Loading...
HomeMy WebLinkAbout2019 CON The Altum Group - Westside Specific Plan Professional ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP THIS AGREEMENT is entered into on this 7th day of May 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE ALTUM GROUP, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. WHEREAS, the CITY has determined that the CONSULTANT is a multi -disciplinary consulting firm with expertise in planning, environmental, engineering, survey, and geographic information systems and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on May 7, 2019. The duration of this Agreement is for a period of one year. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform those amortization - related services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Raymundo Pe hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Chris D. Moore thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $70,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Standard Agreement Page 2 of 12 City of National City and Revised February 2019 The Altum Group The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of Standard Agreement Page 3 of 12 City of National City and Revised February 2019 The Altum Group this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of Standard Agreement Page 4 of 12 Revised February 2019 The Altum Group City of National City and information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Standard Agreement Page 5 of 12 Revised February 2019 The Altum Group City of National City and 16.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, scheduled, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate with a $3,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. Standard Agreement Page 6 of 12 Revised February 2019 The Altum Group City of National City and D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the CITY modify the insurance requirements to increase the CONSULTANT'S insurance coverage requirements, then the CITY shall compensate the CONSULTANT for the reasonable cost of the increased insurance coverage requirements. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage Standard Agreement Page 7 of 12 City of National City and Revised February 2019 The Altum Group 3 or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by Standard Agreement Page 8 of 12 City of National City and Revised February 2019 The Altum Group overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Raymundo Pe Principal Planner Planning Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Chris D. Moore, AICP, ENV SP Planning & Environmental Planning Manager The Altum Group 6265 Greenwich Drive, Suite 215 San Diego, CA 92122 Doug Franklin, P.E. Vice President The Altum Group 73-710 Fred Waring Drive, Suite 219 Palm Desert, CA 92260 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The Standard Agreement Page 9 of 12 City of National City and Revised February 2019 The Altum Group CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement Page 10 of 12 City of National City and Revised February 2019 The Altum Group I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement Page 11 of 12 City of National City and Revised February 2019 The Altum Group IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CIT By: Al jandr Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney THE ALTUM GROUP, A CALIFORNIA ORPORATION (Corporation — signatures of two corporate officers required) By: (Name) Y4t,ciMeI A . Pyak%1 (Print) f ✓L Ice h (Title) By U __Q, Standard Agreement Page 12 of 12 Revised February 2019 The Altum Group (Name) Dpva 1--ron)L),1,, (Print) V ce PreSi d rn 3- (Title) City of National City and 301- Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 1 INTRODUCTION img""""' The Altum Group The Altum Group (Altum) has responded to the Request for Proposal (RFP) by the City of National City (City) for assistance in the implementation of amortization of nonconforming land uses within the Westside Specific Plan Area. The purpose of the project is to identify up to five nonconforming properties that meet the criteria for amortization. Amortization of up to 5 properties would help the City in their effort to reestablish the Westside Specific Plan Area as a safe, healthy, and vibrant neighborhood. In response to this RFP, Altum has reviewed the Westside Specific Plan, the process for Amortization as established by the City in 2006 under Municipal Code Section 18.11.100(D), the process leading up to the 2013 hearing that led to two nonconforming uses being identified within the City, and the recently identified 150 properties associated with the current study. Additionally, Altum staff has discussed the project requirements with Ray Pe (National City — Principal Planner) and understands the need for evaluation of non -conforming properties within the Westside Specific Plan project area. This resulted in a reduction from 150 properties to 129 properties for review, within the Westside Specific Plan. Finally, Altum has revised this scope and fee proposal based upon further communication and guidance from Ray Pe, Principal Planner with the City. Altum has provided the following Scope of Services to address the City's needs for the project. SCOPE OF SERVICE Altum proposes to complete Tasks 1 through 6 as detailed below. Also, if authorized by the City, Altum will complete Tasks 7 and 8 as optional tasks Task 1: Project Kick -Off Meeting and Project Management Two Altum Staff members will attend a Project Kick -Off Meeting which will be held shortly following an executed contract and a notice to proceed. At the Kick-off meeting, we will discuss the scope of work and schedule to complete the work, as well as data needs, research methods, and communication protocols to be used during the project. Altum's project manager will coordinate with City staff throughout the seven -month duration of the project. The project manager's coordination will include, contract administration, file management, QA/QC of deliverables, budget tracking, and invoicing. This also includes the development and preparation of a detailed project schedule. Deliverables for this task will include: Meeting Agenda (MS Word and PDF) Kick-off Meeting Minutes (MS Word and PDF) Project Schedule — (MS Project and PDF) Task 2: Data Research At the beginning of this task, Altum's project manager and one (1) staff member will attend one (1) working meeting of no more than two (2) hours with City staff to review data collection methods used during prior amortization studies. During this meeting, City staff will share details regarding sources and methods of data collection, which outside governmental agencies and third parties should be contacted, as well as City P: l proposals l proposals-20181 P2196 National City - Amortization Non -Conforming Uses l correspondence l documents 1 proposals l Revised Proposal March 2019\Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 2 The E14.'Prei Group departments should be contacted for the purpose of data collection. City staff will provide an overview generally regarding how data was collected in previous amortization of non -conforming uses studies that have been conducted in the past. After the working meeting (detailed above) has been completed, Altum will begin its