Meeting Date: 1 December 2009
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare an Initial Study for the Golden Bough Theatre remodel project in an amount not to exceed $11,627.
Description: The Golden Bough Theatre has proposed a project to expand its existing building. Staff has determined that the project is not exempt from the California Environmental Quality Act (CEQA). RBF Consulting will prepare an Initial Study in accordance with CEQA for the project.
Overall Cost:
City Funds: $11,627 from Fund 50-24050-0422.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: Projects that are not exempt from CEQA require environmental review to determine if potentially significant impacts may result from the project. If no significant impacts are identified, a Negative Declaration or Mitigated Negative Declaration may be adopted. If significant impacts are identified that cannot be mitigated, an Environmental Impact Report would be required.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH RBF CONSULTING TO PREPARE AN INITIAL STUDY FOR THE GOLDEN BOUGH THEATRE REMODEL PROJECT IN AN AMOUNT NOT TO EXCEED $11,627
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its community character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the environmental resources of the City; and
WHEREAS, the Golden Bough Theatre project is not exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, RBF Consulting submitted a proposal to prepare and Initial Study for the Golden Bough Theatre project in accordance with CEQA.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
1. Authorize the City Administrator to execute a contract with RBF Consulting based on the attached scope of work. Funds for this contract will be paid from Fund 50-24050-0422.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of December 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: SIGNED,
_____________________ ________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this ___ day of ______ 2009 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and RBF Consulting, a California Corporation hereinafter referred to as the “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Attachment “A” hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of care and performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services in the amount not to exceed $11,627 (includes a 10% contingency). Such amount shall constitute full and complete payment by City under this Agreement.
Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested.
Payment for work shall be made by City within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with generally accepted professional standards of care and performance.
D. The City will compensate Consultant for actual out-of-pocket expenses incurred by Consultant in connection with services performed in accordance with the following schedule:
Incurred Expenses – by an amount equal to actual incurred expenses
Automobile Mileage – at the current rate allowed by the Internal Revenue Service
Photocopies – at the rate of $0.10 per page for each document copy in excess of ten (10) document copies or as specified in the attached scope of work and budget.
Incurred expenses include, but are not limited to, authorized travel by common carrier, long-distance telephone calls, and other similar expenses. Incurred expenses do not include normal overhead expenses.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures,
photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in the City. Use of such documents by City for project (s) not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Attachment “A”, and shall coordinate all communications with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained in the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party.
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any of its subconsultants will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents, and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the same.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under the Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code
section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request Consultant to render additional professional services beyond the original Scope of Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing,
time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
City Consultant
City of Carmel-by-the-Sea RBF Consulting
PO Drawer G 3180 Imjin Parkway, Ste 110
Carmel, CA 93921 Marina, CA 93933
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first aove written.
CITY OF CARMEL-BY-THE-SEA, RBF CONSULTING
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen, Bill Wiseman
City Administrator Vice President
Showing posts with label Consultant Services Agreement. Show all posts
Showing posts with label Consultant Services Agreement. Show all posts
Saturday, December 5, 2009
Sunday, October 4, 2009
CITY COUNCIL: Resolution Amending Consultant Services Agreement with Pacific Municipal Consultants (PMC) for Carmel Sands Lodge Redevelopment Project
Meeting Date: 6 October 2009
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to amend the Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare an Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment project in the additional amount of $18,524.
Description: On September 9, 2008, the City authorized a contract with PMC in an amount not to exceed $23,000 to prepare an Initial Study for the Carmel Sands redevelopment project, in accordance with the California Environmental Quality Act (CEQA). Since then, the project applicant revised the project description, necessitating a new Initial Study and an additional $18,524. Although the City hires the consultant to perform the analysis, the applicant pays for the contract, so no City funds are required as part of this contract. The City Attorney reviewed the original contract.
Overall Cost:
City Funds: N/A, since applicant pays for the contract.
Funds are deposited into Account #50-24050-2375.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: CMC Section 17.60 establishes the City’s standards for complying with CEQA. The proposed contract complies with these standards.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO AMEND A CONSULTANT SERVICES AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS (PMC) TO PREPARE AN INITIAL STUDY AND SUBSEQUENT ENVIRONMENTAL DOCUMENTS FOR THE CARMEL SANDS LODGE REDEVELOPMENT PROJECT IN THE ADDITIONAL AMOUNT OF $18,524
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on
its unique character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and
WHEREAS, the property owners of the Carmel Sands Lodge propose to redevelop the
site; and
WHEREAS, the City Council adopted a Resolution authorizing the City Administrator to
execute a consulting services agreement with PMC in an amount not to exceed $23,000 on September 9, 2008, for the preparation of an Initial Study and subsequent environmental documents in conformance with CEQA; and
WHEREAS, the applicant has since revised the project description, requiring a new
Initial Study and an additional $18,524; and
WHEREAS, the City received the attached proposal from PMC for the environmental
review.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to amend a contract with Pacific Municipal Consultants in the additional amount of $18,524 and place deposited funds into Account #50-24050-2375.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of October, 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND PACIFIC MUNICIPAL CONSULTANTS
EXECUTED ON 9 SEPTEMBER 2008
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services in an amount not to exceed $23,000 $41,524 (includes a 10% contingency). Such amount shall constitute full and complete payment by City under this Agreement. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
CITY OF CARMEL-BY-THE-SEA, PACIFIC MUNICIPAL CONSULTANTS
CALIFORNIA
By: By:
__________________________ _________________________
Rich Guillen, Date Philip O. Carter Date
City Administrator President
SCOPE OF SERVICES
PMC has prepared this scope of work and budget proposal for a revised Initial Study (IS) for the demolition and redevelopment of the Carmel Sands Motel, as requested by the City. We understand the project will include the demolition of the existing 42-guest room hotel and 120-seat restaurant, and replacement with a new boutique hotel including 42 rooms, a small bar and lounge, a day spa, expanded conference facilities, and underground parking with approximately 76 parking spaces.
