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HomeMy WebLinkAboutCity Advisors - On Call Planning Services - 2324-107 - Contract - signedCOU No. 2324-107 City Advisors – On Call Planning Services PAGE 1 OF 13 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 11th day of October, 2023 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and City Advisors, a limited liability company, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to providing on call planning services. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services when called upon and as needed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis, with a not to exceed of $40,000. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the COU No. 2324-107 City Advisors – On Call Planning Services PAGE 2 OF 13 fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 3 OF 13 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 $300,000 combined single limit per accident for bodily injury and property damage. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 4 OF 13 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 5 OF 13 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice for this project. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 6 OF 13 “Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services COU No. 2324-107 City Advisors – On Call Planning Services PAGE 7 OF 13 performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES All notices and any other communications permitted or required under this Agreement must be in writing and will be effective (a) immediately upon delivery in person or by facsimile, or upon delivery to the recipient if communicated by or attached to an email communication; (b) on the date of delivery, as evidenced by the records of the courier, if deposited with a nationally-recognized commercial courier for overnight delivery, provided delivery is made during regular business hours or receipt is acknowledged by a person reasonably believed by the delivering party to be employed by the recipient; or (c) on the date indicated on the return receipt, if deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid. All notices must be properly addressed and delivered to the parties at the addresses set forth below, or at such other addresses as either party may subsequently designate by written notice given in the manner provided in this section and a copy of all notices and other communications shall be delivered by email CITY OF UKIAH CITY ADVISORS COMMUNITY DEV. DEPARTMENT STEPHANIE TOMAINO, CEO 300 SEMINARY AVENUE 15 RASTRO STREET UKIAH, CALIFORNIA 95482-5400 RANCHO MISSION VIEJO, CA 92694 Email: cschlatter@cityofukiah.com Email: stephanie@city-advisors.com 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ Date PRINT NAME: _________________ __________________ IRS IDN Number 10/23/2023 88-3446179 Stephanie Tomaino COU No. 2324-107 City Advisors – On Call Planning Services PAGE 8 OF 13 CITY OF UKIAH BY: ____________________ SAGE SANGIACOMO Date CITY MANAGER ATTEST ____________________ CITY CLERK Date Dec 4, 2023 Kristine Lawler (Dec 4, 2023 15:36 PST) Kristine Lawler Dec 4, 2023 COU No. 2324-107 City Advisors – On Call Planning Services PAGE 9 OF 13 ATTACHMENT A OVERVIEW OF SERVICES: City Advisors focuses on providing reliable, affordable, and efficient contract planning services that are flexible and can be adapted to fit the City’s specific staffing needs and budgetary constraints. Because the bulk of the services are conducted remotely, the Contract Planner will be able to respond to applicants promptly, rather than limiting project work to in-office hours only. City Advisors offers a full complement of services including the following: Entitlement Management Coordinating interdepartmental staff reviews; evaluating projects for zoning and General Plan consistency; issuing Notice of Incompleteness letters; overseeing technical consultants; serving as the Point of Contact between the City and developers; preparing staff reports, conditions of approval, and resolutions; presenting to the Planning Commission and City Council at public hearings. Advanced/Long-Range Planning Zoning Code Text Amendments, Ordinance Development, Housing Element Program Implementation, Code Streamlining Initiatives, Objective Design Standards (Regulatory Text), Specific Plan Updates, CEQA Compliance, and Compliance with State Legislation Plan Checks and Ministerial Permits Assessing construction drawings for compliance with the Zoning Ordinance and other planning policies; issuing plan check corrections; reviewing revised plans per corrections; and maintaining administrative records and updating City’s permit software as appropriate. Focused Design Services Exhibits production and graphic design services requiring quick turnarounds, including but not limited to: public outreach exhibits, ODDS Manual diagrams and illustrative examples, and other visual exhibits. DETAILED WORK PLAN: City Advisors uses a collaborative and results-driven approach to project management. Clients can expect the assigned Consultant to provide regular updates on project statuses, communicate any roadblocks, and identify solutions. Additionally, as an experienced supervisor, the Consultant can operate independently with minimal disruptions to City staff, but also recognizes the need to elevate issues to staff and receive direction before proceeding with work. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 10 OF 13 Project work will be conducted primarily remotely. However, we are available to attend in-person staff meetings, public hearings, and other in-person requests as needed. Below is a detailed approach to how City Advisors manages our planning projects. CURRENT PLANNING: Entitlement Management The Contract Planner will oversee all aspects of the case processing, including but not limited to: reviewing development proposals for consistency with the Zoning Ordinance, General Plan, and other local regulations; routing applications to other City departments and divisions; consolidating comments from all departments and divisions into Notice of Incompleteness letters; communicating project statuses and City comments to applicants; coordinating meetings between applicants and City staff; processing and reviewing application resubmittals and revisions; working with City staff to schedule public hearings; requesting conditions of approval from other divisions; drafting public hearing notices, staff reports, resolutions, and conditions; finalizing agenda packets following review by staff; preparing PowerPoint presentations; and presenting projects and staff recommendations to approval