research by developing a GIS database of all 129 identified properties (as provided by the City) in the Westside Specific Plan area by collecting the necessary GIS shapefiles and parcel data available from the City and from the San Diego Association of Governments (SANDAG). The parcel data will be supplemented by data that Altura will gather from the City, including business violations, code violations, impacts to public infrastructure, and improper use of business properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. In addition, Altum will integrate data from outside governmental agencies, third parties, and City departments as agreed upon by the City and Altum during the kick-off meeting and the working meeting (detailed above). Altum will coordinate communications via telephone or email with outside governmental agencies, third parties and City departments for the request of status of permits, licenses (if any required) and violations (if any cases) for all subject properties (maximum of 129 properties) scheduled for research. Altum will conduct such telephone and email communication with a maximum of four (4) outside governmental agencies or third parties and a maximum of four (4) City departments (for a maximum of eight [8] entities that will be contacted). Should Altum be required to communicate with additional outside governmental agencies, third parties, or City departments (beyond the eight [8] entities), then Altum can provide such additional communication and coordination for an additional scope and fee. Outside governmental agency, third party, and City department information obtained by Altum will be incorporated into Altum's analysis of the maximum 129 identified properties. The GIS database will be confined to the 129 properties previously identified. If it is determined that a selected property is no longer applicable as a non -conforming use, then that property will be removed from the selection list and, if requested by the City, replaced with another non -conforming candidate property. Following development of the GIS database, Altum will use aerial imagery to review each Property in the Westside Specific Plan area to compare existing land use with current zoning, general plan land use designation, and specific plan land use designation, as well as the locations of applicable building permits, variances, code complaints, code violations, and court records. Properties where the existing use (as seen in the aerial imagery) does not match with zoning or general plan land uses will be identified and further reviewed regarding history of code violations, complaints, business licenses, and permit data. This effort will be followed up with preparation of a list and map of potential properties for field survey. Altum will review existing and applicable documentation and regulations as provided by the City. Information to be reviewed includes the Municipal Code as applicable to the properties located in the Westside Specific Plan, the Westside Specific Plan, and accompanying development standards, any available previous research conducted for this amortization process by other firms (to be provided by the City), and the current City of National City General Plan. This information will provide the foundation for project analysis. P: I proposals t proposals-2018l P2196 National City - Amortization Non -Conforming Uses 1 correspondence l documents l proposals I Revised Proposal March 20191 Exhibit A - Amortization -National City Proposal _3-25-19_Revl.docx Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 3 Deliverables for this task will include: The EGroup GIS database — Shape files of properties in the Westside Specific Plan area with layers of data gathered from the City and other relevant agencies. Non -Conforming Uses List and Map — This list and map (in Digital Format) will be determined from analysis of imagery, zoning, permits and other data gathered from the City and other relevant agencies. Task 3: Field Surveys and Review Altum will perform on -site surveys of the 129 Non -Conforming uses (as identified by the City) which will include photo documentation of the properties. Altum will then collect data and research information relating to business licenses, business violations, code violations, and the improper use of properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. Altum assumes the City will provide such data for Altum to use. Data collected will be used to assess and rank Non - Conforming uses based on the criteria identified in the 2011 EPA report, "NATIONAL CITY, CALIFORNIA, Recommendations for Ranking Properties with Non -Conforming Uses in the Westside Specific Plan Area." Altum will recommend to the City up to ten (10) properties for amortization, followed by coordination with the Property Valuation Consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code, Section 18.11.100(D) which outlines the Termination Procedure through Amortization. Using the list of properties developed in Task 2, Altum will perform field surveys to confirm non -conforming uses and gather additional information for the identified properties in the Westside Specific Plan area that was not obtained in Task 2. Zoning verification, measurements, and photographs will be gathered to support the non -conforming ranking efforts. Following completion of the field surveys, two Altum staff will have one (1) teleconference call with the City to discuss the results. Deliverables for this task will include: Non -Conforming Properties List and Map - List and map of surveyed Non -Conforming properties and information gathered for each property within the Westside Specific Plan area. Teleconference - One (1) teleconference with City Staff to discuss results of the field survey. Task 4: Draft Ranking of Non -Conforming Uses Using the results of Tasks 2 and 3 above, Altum will perform a draft ranking of non -conforming uses based on the criteria identified in the 2011 EPA report guidelines for ranking non -conforming uses. Following development of the draft rankings, Altum will provide the City with the draft rankings memorandum. Deliverables for this task will include: Draft Ranking Memorandum - Draft ranking list of up to 129 Non -Conforming properties with criteria used (MS Word and PDF). P: I proposals proposals-20181 P2196 National City - Amortization Non -Conforming Uses icorrespondence l documents l proposals 1 Revised Proposal March 20191 Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 4 The GGroup Task 5: Final ranking of Non -Conforming uses After City review of Draft Ranking Memorandum, Altum will have one (1) teleconference to coordinate with the City on preparation of the Final Ranking Memorandum. Altum will respond to one round of City comments on the Draft Ranking Memorandum and will prepare the Final Ranking Memorandum accordingly. This scope assumes that City staff will be responsible for any Public Hearing requirements as required by the City of National City and/or the State of California. Deliverables for this task will include: Final Ranking Memorandum- Provision of a list of the identified Non -Conforming uses in the Westside Specific Plan area (MS Word and PD). Task 6: Amortization Schedule for Five Non -Conforming Properties In this task, Altum will coordinate with the