HomeMy WebLinkAboutSagecrest Planning and Environmental, LLC - 2017-11-27 6,e_ -.7
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City of Huntington Beach
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File #: 19-349 MEETING DATE: 4/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve and authorize execution of Amendment No. 2 to Professional Services Agreement
with Sagecrest Planning and Environmental, LLC for As-Needed Planning Services in the
amount of$289,000
Statement of Issue:
Transmitted for City Council's consideration is a request to amend an existing contract between the
City and Sagecrest Planning and Environmental, LLC. The contract for professional planning
services would be increased by $289,000. The contract amendment is needed to continue to provide
professional planning services.
Financial Impact:
No additional appropriations are requested for this action. The Sagecrest Planning and
Environmental, LLC amendment will be absorbed within the Community Development Department's
FY 2018/19 and FY 2019/20 budget account 10060201.69365.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No.2 to Professional
Services Contract Between the City of Huntington Beach and Sagecrest Planning and
Environmental, LLC for Professional Planning Services."
Alternative Action(s):
Deny the Amendment between the City and Sagecrest Planning and Environmental, LLC and direct
staff accordingly.
Analysis:
Applicants who submit projects to the City pay fees for these services and expect reasonable service
levels. When City staff can no longer meet the demands of increased development activity, these
services have historically been supplemented with professional services provided by planning
consultants. This approach is a cost effective method of closing the gap between the demands for
planning services and the ability of City staff to meet this demand.
On November 27, 2017, the City of Huntington Beach approved a three-year, $90,000 contract with
City of Huntington Beach Page 1 of 2 Printed on 4/11/2019
powered.," LegistarT'
File #: 19-349 MEETING DATE: 4/15/2019
Sagecrest Planning and Environmental, LLC for Professional Planning Services. On September 4,
2018, that contract was amended for additional compensation of$147,000 for a new total not to
exceed of $237,000 to meet workload demands. Those funds have been fully utilized. Currently,
there is not enough staff to perform the necessary entitlement processing to meet the State
Mandated Permit Streamlining Act. With the fluctuation and current increase in entitlement
processing activity in FY 18/19, the Community Development Department anticipates this increased
activity to continue. Therefore, Sagecrest Planning and Environmental LLC will still be needed to
assist.
In addition, two planners are currently assigned full-time to the ELM system implementation,
including data conversion and testing, to help ensure a successful transition to the new permitting
system later this summer. This professional services contract helps to satisfy the increased demand
for entitlement processing while ensuring that the new ELM permitting system will be sufficiently
tested and refined by City staff for implementation in early FY 19/20.
The Community Development Department is requesting the continuation of as-needed Planning
resources to ensure services continue to be provided in a timely manner. Staff recommends the City
Council approve the amendment with Sagecrest Planning and Environmental, LLC, in the amount of
$289,000, and authorize the Mayor and City Clerk to execute the documents.
Environmental Status:
The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Amendment No 2 to Agreement between City of Huntington Beach and Sagecrest Planning
and Environmental, LLC for As-Needed Planning Services
2. Amendment No 1 to Agreement between City of Huntington Beach and Sagecrest Planning
and Environmental, LLC for As-Needed Planning Services
3. Original Professional Services Contract between the City of Huntington Beach and Sagecrest
Planning and Environmental, LLC for Professional Planning Services
4. Insurance Certificate
City of Huntington Beach Page 2 of 2 Printed on 4/11/2019
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ATTACHMENT # 1
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
SAGECREST PLANNING AND ENVIRONMENTAL, LLC
FOR
PROFESSIONAL PLANNING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as
"CITY," and SAGECREST PLANNING AND ENVIRONMENTAL,LLC, a California
limited liability company,hereinafter referred to as"CONSULTANT."
