AGENDA
ITEM
17 AGENDA
ITEM
CALEXICO California
17 CITY COUNCIL
AGENDA STAFF REPORT
DATE: January 17, 2024
TO: City Council
APPROVED BY: Esperanza Colio Warren, City Manager Sung Calendan REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: Francisco Barba, Development Services Director SUBJECT: AUTHORIZE CITY MANAGER TO SIGN AMENDMENT NO. 2, IN THE AMOUNT OF $67,494.09 TO THE AGREEMENT OF
PROFESSIONAL SERVICES WITH THE HOLT GROUP, INC.
TOTAL CONTRACT WILL BE $142,494.08
RECOMMENDATION:
Authorize City Manager to Sign Amendment No. 2, in the amount of $67,494.09 to the Agreement of Professional Services with The Holt Group. Inc. for On-Call Planning and Environmental Services. Total contract will be $142,494.08.
BACKGROUND:
On April 4, 2023, the City of Calexico and The Holt Group, Inc. executed an Agreement for Professional Services with a total compensation not to exceed $24,999.00.
On October 4, 2023, the City Council adopted Amendment No 1 transferring $50,000.00 from the Cannabis allocation to the Planning allocation.
DISCUSSION AND ANALYSIS:
In accordance with the original Agreement of Professional Services and Amendment No. 1, The Holt Group, Inc. has provided services up to June 2023 in the amount of $23,867.50, and up to August 2023 in the amount of $73,742.09.
Due to the continued shortage of staff, specifically in the Development Services Department, additional planning and environmental services were necessary. For this reason, the City of Calexico City Council Meeting
The Holt Group, Inc. Professional Services Agreement Amendment No. 2 - January 17, 2024 Page 1 of 2 Development Services Department is recommending Amendment No. 2 which consists of transferring $67,494.09 from the American Rescue Plan (ARPA) to the Planning Allocation.
FISCAL IMPACT
Budgeted Items FY 2023-2024
Revenue Amount
255-91-924-56000-001 $4,676.18
255-91-924-56000-003 $50,000.00
Expenditure Amount
255-91-927-56000-013 $67,494.09
COORDINATED WITH
City Manager's Office
Finance Department
ATTACHMENTS
Attachment A - Amendment No. 2 Agreement of Professional Services with The Holt Group, Inc.
Attachment B - Budget Amendment Resolution for Fund 255 - American Rescue Plan Act (ARPA) for Professional Services
City of Calexico City Council Meeting
The Holt Group, Inc. Professional Services Agreement Amendment No. 2 - January 17, 2024 Page 2 of 2 AMENDMENT NUMBER 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CALEXICO AND THE HOLT GROUP, INC.
AMENDMENT NUMBER 2 dated January 17, 2024, the agreement for professional services between the City of Calexico ("City") and The Holt Group, Inc. ("Consultant") dated April 4, 2023 the "Agreement") concerning On-Call Planning and Environmental Services described ("Services").
The Consultant has entered into an Agreement with the City for the furnishing of professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional Professional Services to be performed by Consultant and provisions for additional compensation by the City to the Consultant, all set forth in:
Exhibit A - Amendment No. 2 dated January 17, 2024.
The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.
CITY OF CALEXICO: CONSULTANT:
By: By:
Title: Esperanza Colio Warren, City Manager Title:
Date: Date:
By:
Title: Carlos Campos, City Attorney
Date:
By:
Title: Veronica L. Alvarado, City Clerk
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D City of Calexico
IMPE 608 HEBERAVENUE CALEXICO, CA 92231 (760) 768-2110
April 4, 2023
The Holt Group, Inc.
Attn: James G. Holt
1601 N. Imperial Ave.
El Centro, CA 92243
Dear Mr. Holt:
Letter Agreement for On-Call Planning and Environmental Services This letter shall be our agreement ("Letter Agreement") regarding the On-Call Planning and Environmental Services described below ("Services") to be provided by The Holt Group, Inc. ("Consultant") as an independent contractor to the City of Calexico, a municipal corporation organized under the laws of the State of California (the "City") for the City's Land Use Entitlement Projects ("'Project"). Consultant is retained as independent contractor and is not an employee of the City. City and Consultant are sometimes referred to herein as "Party" or "Parties." Services: Schedule of Performance: The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit "A" and are incorporated herein by reference.
Services on the Project shall begin immediately and shall be completed by December 31, 2024, unless extended by the City in writing.
Standard of Care: Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws.
Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement.
Substitution of Key Personnel:Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Letter Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of' at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Letter Agreement for cause. The key personnel for performance of this Letter Agreement are as follows: James G. Holt, Secretary/CFO, and additional personnel as described in the attached proposal.