City and property valuation consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code Section 18.11.100(D), Affirmative Termination by Amortization. Under this Task, Altum will set aside the availability for one (1) Team Member to attend a total of one (1) meeting with City Staff and Property Owners. Deliverables for this task will include: Amortization Schedule for Five Non -Conforming Properties - Memorandum that outlines schedule for amortization for up to five (5) Non -Conforming use properties (MS Word and PDF). OPTIONAL TASKS If authorized by the City, Altum will complete the following optional tasks for an additional fee (as detailed in the Fee Schedule section, Optional Task subsection below). Task 7: Presentation to Planning Commission (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) Planning Commission Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. Task 8: Presentation to City Council (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) City Council Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. PROPfSFF) Cf HF )UI_ The project is anticipated to take no longer than seven months to complete based on City approval for Tasks 1 through 6. Please see the attached schedule that provides further information for each task's estimated timing. P: I proposals proposals-20181 P2196 National City - Amortization Non -Conforming Uses l correspondence l documents l proposals 1 Revised Proposal March 2019tExhibit A - Amortization -National City Proposal 3-25-19_Revl.docx Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 5 ASSUMPTIONS ANu tx ,LUSa) The EGroup The following list is not intended to be all-inclusive. If there are items deemed incorrect or necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. 1. The Project Analysis will involve a total of 129 candidate properties being considered for potential amortization, as provided by the City of National City for Altum to review; 2. All project services not specifically described herein will require a separate proposal and executed contract/amendment, prior to performing said additional services; 3. Access to the subject properties for field survey is clear, or the property owner(s)/business owner(s) will give authorization for personnel to access each property; 4. If it is determined in agreement between the City and Altum that a selected property is no longer applicable as a Non -Conforming use, then that property will be removed from the selection list and if available, replaced with another Non -Conforming candidate property within the Westside Specific Plan Area to be evaluated for amortization; and 5. Optional Tasks 7 and 8 to only be performed if the City determines that Altum staff presence is needed for one (1) Team member to attend one (1) Planning Commission hearing and/or at one (1) City Council held hearing. These Optional Tasks will require additional Scope and Fee. The following summarizes Altum's Fees for Tasks 1 through 6 as described in our Scope of Services above. We have also included Tasks 7 and 8 as optional services, should the City be interested. All tasks are to be performed on a time and materials (T&M) basis. Please note Altum's Fee Schedule located in Appendix A. Services proposed for the Amortization of Non -Conforming Uses TASK 1 Project Kick -Off Meeting and Project Management $ 4,394 TASK 2 Data Research $ 19,930 TASK 3 Field Surveys and Review $ 18,244 TASK 4 Draft Ranking of Non -Conforming Uses Memo $ 11,778 TASK 5 Final Ranking of Non -Conforming Uses Memo $ 3,286 TASK 6 Amortization Schedule for Five Non -Conforming Properties $ 1,425 Direct Costs $ 6,800 CONTRACT TOTAL $ 65,857 Optional Services TASK 7 Presentation to Planning Commission $ 1,625 TASK 8 Presentation to City Council $ 1,625 P: iproposalstproposals-20181P2196 National City - Amortization Non -Conforming Useslcorrespondence\documentslproposalslRevised Proposal March 2019l Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx APPENDIX A Fee Schedule City of National City March 25, 2019 DESCRIPTION Position Title Rate Hours/$ Total Task 1: Project kick-off/working Session Chris Moore Director $195 12 $ 2,340.00 Rich Malacoff Project Manager $152 7 $ 1,064.00 Max Antono Assistant Planner $90 11 $ 990.00 Total Task 41 $ 4,394.00 Task 2: Data research 14 $ 2,730.00 Chris Moore Director $195 Rich Malacoff Project Manager $152 22 $ 3,344.00 Taku Shiozaki Planner $116 28 $ 3,248.00 Doug Kinley Planner $116 48 $ 5,568.00 Max Antono Assistant Planner $90 56 $ 5,040.00 Total Task #2 $ 19,930.00 Task 3: Field Surveys and Review Chris Moore Director $195 10 $ 1,950.00 Rich Malacoff Project Manager $152 12 $ 1,824.00 Taku Shiozaki Planner $116 20 $ 2,320.00 Max Antono Assistant Planner 590 135 $ 12,150.00 Total Task #3 $ 18,244.00 task 4: Draft ranking of nonconforming uses Chris Moore Director $195 12 $ 2,340.00 Rich Malacoff Project Manager $152 16 $ 2,432.00 Doug Kinley Planner $116 16 $ 1,856.00 Taku Shiozaki Planner $116 25 $ 2,900.00 Max Antono Assistant Planner $90 25 $ 2,250.00 Total Task #4 $ 11,778.00 Task 5: Final ranking of nonconforming uses. _ Chris Moore Director $195 6 $ 1,170.00 Rich Malacoff Project Manager $152 8 $ 1,216.00 Max Antono Assistant Planner 590 10 $ 900.00 Total Task 45 $ 3,286.00 ask 6: Meetings/interviews with City and Valuation Property Consultant. Chris Moore Director $195 5 $ 975.00 Max Antono Assistant Planner $90 5 $ 450.00 Total Task tf6 $ 1,425.00 Direct Costs. Direct Costs $ 6,800.00 Total $ 6,800.00 (Optional) Task 7: Presentation to Planning Comission. Chris Moore Director $195 5 $ 975.00 Max Antono Assistant Planner $90 5 $ 450.00 Direct Costs $200 Total Task 47 $ 1,625.00 (Optional) Task 8: Presentation to City Council. Chris Moore Director $195 5 $ 975.00 Max Antono Assistant Planner $90 5 $ 450.00 Direct Costs $200 Total Task #8 $ 1,625.00 $ 65,857.00 P:\proposals\proposals-2018\P2196 National City - Amortization Non -Conforming Uses \ correspondence \ documents \ proposals \Revised Proposal_March 2019\Revised Amortization Preliminary Cost Proposal_3-25-19 2019 City of National City Schedule for Amortization of Non -Conforming Uses Months Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Task 1 Project Kick-off Task 2 Data Research -1 ( Task 3 I Field Surveys an I Task 4 Draft Ranking of Non -Conforming Uses Task 5 Final Ranking of Non -Conforming Uses Task 6 Meetings with City and Property/Business Owners Task 7 Meeting Interviews with City and Property Valuation Consultant/Business Owners AR 0� CERTIFICATE OF LIABILITY INSURANCE DATE /Y 01 /17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to tho terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER Ascend Insurance Agency 36917 Cook St. Ste 101 Palm Desert, CA 92211 License #: OF44130 CONTACT NAME: Ana Santos PHONE 760 3413477 FAX �Q mot'- i ) �iac. Nei 760 341-3478 l ) E-MAIL ADDRESS: T • __ _ INSURER (S)AFFORDING COVERAGE NAIC# INSURER A: /alley Forge ins n nce Company 20508 INSURED The Altum Group 73710 Fred Waring Dr, Ste 219 Palm Desert, CA 92260-2574 INSURER a: Cailfornia Automobile Insurance Compaq 38342 INSURERC: Continental Casualty Company 20443 INSURER D: Wesco insurance Company 15011 INSURER E: Argonaut Insurance Company 19801 INSURER F : • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBR NIVD POUCY NUMBER POLICY