WHEREAS,CITY and CONSULTANT are parties to that certain agreement,
dated November 27, 2017,entitled"Professional Services Contract Between the City of
Huntington Beach and Sagecrest Planning and Environmental, LLC for Professional
Planning Services," which agreement shall hereinafter be referred to as the"Original
Agreement,"and
CITY and CONSULTANT are parties to an amendment to the Original
Agreement dated September 4,2018,entitled"Amendment No. 1 to Agreement Between
the City of Huntington Beach and Sagecrest Planning and Environmental,LLC for
Professional Planning Services"and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional work to be performed by CONSULTANT and the additional compensation to
be paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE,it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed, CITY agrees
to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full
•
19-7446/199741 1
payment for services rendered,an additional sum not to exceed Two Hundred Eighty
Nine Thousand Dollars ($289,000), in addition to the original sum of Two Hundred
Thirty Seven Thousand Dollars($237,000),for a new total not to exceed figure of Five
Hundred Twenty Six Thousand Dollars($526,000).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
19-7446/199741 2
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be
executed by their authorized officers on April 15th ,2019
CONTRACTOR,
SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH,
ENVIRONMENTAL,LLC;a California a municipal corporation of the State of
Corporation California
By:
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ITS: (circle one) Chaim. I ` esiden ice 9'6h1414014.4d
President
City,Clerk
AND
JLJLINITIAT = P VED:
By: Director of Community Development
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print name
ITS: (circle one) Secretaryof Financial REV D APPROVED:
Cce st. Secretary--Treasurer
ity anager
APPROVED A ORM:
ity Attorney pid
19-7446/199741 3
ATTACHMENT #2
AMENDMENT NO, 1 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
SAGECREST PLANNING AND ENVIRONMENTAL,LLC
FOR
PROFESSIONAL PLANNING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as
"CITY, and SAGECREST PLANNING AND ENVIRONMENTAL,LLC, a California
limited liability company,hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated November 27, 2011,entitled"Professional Services Contract Between the City of
Huntington Beach and Sagecrest Planning and Environmental, LLC," which agreement
shall hereinafter be referred to as the"Original Agreement," and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional work to be performed by CONSULTANT and the additional compensation to
be paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed, CITY agrees
to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full
payment for services rendered,an additional sum not to exceed One Hundred Forty-
Seven Thousand Dollars ($147,000.00), in addition to the original sum of Ninety
Thousand Dollars($90,000.00),for a new total not to exceed figure of Two Hundred
Thirty-Seven Hundred Dollars ($237,000.00),
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2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on ,20 .
CONTRACTOR,
SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH,
ENVIRONMENTAL, LLC, a California a municipal corporation of the State of
Corp tion California't By: . O1
. kua ggsk.inS rPriAcr'
print name Mayor
ITS: (circle o an/President/Vice
President ina
City Clerk
AND
i / INITIATE 1s•P D
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AcoBy. f1..A ti 4 �� Director ofCommunit Development
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print name
ITS: (circle one) Secretary/Chief Financial REVIEWED AND APPROVED:
Officer/Asst. Secretary—Treasurer a�- iAcAP�
City Manager
APP OVED AS TO FORM:
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95
ATTACHMENT #3
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SAGECREST PLANNING AND ENVIROMENTAL, LLC
FOR
PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY," and , a Sagecrest Planning and Environmental, LLC hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
professional planning services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Amy Vazquez who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM;TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on November 27, , 2017 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than six months from the Commencement Date. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses,not to exceed ninety thousand Dollars ($90,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall
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apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention without the express written
consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars
($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy
further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
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insurance has been procured and is in force and paid for, the CITY shall have the right, at
the CITY's election, to forthwith terminate this Agreement. Such termination shall not
effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT'S defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner,the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PA'IENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices,certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Sagecrest Planning &Environmental, LLC
ATTN: Scott Hess Amy Vazquez
2000 Main Street 2400 E Katella Ave., Suite 800
Huntington Beach, CA 92648 Anaheim, CA 92806
(714) 783-1863 ext. 705
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17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section,paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement,which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California,
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact,held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
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promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City
Attorney. This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
[COMPANY NAME] California
Sagecrest Planning and Environmental, LLC
By: City
--Ain," Vol - 47 ,1 INITI D AND APPROVED:
pr. #.lie
ITS: (circle onC hairm residentNice President
Scott ess, hector Community Development
AND
APPROVED AS TO F •
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By: '/
._.,`wtis City tt ey
print name
ITS: (circle one)Secre# ief Financial Office Asst.
Secretary—Treasurer Date
RECEIVE AND FILE:
(47riftti 9,012240,41.4)
City Clerk
Date /- 010/ 7
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
To provide on call planning services for the Community Development Department, Planning
Division. Specifically, entitlement processing and other miscellaneous planning duties as may be
assigned.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
See Attached for Scope of Work
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Consultant will function as extension of staff.
2. The City of Huntigton Beach Department of Community Development wil be the lead agency
for all assigned work.
