses and Consultant's consultants' provided to allow Consultant to demobilize personnel and charges, if any. equipment from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the 4.01 Termination status of completed and uncompleted tasks, and to assemble Project materials in orderly files. A. The obligation to provide further services under this Agreement may be terminated: C. Unless earlier terminated in accordance with the provisions hereof or extended by written amendment 1. For cause, pursuant to Section 7.01 M, this Agreement shall expire June 30, 2012. a. By either party upon 30 days written notice in the event of substantial failure by the 5.01 Controlling Law other party to perform in accordance with the Agreement's terms through no fault of the A. This Agreement is to be governed by the law of terminating party. the state in which the Project is located. b. By Consultant: 6.01 Successors, Assigns, and Beneficiaries 1) upon seven days written notice A. City and Consultant each is hereby bound and if Consultant believes that Consultant is the partners, successors, executors, administrators, and being requested by City to furnish or legal representatives of City and Consultant (and to the perform services contrary to Consultant's extent permitted by paragraph 6.01.B the assigns of City responsibilities as a licensed professional; and Consultant) are hereby bound to the other party to this or Agreement and to the partners, successors, executors, administrators, and legal representatives (and said 2) upon seven days written notice assigns) of such other party, in respect of all covenants, if the Consultant's services for the Project agreements, and obligations of this Agreement. are delayed or suspended for more than 90 days for reasons beyond Consultant's B. Neither City nor Consultant may assign, sublet, control. or transfer any rights under or interest (including, but without limitation, moneys that are due or may become 3) Consultant shall have no due) in this Agreement without the written consent of the liability to City on account of such other, except to the extent that any assignment, subletting, termination. or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent c. Notwithstanding the foregoing, this to an assignment, no assignment will release or discharge Agreement will not terminate as a result of a the assignor from any duty or responsibility under this substantial failure under paragraph 4.01.A.1.a Agreement. if the party receiving such notice begins, within seven days of receipt of such notice, to correct 7.01 General Considerations its failure and proceeds diligently to cure such failure within no more than 30 days of receipt A. Consultant represents and warrants to City that of notice; provided, however, that if and to the it has and shall maintain at all times during the term of extent such substantial failure cannot be this Agreement the licenses, permits, qualifications, reasonably cured within such 30 day period, insurance and approvals which are legally required of and if such party has diligently attempted to Consultant to perform the services hereunder. City has cure the same and thereafter continues relied upon the professional training and ability of diligently to cure the same, then the cure period Consultant to perform the services hereunder as a material provided for herein shall extend up to, but in inducement to enter into this Agreement. The standard of no case more than, 60 days after the date of care for all professional services receipt of the notice. performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by 2of5 Page4of EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. members of the subject profession practicing under employees, officers, directors, agents, insurers, partners, similar circumstances at the same time and in the same and consultants, any and all claims for or entitlement to locality. Consultant makes no warranties, express or special, incidental, indirect, or consequential damages • C0 , = - - ' ' - • - • 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 $50,000 • • • ' - •• $25,000 or the total amount of compensation received by a T Consultant, whichever is greater. B. Consultant shall not at any time supervise, H. The parties acknowledge that Consultant's direct, or have control over any contractor's work, nor scope of services does not include any services related to shall Consultant have authority over or responsibility for a Hazardous Environmental Condition (the presence of the means, methods, techniques, sequences, or procedures asbestos, PCBs, petroleum, hazardous substances or of construction selected or used by any contractor, for waste, and radioactive materials). If Consultant or any safety precautions and programs incident to a contractor's other party encounters a Hazardous Environmental work progress, nor for any failure of any contractor to Condition, Consultant may, at its option and without comply with laws and regulations applicable to liability for consequential or any other damages, suspend contractor's work. performance of services on the portion of the Project affected thereby until City: (i) retains appropriate C. Consultant neither guarantees the performance specialist consultants or contractors to identify and, as of any contractor nor assumes responsibility for any appropriate, abate, remediate, or remove the Hazardous contractor's failure to furnish and perform its work in Environmental Condition; and (ii) warrants that the Site is accordance with the contract between City and such in full compliance with applicable Laws and Regulations. contractor. I. City and Consultant agree that in the D. Consultant shall not be responsible for the acts performance of the services under this Agreement or omissions of any contractor, subcontractor, or supplier, Consultant is an independent contractor and shall not act or of any contractor's agents or employees or any other as an agent or employee of the City. Consultant shall persons (except Consultant's own employees) at the obtain no rights to retirement benefits or other benefits Project site or otherwise furnishing or performing any of which accrue to City's employees, and Consultant hereby construction work; or for any decision made on expressly waives any claim it may have to any such interpretations or clarifications of the construction rights. contract given by City without consultation and advice of Consultant. J. Consultant (including principals, associates and professional employees) covenants and represents that it E. The general conditions for any construction does not now have any investment or interest in real contract documents prepared hereunder are to be the property and shall not acquire any interest, direct or "Standard General Conditions of the Construction indirect, in the area covered by this Agreement or any Contract as prepared by the Engineers Joint Contract other source of income, interest in real property or Documents Committee (No. C -700, 2002 Edition). investment which would be affected in any manner or degree by the performance of Consultant's services F. All design documents prepared or furnished by hereunder. Consultant are instruments of service, and Consultant retains an ownership and property interest (including the K. At Consultant's own cost and expense, copyright and the right of reuse) in such documents, Consultant has procured and shall maintain for the whether or not the Project is completed. All other plans, duration of this Agreement general liability, automobile studies, documents and other writings prepared by and for liability, workers' compensation and professional liability Consultant in the course of implementing this Agreement insurance coverage as required by the City and as set forth shall become the property of the City upon payment to in the attached certificate of insurance. Current Consultant for such work, and the City shall have the sole certification of insurance shall be kept on file with the right to use such materials in its discretion without further City at all times during the term of this Agreement. compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such L. This Agreement may be modified or amended reports, plans, studies, documents and other writings to only by a written document executed by both Consultant City upon written request. and City and approved as to form by the City Attorney. G. To the fullest extent permitted by law, City and Consultant (1) waive against each other, and the other's 3 of 5 Page 5 of 7 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 8.01 Total Agreement A. This Agreement (consisting of pages 1 to 5 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, supplemented, modified, or canceled by a duly executed written instrument. 4 of 5 Page 6 of 7 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.01 Payment (pis) A. Using the procedures set forth in paragraph 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 9.02 Rate and Mileage (Section Added) A. A rate of $67.50 per hour and $0.555 per mile or prevailing standard mileage reimbursement rate (for mileage incurred on City Business). Consultant shall not be compensated or reimbursed for mileage for commuting to /from Consultant's office or home to City Hall. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. CITY: CONSULTANT: By: B Doug Franklin, P.E. Title: Title: Vice President Date Signed: Date Signed: License or Certificate No. and State C61887 Address for giving notices: Address for giving notices: City Manager, City of Lake Elsinore 73 -255 El Paseo Drive, Suite 15 130 South Main Street Palm Desert, CA 92260 Lake Elsinore, CA 92530 760.346.4750 Tel 760.340.0089 Fax (951) 674 -3124 Tel. (951) 674 -2392 Fax 5 of 5 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 7 Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.