bodies. The Contract Planner will also ensure all associated administrative tasks are completed, including: monitoring developer deposits, logging billable hours and project tasks, maintaining public records and correspondence in the City’s database, updating statuses in the City’s permit software, renaming files, and organizing project folders. The Contract Planner will proactively schedule initial trainings with staff to familiarize themself with the City's permits and planning software (including code enforcement files), records database (including historic building permits), developer deposit accounting software, shared network drive's commonly used folders and resources, digital project folders, and agenda software system (if any). The Contract Planner will maintain funds on developer deposit accounts by monitoring deposits prior to conducting work on any project milestones (i.e., requesting replenishments prior to reviewing resubmittal materials). As the Project Manager, it's our standard practice to request that applicants submit larger deposit amounts based on the anticipated staff hours needed over the lifespan of an application process, and to set a $1,000 threshold for replenishments, rather than waiting for negative balances to occur. The Contract Planner will also seek to introduce themself to other reviewers, both inside and outside of city staff. The Contract Planner will establish relationships with reviewers such as building, public works development engineering, OCFA liaison, traffic, code enforcement, landscape consultant, and technical reviewers (i.e., WQMP, hydrology, etc.). Plan Checks and Ministerial Permits The assigned Contract Planner may conduct zoning compliance reviews of building permit plans, including, but not limited to: architectural site plans, elevations, technical reports, landscape plans, grading plans, signs, and other documentation routinely submitted to the Planning Division. City Advisors has specialized experience reviewing City Advisors – On Call Planning Services PAGE 11 OF 13 COU No. 2324-107 plans for ADUs/JADUs, and wireless facility modifications. Plans will be reviewed for consistency and substantial compliance with the City of Ukiah Zoning Ordinance, applicable conditions of approval tied to associated entitlement permits, and other applicable policies and regulations. The Project Manager would serve as the point of contact coordinating the intake of application submissions, assigning permits to City Advisors’ support staff, uploading plan check corrections to the City’s permits software, and updating statuses in the City’s permit software. The Project Manager would also provide quality assurance supervision to ensure review deadlines are met and inquiries from applicants are responded to in a timely fashion. LONG-RANGE PLANNING: The Contract Planner will work with the supervisor to refine the project-specific scope of work, identify City needs, and understand the Planning Division’s expectations and goals of the ordinance. The Contract Planner’s responsibilities will include: reviewing the current Zoning Ordinance and local regulations; reviewing current State legislation; reviewing current implementation methods and staff interpretations; researching regulations from other surrounding cities; discussing challenges and opportunities for improvement with staff; discussing conceptual changes with staff; preparing detailed Zoning Ordinance amendments in track-changes; preparing summary tables; presenting changes in a consolidated format; holding regular check-ins with staff; identifying areas where policy direction is needed from staff, Commission, and/or City Council; conducting study sessions on items needing further discussion; preparing environmental documentation for CEQA compliance; working with staff to schedule public meetings; drafting public hearing notices, staff reports, resolutions, and attachments; finalizing agenda packets following review by staff; preparing PowerPoint presentations; attending public meetings; presenting to approval bodies; and participating in any implementation tasks as directed by the Contract Supervisor, such as creating handouts, assisting with website updates, and presenting to in-house planning staff. As part of the kickoff process, the Contract Planner will work with staff to develop a project-specific scope of work and schedule. Based on these discussions, the Contract Planner will recommend an overall project roadmap with milestone dates, and determine the number of hours anticipated to complete the work program. The Contract Planner will establish bi-weekly check-in meetings with staff to review progress, discuss any blockers, and receive direction and clarification from staff as-needed. The Contract Planner wishes to utilize the City’s limited resources efficiently by ensuring that meetings are productive, conclude on-time, and all parties leave the meeting with clear actionable items. Agendas for the check-in meetings will be set by the Contract Planner so that City staff may focus on providing high-level guidance and direction on the work program. Focused Design Services COU No. 2324-107 City Advisors – On Call Planning Services PAGE 12 OF 13 City Advisors’ support staff is available to assist with producing graphics, exhibits, and illustrations for any planning documents. This service is offered to existing clients needing quick and affordable design services to augment larger planning efforts. COU No. 2324-107 City Advisors – On Call Planning Services PAGE 13 OF 13 ATTACHMENT B RATE SCHEDULE: Hours will vary per week depending on the individual project needs and schedules. Invoices will be submitted to the Contract Supervisor(s) at the beginning of each month with a detailed list of services rendered and number of hours associated with each task. Billing rates assume that the majority of project work will be completed remotely. As the assigned Project Planner, Stephanie Tomaino operates at the ‘Principal Planner’ rate. Subcontractors Joshua Montemayor and Alexsundra Captan contribute at the ‘Senior Planner’ rate under City Advisors. Stephanie oversees the team in a limited role, ensuring quality assurance, billed at the ‘Managing Principal’ rate. October 1, 2023 through June 30, 2024 Position Billing Rate Managing Principal $140.00/hour Principal Planner $130.00/hour Senior Planner $115.00/hour July 1, 2024 through June 30, 2025 Position Billing Rate Managing Principal $145.00/hour Principal Planner $135.00/hour Senior Planner $120.00/hour CONTACT INFORMATION: Website: www.city-advisors.com Email: stephanie@city-advisors.com Phone: (949) 485-1960 Location: Rancho Mission Viejo, CA