EFF (MMiDD/YYYY) POLICY EXP fMWDO/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y B 4018212239 05/01/2018 05/01/2019 EACH OCCURRENCE S 2,000,000 CLAIMS -MADE I X I OCCUR DAMAGE TO NTED PREMISES EaEoccu encel S 300,000 X Business Pers Prop MED EXP (Any one person) S 10,000 PERSONAL 8 ADV INJURY s 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 P POLICY I Xi jECT Li LOC PRODUCTS - COMP/OPAGG S 4,000,000 OTHER BPP Limit s 114,199 B AUTOMOBILE UABIUTY Y BA040000023543 09/01/2018 09/01/2019 COMBd EaDISINGLE LIMIT $ 1,000,000 ANY AUTO _ OWNED ' SCHEDULED BODILY INJURY Per ( person) S BODILY INJURY (Per accident) S __. AUTOS ONLY [X gIJTO$ 1 � NON-OVvNEO HIRED LX_; AUTOS ONLY _X AUTOS ONLY t PROPERTY DAMAGE (Per accident) S I I S C X UM,BRELLAUAB t XI OCCUR B 4018213150 05/01/2018 05/01/2019 EACH OCCURRENCE S 3,000,000 EXCESS UAB I I CLAIMS -MADE AGGREGATE S 3,000,000 DED I X I RETENTIONS 10,000 S D ANDWORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y WWC3343560 05/07/2018 05/07/2019 X STgTUTf; ERH OFFICER/MEM PROPRIETOER EXCLUDED? UDED? ECUTVE N N / A E.L. EACH ACCIDENT S 1,000,000 (Mandatory In NH) If desaibe under E.L. DISEASE - EA EMPLOYEE S 1,000,000 von. E.L. DISEASE - POUCY LIMIT S 1,000,000 A Inland Marine B 4018212239 05/01/2018 05/01/2019 Scheduled Limit 109,308 E Professional Liab 121 AE 0001081-00 06/23/2018 06/23/2019 Per Occuronce Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Romarf,e Schedule, may be attached If more apace is required) Certificate holder, The City of National City, its elected officials, officers, agents, and employees, Is named as additional Insured as it pertains to General Liability and Automobile Liability. Waiver of Subrogation Applies to the Worker Compensation Liability in favor of Certificate Holder. ALL PROJECTS/LOCATIONS CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY,pROVIS(ONS. AUTHORIZED REPRES (ACS) QW088-2015 AC+ORD CORPOxi, 'f"ION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by ACS on January 17, 2019 al 04:45PM 91 CNA Policy #164018212239 Effective 05/01/2018 The Altum Group ADDITIONAL INSURED • DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE SB300113D (Ed. 6-16) Name Of Person Or Organization: The City of National City, its elected officials, officers, agents, and employees Information required to complete thls Schedule, if not shown on thls endorsement, will be shown in the Declarations. it Is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following; A. The person or organization shown in the Schedule is an insured, but only with respect to such person or organization's liability for "bodily injury," "property damage" or 'personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with premises owned by or rented to you. B. However, if coverage for the additional Insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." Any coverage granted by this endorsement shell apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. SB300113D (Ed. 6-16) Page 1 of 1 Copyrtght, CNA Al Rights Reserved. POLICY NUMBER: BA040000023543 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Altum Group Endorsement Effective Date: 01/17/2019 SCHEDULE Name Of Person(s) Or Organization(s): The City of National City, its elected officials, officers, agents, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right To recover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work described In the Schedule. The additional premium For this endorsement shall be 2% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it Is attached and Is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 5/7/2018 Policy No. WWC3343560 Insured THE ALTUM GROUP (A CORP) Insurance Company Wesco Insurance Company Countersigned WC 04 03 06 (Ed. 04-84) dorsement No. 0 Premium $ 21874 RESOLUTION NO. 2019 - 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP FOR PROFESSIONAL SERVICES WITH A NOT -TO - EXCEED AMOUNT OF $70,000 TO IMPLEMENT THE AMORTIZATION OF NONCONFORMING USES WITHIN THE WESTSIDE SPECIFIC PLAN WHEREAS, on January 25, 2018, the City released a request for proposals for professional services to implement the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT"); and WHEREAS, the Altum Group (the "CONSULTANT") was the only responding firm to submit a proposal by the deadline of March 12, 2018; and WHEREAS, the CONSULTANT proposal preliminary budget exceeded the amount of City funds budgeted for the consultant services for the PROJECT; and WHEREAS, the CITY and CONSULTANT met and conferred to revise the scope and cost to not exceed the CITY's budget; and WHEREAS, the CONSULTANT submitted a final revised proposal on March 25, 2019 with a total budget of $69,107, including optional tasks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an agreement by and between the City of National, ity and The Altum Group with a not to exceed amount of $70,000. The agreement is on f. 'in t' e Office the City Clerk. PASSED and ADOPTED this 7th d elanlis, Mayor ATTEST: Michael R. Ila, i y Clerk APPROVED AS TO FORM: orris- one Ci,-'`Attorney Passed and adopted by the Council of the City of National City, California, on May 7, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-68 of the City of National City, California, passed and adopted by the Council of said City on May 7, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: 25 ITEM TITLE: A Resolution of the City Council of the City of National City approving an agreement by and between the City of National City and The Altum Group for professional services with a not -to -exceed amount of $70,000 to implement the amortization of nonconforming uses within the Westside Specific Plan. (Planning) PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: PI PHONE: 619-336-4421 APPROVED BY: EXPLANATION: On January 25, 2018, the City released a request for proposals for professional services to implement the amortization of nonconforming uses within the Westside Specific Plan area. The Altum Group was the only responding firm to submit a proposal by the deadline of March 12, 2018. Subsequent negotiations between the City and the Altum Group resulted in a revised scope and reduced cost to not exceed the City's budget. The consultant submitted a final revised proposal on March 25, 2019 with a total budget of $69,107, including optional tasks. Staff is recommending approval of the agreement with a not -to -exceed amount of $70,000. "NANCIAL STATEMENT: 3COUNT NO. 0001-409-000-650-9040 APPROVED: FINANCE APPROVED: MIS Budgeted funds in the amount of $50,000 are available for consultant services for amortization in the current FY18/19, and an amount of $50,000 is proposed to be budgeted for the following FY19/20. The scope of services is anticipated to require seven months and will span the two fiscal years. ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION I1 FINAL ADOPTION I Not applicable. STAFF RECOMMENDATION: Adopt the resolution approving the agreement. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Background. 2. Agreement. 