Based on our experience and conversations concerning the project, we understand that project aesthetics, parking demand (during both construction and operational phases) as well as potential air quality and noise impacts during the demolition and construction phase are the primary impacts anticipated for this project. Other issues that will be addressed include changes in the planned removal and relocation of oak trees on the site, as well as methods of on-site stormwater retention.
Because the project has been modified to address environmental concerns raised during the public hearing process for the previous version of the project, PMC anticipates the Initial Study will lead to the City’s issuance of a Mitigated Negative Declaration.
The following tasks are proposed:
Task 1 – Project Initiation and Data Collection
This task will confirm the scope of the Initial Study, involve one meeting with City staff and collection of any additional project materials from the City.
Task 2 - Prepare Initial Study
All sections of the previously-prepared initial study will be modified and augmented as necessary to reflect the revised project plans, as discussed below:
Introduction and Project Description. The formal project description will be modified to reflect changes to the project, summarizing all aspects of project design, construction and operation as proposed. The project description will be based on the project file and latest plans provided by the City, and will be included in a revised Notice of Preparation for the project for distribution by the City.
Aesthetics/Visual Resources. No significant changes are proposed for this section. It is not anticipated the City will require story poles and netting to be erected for the revised project.
Air Quality. Construction-phase air emissions will be recalculated based on the revised project design. The specific truck route to be used for transport of excavated materials will be identified, and mitigation measures included addressing potential air quality impacts along this route. The discussion on greenhouse gases and climate change will be augmented to reflect consistency with the most current Statewide efforts for reducing GHG emissions. Since the project was last reviewed, the Air Resources Board has formally adopted the Climate Change Scoping Plan. This
plan incorporates previously identified early-action items, as well as additional measures intended to reduce emissions, which may be applicable to the Carmel Sands project. This section of the initial study will include discussion on the Scoping Plan, as well as project conformance with applicable plan measures.
Secondly, in January of this year, the Office of Planning and Research issued Preliminary Draft CEQA Guideline Amendments for Greenhouse Gas Emissions, as required by SB97. While these guidelines are in draft form at present, it is appropriate to address these guidelines in the initial study to the extent practical.
Biology. The discussion in this section will reflect changes in the proposed tree
removal/relocation for the project, and will incorporate any applicable requirements included in the Forest and Beach Commission approval documents for these changes.
Hydrology and Water Quality. The Planning Commission requested that additional on site stormwater retention information be provided. PMC will prepare additional discussion, and any associated mitigation measures, based on project drainage information anticipated to be provided by the project applicant in the form of a letter by the architect or engineer.
Land Use and Planning. The project will no longer cause the City’s hotel room cap to be exceeded, therefore, this discussion will be removed from this section.
Noise. The primary noise issue identified during the public hearing process was short term impacts of construction noise on adjacent businesses and restaurants. Following the Planning Commission hearing for the project, we discussed preparing a quantitative noise study which would identify existing noise levels within the immediate area, estimate noise levels during the grading and construction phase of the project, and compare these noise levels to existing levels, as well as applicable noise standards in the general plan. Mitigation measures would be developed to minimize noise to the greatest extent feasible. We propose to subcontract with AMBIENT Consultants, Inc., to prepare this study. AMBIENT’s proposal also includes similar quantitative analysis for the operation of the hotel, however, this may not be necessary based on revisions to the design that have addressed concerns raised during the hearings. If the City desires, the scope can be adjusted to eliminate this task.
Transportation/Traffic. The previous traffic analysis identified only a small number of additional vehicle trips associated with the project, and these were associated with the increase in the number of hotel rooms over the existing number. The revised project proposes a small amount of retail space and net increase in conference space over the existing area, however, these uses are not anticipated to generate substantial vehicle traffic. The traffic discussion will be revised from a quantitative to a qualitative discussion, since the number of hotel rooms (the primary traffic generator) is not proposed to increase, and a formal traffic study is not justified.
Concern was raised during the hearing process about construction traffic impacts on the nearby businesses. It is our understanding the City is working with the project applicant to identify a staging area for construction vehicles to minimize parking impacts to the neighborhood. We will discuss the staging area plan in the initial study.
Geology, Soils and Archaeology, Utilities and Services. No changes are proposed to these sections, as they are not affected by the change in the project design.
PMC will submit the following to the City:
Ten (10) copies each of drafts and screenchecks of the Initial Study.
Twenty (20) copies of the Public Review documents.
Two (2) CDs formatted in WORD for each of the environmental review documents and
one (1) CD) in print ready form.
Task 3 –Monitoring Matrix
As required by CEQA, final documentation will include a Mitigation Monitoring and Reporting Program (MMRP) which identifies the timing, responsibility and monitoring of any adopted mitigation measures and conditions of approval. The MMRP, required by CEQA for any project that has mitigation measures, will be in table format for ease of use by the City during project implementation and construction.
Task 4 – Response to Comments
Although not required by CEQA, due to the potential for community concern, we have also provided an estimate for responding to public comment on the Initial Study. Our estimate is based on a reasonable number of comment letters.
Task 5 - Meetings
PMC assumes a total of two (2) staff-level meetings to discuss the project and/or the findings of the environmental review (one of these being at project initiation as outlined under Task 1). PMC assumes that the City will take the primary role in the preparation and presentation of the project and environmental information to the public and the City’s decision making bodies. If the City decides during the course of the project to have PMC take on this role, we can adjust the scope of work as needed.