Compensation: Compensation shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the rates) set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twenty Four Thousand Nine Hundred Ninety-Nine Dollars and Zero Cents ($24,999.00). Consultant's invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis as performance of the Services progresses. The City shall review and pay the approved charges within thirty (30) days of receipt of such invoices. If the City disputes any of Consultant's fees, the DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D City shall give written notice to Consultant, within thirty (30) days of receipt of an invoice, of any disputed fees set forth therein. The City shall review and pay the approved charges on such invoices in a timely manner.
Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Letter Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
If the Services are being performed as part of an applicable "public works" or "maintenance" project and the total compensation exceeds $25,000, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
Insurance: Consultant shall take out and maintain: A. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/$2,000,000 general aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per occurrence for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers' Compensation Insurance in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D.
Professional Liability (Errors and Omissions) Insurance, if required by the City, that covers the Services to be performed, in the minimum amount of $1,000,000 per claim and in the aggregate, with conditions and for a term acceptable to the City. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A: VII" rating according to the latest Best Key Rating unless otherwise approved by City. Consultant shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Consultant's Commercial General Liability and Automobile Liability. All insurance coverage maintained or procured pursuant to this Letter Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or - 2-
81211.00101\41138741.1
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
Termination: The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before Project ompletion, Consultant shall be entitled to be paid in full for those Services adequately complete rior to the notification of termination. Consultant may terminate this Letter Agreement upon 3 calendar days' written notice to the City but only in the event of City's failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant.
Indemnification: To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Letter Agreement, including without limitation the payment of all expert witness fees, attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Letter Agreement, and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. The only limitations on this provision shall be those imposed by Civil Code section 2782.
If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
affecting the performance of the Project or the Services.
By executing this Letter Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Consultant shall maintain records of its compliance, including its verification of each employee, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements. To the same extent and - 3-
81211.00101141138741.1
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D under the same conditions as Consultant, Consultant shall require all of its subconsultants, sub- subconsultants and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Consultant's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency.
Governing Law; Venue; Government Code Claim Compliance: This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Imperial County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City Assignment; Amendment: Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City.
This Letter Agreement may not be modified or altered except in writing signed by both Parties.
There are no intended third party beneficiaries of any right or obligation of the Parties.
Miscellaneous Terms: This is an integrated Letter Agreement representing the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.
Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. The unenforceability, invalidity or illegality of any provisions) of this Letter Agreement shall not render the other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Letter Agreement.
Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree - 4-
81211.00101\41138741.1
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D with the terms of this Letter Agreement, please indicate by signing and dating where indicated below.
CITY OF CALEXICO CONSULTANT - THE HOLT GROUP, INC.
Esperanza Colio Warren James G. Holt
City Manager Name
Secretary/CFO
Attest: Title
-DocuSigned by: 4/5/2023
Date
Gabriela 1. Garcia
City Clerk
APPROVED AS TO FORM:
-DocuSigned by:
000
ByL City Atfornegee..
- 5 -
81211.00101\41138741.1
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
who signed the document to which this certificate i
State of California
County of Imperial
before me,. Marcella M. Zamora, Notary Public
(insert name and title of the officer)
personally appeared James G. Holt.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(syis/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/ther authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. MARCELLA M. ZAMORAS
COMM. # 2319506
IMPERIAL COUNTY
stonate wide wan mmm. Ex.FEB120215
(Seal)
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D EXHIBIT "A"
SCOPE OF SERVICES
1. City Planning Services
development plans and final improvement plans for compliance with the adopted Land Use Ordinance, General Plan, and any applicable Specific Plans. The Holt Group, Inc. planning staff and presentations, public advertisements etc. for any project as warranted. Assist with annexation, processing of conditional use permits (CUP's), Lot Line Adjustments/Mergers, and General Plan Amendments.
Environmental Planning Services - For any project subject to CEQA, an initial study and assessment will be drafted and coordinated with the City and any other oversight agencies for review and comment. The Holt Group, Inc. will prepare Environmental Impact Reports and respond to public inquiries resulting from the filing of Negative Declarations, Mitigated Negative Declarations, or Environmental Impact Reports. When required, Mitigation, Monitoring, and Reporting Programs will be created and implemented. The Holt Group, Inc. will facilitate, when project required, the solicitation of technical studies, including but not limited to, geotechnical reports, traffic analysis, biological and cultural studies, noise studies, and environmental site assessments. If specialized environmental or technical studies are required for large scale projects, The Holt Group, Inc. will coordinate work with sub-consultants in a manner consistent with the approved schedule. All work will be prepared in accordance with all local, state and federal policies and consistent with adopted guidelines. For Federally funded projects or projects that have federal oversight agencies, NEPA compliance will be met. All CEQA notices will be prepared in accordance with State Law.