3. Resolution. RtS72-0. a /1-6ff BACKGROUND In 2006, the City Council adopted an ordinance (Municipal Code Section 18.11.100.D) providing for the termination of nonconforming uses through amortization. Amortization periods allow for the property/business owner to recover their investment in the use/business. The City Council adopted the Westside Specific Plan in 2010 with new zoning that resulted in the creation of a number of nonconforming uses that had been established under previous zoning, i.e. many commercial and industrial uses that were previously allowed became nonconforming under the specific plan and new zones. In 2011, the City Council approved a ranking process for nonconforming uses that was developed for the City by the United States Environmental Protection Agency. In 2012, the ranking process was used to create a list of nonconforming uses within the Westside Specific Plan. After public hearings in 2013, the Planning Commission recommended and the City Council approved amortization periods for two nonconforming uses. In 2015, the property and business owners of the two uses complied with the City Council orders to terminate the nonconforming uses. In April of 2016, the City Council directed staff to proceed with an update of the ranking and to continue with the amortization of up to five nonconforming uses within the Westside Specific Plan. The City retained Tierra West Advisors, Inc. as the consultant; TWA had also been the consultant used for the previous completed amortization effort. A draft ranking was completed in November of 2016 and released in January of 2017 for a 60- day public review period. In March of 2017, the City and TWA came into disagreement as to the acceptability of the work product completed and as to the remaining scope and budgeted costs under the agreement. The City and TWA were unable to reach agreement on the remaining tasks and deliverables during several months of discussions. In July of 2017, a notice of acceptability was served to TWA addressing and directing completion of the outstanding work tasks and deliverables. To date, TWA has not complied with the notice or the terms of the agreement and has been nonresponsive to the City's requests. Staff determined that working with TWA under the agreement was no longer feasible. In January of 2018, the City released a request for proposals for consultant services to implement a renewed amortization effort. The Altum Group was the only responding firm, submitting a proposal in March of 2018; however, the proposal's preliminary budget exceeded the amount of City funds allocated for the program. The City and Altum Group subsequently conferred and negotiated a revised scope and budget that is acceptable to staff. The final revised proposal was submitted on March 25, 2019. 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP THIS AGREEMENT is entered into on this 7th day of May 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE ALTUM GROUP, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. WHEREAS, the CITY has determined that the CONSULTANT is a multi -disciplinary consulting firm with expertise in planning, environmental, engineering, survey, and geographic information systems and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on May 7, 2019. The duration of this Agreement is for a period of one year. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform those amortization - related services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 2 and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Raymundo Pe hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Chris D. Moore thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $70,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY. and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Standard Agreement City of National City and Revised February 2019 3 The Altum Group The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of Standard Agreement City of National City and Revised February 2019 4 The Altum Group f7l/ q- this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of Standard Agreement City of National City and Revised February 2019 5 The Altum Group information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Standard Agreement City of National City and Revised February 2019 6 The Altum Group S1- 16.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, scheduled, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate with a $3,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. Standard Agreement City of National City and Revised February 2019 7 The Altura Group D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A: Vll according to the current 13est's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the CITY modify the insurance requirements to increase the CONSULTANT'S insurance coverage requirements, then the CITY shall compensate the CONSULTANT for the reasonable cost of the increased insurance coverage requirements. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage Standard Agreement City of National City and Revised February 2019 8 The Altum Group or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by Standard Agreement City of National City and Revised February 2019 9 The Altum Group overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Raymundo Pe Principal Planner Planning Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Chris D. Moore, AICP, ENV SP Planning & Environmental Planning Manager The Altum Group 6265 Greenwich Drive, Suite 215 San Diego, CA 92122 Doug Franklin, P.E. Vice President The Altum Group 73-710 Fred Waring Drive, Suite 219 Palm Desert, CA 92260 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The Standard Agreement City of National City and Revised February 2019 10 The Altum Group CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Ageement City of National City and Revised February 2019 11 The Altura Group I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement City of National City and Revised February 2019 12 The Altum Group IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Robe M. Contreras Deputy City Attorney THE ALTUM GROUP, A CALIFORNIA CORPORATION (Corporation - signatures of nvo corporate officers required) Mtd 4t C, A. R m (Print) r 1YL5id1 (Title) By: (Name) ODJ CY 1141 h (Print) J Vt ce f red cl'v- (Title) Standard Agreement City of National City and Revised February 2019 13 The Altum Group "Anz Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 1 INTRODUCTION mi"'m"'" The 2 E Altum Group The Altum Group (Altum) has responded to the Request for Proposal (RFP) by the City of National City (City) for assistance in the implementation of amortization of nonconforming land uses within the Westside Specific Plan Area. The purpose of the project is to identify up to five nonconforming properties that meet the criteria for amortization. Amortization of up to 5 properties would help the City in their effort to reestablish the Westside Specific Plan Area as a safe, healthy, and vibrant neighborhood. In response to this RFP, Altum has reviewed the Westside Specific Plan, the process for Amortization as established by the City in 2006 under Municipal Code Section 18.11.100(D), the process leading up to the 2013 hearing that led to two nonconforming uses being identified within the City, and the recently identified 150 properties associated with the current study. Additionally, Altum staff has discussed the project requirements with Ray Pe (National City — Principal Planner) and understands the need for evaluation of non -conforming