HomeMy WebLinkAbout25zBB - AGMT - DESIGN SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2014
TITLE:
AGREEMENT FOR CONTRACTED
ARCHITECTURE AND URBAN DESIGN
SERVICES WITH JOHN KALISKI
ARCHITECTS {STRATEGIC PLAN NO. 3,2;
6,3}
CITY MANA R,
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
y 09 _ "
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on god Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
John Kaliski Architects for architecture and urban design services in an amount not to exceed
$40,000 for a period of three years, subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The Planning Division is currently reviewing several projects that will have long range
architectural and urban design impacts on the City. These projects include The Heritage at 2001
East Dyer Road, The Madison at 200 North Cabrillo Park Drive, The 301 at City Place and The
MET at 200 East First American Way. To enhance the architectural and urban design
components of these and other significant development projects, the City has utilized the
consulting services of John Kaliski Architects since September 2003. Mr. Kaliski's firm has been
an integral asset to the Planning Division by providing invaluable input on major development
projects that have resulted in improved design, better compatibility with surrounding
neighborhoods, more pedestrian friendly developments, enhanced architectural details and more
sustainable long -term development projects.
Earlier this summer, staff sent a Request for Qualifications (RFQ) to several firms to establish a
list of firms that could provide architectural and urban design services to the City. At the close of
the RFQ process, only John Kaliski Architects submitted their qualifications.
An agreement with Mr. Kaliski and his earlier firm, Urban Studio, was originally approved in
September 2003 in the amount of $10,000. Since that date, the Council has approved several
amendments that have extended the original contract until November 2014. In order to ensure
that Mr, Kaliski can continue to provide feedback on critical development projects, staff is
requesting that an agreement be executed with John Kaliski Architects in an amount not to
exceed $40,000, This agreement will remain in effect for three years or until the funds are
expended (Exhibit 1).
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Agreement with John Kaliski Architects
October 21, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies) and Goal No. 5
Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse
housing opportunities and support efforts to preserve and improve the livability of Santa Ana
neighborhoods).
FISCAL IMPACT
Funds in the amount of $40,000 are available in the Planning and Building Agency account for
contractual services (No. 01116510- 62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
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Exhibit: 1. Agreement
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Karen A. Haluza
Francisco Gutierrez
Interim Executive Director
Planning and Building Agency
Executive Director
Finance & Management Services Agencyk
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Wreport lKallskl contract.cc102114
Exhibit: 1. Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 2014, by and
between JOHN KALISKI ARCHITECTS, a sole proprietorship ( "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation of the State of California ( "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
urban design and architectural consulting for the provision of on -call services to the
City's Planning and Building Agency,
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide general urban design and architectural consulting services on an
on -call basis to the City. The scope of services and budget is attached hereto as Exhibit A and is
incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work products that result from the services provided.
Said work product shall be submitted in hard copy and produced in a form compatible with the
City's computer system, as agreed between the Project Manager and Consultant, In regard to all
copyrightable material produced as a deliverable under this Agreement, including but not limited
to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer
programs, Consultant agrees, for itself and for its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material may not be copyrighted without
prior review from the City, and (b) the authors of all such material, whether copyrighted or not,
award to the City, and to its officers, agents and employees acting within the scope of their
official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
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3. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $40,000.00 during the term of this Agreement. Payment by City
shall be made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
ENEEN"WRL31
This Agreement shall commence on the date first written above and terminate three (3)
years from said commencement date or upon the depletion of the maximum contract amount as
stated in Section 3 above, unless terminated earlier in accordance with provisions below. The
term of this Agreement may be extended upon a writing executed by both parties, including the
City Manager and the City Attorney for the City.
S. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards slid regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence, Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self - insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with Iimits not less
than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
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 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 affect
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.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct in the performance, from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
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Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts,
omissions or willful misconduct in the performance of this Agreement. The Consultant flxrther
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees
and costs for special counsel to be selected by the City, regarding any action by a third party
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of effects arising from this Agreement, City
may make all reasonable decisions with respect to its representation in any legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information, Confidential information includes not only written
information, but also infornation transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement, The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Cotimcil
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
4
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With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973 -1461
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Consultant :John Kaliski ALA
dba John Kaliski Architects
3780 Wilshire Boulevard, Suite 300
Los Angeles, CA 90010
telephone (213) 383 -7980
telefacsimile (213) 383 -7981
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed mid transnvtted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty -four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11, EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the
City. Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein.
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12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions;
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's ruse thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement,
14. NON - DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined, and prohibited
by applicable law, in the recruitment; selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
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the City of Santa Ana and all other goverrnnental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for tenmination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hercinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attpn q
By,
Ryan
RECOMMENDED FOR APPROVAL:
KAREN HALUZA
Interim Executive Director - PBA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
JOHN KALISKI ARCHITECTS
John Kaliski AIA
Principal
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EHIBIT A
SCOPE OF SERVICES
(Attached)
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3780 WILSHIRE BOULEVARD, SUITE 300 EXHIBIT A
LOS ANGELES CALIFORNIA 90010
www.JohnkallskI.=t
(213) 383.7980 ph
(213) 383.7981 fa
John KalisklAlA 0179451 URBAN STUDIO
John Kaliski Architects
On -Call Urban Design and Architectural Consulting Services
for the City of Santa Ana
September 1, 2014
John Kaliski AIA, dba John Kaliski Architects (JKA), an urban design and architectural professional services
firm, shall provide on -call urban design and architectural services to the City of Santa Ana (City) that shall
include but not be limited to the following:
• Design review and assessment of projects proposed for development in the City
• Development of planning, urban design, environmental design and architectural guidelines
• Urban design, environmental design and architecture studies, concepts, and schematic designs
• Architectural design facilitation
• Urban design facilitation, and
• Other related services that facilitate the City's urban design, environmental design and architectural
work programs.
JKA shall represent findings in written and /or oral form and as appropriate illustrative form and be available
for meetings as requested by staff to represent the work provided by JI(A. Services shall be provided to City
staff on an on -call basis per the attached fee schedule. For professional services consulting on a meeting -
by- meeting basis, design review, and meetings, Principal will be invoiced at the consulting rate unless a
specific project scope is agreed to in writing and in advance of work.
0210 140901 JKA SOW.docx 19/1/14 1 page 1 of 1
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John Kaliski Architects
2014 PROFESSIONAL FEE SCHEDULE'
Professional Staff
Principal (consulting)'
$220.00
per hour
Principal (project)
$165.00
per hour
Project Manager
$135.00
per hour
Architect
$120.00
per hour
Senior Designer
$100.00
per hour
Designer
Junior Designer
Administration
Intern
$90.00 per hour
$80.00 per hour
$70.00 per hour
$55.00 per hour
Reimbursable Expenses
General Reimbursable Expenses cost plus 10%
Professional Consultants cost plus 10%
Vendors
Auto Mileage
Outside Vendor Printing
In -house Printing
Large Format Plots
8.5 X 11 color copies
11 X 17 color copies
Black & White copies
cost plus 10 °%
$0.55 per mile plus 10%
cost plus 10%
$1.00 /SF
$1.00 per page
$3.00 per page
$0.10 per page
Note 1 Fee Schedule valid through 1/1/15 or as noted per a professional services agreement
Note 2 Principal will be invoiced at consulting rate unless a specific project scope is agreed to in writing in advance of work
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following;
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
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