HomeMy WebLinkAboutAgenda Packet - November 1, 2004 - CC_ . - ,2.17
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: SHARON W. HIGHTOWER, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: NOVEMBER 1, 2004
SUBJECT: EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH COTTON
BRIDGES ASSOCIATES
RECOMMENDATION
Staff recommends that the City Council approve amendment of the existing Cotton Bridges
Associates (CBA) agreement, including an extension to June 30, 2006, adding the project, "Azusa
Commons Environmental Documentation," updating the fee schedule, deleting the not -to -exceed
amount, and authorizing the Mayor to sign the amended agreement.
BACKGROUND
On July 1, 2002 the City entered into an agreement with CBA to provide planning and project
management consulting services, especially for the Monrovia Nursery, Azusa Pacific University, and
University Commons Specific Plans, in an amount not to exceed $60,000. CBA has provided staffing
to assist with these projects, all on reimbursement arrangements. The amounts of money deposited
and expended have exceeded the $60,000 and a not -to -exceed amount is not appropriate for this
type of agreement. The agreement technically expired June 30, 2003 although the work is still
underway on the APU Specific Plan.
In addition to amending and extending the term of the agreement, an additional project is now
underway—the Azusa Commons (Foothill Center) Shopping Center. Staff would like to have CBA
perform the required environmental work for this project on an expedited schedule. CBA has indicated
that they can do so, beginning October 25, 2004. Their estimate for performing the environmental
work (including special studies) through a Negative Declaration is $35,000. If a focused EIR is
required, the estimate is for an additional $30,000. Staff is requesting this action in order to expedite
the processing of the Azusa Commons Shopping Center Project. The alternative would be to initiate a
lengthier request for proposal process.
The amended agreement would include the attached updated fee schedule and expire June 30, 2006,
The Azusa Commons project would be added to the Scope of Work, and the not -to -exceed amount
listed in Section 3.3.1 eliminated.
11 f l
k p.
Honoeable Mayor and City Council Members
EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH COTTON BRIDGES ASSOCIATES
October 18, 2004
Page 2
FISCAL IMPACT
The additional estimated cost of up to $65,000 for environmental documentation by CBA would be
reimbursed by the applicant.
Prepared by: Sharon W. Hightower
SWH
Attachments:
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
Planning and Project Management Services
1. PARTIES AND DATE.
This Agreement is made and entered into this 1 st day of July, 2002 by and between the City
of Azusa, a municipal organization organized under the laws of the State of California with its
principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1395 ("City")
and Cotton Bridges Associates, a California Corporation, with its principal place of business at 747
E. Green St., Suite 300, Pasadena, Ca. 91101 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing planning and project management
consulting services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Monrovia Nursery Specific
Plan, Azusa Pacific University Specific Plan, and University Commons Specific Plan ("Projects") as
set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
'3.1.1 General Scrape of Services. Consultant promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately supply the professional planning and project management services necessary for
the Projects ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference,
and all applicable local, state and federal laws, rules and regulations.
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3.1.2 _Term. The term of this Agreement shall be from July 1, 2002 to June 30,
2003, unless earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates-, Ind endent Contractor. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Consultant on an independent contractor basis and not as an employee. Consultant retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Consultant shall also
not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Scope of Services set forth in Exhibit
"A". Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner.
3.2.3 Conformance to Applicable Re uirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution ofKey Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more
of such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to
the City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: Ms. Lara Stetson and Ms. Jenni Suvari.
3.2.5 Cit} s Representative. The City hereby designates Roy Bruckner, or his or her
designee, to act as its representative for the performance ofthis Agreement ("Cites Representative").
City's Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Laura Stetson, or
his or her designee, to act as its representative for the performance of this Agreement ("Consultant's
Representative"). Consultant's Representative shall have full authority to represent and act on behalf
of the Consultant for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care,• Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Proj ect by the Consultant and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.9 Laws and Re lations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure
to comply with such laws, rules or regulations.
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3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Re uirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the
Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant
shall also require all of its subcontractors to procure and maintain the same insurance for the duration
of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers'Compensation and Employer s Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the
Labor Code of the State of California. Employer's Liability limits of $1,000,000 pet accident for
bodily injury or disease.
3.2.10.3 Professional Liabilfty. Deleted by City; not necessary.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Consultant shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General LikiliU. The general liability policy shall be endorsed
to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be
covered as additional insured with respect to the Work or operations performed by or on behalf of
the Consultant, including materials, parts or equipment furnished in connection with such work; and
(2) the insurance coverage shall be primary insurance as respects the City, its directors, officials,
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officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liabih . The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers
shall be covered as additional insureds with respect to the ownership, operation, maintenance, use,
loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which
the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents
and volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Emploxers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds, No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than ANVIH, licensed to do business in California,
and satisfactory to the City.
