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HomeMy WebLinkAbout1992-07-14 - AGENDA REPORTS - OAK TREE CONTRACT APPROVAL (2)SUBJECT: Oak Tree Consultant Contract Approval_ DEPARTMENT: Community Development ' BACKGROUND On June 1, 1992, Mr. James Dean of the James Dean Group submitted a letter to the Community Development Department stating that due to business reasons he could not perform as the city's oak tree consultantas of -July 1. Staff issued a request for qualifications to firms with an expertise in the field of oak - tree preservation for the City. After 'review of _submittals and. interviews, Kay J. Werle, P.E. was selected to provide the oak tree consulting services. The attached contract for the oak tree consulting services has been prepared by Kay J. Werle P.E. and the Community Development Department and is now ready for execution by the City. The contract is similar to. the contract the City previously had with the James Dean Group. The need .for an oak tree consultant was anticipated and the estimated yearly cost is $40,000. $40,000 was included .for this position in the FY.92-93 Budget in the Development .Services professional services account. Funds remaining in the professional services account from last year will also be ,rolled over into this year's account. No additional appropriation of funds is required for this request. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute.. the contract between Kay J. Werle, P.E. and the City of Santa Clarita for the oak tree consulting services for the City. Attachment: Proposed contract LHS: 556_— APPROVED Agenda itcm. a�/ ARTICLE 10. INTERESTS OF CONSULTANT, The Consultant covenants that she has any interests, nor shall she acquire any interests, directly or indirectly which will conflict in any manner or degree with the performance of the Consultant's services hereunder. The Consultant further covenants that in the performance of this contract, no person having such interest shall be employed by her. The Consultant further covenants that the Consultant is not contracted with nor performing any services directly or .indirectly, with any developer and/or property owners and/or firms and/or partnerships owning property in the project area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any contract with a developer and/or property owner and/or firms and/or partnerships owning property in the project area prior to completion of this agreement. ARTICLE 11. EXCLUSIONS TO AGREEMENT, 1. Reproduction of Documents. City shall reimburse the Consultant for all reproduction costs for all copies of documents, over and above the original documents, required to provide the services hereunder, at Consultant's cost plus fifteen percent (15S). 2. Outside Consultative Services. Outside services of other, such as engineering, and/or soil labs are not part of this Agreement. ARTICLE 12. INSURANCE. Workers Compensation. Consultant agrees to provide workers compensation insurance for Consultant's employees and agents and agrees to hold harmless and indemnify City for any and all claims arising out of any injury, disability or death of Consultant's employees or agents. ARTICLE 13, GENERAL TERMS AND CONDITIONS. 1. Termination of Agreement. This agreement may be terminated by mutual consent or by either party at any time. In such event, all finished or unfinished documents, data, studies. surveys, drawings, maps, models, photographs and reports prepared by the Consultant under the _Agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Not withstanding the foregoing, the consultant shall not be relieved of liability to the City for damage sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City. The City may terminate this Agreement at any time, without cause, by giving at least ten (10) days notice in writing to the Consultant. If the contract is terminated by the City as provided herein, the Consultant will be paid for.the satisfactory services provided and authorized expenses incurred.up to the date of termination. 3. Changes. Any modifications to this Agreement including any increase or decrease in the amount of Consultant compensation, which are mutually agreed upon by -and between the City and the Consultant, shall be made by written amendments to this Agreement. 4. Assignment of Rights/Delegation of Duties. The Consultant shall not assign any interest in this Agreement, and shall not transfer any. interest in the same and shall not delegate any duty, without the prior written consent of the City thereof. Notwithstanding the foregoing, claims for money by the Consultant against the City under this Agreement may be assigned to a bank, trust company, of other financial institution without such approval. Vritten notice of any such assignment or transfer shall be furnished promptly to the City. 5. Copyright. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright -by or on behalf of the Consultant. 6. Compliance with ADDlicable Laws. The Consultant shall comply with all applicable laws, ordinances and codes of the Federal, State and local government. 