properties within the Westside Specific Plan project area. This resulted in a reduction from 150 properties to 129 properties for review, within the Westside Specific Plan. Finally, Altum has revised this scope and fee proposal based upon further communication and guidance from Ray Pe, Principal Planner with the City. Altum has provided the following Scope of Services to address the City's needs for the project. SCOPE OF SERVICES Altum proposes to complete Tasks 1 through 6 as detailed below. Also, if authorized by the City, Altum will complete Tasks 7 and 8 as optional tasks Task 1: Project Kick -Off Meeting and Project Management Two Altum Staff members will attend a Project Kick -Off Meeting which will be held shortly following an executed contract and a notice to proceed. At the Kick-off meeting, we will discuss the scope of work and schedule to complete the work, as well as data needs, research methods, and communication protocols to be used during the project. Altum's project manager will coordinate with City staff throughout the seven -month duration of the project. The project manager's coordination will include, contract administration, file management, QA/QC of deliverables, budget tracking, and invoicing. This also includes the development and preparation of a detailed project schedule. Deliverables for this task will include: • Meeting Agenda (MS Word and PDF) • Kick-off Meeting Minutes (MS Word and PDF) ▪ Project Schedule — (MS Project and PDF) Task 2: Data Research At the beginning of this task, Altum's project manager and one (1) staff member will attend one (1) working meeting of no more than two (2) hours with City staff to review data collection methods used during prior amortization studies. During this meeting, City staff will share details regarding sources and methods of data collection, which outside governmental agencies and third parties should be contacted, as well as City P:\proposalsproposals-20181P2196 National City - Amortization Non -Conforming Useslcorrespondenceldocumentsl proposals\Revised Proposal March 20191 Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx 14 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 2 7G The Altum Group departments should be contacted for the purpose of data collection. City staff will provide an overview generally regarding how data was collected in previous amortization of non -conforming uses studies that have been conducted in the past. After the working meeting (detailed above) has been completed, Altum will begin its research by developing a GIS database of all 129 identified properties (as provided by the City) in the Westside Specific Plan area by collecting the necessary GIS shapefiles and parcel data available from the City and from the San Diego Association of Governments (SANDAG)- The parcel data will be supplemented by data that Altum will gather from the City, including business violations, code violations, impacts to public infrastructure, and improper use of business properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. In addition, Altum will integrate data from outside governmental agencies, third parties, and City departments as agreed upon by the City and Altum during the kick-off meeting and the working meeting (detailed above). Altum will coordinate communications via telephone or email with outside governmental agencies, third parties and City departments for the request of status of permits, licenses (if any required) and violations (if any cases) for all subject properties (maximum of 129 properties) scheduled for research. Altum will conduct such telephone and email communication with a maximum of four (4) outside governmental agencies or third parties and a maximum of four (4) City departments (for a maximum of eight [8] entities that will be contacted). Should Altum be required to communicate with additional outside governmental agencies, third parties, or City departments (beyond the eight [8] entities), then Altum can provide such additional communication and coordination for an additional scope and fee. Outside governmental agency, third party, and City department information obtained by Altura will be incorporated into Altum's analysis of the maximum 129 identified properties. The GIS database will be confined to the 129 properties previously identified. If it is determined that a selected property is no longer applicable as a non -conforming use, then that property will be removed from the selection list and, if requested by the City, replaced with another non -conforming candidate property. Following development of the GIS database, Altura will use aerial imagery to review each Property in the Westside Specific Plan area to compare existing land use with current zoning, general plan land use designation, and specific plan land use designation, as well as the locations of applicable building permits, variances, code complaints, code violations, and court records. Properties where the existing use (as seen in the aerial imagery) does not match with zoning or general plan land uses will be identified and further reviewed regarding history of code violations, complaints, business licenses, and permit data. This effort will be followed up with preparation of a list and map of potential properties for field survey. Altum will review existing and applicable documentation and regulations as provided by the City. Information to be reviewed includes the Municipal Code as applicable to the properties located in the Westside Specific Plan, the Westside Specific Plan, and accompanying development standards, any available previous research conducted for this amortization process by other firms (to be provided by the City), and the current City of National City General Plan. This information will provide the foundation for project analysis. P:\proposals\proposals-20181P2196 National City - Amortization Non -Conforming Usescorrespondenceidocumentslproposals\Revised Proposal March 2019\Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx 15 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 3 Deliverables for this task will include: """"m"'" The a L Altum Group • GIS database — Shape files of properties in the Westside Specific Plan area with layers of data gathered from the City and other relevant agencies. • Non -Conforming Uses List and Map — This list and map (in Digital Format) will be determined from analysis of imagery, zoning, permits and other data gathered from the City and other relevant agencies. Task 3: Field Surveys and Review Altum will perform on -site surveys of the 129 Non -Conforming uses (as identified by the City) which will include photo documentation of the properties. Altum will then collect data and research information relating to business licenses, business violations, code violations, and the improper use of properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. Altum assumes the City will provide such data for Altum to use. Data collected will be used to assess and rank Non - Conforming uses based on the criteria identified in the 2011 EPA report, "NATIONAL CITY, CALIFORNIA, Recommendations for Ranking Properties with Non -Conforming Uses in the Westside Specific Plan Area." Altum will recommend to the City up to ten (10) properties for amortization, followed by coordination