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3.2.10.8 Verification of Covera e. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriatelo the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B) instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Corti ensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B"
attached hereto and incorporated herein by reference. The total compensation shall not exceed
$60,000 without written approval of City's City Manager. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through the
date of the statement. City shall, within 45 days of receiving such statement, review the statement
and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall
not perform, nor be compensated for, Extra Work without written authorization from City's
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Representative.
3.4 Accounting Records.
3.4.1 Maintenance and In ection. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City during normal business hours
to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of A eement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7)
days before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City, and Consultant
shall be entitled to no further compensation. Consultant may not terminate this Agreement except
for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other information
within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant:
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Cotton Bridges Associates
747 E. Green St., Suite 300
City:
Pasadena, Ca. 91101-2119
Attention: Laura Stetson
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attention: Rick Cole, City manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensingof _ Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically
or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the Services. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Consultant,
which is otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs
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of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as maybe necessary, appropriate
or convenient to attain the purposes of this Agreement.
3.5.5 Attome s Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled.to have and recover from the losing party reason-
able attorney's fees and all other costs of such action.
3.5.6 Indemnification. CBA shall indemnify, hold harmless, and defend CITY, its
Council, officers, agents and employees from and against any and all claims and losses, costs or
expenses for any damage resulting in death or injury to any person and/or injury or damage to any
property resulting from any act; omission or willful misconduct of CBA or any of its officers,
employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and
expense shall include reasonable attorney fees.
Notwithstanding the above paragraph, and as a separate and independent covenant
and obligation, CBA shall indemnify and hold harmless, but not defend CITY, its Council, officers,
agents and employees from and against any damage, liability, loss, cost or expense, (excluding
personal injury or property damage which is included in the above paragraph) which arise out of
CBA's negligent performance of services under this Agreement provided that such liability, loss, cost
or expense is caused by the negligent act or omission of CBA, or any of its officers, employees,
servants, agents or subcontractors in performance of this Agreement. CBA's obligation for such
indemnity and hold harmless under this paragraph shall not include any obligation to defend CITY,
its Council, officers, agents or employees against any action or claim brought by any person. CBA's
obligation to indemnify CITY shall include reasonable attorney fees if CBA is found to have been
negligent in performance of services under this Contract.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
Agreement.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
3.5. 10 Ci s Right to Employ Other Consultants. City reserves right to employ other
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consultants in connection with this Project.
3.5.11 Successors acid Ass] fns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.12 Assigtment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.13 Construction,• ReferencesCions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subcontractors of
Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment,• Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
3.5.16 No Third P Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidi1y. Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
A
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
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Agreement, no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.19 Equal ORportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated
in this Agreement.
CITY OF AZUSA
By: _ By:
Cristina Cruz -Madrid
Mayor
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COTTON BRIDGES ASSOCIATES
Laura Stetson
Principal
Attest_
City Clerk
Approved as to Form:
— �aau � r" . a,.--��
Best Best & Krieger LLP
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Cotton/Bridges/Associates will perform contract staffplanning and project management services for
the three specific projects set forth below, as well as other projects that may be identified by the City
of Azusa:
❑ Monrovia Nursery Specific Plan
❑ Azusa Pacific University Specific Plan
❑ University Commons Specific Plan
The staff services include, but are not limited to the following tasks:
1. Coordinate the processing of City -required entitlement applications.
2. Meet as needed with project applicants regarding application and project requirements.
3. Coordinate the processing of required CEQA documents.
4. Prepare staff reports, resolutions, and conditions of approval.
5. Prepare legal notices for entitlement applications and hearings.
6. Participate in public meetings and public hearings associated with identified projects.
7. Other tasks directly associated with project applications, as directed by the Community
Development Director.
RVPUBWGS\544364 C-1
EXHIBIT "B"
COMPENSATION
All work will be billed on a time and materials basis in accordance Wth the following fee
schedule.