Other Tasks
PMC will consult with, coordinate with, prepare, and file all necessary documentation with appropriate agencies consistent with CEQA requirements.
In the interest of cost savings, if the City would like to assume any of the tasks outlined above, PMC
is happy to modify the scope. Alternatively, if the City requests additional assistance for these or
other tasks, PMC will scope them separately.
Continued >
22
PROJECT BUDGET
For budgeting purposes, all tasks utilize an averaged billing rate of $120 hour. This averaged rate
assumes staff resources at the Assistant Planner, Senior Planner/Project Manager, Specialist and
Principal levels.
Project Initiation/Data Collection 3 hours $ 360
Initial Study Revision 50 hours $ 6,000
Response to Public Comments 10 hours $ 1,200
Monitoring Matrix 4 hours $ 480
Meetings (2 Meetings with Staff) 5 hours $ 600
Management/ Coordination/Noticing 10 hours $ 1,200
Sub Total 82 Hours $ 9,840
Noise and Vibration Analysis (including 10% mark-up) $ 6,600
Direct Costs (Copies/mailings/incidentals) $ 400
TOTAL $ 16,840
PROJECT SCHEDULE
PMC anticipates the following schedule for preparation of the revised initial study for this project.
All timeframes are from issuance of the Notice to Proceed by the City. A total of 17 weeks are anticipated to be required.
Complete Technical Evaluations / Review Project Reports 3 weeks
Submit Draft Environmental Initial Study 6 weeks
City Review and Comment 10 weeks
Submit Public Review Copy of Environmental Initial Study 12 weeks
Public Review Period (21 days) 15 weeks
Respond to Public Comments (if required) 17 weeks
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to amend the Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare an Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment project in the additional amount of $18,524.
Description: On September 9, 2008, the City authorized a contract with PMC in an amount not to exceed $23,000 to prepare an Initial Study for the Carmel Sands redevelopment project, in accordance with the California Environmental Quality Act (CEQA). Since then, the project applicant revised the project description, necessitating a new Initial Study and an additional $18,524. Although the City hires the consultant to perform the analysis, the applicant pays for the contract, so no City funds are required as part of this contract. The City Attorney reviewed the original contract.
Overall Cost:
City Funds: N/A, since applicant pays for the contract.
Funds are deposited into Account #50-24050-2375.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: CMC Section 17.60 establishes the City’s standards for complying with CEQA. The proposed contract complies with these standards.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO AMEND A CONSULTANT SERVICES AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS (PMC) TO PREPARE AN INITIAL STUDY AND SUBSEQUENT ENVIRONMENTAL DOCUMENTS FOR THE CARMEL SANDS LODGE REDEVELOPMENT PROJECT IN THE ADDITIONAL AMOUNT OF $18,524
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on
its unique character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and
WHEREAS, the property owners of the Carmel Sands Lodge propose to redevelop the
site; and
WHEREAS, the City Council adopted a Resolution authorizing the City Administrator to
execute a consulting services agreement with PMC in an amount not to exceed $23,000 on September 9, 2008, for the preparation of an Initial Study and subsequent environmental documents in conformance with CEQA; and
WHEREAS, the applicant has since revised the project description, requiring a new
Initial Study and an additional $18,524; and
WHEREAS, the City received the attached proposal from PMC for the environmental
review.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to amend a contract with Pacific Municipal Consultants in the additional amount of $18,524 and place deposited funds into Account #50-24050-2375.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of October, 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND PACIFIC MUNICIPAL CONSULTANTS
EXECUTED ON 9 SEPTEMBER 2008
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services in an amount not to exceed $23,000 $41,524 (includes a 10% contingency). Such amount shall constitute full and complete payment by City under this Agreement. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
CITY OF CARMEL-BY-THE-SEA, PACIFIC MUNICIPAL CONSULTANTS
CALIFORNIA
By: By:
__________________________ _________________________
Rich Guillen, Date Philip O. Carter Date
City Administrator President
SCOPE OF SERVICES
PMC has prepared this scope of work and budget proposal for a revised Initial Study (IS) for the demolition and redevelopment of the Carmel Sands Motel, as requested by the City. We understand the project will include the demolition of the existing 42-guest room hotel and 120-seat restaurant, and replacement with a new boutique hotel including 42 rooms, a small bar and lounge, a day spa, expanded conference facilities, and underground parking with approximately 76 parking spaces.
Based on our experience and conversations concerning the project, we understand that project aesthetics, parking demand (during both construction and operational phases) as well as potential air quality and noise impacts during the demolition and construction phase are the primary impacts anticipated for this project. Other issues that will be addressed include changes in the planned removal and relocation of oak trees on the site, as well as methods of on-site stormwater retention.
Because the project has been modified to address environmental concerns raised during the public hearing process for the previous version of the project, PMC anticipates the Initial Study will lead to the City’s issuance of a Mitigated Negative Declaration.
The following tasks are proposed:
Task 1 – Project Initiation and Data Collection
This task will confirm the scope of the Initial Study, involve one meeting with City staff and collection of any additional project materials from the City.
Task 2 - Prepare Initial Study
All sections of the previously-prepared initial study will be modified and augmented as necessary to reflect the revised project plans, as discussed below:
Introduction and Project Description. The formal project description will be modified to reflect changes to the project, summarizing all aspects of project design, construction and operation as proposed. The project description will be based on the project file and latest plans provided by the City, and will be included in a revised Notice of Preparation for the project for distribution by the City.