with the Property Valuation Consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code, Section 18.11.100(D) which outlines the Termination Procedure through Amortization. Using the list of properties developed in Task 2, Altum will perform field surveys to confirm non -conforming uses and gather additional information for the identified properties in the Westside Specific Plan area that was not obtained in Task 2. Zoning verification, measurements, and photographs will be gathered to support the non -conforming ranking efforts. Following completion of the field surveys, two Altum staff will have one (1) teleconference call with the City to discuss the results. Deliverables for this task will include: • Non -Conforming Properties List and Map - List and map of surveyed Non -Conforming properties and information gathered for each property within the Westside Specific Plan area. • Teleconference - One (1) teleconference with City Staff to discuss results of the field survey. Task 4: Draft Ranking of Non -Conforming Uses Using the results of Tasks 2 and 3 above, Altum will perform a draft ranking of non -conforming uses based on the criteria identified in the 2011 EPA report guidelines for ranking non -conforming uses. Following development of the draft rankings, Altum will provide the City with the draft rankings memorandum. Deliverables for this task will include: • Draft Ranking Memorandum - Draft ranking list of up to 129 Non -Conforming properties with criteria used (MS Word and PDF). P:\proposals\proposals-20181P2196 National City - Amortization Non -Conforming Uses`correspondence\documents\proposals\Revised Proposal March 20191fxhibit A - Amortization -National City Proposal_3-25-19 Revl.docx 16 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 4 a ■'� The EAltum Group Task 5: Final ranking of Non -Conforming uses After City review of Draft Ranking Memorandum, Altum will have one (1) teleconference to coordinate with the City on preparation of the Final Ranking Memorandum. Altum will respond to one round of City comments on the Draft Ranking Memorandum and will prepare the Final Ranking Memorandum accordingly. This scope assumes that City staff will be responsible for any Public Hearing requirements as required by the City of National City and/or the State of California. Deliverables for this task will include: • Final Ranking Memorandum- Provision of a list of the identified Non -Conforming uses in the Westside Specific Plan area (MS Word and PD). Task 6: Amortization Schedule for Five Non -Conforming Properties In this task, Altum will coordinate with the City and property valuation consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code Section 18.11.100(D), Affirmative Termination by Amortization. Under this Task, Altum will set aside the availability for one (1) Team Member to attend a total of one (1) meeting with City Staff and Property Owners. Deliverables for this task will include: o Amortization Schedule for Five Non -Conforming Properties - Memorandum that outlines schedule for amortization for up to five (5) Non -Conforming use properties (MS Word and PDF). OPTIONAL TASKS If authorized by the City, Altura will complete the following optional tasks for an additional fee (as detailed in the Fee Schedule section, Optional Task subsection below). Task 7: Presentation to Planning Commission (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) Planning Commission Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. Task 8: Presentation to City Council (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) City Council Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. PROPOSED SCHEDULE The project is anticipated to take no longer than seven months to complete based on City approval for Tasks 1 through 6. Please see the attached schedule that provides further information for each task's estimated timing. P:\proposalslproposals-20181P2196 National City - Amortization Non -Conforming Useslcorrespondenceldacumentsiproposals\Revised Proposal March 2019\Exhibit A - Amortization -Notional City Proposal 3-25-19_Revl.docx 17 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 5 "minim The EAltum Group ASSUMPTIONS AND EXCLUSIONS The following list is not intended to be all-inclusive. If there are items deemed incorrect or necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. 1. The Project Analysis will involve a total of 129 candidate properties being considered for potential amortization, as provided by the City of National City for Altum to review; 2. All project services not specifically described herein will require a separate proposal and executed contract/amendment, prior to performing said additional services; 3. Access to the subject properties for field survey is clear, or the property owner(s)/business owner(s) will give authorization for personnel to access each property; 4. If it is determined in agreement between the City and Altum that a selected property is no longer applicable as a Non -Conforming use, then that property will be removed from the selection list and if available, replaced with another Non -Conforming candidate property within the Westside Specific Plan Area to be evaluated for amortization; and 5. Optional Tasks 7 and 8 to only be performed if the City determines that Altum staff presence is needed for one (1) Team member to attend one (1) Planning Commission hearing and/or at one (1) City Council held hearing. These Optional Tasks will require additional Scope and Fee. FEE SCHEDULE The following summarizes Altum's Fees for Tasks 1 through 6 as described in our Scope of Services above. We have also included Tasks 7 and 8 as optional services, should the City be interested. All tasks are to be performed on a time and materials (T&M) basis. Please note Altum's Fee Schedule located in Appendix A. Services proposed for the Amortization of Non -Conforming Uses TASK 1 Project Kick -Off Meeting and Project Management $ 4,394 TASK 2 Data Research $ 19,930 TASK 3 Field Surveys and Review $ 18,244 TASK 4 Draft Ranking of Non -Conforming Uses Memo $ 11,778 TASK 5 Final Ranking of Non -Conforming Uses Memo $ 3,286 TASK 6 Amortization Schedule for Five Non -Conforming Properties $ 1,425 Direct Costs $ 6,800 CONTRACT TOTAL $ 65,857 Optional Services TASK 7 Presentation to Planning Commission $ 1,625 TASK 8 Presentation to City Council $ 1,625 P:\proposals\proposah-20181P2196 National City - Amortization Non -Conforming Uses\correspondence\ documentslproposalslRevised Proposal March 2019\Exhibit A - Amortization -National City Proposal3-25-19_Revl.docx 18 APPENDIX A Fee Schedule City of National City March 25, 2019 LEABIEW Chris Moore Rich Malacoff Mac Antono Director Pro ect Mana: er Assistant Planner 5195 $152 $90 12 7 11 5 2,340.00 $ 1,064.00 $ 990.00 Chris Moore Rich Malacoff Taku Shiozaki Doug Kinley Mac Antono Chris Moore Rich Malacoff Taku Shiozaki Max Antono Chris Moore Rich Malacoff Doug Kinley Taku Shiozaki Mac Antono Director Project Manager Planner Planner Assistant Planner Director Project Manager Planner 5195 5152 $116 5116 590 $195 5152 5116 14 22 28 48 $ 2,730.00 3,344.00 3,248.00 5 5,568.00 56 $ 5,040.00 10 5 12 20 1.950.00 1,824.00 2,320.00 Assistant Planner Director Project Manager Planner Planner Assistant Planner $90 5195 5152 5116 $116 135 $ 12,150.00 12 $ 16 16 25 25 2,340.00 $ 2,432.00 $ $ 1,856.00 2,900.00 $ 2,250.00 Chris Moore Rich Malacoff Mac Antono Director Pro'ect Mana: er Assistant Planner 5152 $90 10 1,170.00 5 1,216.00 Chris Moore Mao Antono Director Assistant Planner 590 5 450.00 Direct Costs 5 6,800.00 Chris Moore Max Antono Direct Costs Director Assistant Planner $195 590 5 5 5 5 975.00 450.00 5200 Chris Moore Max Antono Direct Costs IME1=211•111111133215t ®' Assistant Planner $ 450.00 $ 65,857.00 P'\proposalslproposals-201a1P2196 Nauo nal City • Amornzatlon Non -Conforming Uses \correspondence\documents\proposals\xe.ned Proposal March 2019\xeased Amortization Preliminary Cost Proposal 3-25-19 19 2019 City of National City Months Month 1 Month 2 Month 3 20 Month 4 Month 5 Month 6 Month 7 ACORO® CERTIFICATE OF LIABILITY INSURANCE `..