7. Equal Employment Opportunity. During the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will not discriminate against any employee or applicant because of race, creed, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regards to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous: places, available to employees and applicants for employment, notices to be provided by the City of the provisions of this non-discrimination clause. (b) The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the* Consultant, state that all qualified applicants will receive, consideration for employment without regard to race, creed, color, sex or national origin. (c) The Consultant will -cause the foregoing provisions .to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Consultant: shall comply with all applicable equal employment opportunity laws, regulations and orders. The Consultant shall permit access to its books, records and accounts by the City and any- other applicable public agency for purposes of investigation to ascertain compliance with laws, regulations and orders. ARTICLE 14. ENFORCEMENT OF AGREEMENT. Should either party hereto bring suit to enforce the terms of this Agreement, any judgement awarded shall include court costs and reasonable attorney's fees to the successful party. ARTICLE 15. ENTIRE AGREEMENT. This Agreement constitutes the whole agreement between the parties hereto with respect to the subject matter hereof, and neither party nor any of its agents or employees has made any representation, except as specifically provided. Neither party, in executing or. performing. this Agreement is .relying upon any statement of information to whomsoever made or given, directly or indirectly, verbally or in writing, by any individual or corporation, except as specifically provided herein. This Agreement is Executed on this day and in the year first above written KAY J. WERLE CITY OF SANTA CLARITA CITY CLERK Approved As To Form: CITY ATTORNEY LES:557 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT, made and entered into this day of 1992, by and -between the City of Santa Clarita, (hereinafter called "City"),' and Ray J. Werle, (hereinafter,called "Consultant"). RECITALS WHEREAS, the City desires to retain the Consultant to .serve in the position of Oak Tree_Consultant for the City; and WHEREAS, the Consultant represents that it is able to provide the level of service requested by the City, which requires that the Consultant be available to the City at all times; and NOW THEREFORE, the parties agree as follows: ARTICLE 1. CONSULTANT'S SERVICES Consultant shall, upon the request of .the Director of Community Development or designee, perform the following services: 1. Review of Aonlicant Submittals. (a) Review and make determinations as to the adequacy of oak tree reports, location maps, .proposed systemsand techniques for the preservation of. oak• trees and details thereto, as submitted by any applicant; (b) Advise the City as to the adequacy of post construction maintenance measures as proposed by an applicant; (c) Prior to One -Stop, Pre- Development Review Committee (Pre -DRC), and Development Review Committee (DRC) meetings, submit written comments to the secretary for typing, indicating what, if any, additional materials must be furnished by the applicant for the oak tree application to be complete; 2. Consultation and Recommendations (a) Provide consultation to the City on all subjects concerning oak trees and their preservation; (b) Create, develop, and devise special measures to relieve the construction impacts to oak trees associated with land development; (c) Prepare written comments offering project specific suggestions to minimize impacts on the oak trees, while recognizing that oak tree removals may -be necessary to allow a reasonable use of the property. The comments are to be balanced between the City's goal of preserving oak trees while encouraging reasonable development proposals. Blanket comments such as "save all the oaks" are to be avoided, though the Consultant may recommend a redesign or denial for.projects insensitive to the natural environment. . (d) Draft specific recommendations, conditions of approval, and mitigation measures for each development proposal, including such mitigation measures as: ratios for replacing oak trees; specification of the size of replacement oak trees; locations of replacement trees; payment of in -lieu fees according to ISA values; replanting of oak trees; care and maintenance of the oaks; timing of mitigation measures; etc. Such comments shall be submitted to typing prior to One -Stop, Pre -DRC and DRC, meetings and public hearings. (e) Attend and participate in One -Stop, Pre -DRC and DRC meetings as requested by the City. 3. Administration (a) Prepare correspondence in the form of letters, memos, illustrations and exhibits; communicate ideas and thoughts, and record conversations and transactions, so as to create permanent records; (b) Prepare reports. 