Aesthetics/Visual Resources. No significant changes are proposed for this section. It is not anticipated the City will require story poles and netting to be erected for the revised project.
Air Quality. Construction-phase air emissions will be recalculated based on the revised project design. The specific truck route to be used for transport of excavated materials will be identified, and mitigation measures included addressing potential air quality impacts along this route. The discussion on greenhouse gases and climate change will be augmented to reflect consistency with the most current Statewide efforts for reducing GHG emissions. Since the project was last reviewed, the Air Resources Board has formally adopted the Climate Change Scoping Plan. This
plan incorporates previously identified early-action items, as well as additional measures intended to reduce emissions, which may be applicable to the Carmel Sands project. This section of the initial study will include discussion on the Scoping Plan, as well as project conformance with applicable plan measures.
Secondly, in January of this year, the Office of Planning and Research issued Preliminary Draft CEQA Guideline Amendments for Greenhouse Gas Emissions, as required by SB97. While these guidelines are in draft form at present, it is appropriate to address these guidelines in the initial study to the extent practical.
Biology. The discussion in this section will reflect changes in the proposed tree
removal/relocation for the project, and will incorporate any applicable requirements included in the Forest and Beach Commission approval documents for these changes.
Hydrology and Water Quality. The Planning Commission requested that additional on site stormwater retention information be provided. PMC will prepare additional discussion, and any associated mitigation measures, based on project drainage information anticipated to be provided by the project applicant in the form of a letter by the architect or engineer.
Land Use and Planning. The project will no longer cause the City’s hotel room cap to be exceeded, therefore, this discussion will be removed from this section.
Noise. The primary noise issue identified during the public hearing process was short term impacts of construction noise on adjacent businesses and restaurants. Following the Planning Commission hearing for the project, we discussed preparing a quantitative noise study which would identify existing noise levels within the immediate area, estimate noise levels during the grading and construction phase of the project, and compare these noise levels to existing levels, as well as applicable noise standards in the general plan. Mitigation measures would be developed to minimize noise to the greatest extent feasible. We propose to subcontract with AMBIENT Consultants, Inc., to prepare this study. AMBIENT’s proposal also includes similar quantitative analysis for the operation of the hotel, however, this may not be necessary based on revisions to the design that have addressed concerns raised during the hearings. If the City desires, the scope can be adjusted to eliminate this task.
Transportation/Traffic. The previous traffic analysis identified only a small number of additional vehicle trips associated with the project, and these were associated with the increase in the number of hotel rooms over the existing number. The revised project proposes a small amount of retail space and net increase in conference space over the existing area, however, these uses are not anticipated to generate substantial vehicle traffic. The traffic discussion will be revised from a quantitative to a qualitative discussion, since the number of hotel rooms (the primary traffic generator) is not proposed to increase, and a formal traffic study is not justified.
Concern was raised during the hearing process about construction traffic impacts on the nearby businesses. It is our understanding the City is working with the project applicant to identify a staging area for construction vehicles to minimize parking impacts to the neighborhood. We will discuss the staging area plan in the initial study.
Geology, Soils and Archaeology, Utilities and Services. No changes are proposed to these sections, as they are not affected by the change in the project design.
PMC will submit the following to the City:
Ten (10) copies each of drafts and screenchecks of the Initial Study.
Twenty (20) copies of the Public Review documents.
Two (2) CDs formatted in WORD for each of the environmental review documents and
one (1) CD) in print ready form.
Task 3 –Monitoring Matrix
As required by CEQA, final documentation will include a Mitigation Monitoring and Reporting Program (MMRP) which identifies the timing, responsibility and monitoring of any adopted mitigation measures and conditions of approval. The MMRP, required by CEQA for any project that has mitigation measures, will be in table format for ease of use by the City during project implementation and construction.
Task 4 – Response to Comments
Although not required by CEQA, due to the potential for community concern, we have also provided an estimate for responding to public comment on the Initial Study. Our estimate is based on a reasonable number of comment letters.
Task 5 - Meetings
PMC assumes a total of two (2) staff-level meetings to discuss the project and/or the findings of the environmental review (one of these being at project initiation as outlined under Task 1). PMC assumes that the City will take the primary role in the preparation and presentation of the project and environmental information to the public and the City’s decision making bodies. If the City decides during the course of the project to have PMC take on this role, we can adjust the scope of work as needed.
Other Tasks
PMC will consult with, coordinate with, prepare, and file all necessary documentation with appropriate agencies consistent with CEQA requirements.
In the interest of cost savings, if the City would like to assume any of the tasks outlined above, PMC
is happy to modify the scope. Alternatively, if the City requests additional assistance for these or
other tasks, PMC will scope them separately.
Continued >
22
PROJECT BUDGET
For budgeting purposes, all tasks utilize an averaged billing rate of $120 hour. This averaged rate
assumes staff resources at the Assistant Planner, Senior Planner/Project Manager, Specialist and
Principal levels.
Project Initiation/Data Collection 3 hours $ 360
Initial Study Revision 50 hours $ 6,000
Response to Public Comments 10 hours $ 1,200
Monitoring Matrix 4 hours $ 480
Meetings (2 Meetings with Staff) 5 hours $ 600
Management/ Coordination/Noticing 10 hours $ 1,200
Sub Total 82 Hours $ 9,840
Noise and Vibration Analysis (including 10% mark-up) $ 6,600
Direct Costs (Copies/mailings/incidentals) $ 400
TOTAL $ 16,840
PROJECT SCHEDULE
PMC anticipates the following schedule for preparation of the revised initial study for this project.
All timeframes are from issuance of the Notice to Proceed by the City. A total of 17 weeks are anticipated to be required.