------ DA,E,MMIDD/YYYY1 01 /17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate doos not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Ascend Insurance Agency 36917 Cook St. Ste 101 Palm Desert, CA 92211 License #: OF44130 CONTACT NAME' Ana Santos PHONE FAX Earl: (760)341-3477 (A/C, No): (769)341-476 NAtC a _1ALC.rio EMAIL ADDRESS: I___ INSURER(S) AFFORDING COVERAGE INSURER A: Valley Forge Insurance Company _20508 INSURED The Altum Group 73710 Fred Waring Dr, Ste 219 Palm Desert, CA 92260-2574 INSURER B : California Automobile Insurance Company 38342 INSURERC: Continental Casualty Company 20443 INSURER D: Wesco Insurance Company 25011 INSURER E: Argonaut Insurance Company 19801 INSURER F : COVERAGES CERTIFICATE NUMBER: 00000000-586831 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE _'N¢D ADOL SUER WVD POLICY NUMBER POLICY EFF IMMIDD/YYYY) POLICY EXP IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL UABIUTY OCCUR Prop Y B 4018212239 05/01/2018 05/01/2019 EACHOCCURRENCE s 2,000,000 CLAIMS -MADE X PREMISE-b?7 CES IETO 3o EDrw) S 300,000 X Business Pers MED EXP (Any one person) $ 10,000 PERSONAL & AOV INJURY S 2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 PRODUCTS • COMP/OP AGG S 4,000,000 BPP Limit s 114,199 S 1,000,000 B AUTOMOBILE UAeILITY ANY AUTO OVVNED SCHEDULED__ OS ONLY X SCHEDULED _X i AUTOS ONLY AUTOS ONLY Y BA040000023543 09/01/2018 09/01/2019 (fie acaCeO SINGLE LIMIT BODILY INJURY (Per person) S BODILY INJURY (Per accident) S Ia PROPERTY DAMAGE S S C x UMBRF_LLAUAB X EXCESS UAD I OCCUR I CLAMS -MADE B 4018213150 05/01/2018 05/01/2019 EACH OCCURRENCE $ 3,000,000 AGGREGATE S 3,000,000 DED I X RETENTION S 10,000 s D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERMIEMBER EXCLUDED, N (Mandatory In NH) II yes. describe under DESCRIPTION OF OPERATIONS bel w N/A Y WWC3343560 05/07/2018 05/07/2019 X PETH- STAR TUTE I R E. L. EACH ACCIDENT S 1,000,000 E L DISEASE - EA EMPLOYE S 1,000,000 E.L DISEASE - POUCY LIMIT S 1,000,000 A E Inland Marine Professional Liab B 4018212239 121 AE 0001081-00 05/01/2018 08/23/2018 05/01/2019 06/23/2019 Scheduled Limit PerOccurence Limit 109,308 1,000,000 DESCRIPTION CF OPERATIONS / LOCATIONS 'VEHICLES (ACORD 101, Additional RomarNa Schedule, may bo attached If more specs Is required) Certificate holder, The City of National City, Its elected officials, officers, agents, and employees, is named as additional Insured as it pertains to General Liability and Automobile Liability. Walvor of Subrogation Applies to the Worker Compensation Liability In favor of Certificate Holder. ALL PROJECTS/LOCATIONS CERTIFICATE HOLDER CANCELLATION I City of National City 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DEUVERED !N ACCORDANCE WITH THE POLICY ROVISIONS. AUTHORIZEDREPRES (ACS) ACORD 25 (2016/03) 04.S3 015 ACORD CORP ION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by ACS on January 17, 2019 at 04 45PM 21 II111111111111i011>II[II1Q UnII1lllllfll CNA Policy #B4018212239 Effective 05/01/2018 The Altura Group ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE S83001130 (Ed. 6-16) Name Of Person Or Organization: The City of National City, its elected officials, officers, agents, and employees Information required to complete this Schedule, If not shown on this endorsement, will be shown in the Declarations. it Is understood and agreed that the section entitled WHO IS AN INSURED Is amended with the addition of the following: A. The person or organization shown In the Schedule is an insured, but only with respect to such person or organization's liability for "bodily injury," "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. in connection with premises owned by or rented to you. B. However, if coverage for the additional insured Is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract cr agreement. C. The coverage granted by this endorsement does not apply to °bodily Injury" or "property damage" included within the "products -completed operations hazard." Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. Sa100113D (Ed. 6-16) Copyr'.ght. CNA Al Rights Reserved. 22 POLICY NUMBER: BA040000023543 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Alum Group Endorsement Effective Date: 01/17/2019 SCHEDULE Name Of Person(s) Or Organization(s): The City of National City, its elected officials, officers, agents, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 23 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right To recover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work described In the Schedule. The additional premium For this endorsement shall be 2% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it Is attached end Is effective on the date Issued unless otherwise stated. (Tho Information below Is required only when thls endorsement Is Issued subsequent to preparation of the pollcy.) Endorsement Effective 5/7/2018 Policy No. WVVC3343560 dorsement No. 0 Insured THE ALTUM GROUP (A CORP) i Premium $ 21874 Insurance Company Wesco Insurance Company Countersigned WC 04 03 06 (Ed. 04-84) 24 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP FOR PROFESSIONAL SERVICES WITH A NOT -TO - EXCEED AMOUNT OF $70,000 TO IMPLEMENT THE AMORTIZATION OF NONCONFORMING USES WITHIN THE WESTSIDE SPECIFIC PLAN WHEREAS, on January 25, 2018, the City released a request for proposals for professional services to implement the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT"); and WHEREAS, the Altum Group (the "CONSULTANT") was the only responding firm to submit a proposal by the deadline of March 12, 2018; and WHEREAS, the CONSULTANT proposal preliminary budget exceeded the amount of City funds budgeted for the consultant services for the PROJECT; and WHEREAS, the CITY and CONSULTANT met and conferred to revise the scope and cost to not exceed the CITY's budget; and WHEREAS, the CONSULTANT submitted a final revised proposal on March 25, 2019 with a total budget of $69,107, including optional tasks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an agreement by and between the City of National City and The Altum Group with a not to exceed amount of $70,000. The agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of May 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil Morris -Jones City Attorney q 9�RATEY A n CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk THE ALTUM GROUP Professional Services Agreement Ray Pe (Engineering/Public Works) forwarded a duplicate original Agreement to The Altum Group.