4. Field Inspection. Provide field inspection to: (a) Determine the validity of information concerning oak trees submitted by an applicant as to: specie, location, size, physiological condition, structural integrity, projected impacts and the adequacy of preservation methodology. (b) Ensure that Conditions of Approval for development are satisfactorily performed. (c) Accompany and aid City Code Enforcement Officers in determining possible Oak Tree Ordinance violations. (d)Provide oak tree information and guidance to any homeowner after said homeowner has requested help from the City. 5. Preparation of Drawings and Details. Prepare drawings and details of conditions and situations relating to oak tree preservation techniques as necessary. 6. Public Hearings. Attend public hearings, public meetings and other group meetings.as requested by the City. 7. Meetings. Attend other meetings as requested by the City, 8. Other Services. Perform other oak tree services as requested by the City. ARTICLE 2. TIME SCHEDULE. The Consultant agrees to expedite all services, after request by the City, in a timely and efficient manner, as determined by the City. ARTICLE 3. COMPENSATION 1. Basic Service. When calculated on a monthly average, the Consultant shall' provide a minimum of 15 hours of service per week. The Consultant, with the mutual agreement of the City, shall' establish consulting hours for availability within the City. 2. Fees for Services. (a) For any project for which the City is not being reimbursed by others, as identified by the City, the Consultant shall bill for each hours, or portion thereof, expended on behalf of the City at the rate of $51.25 per hour, excluding travel time from the Consultant's place of business to City Hall. (b) For any project for which the City is being reimbursed at its costs, as identified by the City, the Consultant shall bill for each hour, or portion thereof, expended on behalf of the City at the rate of $70.00 per hour. (c) For work performed on Oak Tree Permit applications, the Consultant shall perform up to 2 1/2 hours of work per applicant for the City, billed at $51.25 per hour. Necessary time above such 2 1/2 hours shall be billed to the applicant through the City's Finance Department at a rate of $70.00 per hour. Invoices shall itemize such billable time separately. 3. Minimum Charge. For any service physically provided within the local of the City of Santa Clarita,'a four hour minimum charge shall apply. This provision is .intended to address events, including but not limited to, evening meetings and site meetings on days when the Consultant is not otherwise physically in the City. 4. Billing. The Consultant shall bill bi-monthly for service, rendered during the previous work period. Billings shall be for actual hours of work performed multiplied by the applicable rate. ARTICLE 4. INDEPENDENT CONTRACTOR. The .Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at ant time or in any manner, represent that it, or any of it's agents, servants or employees, are in any manner agents, servants or employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to. City are solely such as are prescribed by this Agreement. ARTICLE S. CONSULTANTREPRESENTATIVE. The Consultant shall be principally responsible for the consultant obligations under this agreement and shall serve as principal liason between City and Consultant. Designation of another Responsible Principal or Project Manager by Consultant shall not be made without prior written consent of City. ARTICLE 6. CITY LIASON. Consultant shall perform under the general supervision of the Director of Community Development of the City or her designee, and all communications, instructions and directions on the part of City shall be communicated exclusively through the Director of Community Development or her designee. ARTICLE 7. PERSONNEL. Consultant represents that it has, or shall secure at it's own expense, all personnel required to perform consultant's services under this agreement, but at all times shall be responsible for the services of such personnel. ARTICLE 8. DATA AND SERVICES BY CITY. 1. Data and Records. All non -confidential public records in the form of information, data," records, reports and maps in the possession of City necessary for the carrying out of the.work to be performed under this agreement shall be available to Consultant at.no charge. 2. Work Space, The City shall provide adequate work space, office supplies, a telephone, and basic secretarial services during consulting hours at City Mall, at no charge. ARTICLE 9. OWNERSHIP OF DOCUMENTS. City and Consultant agree that all 'documents prepared as a result of this Agreement shall be the sole property of City. All confidential or otherwise privileged records including reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of her services pursuant tothe.Agreement shall remain confidential unless released by City to the public and the Consultant agrees that such documents shall not be available to any individual or organization without written consent of City prior to such release. All such reports, information, data and exhibits shall be delivered to City upon demand.