2. Meeting Attendance and Reports
The Holt Group, Inc. will prepare Staff Reports recommending Planning Commission or City Council project approval, approval with conditions, or denial. Project specific Draft Resolutions will be prepared for use by the City Manager, Staff, and to be presented to the Planning Commission or City Council. The Holt Group, Inc. will meet with project required agencies, assign a staff member to attend City Council Meetings when agendas include planning matters, and correspond with all project required agencies.
A-1
81211.00101141138741.1
DocuSign Envelope ID: 98F5C25A-C02B-4F00-9F82-942AE54B6B2D EXHIBIT «B»
COMPENSATION
APPENDIX I
THE HOLT GROUP, INC.
Hourly Rate Schedul
ffective: January 1, 202
PLẠNNING
Planning Designer/AutoCAD Technician...
ENGINEERING
Principal Engineer P.E./L.S. $150.00/Hour
Project Engineer P.E./L.S. $140.00/Hour
Associate Project Engineer 3125.00/Hour
Assistant Project Engineer 3125.00/Hour
Project Manager $125.00/Hour
Civil Designer !!! 5105.00/Hour
Civil Designer Il S100.00/Hour
Civil Designer 1 $90.00/Hour
Senlor Plan Checker $i 40.00/Hour
Plan Checker $120.00/Hour
Resident Engineer, SI 30.00/Hour
Assistant Resident Engineer $I10.00/Hour
Designer Ill $90.00/Hour
Designer I $80.00/Hour
Deslgner! 375.00/Hour
SPECIALIZED. SUBCONSULTANT SERVICES. 15:
Sub-Contracted Services such as Labor Compliance Services.
Environmental Studles, Archeologlal Reports, Etc. At Cost
SURVEVING STAFF
Survey Profect Manager $150.00/Hour
2 Man Survey Crew with GPS (Overtime) 3340.00/Hour
2 Man Survey Crew with GPS 3270.00/Hour
L Man Survey Crew with GPS. 5160.00/Hour
Survey Travel Time Crew Rate × 50%
NOTES
1. The minimum time charged for survey project is 1/2 day (4 hours at the crew rates plus travel time).
2. Crew charges include standard surveying egulpment.
Rental of any special equipment will be charged at cost plus 15%
ADMINISTRATIVE SUPPORT SERVICES C
Senior Adminlstrator.... .$85.00/Hour
$65.00/Hot
(wore Techin/Courter 550.00/Hoi
REIMBURSABLE EXPENSES
Photocopies (each $0.10
lots (per square foot in colo 31.70
lots (per square foot in black & whit
At Cost
B-1
81211.00L01\41138741.1
BUDGET AMENDMENT RESOLUTION NO. 2024-—
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
CALEXICO OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT TO THE FINAL BUDGET FOR FISCAL YEAR 2023-2024
WHEREAS, the Final Budget for Fiscal Year 2023-2023 was adopted by Resolution No. 2023- 39 of the City Council on June 22, 2023; and
WHEREAS, the City Council has authorized the amendment of the Final Budget, in accordance with the proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s)
AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimate
Fund No. Department Division Account Sub-Account Amount Total $ -
2) Recorded Appropriation(s)
Fund No. Department Division Account Sub-Account Amount Total $
3) Record Transfer of Funds:
FROM:
Fund No. Department Division Account Sub-Account Amount 255 924 56000 001 $4,676.18
255 924 56000 003 $50,000.00
Total $ $54,676.18
TO:
Fund No. Department Division Account Sub-Account Amount 91 56000 013 $54,676.18
Total $ $54,676.18
cc: Finance Department
FORM FIN003(Revised 07/2016)
5) Purpose of Budget Amendment:
Amendment No. 2 to the Agreement of Professional Services with The Holt Group, Inc. for On-Call Planning and Environmental Services
PASSED, APPROVED AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 17* day of January, 2024.
RAUL UREÑA, Mayor
ATTEST:
VERONICA L. ALVARADO, City Clerk
APPROVED AS TO FORMS;
CARLOS CAMPOS, City Attorney
STATE OF CALIFORNIA)
CITY OF CALEXICO ) SS.
COUNTY OF IMPERIAL)
I, Veronica L. Alvarado, City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2024-_, was adopted by the City Council at their regular meeting of said City Council held on the 17" day of January 2024 by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
VERONICA L. ALVARADO, City Clerk
cc: Finance Department
FORM FIN003(Revised 07/2016)