Complete Technical Evaluations / Review Project Reports 3 weeks
Submit Draft Environmental Initial Study 6 weeks
City Review and Comment 10 weeks
Submit Public Review Copy of Environmental Initial Study 12 weeks
Public Review Period (21 days) 15 weeks
Respond to Public Comments (if required) 17 weeks
Saturday, July 4, 2009
CITY COUNCIL: Resolution for Consultant Services Agreement for Building Inspection Services with Michael Rachel
Meeting Date: 7 July 2009
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 for an amount not to exceed $45,000.
Description: The consultant will provide building inspection services and other duties related to the Building Department on an “as needed” basis for fiscal year 2009/2010 at an hourly rate of $50.00.
Overall Cost:
City Funds: Not to exceed $45,000.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: With the anticipated one-year absence of The City’s Building Official, the City will require part time assistance for the duration. The Building Official’s position includes a wide range of responsibilities, the primary of which is performing construction inspections. The consultant will provide construction inspection services and building-related assistance to the Department of Community Planning and Building during the absence of the Building Official.
Decision Record: N/A
Reviewed by:
_____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MICHAEL RACHEL FOR BUILDING INSPECTION SERVICES AND OTHER BUILDING-RELATED ASSISTANCE TO THE DEPARTMENT OF COMMUNITY PLANNING AND BUILDING FOR FISCAL YEAR 2009/2010
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its unique character and the safety of its citizens; and
WHEREAS, the City has adopted a Building Code to coordinate the administration of the construction codes by establishing uniform procedures; and
WHEREAS, the City requires construction projects to be inspected to ensure compliance with the Building Code; and
WHEREAS, Michael Rachel submitted a proposal for consultant services to provide Building Inspection Services and other building-related assistance to the Department of Community Planning and Building for fiscal year 2009/2010.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a Consultant Services Contract with Michael Rachel for an amount not to exceed $45,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July, 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of July 2009 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and MICHAEL RACHEL, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide Building Inspection Services and other assistance as requested for the Department of Community Planning and Building.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $50.00, but not to exceed $45,000 for fiscal year 2009/2010. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by 1 July 2010. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this
Agreement shall constitute additional services. Such work will be undertaken only upon written authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY CONSULTANT
Rich Guillen Michael Rachel
City Administrator PO Box 5605
City Hall Carmel, CA 93921
PO Box CC
Carmel CA 93921
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, MICHAEL RACHEL
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator MICHAEL RACHEL
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 for an amount not to exceed $45,000.
Description: The consultant will provide building inspection services and other duties related to the Building Department on an “as needed” basis for fiscal year 2009/2010 at an hourly rate of $50.00.
Overall Cost:
City Funds: Not to exceed $45,000.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: With the anticipated one-year absence of The City’s Building Official, the City will require part time assistance for the duration. The Building Official’s position includes a wide range of responsibilities, the primary of which is performing construction inspections. The consultant will provide construction inspection services and building-related assistance to the Department of Community Planning and Building during the absence of the Building Official.
Decision Record: N/A
Reviewed by:
_____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MICHAEL RACHEL FOR BUILDING INSPECTION SERVICES AND OTHER BUILDING-RELATED ASSISTANCE TO THE DEPARTMENT OF COMMUNITY PLANNING AND BUILDING FOR FISCAL YEAR 2009/2010
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its unique character and the safety of its citizens; and
WHEREAS, the City has adopted a Building Code to coordinate the administration of the construction codes by establishing uniform procedures; and
WHEREAS, the City requires construction projects to be inspected to ensure compliance with the Building Code; and
WHEREAS, Michael Rachel submitted a proposal for consultant services to provide Building Inspection Services and other building-related assistance to the Department of Community Planning and Building for fiscal year 2009/2010.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a Consultant Services Contract with Michael Rachel for an amount not to exceed $45,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July, 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of July 2009 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and MICHAEL RACHEL, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide Building Inspection Services and other assistance as requested for the Department of Community Planning and Building.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $50.00, but not to exceed $45,000 for fiscal year 2009/2010. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by 1 July 2010. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this
Agreement shall constitute additional services. Such work will be undertaken only upon written authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY CONSULTANT
Rich Guillen Michael Rachel
City Administrator PO Box 5605
City Hall Carmel, CA 93921
PO Box CC
Carmel CA 93921
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, MICHAEL RACHEL
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator MICHAEL RACHEL
Sunday, April 5, 2009
CITY COUNCIL: Resolution for Consultant Services Agreement for Records Destruction
Meeting Date: April 7, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Carol Butler, effective January 1, 2009, to review City records and identify records eligible for destruction in an amount not to exceed $7,500.
Description: Consultant Carol Butler will review old records and identify records eligible for destruction in accordance with Government Code §34090 et seq. Once records are identified for destruction, a list of those records and a resolution to approve destruction will be submitted to the City Council for its review and approval.
Overall Cost:
City Funds: Not to exceed $7,500 from Administration Department account 01-64051
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: Consultant Carol Butler will provide needed services to maintain City records according to Government Code regulations. Carol Butler has extensive experience as a City Clerk and has the required knowledge to provide these services
Decision Record: None.