COTTON / BRIDGES / ASSOCIATES
SCHEDULE OF FEES
HOURLY LABOR RATES
Princi ais:
Principal -in -Charge $145 - $185
Project Mana e
Project Managers $115 - $135
Urban Planners
Gra hics`, ._
Sr. Urban Planner
$95
Urban Planner
$65
Sr. Planning Technician
$55
Planning Technician
$45
Mapping Technician
$45
Environmentai Planrjers
Gra hics`, ._
Sr. Env Planner
$95
- $105
Env. Planner
$85
- $95
Sr. Researcher
$75
- $85
Researcher
$65
- $75
Technician
$45
- $55
- $105
Gra hics`, ._
- $90
Sr. Graphics
$50
- $60
- $65
Graphics
$35
- $45
- $55
- $55
Other Staff
_
Word Processing
$60
- $65
Admin Support
$60
- $65
REIMBURSABLE EXPENSES
Handling Fee`' 15%
Mileage $0.365 /Mile
Reproduction Single Side $0.08 /Copy
Reproduction Two -Side $0.11 /Copy
Reproduction 11x17 $0.27 /Copy
Visual Simulation / Hour $30 /Hour
CADD/Computer Time / Hour $30 /Hour
Deliveries / Hour $35 /Hour
Includes report printing/reproduction, graphic aids, travel (airfare, meals, etc.), fees by government bodies,
computer services, photography, subcontract services, postage, telephone, and delivery.
Accounts are due and payable within 30 days of the date of the invoice. Past due accounts will have a finance
charge of 1.25% per month compounded.
All rates may be subjected to change at such time as adjustments are made as a result of agreements, salary
adjustments, and increased business expenses.
RVPUBWGS\544364 C-2
cc=15d
Cotton/Bridges/Associates
A Division of PBD Consultants
SCHEDULE OF FEES
COTTON / BRIDGES / ASSOCIATES
HOURLY LABOR RATES
PRINCIPALS:
15%
VISUAL SIMULATION
ENVIRONMENTAL PLANNERS
MILEAGE
PRINCIPAL -IN -CHARGE
$165 -
$205
SR. ENV PLANNER
$100 -
$115
$35 /HOUR
REPRODUCTION TWO -SIDE
$0.11 /COPY
ENV. PLANNER
$90 -
$105
PROJECT MANAGERS:
SR. RESEARCHER
$80 -
$95
PROJECT MANAGER
$120 -
$150
RESEARCHER
$70 -
$85
TECHNICIAN
$50 -
$65
URBAN PLANNERS:
SENIOR URBAN PLANNER
$100 -
$115
GRAPHICS
URBAN PLANNER
$70 -
$100
SR. GRAPHICS
$55 -
$70
SR. PLANNING TECHNICIAN
$60 -
$75
GRAPHICS
$40 -
$55
PLANNING TECHNICIAN
$55 -
$65
MAPPING TECHNICIAN
$50 -
$65
OTHER STAFF
WORD PROCESSING
$60 -
$75
ADMIN SUPPORT
$60 -
$75
REIMBURSABLE EXPENSES
HANDLING FEE*
15%
VISUAL SIMULATION
$30 /HOUR
MILEAGE
$0.375 /MILE
CADD/COMPUTER TIME
$30 /HOUR
REPRODUCTION SINGLE SIDE
$0.08 /COPY
DELIVERIES
$35 /HOUR
REPRODUCTION TWO -SIDE
$0.11 /COPY
REPRODUCTION 11x17
$0.27 /COPY
GOVERNMENT BODIES, COMPUTER SERVICES, PHOTOGRAPHY, SUBCONTRACT SERVICES, POSTAGE, TEL AND
B
FINANC-E CHARGE OF 1.25% PER MONTH COMPOUNDED.
GREEMENTS, SALARY ADJUSTMENTS, AND INCREASED BUSINESS EXPENSES.
SATES EFFECTIVE THRU, 12131104
f., ,D
'AZUSA
Informational Item
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KING F. DAVIS, CHIEF OF POLICE
VIA: JULIE A. GUTTIERREZ, CITY MANAGER ,,'4 ►
DATE: November 1, 2004
SUBJECT: Police Department's Hybrid End of Shift Review
RECOMMENDATION
It is recommended that the City Council receive and file this report for future
reference.
BACKGROUND
On May 3, 2004 the City Council authorized a side letter to the affected
Memorandums of Understanding (MOU's) for the Azusa Police Officers
Association (APOA) and Azusa Police Management Association (APMA) to
accommodate the Police Department's summer deployment (i.e. May 23,
2004 through September 25, 2004) from a 4/10 to a Hybrid (i.e. 4/10 - 3/12.5
split) schedule. Council also requested an end of shift review to compare
statistical data in various areas from the 4/10 schedule of summer 2003 to this
summer's Hybrid schedule. A comparison of this statistical data is attached to
this report and is divided into three categories: patrol officer productivity
(includes traffic bureau), administrative analysis and the productivity of
Community Service Officers (CSO's) and part-time police aide.