D. WORK PROGRAM/PROJECT SCHEDULE:
Not applicable
EXHIBIT A
108
EXHIBIT "B"
Payment Schedule(Hourly Payment)
A. Hourly Rate
CONSULTANTS fees for such services shall be based upon the following hourly rate and cost
schedule:
Planning Director $150/hour
Planning Manager $140/hour
Zoning Administrator $130/hour
Principal Planner $120/hour
Senior Planner $105/hour
Associate Planner $90/hour
Assistant Planner $70/hour
Planning Technician $55/hour
Minutes Clear/Planning Administration $45/hour
B. Travel. Charges for time during travel are not reimbursable
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANTs firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
1
Exhibit B
109
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B
110
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
111
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SAGECREST PLANNING AND ENVIRONMENTAL, LLC
FOR
PROFESSIONAL PLANNING SERVICES
Table of Contents
1 Scope of Services 1
2 City Staff Assistance 2
3 Term; Time of Performance 2
4 Compensation 2
5 Extra Work 2
6 Method of Payment 3
7 Disposition of Plans,Estimates and Other Documents 3
8 Hold Harmless 3
9 Professional Liability Insurance 4
10 Certificate of Insurance 5
11 Independent Contractor 6
12 Termination of Agreement 6
13 Assignment and Delegation 6
14 Copyrights/Patents 7
15 City Employees and Officials 7
16 Notices .7
17 Consent 8
18 Modification 8
19 Section Headings 8
20 Interpretation of this Agreement 8
21 Duplicate Original 9
22 Immigration 9
23 Legal Services Subcontracting Prohibited 9
24 Attorney's Fees 10
25 Survival 10
26 Governing Law 10
27 Signatories 10
28 Entirety 10
29 Effective Date 11
112
ATTACHMENT #4
ACC012 OIYYYY)
5r31rIDIO J CERTIFICATE OF LIABILITY INSURANCE DATE(MM !s
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 the certificate holder is an ADDITIONAL INSURED,the policy(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 does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
John Dewing CA Lic#0K64014
Hall&Company PHONE FAX
19660 10th Ave NE (A/c,No.Extl: 360-626-2011 (Arc,No):360-598-3703
Poulsbo WA 98370 E-MAIL
jdewing@hallandcompany.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A: Beaziey Insurance Company Inc 37540
INSURED SAGEPLA-01 INSURER B: Travelers Property Casualty Company of America 25674
Sagecrest Planning+Environmental LLC
2400 E Katella Ave Suite 800 INSURER C:
Anaheim CA 92806 INSURER D:
INSURER£:
ENSURER F:
COVERAGES CERTIFICATE NUMBER:1588692671 REVISION NUMBER:
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 SUBR POLICY EFF POLICY EXP LIMITS
LTRINSD WVD POLICY NUMBER (MM/DDIYYYY) IMMJDD/YYYY1
B X COMMERCIAL GENERAL LIABILITY 6805J742889 6/1/2018 6/1/2019 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES(Ea occurrence) $1,000,000
MED lECP(Any one person) $5,000
PERSONAL&ADV INJURY $1,060,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X PRO LOC PRODUCTS-COMP/OP AGG $2,000,000
JECT
OTHER: $
B AUTOMOBILE LIABILITY 8805J742889 6/1/2018 6/1/2019 COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
y HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
B WORKERS COMPENSATION UB5J743745 6/1/2018 6/1/2019 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
A Professional Liab:Claims Made V1EE36170101 6/1/2017 6/1/2019 $1,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The certificate holder is an additional insured per the attached.
The City of Huntington Beach is an Additional Insured on the Commercial CCom�ett� �iIlity and Auto Liability when required by written contract or agreement
regarding activities by or on behalf of the Named Insured.Thikt Wt8{fI�SL►hh OrfttNbility insurance is primary insurance and any other insurance maintained
by the Additional Insured shall be excess only and non-contributing with this insuran A ver of subrogation applies to the Commercial General Liability,
Auto Liability and Workers Compensation/Employers Liabiilliita pf�in faitio a ,:I d. jj f
MICHAEL E.GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648 AUTH RIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
TRAVELERSJ WORKERS COMPENSATION
AND
ONE TOWER SQUARE_ EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT WC 99 03 76 ( A)- 001
POLICY NUMBER: UB-5J743745-18-47-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorseritent shall be 2.00 % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR ARCHITECTS
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS •
WAIVER.
INCLUDING:
•
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 Policy No. Endorsement No.
Insured Premium
Insurance Company Countersigned by
DATE OF ISSUE: 04-06-18 ST ASSIGN: Page11€4 of 1
Switzer, Donna
From: Gilbert, Debra
Sent: Wednesday, April 24, 2019 3:33 PM
To: Switzer, Donna
Subject: FW: Sagecrest Contract
Attachments: Signature Page- Sagecrest.pdf
Donna, Don't think I ever received a "wet" signature page.
Debbie
From: Amy Vazquez<avazquez@sagecrest.us>
Sent: Wednesday, April 03, 2019 4:01 PM
To: Gilbert, Debra <dgilbert@surfcity-hb.org>
Cc:Amy Stonich <astonich@sagecrest.us>
Subject: Sagecrest Contract
Hi, Debra-The signature page for our revised contract is attached. Thank you. -Amy
Amy Vazquez, President
Sagecrest Planning+Environmental
714.914.5605
http://www.sagecrest.us
71 .1
..
•U s
SAGECREST
plonning+environmental
1