Reviewed by:
____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH CAROL BUTLER EFFECTIVE JANUARY 1, 2009 TO REVIEW CITY RECORDS AND IDENTIFY RECORDS ELIGIBLE FOR
DESTRUCTION IN AN AMOUNT NOT TO EXCEED $7,500
WHEREAS, the City of Carmel-by-the-Sea maintains its records in accordance with Government Code §34090 et seq; and
WHEREAS, the City desires to contract with consultant Carol Butler to review City records and identify records eligible for destruction.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1. Authorize the City Administrator to execute a Consultant Services Agreement with Carol Butler in an amount not to exceed $7,500.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of April 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 1st day of January 2009 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and CAROL BUTLER, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide services to the City for the review of records and identification of records eligible for destruction in accordance with Government Code §34090 et seq.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $75.00, but not to exceed $7,500. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City will compensate Consultant for actual out-of-pocket expenses incurred by Consultant in connection with services performed in accordance with the following schedule:
1. Incurred Expenses—by an amount equal to actual incurred expenses and within the limits established in the attached scope of work and budget. Such expenses include, but are not limited to, authorized travel by automobile or common carrier, long-distance telephone calls and other similar expenses. Incurred expenses do not include normal overhead expenses.
2. Photocopies—at the rate of $0.10 per page for each document copy in excess of ten (10) document copies or as specified in the attached scope of work and budget.
D. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by January 31, 2009. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent
act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal
injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this Agreement shall constitute additional services. Such work will be undertaken only upon written
authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law.
In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance
required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY
Rich Guillen
City Administrator
City Hall
PO Box CC
Carmel CA 93921
CONSULTANT
Carol Butler
4141 Blackford Circle
San Jose, CA. 95117
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth
above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, CAROL BUTLER
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator Carol Butler
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Carol Butler, effective January 1, 2009, to review City records and identify records eligible for destruction in an amount not to exceed $7,500.
Description: Consultant Carol Butler will review old records and identify records eligible for destruction in accordance with Government Code §34090 et seq. Once records are identified for destruction, a list of those records and a resolution to approve destruction will be submitted to the City Council for its review and approval.
Overall Cost:
City Funds: Not to exceed $7,500 from Administration Department account 01-64051
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: Consultant Carol Butler will provide needed services to maintain City records according to Government Code regulations. Carol Butler has extensive experience as a City Clerk and has the required knowledge to provide these services
Decision Record: None.
Reviewed by:
____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH CAROL BUTLER EFFECTIVE JANUARY 1, 2009 TO REVIEW CITY RECORDS AND IDENTIFY RECORDS ELIGIBLE FOR
DESTRUCTION IN AN AMOUNT NOT TO EXCEED $7,500
WHEREAS, the City of Carmel-by-the-Sea maintains its records in accordance with Government Code §34090 et seq; and
WHEREAS, the City desires to contract with consultant Carol Butler to review City records and identify records eligible for destruction.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1. Authorize the City Administrator to execute a Consultant Services Agreement with Carol Butler in an amount not to exceed $7,500.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of April 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 1st day of January 2009 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and CAROL BUTLER, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide services to the City for the review of records and identification of records eligible for destruction in accordance with Government Code §34090 et seq.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $75.00, but not to exceed $7,500. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City will compensate Consultant for actual out-of-pocket expenses incurred by Consultant in connection with services performed in accordance with the following schedule:
1. Incurred Expenses—by an amount equal to actual incurred expenses and within the limits established in the attached scope of work and budget. Such expenses include, but are not limited to, authorized travel by automobile or common carrier, long-distance telephone calls and other similar expenses. Incurred expenses do not include normal overhead expenses.
2. Photocopies—at the rate of $0.10 per page for each document copy in excess of ten (10) document copies or as specified in the attached scope of work and budget.
D. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by January 31, 2009. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent
act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal
injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this Agreement shall constitute additional services. Such work will be undertaken only upon written
authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law.
In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance
required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY
Rich Guillen
City Administrator
City Hall
PO Box CC
Carmel CA 93921
CONSULTANT
Carol Butler
4141 Blackford Circle
San Jose, CA. 95117
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth
above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, CAROL BUTLER
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator Carol Butler
Tuesday, December 2, 2008
CITY COUNCIL: Resolution for Contract with Gualtieri & Lehmann as City's Historic Preservation Consultant Firm
Meeting Date: 7 October 2008
Prepared by: Sean Conroy
Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to renew and revise a contract with Katherine Gualtieri & Susan Lehmann to work as the City’s Historic Preservation Consultant firm.
Description: The City requires that the historical status of a property be determined prior to approving development applications. While a large number of properties in the City already were surveyed, many other properties have not yet been evaluated. The City calls upon the Historic Preservation Consultant to review properties on a case-by-case basis and make recommendations regarding their historic status.
The City’s Historic Preservation Consultant is requesting a revision to the fee schedule for historic evaluations. As noted in Exhibit “A”, the request for increased fees is to offset their rise in overhead expenses including travel, supplies and insurance. Unless the work is the result of a City project, the work shall be at the applicant’s expense.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the resolution.
Important Considerations: CMC 17.32.060 establishes the procedure for determining the historic significance of individual properties. CMC 17.32.080 indicates that the City shall maintain a list of qualified professionals capable of performing surveys and assisting staff in evaluating individual properties.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA TO RENEW AND REVISE A CONTRACT WITH KATHRYN GUALITIERI AND SUSAN LEHMAN FOR SERVICES AS THE CITY’S HISTORIC PRESERVATION CONSULTANT FIRM
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and
WHEREAS, the Municipal Code requires that prior to approval of any project that a determination be made as to whether the project site may contain any historic resources; and
WHEREAS, Kathryn Gualtieri and Susan Lehman have been providing historic preservation consultant services to the City since 2007; and
WHEREAS, Kathryn Gualtieri and Susan Lehman are requesting an increase in their consultant services fees as shown in Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a revised contract with Kathryn Gualtieri and Susan Lehman.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of October 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_____________________
Heidi Burch, City Clerk
ATTEST:
________________________
SUE McCLOUD, MAYOR
REVISED CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of October 2008 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and Katherine Gualtieri and Susan Lehmann, hereinafter referred to as the “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Exhibit “A” hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services on a property-by-property basis not to exceed $900 without prior City authorization. Such amount shall constitute full and complete payment by City under this Agreement. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. Payment for work shall be made by City within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in the City.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Exhibit “A”, and shall coordinate all communications with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained in the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any subconsultants will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin,
marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents, and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the ame.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and 1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under the Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request Consultant to render additional professional services beyond the original Scope of Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
City Consultant
City of Carmel-by-the-Sea Katherine Gualtieri & Susan Lehmann
PO Drawer G 502 Grand Ave
Carmel, CA 93921 Capitola, CA 95010
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, Katherine Gualtieri and Susan Lehmann
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen, Katherine Gualtieri
City Administrator Partner
By:
_________________________________
Susan Lehmann
Partner
Prepared by: Sean Conroy
Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to renew and revise a contract with Katherine Gualtieri & Susan Lehmann to work as the City’s Historic Preservation Consultant firm.