Synopsis of Patrol Officer Productivity
There were modest increases in several patrol officer productivity dimensions
(i.e. self-initiated activities [action that is taken by one's own accord], traffic
stops and reports taken). Moreover, there was nearly a 25% increase in adult
arrests. It is likely that this significant increase in arrests is due, at least in part,
to the additional staffing that was available in the field for both pro-active and
reactive enforcement, the ability to deploy two-officer cars, and having better-
&fr 4 (i /` /Z`)OV
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rested personnel (e.g. officers were not forced to work a lot of overtime). The
increase in juvenile arrests was negligible. Field interview cards were reduced
by half as a result of the system to document these encounters was under
revision. The nearly 15% reduction in citations was the result of reducing the
number of hours the two reserve motor officers were allowed to work and the
fact that each of them were on vacation for a month during this time. The last
area reviewed, parking enforcement, was virtually unchanged.
Synopsis of Administrative Statistics
There was a slight increase in the use of sick leave (i.e. 33.5 hours); with four
reported injuries compared to last summer's two (one of these injuries was an
officer being diagnosed with cancer). Response times and the number of calls
for service were fairly consistent.
Council had expressed a concern regarding the number of citizen complaints
rising due to officers potentially becoming less tolerant based on fatigue while
working on the 3/12.5 shift; however, this was not an issue. In fact, complaints
were reduced from (7) in the summer of 2003 to only (1) this summer and
there were no officer involved collisions.
Synopsis of CSO/Part-time Police Aide Productivity
Also included in this report is statistical information for the CSO's and part-time
police aide. Due to a Dispatch Center vacancy, one CSO was required to work
as a dispatcher 50% of the time in order to avoid overtime replacement. That
CSO also did not work in the field for several weeks due to an injury. The part-
time police aide was also on vacation for several weeks. Hence, there was a
significant reduction in their self-initiated activity since they were not in the
field as often as last year (i.e. 359 or 56% fewer self-initiated events). Their
lack of availability resulted in them taking fewer reports and writing 150 less
parking tickets.
Conclusion
Overall, the Hybrid deployment was very successful as an option to the normal
summer schedule, which requires significant expenditure of overtime in order
to replace officers taking vacation on already thinly manned shifts. Increased
staffing levels on the Hybrid schedule occurs by reducing the overall number of
shifts from six to five, allowing the fielding of more officers on the 4th of July
without incurring as much overtime. The Hybrid schedule was well received by
the vast majority of officers and made much better use of our limited personnel
during the summer months when in-house training was not conducted.
Fiscal Impact
One of the most telling success stories of the Hybrid schedule was the fact that
there was a reduction in overtime of 1,241 hours, or 85%. Based on an average
APOA employee earning an overtime rate of $52.93 per hour, the overtime
reduction equaled $65,686.13. It should be noted that this total reduction in
summer overtime should not be considered a cost savings. This is due to the
fact that the Department was under-budgeted in overtime as the result of
increasing personnel costs and allocated overtime funds being reduced or held
constant over the last several years.
Report written by: Captain Sam Gonzalez
GP
AZUSA
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: NOVEMBER 1, 2004
SUBJECT: AMENDMENT OF THE 2005-2009 CAPITAL IMPROVEMENT PROJECT(CIP) BUDGET
AND TRANSFER OF FUNDS IN THE AMOUNT OF $28,332 FROM SLAUSON PARK
(42003E) TO PIONEER PARK (42003D)
RECOMMENDATION:
It is recommended that City Council authorize the amendment of the CIP 2004-2009 budget and
a transfer of CDBG funds in the amount of $28,332.00 from Slauson Park (42003E) to Pioneer
Park (42003D) for the purpose of completing and enhancing the Pioneer Park Restroom Project
and augmenting funding for future amenities at Pioneer Park.
BACKGROUND:
The Pioneer Park Restroom Project was funded at $270,000.00. The amended contract with
contractor Jergensen Construction currently stands at $265,200.00. Additional expenditures in
the project include the unanticipated replacement of a new ADA accessible concrete walk way
leading up to the facility, installation of a safety curbing around the windmill on site, and fire
grading that was omitted from the initial project plans. In addition the following will be enhanced
with the mosaic tile renderings citing our City's history. These tiles were eliminated from the
project initially due to budget constraints, but will add to the aesthetics of the project.
It has become possible to transfer these funds due to the fact that $29,000.00 in CDBG Funds
previously targeted for Atlantis Gardens are available for reappropriation. The Atlantis Gardens
project (D60653) is being defunded and replaced with a neighborhood tree planting strategy that
would have more impact on the area.
FISCAL IMPACT:
There is no negative fiscal impact as there are no additional funds utilized in this transaction.
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