Description: The City requires that the historical status of a property be determined prior to approving development applications. While a large number of properties in the City already were surveyed, many other properties have not yet been evaluated. The City calls upon the Historic Preservation Consultant to review properties on a case-by-case basis and make recommendations regarding their historic status.
The City’s Historic Preservation Consultant is requesting a revision to the fee schedule for historic evaluations. As noted in Exhibit “A”, the request for increased fees is to offset their rise in overhead expenses including travel, supplies and insurance. Unless the work is the result of a City project, the work shall be at the applicant’s expense.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the resolution.
Important Considerations: CMC 17.32.060 establishes the procedure for determining the historic significance of individual properties. CMC 17.32.080 indicates that the City shall maintain a list of qualified professionals capable of performing surveys and assisting staff in evaluating individual properties.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA TO RENEW AND REVISE A CONTRACT WITH KATHRYN GUALITIERI AND SUSAN LEHMAN FOR SERVICES AS THE CITY’S HISTORIC PRESERVATION CONSULTANT FIRM
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and
WHEREAS, the Municipal Code requires that prior to approval of any project that a determination be made as to whether the project site may contain any historic resources; and
WHEREAS, Kathryn Gualtieri and Susan Lehman have been providing historic preservation consultant services to the City since 2007; and
WHEREAS, Kathryn Gualtieri and Susan Lehman are requesting an increase in their consultant services fees as shown in Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a revised contract with Kathryn Gualtieri and Susan Lehman.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of October 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_____________________
Heidi Burch, City Clerk
ATTEST:
________________________
SUE McCLOUD, MAYOR
REVISED CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of October 2008 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and Katherine Gualtieri and Susan Lehmann, hereinafter referred to as the “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Exhibit “A” hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services on a property-by-property basis not to exceed $900 without prior City authorization. Such amount shall constitute full and complete payment by City under this Agreement. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. Payment for work shall be made by City within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in the City.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Exhibit “A”, and shall coordinate all communications with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained in the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any subconsultants will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin,
marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents, and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the ame.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and 1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under the Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request Consultant to render additional professional services beyond the original Scope of Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
City Consultant
City of Carmel-by-the-Sea Katherine Gualtieri & Susan Lehmann
PO Drawer G 502 Grand Ave
Carmel, CA 93921 Capitola, CA 95010
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, Katherine Gualtieri and Susan Lehmann
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen, Katherine Gualtieri
City Administrator Partner
By:
_________________________________
Susan Lehmann
Partner
CITY COUNCIL: Consultant Services Agreement with RFB Consulting for Traffic/Parking Analysis for Del Mar Master Plan Project
Meeting Date: 7 October 2008
Prepared by: Sean Conroy,
Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare a traffic and parking analysis as part of the Del Mar Master Plan project.
Description: The Del Mar parking lot is located at the foot of Ocean Avenue and consists of approximately 122 parking spaces. The City currently is developing the Del Mar Specific Plan. This plan will address issues related to parking, circulation, public access and environmental resources of the parking area and dunes. The consultant will perform a traffic analysis and make recommendations on traffic, parking and circulation improvements for this area.
The City sent out a Request for Proposals (RFP) to approximately 20 firms and received two responses. The other response, from Hatch Mott MacDonald, was for approximately $15,000 more than the proposal from RBF.
Overall Cost:
City Funds: $10,366 (budgeted as part of Del Mar Master Plan)
Grant Funds: N/A
Staff Recommendation: Adopt the resolution.
Important Considerations: Goal 4-2 of the General Plan encourages the City to develop a master plan for the Del Mar and North Dunes area. Several other goals and policies address the contents of the plan and encourage the reevaluation of traffic and parking patterns in the area.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH RBF CONSULTING TO
PREPARE A TRAFFIC AND PARKING ANALYSIS AS PART OF THE DEL MAR MASTER PLAN
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its
historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations; and
WHEREAS, General Plan goal G4-2 encourages the City to develop a master plan for the
Del Mar area; and
WHEREAS, General Plan policy P4-15 encourages the City to address parking and
circulation problems in the Del Mar parking lot; and
WHEREAS, RBF Consulting submitted a proposal for consultant services to perform a
traffic and parking analysis of the Del Mar area on August 29, 2008.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a contract with RBF Consulting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of October 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: SIGNED,
_____________________ ________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of October 2008 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter
referred to as the “City”, and RBF Consulting, a California Corporation hereinafter referred to as the “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Attachment “A” hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed
diligently and competently and in accordance with generally accepted professional
standards of care and performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of
Services in the amount not to exceed $10,366 (this includes a 10% contingency). Such
amount shall constitute full and complete payment by City under this Agreement.
Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. Payment for work shall be made by City within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with generally accepted professional standards of care and performance.
D. The City will compensate Consultant for actual out-of-pocket expenses incurred by
Consultant in connection with services performed in accordance with the following
schedule:
Incurred Expenses – by an amount equal to actual incurred expenses
Photocopies – at the rate of $0.10 per page for each document copy in excess of
ten (10) document copies or as specified in the attached scope of work and budget.
Incurred expenses include, but are not limited to, authorized travel by common carrier, long-distance telephone calls, and other similar expenses. Incurred expenses do not include normal overhead expenses.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures,
photographs, memoranda, and any other documents which are developed, compiled, or
produced as a result of this Agreement, whether or not completed, shall be vested in the City. Use of such documents by City for project (s) not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said
Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Attachment “A”, and shall coordinate all communications with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this
Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion,
Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained in
the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party.
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any of its subconsultants will not discriminate against any
employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto
without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents,
and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the same.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal
injuries, products and completed operations, with a combined single limit of not
less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00
aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned,
leased, non-owned, and hired vehicles, used in providing services under the
Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request
Consultant to render additional professional services beyond the original Scope of
Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an
independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmelby-
the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows
(until notice of a different address is given to the parties):
City Consultant
City of Carmel-by-the-Sea RBF Consulting
PO Drawer G 3180 Imjin Parkway, Ste 110
Carmel, CA 93921 Marina, CA 93933
Any and all notices or other communications required or permitted relative to this
Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage
prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided for in the
preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, RBF CONSULTING
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen Laura Worthington-Forbes
City Administrator Senior Vice President
Prepared by: Sean Conroy,
Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare a traffic and parking analysis as part of the Del Mar Master Plan project.
Description: The Del Mar parking lot is located at the foot of Ocean Avenue and consists of approximately 122 parking spaces. The City currently is developing the Del Mar Specific Plan. This plan will address issues related to parking, circulation, public access and environmental resources of the parking area and dunes. The consultant will perform a traffic analysis and make recommendations on traffic, parking and circulation improvements for this area.
The City sent out a Request for Proposals (RFP) to approximately 20 firms and received two responses. The other response, from Hatch Mott MacDonald, was for approximately $15,000 more than the proposal from RBF.
Overall Cost:
City Funds: $10,366 (budgeted as part of Del Mar Master Plan)
Grant Funds: N/A
Staff Recommendation: Adopt the resolution.
Important Considerations: Goal 4-2 of the General Plan encourages the City to develop a master plan for the Del Mar and North Dunes area. Several other goals and policies address the contents of the plan and encourage the reevaluation of traffic and parking patterns in the area.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH RBF CONSULTING TO
PREPARE A TRAFFIC AND PARKING ANALYSIS AS PART OF THE DEL MAR MASTER PLAN
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its
historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations; and
WHEREAS, General Plan goal G4-2 encourages the City to develop a master plan for the
Del Mar area; and
WHEREAS, General Plan policy P4-15 encourages the City to address parking and
circulation problems in the Del Mar parking lot; and
WHEREAS, RBF Consulting submitted a proposal for consultant services to perform a
traffic and parking analysis of the Del Mar area on August 29, 2008.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a contract with RBF Consulting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of October 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: SIGNED,
_____________________ ________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of October 2008 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter
referred to as the “City”, and RBF Consulting, a California Corporation hereinafter referred to as the “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Attachment “A” hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed
diligently and competently and in accordance with generally accepted professional
standards of care and performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of
Services in the amount not to exceed $10,366 (this includes a 10% contingency). Such
amount shall constitute full and complete payment by City under this Agreement.
Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.
B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. Payment for work shall be made by City within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with generally accepted professional standards of care and performance.
D. The City will compensate Consultant for actual out-of-pocket expenses incurred by
Consultant in connection with services performed in accordance with the following
schedule:
Incurred Expenses – by an amount equal to actual incurred expenses
Photocopies – at the rate of $0.10 per page for each document copy in excess of
ten (10) document copies or as specified in the attached scope of work and budget.
Incurred expenses include, but are not limited to, authorized travel by common carrier, long-distance telephone calls, and other similar expenses. Incurred expenses do not include normal overhead expenses.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures,
photographs, memoranda, and any other documents which are developed, compiled, or
produced as a result of this Agreement, whether or not completed, shall be vested in the City. Use of such documents by City for project (s) not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said
Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.
B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee,
shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Attachment “A”, and shall coordinate all communications with the Consultant from the City.
V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this
Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that the City requests termination of the work prior to completion,
Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Any legal proceeding concerning this Agreement shall be brought and maintained in
the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party.
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any of its subconsultants will not discriminate against any
employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto
without the written consent of the other party.
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents,
and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the same.
XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal
injuries, products and completed operations, with a combined single limit of not
less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00
aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned,
leased, non-owned, and hired vehicles, used in providing services under the
Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and
2. A combined single limit of not less than $1,000,000.00 per occurrence.
c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request
Consultant to render additional professional services beyond the original Scope of
Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an
independent contractor.
B. The Consultant shall maintain a valid business license with the City of Carmelby-
the-Sea at all times during the term of this Agreement.
XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows
(until notice of a different address is given to the parties):
City Consultant
City of Carmel-by-the-Sea RBF Consulting
PO Drawer G 3180 Imjin Parkway, Ste 110
Carmel, CA 93921 Marina, CA 93933
Any and all notices or other communications required or permitted relative to this
Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage
prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided for in the
preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, RBF CONSULTING
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen Laura Worthington-Forbes
City Administrator Senior Vice President
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